Acts and resolutions of the General Assembly of the state of Georgia 1968 [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: PRESS OF LONGINO PORTER, INC. 19680000 English

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ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1968 19680000 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 1968 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 1894. The proposed amendments to the Constitution were grouped together beginning at page 1449 of Volume One and are followed by a complete index, with separate pagination beginning with page 1 A. This volume is bound separately. Local and special Acts and Resolutions were grouped in one volume beginning on page 2001. Revisions and amendments of municipal charters made pursuant to The Municipal Home Rule Act of 1965 as amended, and filed in the Office of Secretary of State during 1967 are printed in Volume Two beginning on page 3778. Home Rule Actions By Counties filed in the Office of Secretary of State during 1967 are printed in Volume Two beginning on page 3866. Except for the index contained in Volume One there are no intervening pages between 1894 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, and this is followed by a regular alphabetical index. ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1968 WORKMEN'S COMPENSATION TITLE AMENDED. Code Title 114 Amended. No. 617 (Senate Bill No. 203). An Act to amend Code Title 114, relating to Workmen's Compensation, as amended, so as to change maximum and minimum weekly benefits for total incapacity and to change the maximum compensation payable; to change maximum weekly benefits for partial incapacity and to change the maximum compensation payable; to change the period of time for which benefits shall be paid to dependents of certain deceased employees; to change the maximum compensation for funeral expenses; to change the maximum medical expenses allowable; to provide that upon its own motion before judicial determination or upon the application of any party in interest on the grounds of a change in condition, the State Board of Workmen's Compensation may, not later than two years from the date that the Board is notified that the final

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payment of a claim has been made pursuant to an order of the Board, review any award or settlement made between the parties and approved by the Board, and enter a new award effective as of the time the change in condition occurred, and that the employer and employee may agree that a change in condition has occurred, and the procedure connected therewith; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Title 114, relating to Workmen's Compensation, as amended, is hereby amended by striking Code section 114-404 in its entirety and substituting a new Code section, to read as follows: 114-404. Total incapacity; limit of compensation . When the incapacity to work resulting from an injury is total, the employer shall pay or cause to be paid, as hereinafter provided for, to the employee during such total incapacity a weekly compensation equal to 60 per cent of his average wages, but not more than $50 per week nor less than $15 per week, except when the weekly wage is below $15, then the regular wages on the date of the accident shall be the weekly amount paid, and in no case shall the period covered by such compensation be greater than 400 weeks, nor shall the total amount of compensation exceed $18,000. Section 2. Said Code Title is further amended by striking from Code section 114-405 the figure $30 and inserting in lieu thereof the figure $39 and by striking therefrom the figure $9,000 and inserting in lieu thereof the figure $12,000 so that when so amended Code section 114-405 shall read as follows: 114-405. Partial incapacity; limit of compensation . Except as otherwise provided in the next section hereafter, where the incapacity for work resulting from the injury is partial, the employer shall pay, or cause to be paid, as hereinafter provided, to the injured employee during such incapacity, a weekly compensation equal to 60 per cent of

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the difference between his average weekly wages before the injury and the average weekly wages which he is able to earn thereafter, but not more than $39 a week, and in no case shall the period covered by such compensation be greater than 350 weeks from the date of injury. In the event partial incapacity shall follow a period of total incapacity, the number of weeks to which the employee shall be entitled to receive compensation under this section shall be reduced by the number of weeks for which payments for total incapacity have been made to the employee, and in such event, the limitation as to the total compensation payable under this section shall not limit the total compensation which may be collected by the employee. The total compensation payable shall in no case exceed $12,000. Section 3. Said Code Title is further amended by striking Code section 114-413 in its entirety and inserting in lieu thereof a new Code section 114-413, to read as follows: 114-413. Death from causes other than injury; death resulting from injury; expenses of last sickness and funeral; dependents . When an employee is entitled to compensation under this Title for an injury received, and death ensues from any cause not resulting from the injury for which he was entitled the compensation, payments of the unpaid balance for such injury shall cease and all liability therefor shall terminate. If death results instantly from an accident arising out of and in the course of employment, or if during the period of disability caused by an accident death results proximately therefrom, the compensation under this Title shall be as follows: (a) The employer shall, in addition to any other compensation, pay the reasonable expenses of the employee's last sickness, and burial expenses not to exceed $750. If the employee leaves no dependents, this shall be the only compensation. (b) The employer shall pay the dependents of the deceased employee, wholly dependent on his earnings for support

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at the time of the injury, a weekly compensation equal to 85 per cent of the compensation which is provided for in section 114-404 for total disability, for a period not exceeding 400 weeks, from date of injury. (c) If the employee leaves dependents only partially dependent on his earnings for their support at the time of his injury, the weekly compensation for these dependents shall be in the same proportion to the compensation for persons wholly dependent as the average amount contributed weekly by the deceased to the partial dependents bears to his average weekly wages at the time of his injury. (d) When weekly payments have been made to an injured employee before his death, compensation to dependents shall begin on the date of the last of such payments, but the number of weekly payments made to the injured employee under section 114-404 shall be subtracted from the maximum of 400 weeks provided by this section, so that the duration of payments made to the dependents under this section plus the weekly payments made to the injured employee under section 114-404 shall not exceed a total of 400 weeks, and in no case shall payments be made to dependents except during dependency. (e) If the employee does not leave dependents, citizens of or residing at the time of the accident in the United States or Dominion of Canada, the amount of compensation shall not in any case exceed $1,000. The compensation provided for in this section shall be payable only to dependents and only during dependency. Section 4. Said Code Title is further amended by striking Code section 114-501 in its entirety and inserting in lieu thereof a new Code section 114-501, to read as follows: 114-501. Medical and other treatment artificial members; effect of refusal to accept . The employer shall furnish the employee, entitled to benefits under Code Title 114, such medical, surgical, hospital and other treatment including

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medical and surgical supplies, as in the judgment of the Board shall be reasonably required to effect a cure or give relief; provided the total amount shall not exceed $5,000. In addition thereto such original artificial members as may be reasonably necessary at the end of the healing period shall be provided by the employer. The Board may at any time upon request of an employee order a change of physician or treatment and designate other treatment or another physician as suggested by the injured employee subject to the approval of the Board, and in such a case the expense thereof shall be borne by the employer upon the same terms and conditions as hereinbefore provided in this section for medical and surgical treatment and attendance. The refusal of the employee to accept any medical, hospital, surgical, or other treatment when ordered by the State Board of Workmen's Compensation shall bar said employee from further compensation until such refusal ceases, and no compensation shall at any time be paid for the period of suspension unless in the opinion of the State Board of Workmen's Compensation the circumstances justify the refusal, in which case, the State Board of Workmen's Compensation may order a change in the medical or hospital service. If in an emergency on account of the employer's failure to provide the medical or other care as herein specified a physician other than provided by the employer is called to treat the injured employee, the reasonable cost of such service, within the limits of the amount set forth above, shall be paid by the employer if so ordered by the State Board of Workmen's Compensation. Section 5. Said Code Title is further amended by striking Code section 114-709 in its entirety and inserting in lieu thereof a new Code section 114-709, to read as follows: 114-709. Review of award or settlement on motion of Board or because of change in condition; award . Upon their

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own motion before judicial determination or upon the application of any party in interest on the ground of a change in condition, the State Board of Workmen's Compensation may, not later than two years from the date that the Board is notified that the final payment of a claim has been made pursuant to a Board order, review any award or any settlement made between the parties and approved by the Board and, on such review may make an award ending, diminishing or increasing the compensation previously awarded or agreed upon, subject to the maximum or minimum provided in this Title, and shall immediately send to the parties a copy of the new award. The Board shall have jurisdiction on such review to consider evidence of, and make a new award, determining events which occurred and conditions which existed at any time since the last hearing or agreement which resulted in an award for either party. Such new award shall be effective as of the time the change in condition actually occurred as found by the Board, notwithstanding the retroactive effect of such award, but shall not affect any compensation actually paid to any employee. Notwithstanding any court decisions previously rendered construing this Code section, `change in condition' as used herein insofar as it relates to Code sections 114-404 and 114-405 shall mean solely an economic change in condition occasioned by the employee's return or ability to return to work for the same or any other employer; or inability to work or continue to work for the same or any other employer, which inability is proximately caused by the accidental injury. A Supplemental Memorandum of Agreement as to Payment of Compensation or any other agreement between the claimant and employer duly signed by the parties and approved by the State Board of Workmen's Compensation is, in the absence of fraud, accident, or mistake, conclusive as to such a change in condition. An award of the Board based upon an approved agreement has the same legal effect and dignity as an award of the Board based upon evidence adduced at a hearing of the issues. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 9, 1968.

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CRIMESOBSCENE OR HARASSING TELEPHONE CALLS. No. 618 (House Bill No. 836). An Act to provide criminal penalties with respect to obscene or harassing telephone calls; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Whoever by means of telephone communication in this State: (a) makes any comment, request, suggestion, or proposal which is obscene, lewd, lascivious, filthy, or indecent; or (b) makes a telephone call, whether or not conversation ensues, without disclosing his identity and with intent to annoy, abuse, threaten, or harass any person at the called number; or (c) makes or causes the telephone of another repeatedly or continuously to ring, with intent to harass any person at the called number; or (d) makes repeated telephone calls, during which conversation ensues, solely to harass any person at the called number; or whoever knowingly permits any telephone under his control to be used for any purpose prohibited by this section shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 14, 1968. GEORGIA SURFACE MINING ACT OF 1968 No. 620 (House Bill No. 969). An Act to create the Surface Mined Land Use Board under the Department of Mines, Mining and Geology; to provide

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for a short title; to define the purpose of this Act; to define certain terms; to provide for the membership of the Board; to provide for their appointment and expenses; to provide for the powers and duties of the Board; to provide for the employment of certain agents and employees; to provide that operators comply with certain requirements; to provide for the substitution of mined areas; to provide for enforcement of this Act; to provide for the denial of licenses under certain conditions; to authorize the Board to promulgate reasonable rules and regulations; to provide for appeals; to provide for penalties; to provide for an exception; 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. Short Title . This Act shall be known and may be cited as the Georgia Surface Mining Act of 1968. Section 2. Purposes of Act: Department of Mines, Mining and Geology Designated as Agency to Administer Program . The purposes of this Act are: (1) to assist in achieving and maintaining an efficient and productive mining industry and increasing economic and other benefits attributable to mining; (2) to advance the protection of fish and wildlife and the protection and restoration of land, water and other resources affected by mining; (3) to assist in the reduction, elimination or counteracting of pollution or deterioration of land, water and air attributable to mining; (4) to encourage programs which will achieve comparable results in protecting, conserving and improving the usefulness of natural resources to the end that the most desirable conduct of mining and related operations may be universally facilitated;

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(5) to assist in efforts to facilitate the use of land and other resources affected by mining so that such use may be consistent with sound land use, public health and public safety, and to this end to study and recommend wherever desirable, techniques for the improvement, restoration or protection of such land and other resources. The Surface Mined Land Use Board created herein, which is hereby designated as an autonomous division of the Department of Mines, Mining and Geology, shall administer the provisions of this Act consistent with the above stated purposes. Section 3. Definitions . Unless clearly indicated otherwise by the context, the following terms when used in this Act, for the purpose of this Act, shall have the meanings respectively ascribed to them in this section: (a) Surface Mining means the mining of ores or mineral solids for sale or for processing or consumption in the regular operation of a business by removing the overburden lying above natural deposits thereof and mining directly from the natural deposits thereby exposed, or by mining directly from deposits lying exposed in their natural state. Removal of overburden and mining of limited amounts of any ores or mineral solids shall not be considered surface mining when done only for the purpose and to the extent necessary to determine the location, quantity, or quality of any natural deposit, so long as no ores or mineral solids removed during exploratory excavation or mining are sold, processed for sale, or consumed in the regular operation of a business. Tunnels, shafts, and dimension stone quarries, because of the low ratio of land distributed to values created by mining, shall not be considered to be surface mining. (b) Mineral means clay, stone, gravel, sand, phosphate, rock, metallic ore, and any other solid material or substance of commercial value found in natural deposits on or in the earth.

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(c) Affected Land means the area of land from which overburden has been removed or upon which overburden has been deposited or both. (d) Overburden means all of the earth and other materials which lie above natural deposits of ores or minerals, and includes all earth and other materials disturbed from their natural state in the process of urface mining. (e) Refuse means all waste material exclusive of overburden directly connected with the mining, cleaning and preparation of substances mined by surface mining. (f) Pit means a tract of land from which overburden has been or is being removed for the purpose of surface mining. (g) Spoil Bank means overburden removed from its natural position and deposited elsewhere in the process of surface mining. (h) Peak means a projecting point of overburden removed from its natural position and deposited elsewhere in the process of surface mining. (i) Ridge means a lengthened elevation of overburden removed from its natural position and deposited elsewhere in the process of surface mining. (j) Operator means any person, firm, partnership, association or corporation engaged in and controlling one or more surface mining operations. (k) Department means the Department of Mines, Mining and Geology. (l) Inspector means any authorized employee of the Surface Mined Land Use Board responsible for the administration or enforcement of this Act. (m) Board means Surface Mined Land Use Board.

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(n) Mined Land Use Plan means an operator's written proposal for accomplishing land use objectives on the affected land. It may include, but not be limited to, plans for grading, disposal of refuse, reclamation and revegetation, and the time of completion of the plan. (o) Reclamation means the reconditioning or rehabilitation of affected land under an approved Mined Land Use Plan. Section 4 . There is hereby created the Surface Mined Land Use Board which shall be composed of eleven (11) members to be appointed as follows: (1) A qualified forester to be appointed by the Governor from a list of two names submitted by the Georgia Forestry Commission. Board, members, etc. (2) A qualified geologist to be appointed by the Governor from a list of two names submitted by the Department of Mines, Mining and Geology. (3) A qualified wildlife biologist to be appointed by the Governor from a list of two names submitted by the State Game and Fish Commission. (4) A qualified water quality control engineer to be appointed by the Governor from a list of two names submitted by the Water Quality Control Board. (5) A qualified soil conservationist to be appointed by the Governor from a list of two names to be submitted by the State Soil and Water Conservation Committee. (6) One member actively engaged in the surface mining industry to be appointed by the Governor from a list of two names to be submitted by the Board of Directors of the Georgia State Chamber of Commerce. (7) Three members representing the various segments of the surface mining industry to be appointed by the

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Governor from a list of six names to be submitted by the Associated Industries of Georgia. The forester, geologist, wildlife biologist, water quality control engineer and soil conservationist appointees shall have at least two years experience within their respective fields and shall have been a resident of the State of Georgia for two years immediately preceding their appointment. The initial terms of office shall be three for one year, two for two years, two for three years and two for four years. The Governor shall designate the term of office for each person he appoints when making the initial appointments. Thereafter, all appointments shall be for four years. Vacancies for unexpired terms and expiration of terms shall be made in the same manner as original appointments. Members of the Board shall be eligible for reappointment. The Governor, within fifteen days after the approval date of this Act, shall request the organizations or departments concerned to forward their nominations to his office within fifteen days after receipt of such request. The Governor shall make the appointments within thirty days after receiving the nominations from the various organizations and departments. Thereafter, the secretary of the Board shall notify the organizations or departments concerned whenever a vacancy occurs and request them to forward their nominations to the Governor within fifteen days after notification and the Governor shall make such appointments within thirty days after receiving such nominations. In addition to the persons appointed by the Governor, the President of the Senate shall appoint one State Senator to the Board and the Speaker of the House of Representatives shall appoint one member of the House of Representatives to the Board. No person shall be eligible to remain on the Board as a legislative member unless he continues to serve in the General Assembly. The terms of office of the legislative members shall be two years each and they shall be eligible for reappointment. A majority of the membership of the Board shall constitute a quorum and a quorum may transact any business

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which may come before the Board. The Board shall elect a chairman and other officers at its first meeting in each calendar year. The members of the Board shall receive no compensation for their services but shall be entitled to receive actual expenses incurred in the performance of their duties. The legislative members of the Board shall receive their expenses from funds appropriated to or available to the legislative branch of the government. Section 5 . The Surface Mined Land Use Board shall have the following powers and duties: (a) to administer and enforce the provisions of this Act and all reasonable rules, regulations and orders promulgated thereunder; (b) to examine and pass upon license applications of operators; (c) to examine and pass upon Surface Mined Land Use Plans submitted by operators; Powers. (d) to make investigations and inspections; (e) to revoke licenses, deny renewals and forfeit bonds or cash of mine operators who refuse to carry out their plans of mined land use; (f) to collect information on surface mining and Mined Land Use Plans; (g) to collect, publish, and distribute information on mined land uses; (h) to accept monies that are available from government units and private organizations. (i) to conduct research studies of mined land uses;

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(j) to carry out land use projects on land where bonds or cash have been forfeited using funds available for such purposes; (k) to institute and prosecute all such court actions as may be necessary to obtain the enforcement of any order issued by the Board in carrying out the provisions of this Act; (1) to exercise all incidental powers necessary to carry out the purposes of this Act. The above and foregoing powers may be exercised and duties performed by the Board through such duly authorized agents and employees as it deems necessary and proper. Section 6 . Operators of surface mining firms shall be required: (a) to obtain a license from the Surface Mined Land Use Board each year. The application for the license will contain at least the following information: (1) Name and address of operator; (2) Description of affected land and number of acres involved during the year of the license applied for; (3) Number of workers the operator employs in the mining operation in this State; (4) Consent of the operator and/or owner as appropriate to enter the land to make necessary inspections. The fee for a license for any company with less than fifty mining employees shall be $100 annually. Companies with more than fifty mining employees shall be required to pay an annual license fee of $100 plus an additional $50 for each increment of fifty mining employees or fraction thereof. The maximum annual license fee shall not exceed $500. Licenses, etc. (b) to submit, with the application for a license, a Mined Land Use Plan which shall be consistent with the land use in the area of the mine and shall provide for reclamation of the affected land. Once approved, the operator will be responsible for completion of the plan. Once a Mined Land Use Plan has been approved for a specified area to

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be mined, it shall not have to be submitted annually with the application for a license renewal. However, any new area to be affected or any change in an approved plan must be submitted to the Board for approval as an amendment to an operator's Mined Land Use Plan. (c) to file a bond with the Board written by surety approved by the Board and authorized to transact business in this State. The bond shall be fixed by the Board in an amount not less than $100 nor more than $500 per acre, or fraction thereof, of the area of affected land. The bond shall be payable to the Governor and conditioned upon the faithful performance of the requirements set forth in this Act and the rules and regulations of the Board. Any operator who has fulfilled all of his obligations in accordance with his Mined Land Use Plan may be relieved of the bonding requirements imposed by this Act, after the expiration of three years, at the discretion of the Board. However, any operator who violates any of the provisions of this Act or the rules and regulations of the Board, or who defaults on his obligations under a present Mined Land Use Plan or any Mined Land Use Plan filed by him in the future, after being relieved of the bonding requirements imposed by this Act, may be required by the Board to post a new bond for such period of time as the Board may determine. Operators shall have the option of posting bond, government securities, cash or any combination thereof, on each mined area. In determining the amount of bond, government securities or cash within the above limits, the Board shall take into consideration the character and nature of the overburden, the future suitable use of the land involved and the cost of reclamation to be required. The bond, government securities or cash shall be held by the Board for a period of three years as provided hereinabove, at which time, the bond, government securities, or cash, or portion thereof, shall be terminated or returned to the operator upon approval by the Board. An operator, upon approval of an amended Mined Land Use Plan, shall file with the Board the appropriate bond, government securities or cash to cover the plan as amended.

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Section 7. An operator shall have the right to substitute an area mined in the past for an area presently being mined on an acre-for-acre basis with the approval of the Board. Mined areas. Section 8 . An operator whose license has been revoked pursuant to the provisions of this Act shall be denied a new license or a renewal of the old license to engage in surface mining until he gives assurance satisfactory to the Board of his ability and intent to fully comply with the provisions of this Act with respect to the affected land under the revoked license and the new or renewed license. Procedure when license revoked. Section 9 . The Board shall promulgate such rules and regulations as may be necessary to effectuate the provisions of this Act in accordance with the provisions of the Georgia Administrative Procedure Act approved March 10, 1964 (Ga. L. 1964, p. 338), as now or hereafter amended. Rules. Section 10 . Any person who is a party to a proceeding and who is aggrieved or adversely affected by any final order or action of the Board shall have the right to appeal to the Superior Court of Fulton County, Georgia. Such appeal shall be by petition which shall be filed in the office of the clerk of such court within thirty days after the final order or action of the Board. The enforcement of the order or action appealed from shall not be stayed unless so ordered and directed by the reviewing court. No bond or cash shall be forfeited during an appeal. Upon the filing of such petition, the petitioner shall serve a copy thereof on the chairman of the Board or the director of the Department of Mines, Mining and Geology in the manner prescribed by law for the service of process. Appeals. Section 11 . Any person who engages in surface mining in violation of the provisions of this Act or who willfully misrepresents any fact in any matter required by this Act or willfully gives false information in any application or report required by this Act shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $100 nor more than $1,000 for each offense. Each

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day of noncompliance after notification shall be considered a separate offense. Crimes. Section 12 . The provisions of this Act shall not apply to surface mining activities of the State Highway Department incident to its activities in constructing, repairing, and maintaining the public road system in Georgia. The provisions of this section shall also extend to any person, firm, or corporation contracting with the State Highway Department to construct, repair or maintain public roads; provided such contracts contain standards for the reclamation of the affected surface mining area and provided further that such standards have been approved by the Surface Mined Land Use Board. Exemptions. Section 13 . The provisions of this Act shall become effective on January 1, 1969, except the provisions relating to the appointment of the Board and the promulgation of rules and regulations which shall become effective when this Act is approved by the Governor. Effective date. Section 14 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 15, 1968. CORDELE JUDICIAL CIRCUITSALARY OF SOLICITOR-GENERAL. No. 621 (House Bill No. 1019). An Act to amend an Act placing the Solicitor General of the Cordele Judicial Circuit upon an annual salary, approved March 2, 1966 (Ga. L. 1966, p. 110), so as to change the salary of the Solicitor General; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Solicitor General of the

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Cordele Judicial Circuit upon an annual salary, approved March 2, 1966 (Ga. L. 1966, p. 110), is hereby amended by striking section 2 in its entirety and inserting in lieu thereof a new section 2 to read as follows: Section 2. The Solicitor General of the Cordele Judicial Circuit shall receive an annual salary of $11,700.00, payable from the funds of the counties comprising the Cordele Judicial Circuit in the following manner: Crisp County, $4,100.00; Ben Hill County, $3,100.00; Dooly County, $2,700.00; and Wilcox County, $1,800.00. Salary. Said counties shall pay their proportionate share of the annual salary provided for herein in equal monthly installments from their respective funds. Section 2. The salary provided for in this Act shall be effective for the calendar year 1968 and for each year thereafter. Effective date. Section 3. 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 at the regular 1968 session of the General Assembly of Georgia a bill to change the compensation of the Solicitor General of the Cordele Judicial Circuit; and for other purposes. /s/ Norman B. Doster Representative, 73rd District 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

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in The Wilcox County Chronicle which is the official organ of Wilcox County, on the following dates: December 28, 1967, January 4th and 11th, 1968. /s/ Norman B. Doster Representative, 73rd District Sworn to and subscribed before me, this 16th day of January, 1968. /s/ Pamela A. McIntyre, Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Notice of Local Legislation. Notice is hereby given that there will be introduced at the regular session of the General Assembly of Georgia a bill to change the compensation of the Solicitor General of the Cordele Judicial Circuit; and for other purposes. /s/ Howard H. Rainey Representative, 69th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Howard H. 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 28, 1967 and January 4th and 11th, 1968. /s/ Howard H. Rainey Representative, 69th District

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Sworn to and subscribed before me, this 16th day of January, 1968. /s/ Pamela A. McIntyre, Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Notice of Local Legislation. Notice is hereby given that there will be introduced at the regular 1968 session of the General Assembly of Georgia a bill to change the compensation of the Solicitor General of the Cordele Judicial Circuit; and for other purposes. /s/ Rooney L. Bowen Representative, 69th District 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 21, 28, 1967 and January 4, 1968. /s/ Rooney L. Bowen Representative, 69th District Sworn to and subscribed before me, this 16th day of January, 1968. /s/ Pamela A. McIntyre, Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal).

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Notice of Local Legislation. Notice is hereby given that there will be introduced at the regular 1968 session of the General Assembly of Georgia a bill to change the compensation of the Solicitor General of the Cordele Judicial Circuit; and for other purposes. /s/ A. B. C. Dorminy, Jr. Representative, 72nd District 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 Fitzgerald Herald and Leader which is the official organ of Ben Hill County, on the following dates: December 28, 1967 and January 4, and 11th, 1968. /s/ A. B. C. Dorminy, Jr. Representative, 72nd District Sworn to and subscribed before me, this 16th day of January, 1968. /s/ Pamela A. McIntyre, Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved February 15, 1968. USED CAR DEALERS' REGISTRATION ACT AMENDED. No. 624 (House Bill No. 898). An Act to amend an Act creating a State Board of Registration for Used Car Dealers, approved February 20, 1958

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(Ga. L. 1958, p. 55), as amended by an Act approved March 9, 1960 (Ga. L. 1960, p. 801), an Act approved March 17, 1960 (Ga. L. 1960, p. 980), and an Act approved February 26, 1962 (Ga. L. 1962, p. 115), so as to change the definition of the terms Established Place of Business and Used Car Dealer; to clarify the meaning of Used Motor Vehicle Dealer; to provide for keeping records; to provide that it shall be unlawful to wilfully fail to keep records as required by this Act; to change the provisions relating to the State Board of Registration of Used Car Dealers; to limit the number of personnel which may be employed by the Board; to change the provisions relating to suspension of revocation of licenses; to change the provisions relating to renewal of licenses; to provide that applications for licenses shall be accompanied by information showing that the applicant has applied for a Sales Tax Number Certificate; to provide for dealer's registration plates; to provide for licensing and regulation by political subdivisions; to provide for the application of this Act; to provide that the funds to operate said Board shall not exceed a certain amount; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a State Board of Registration for Used Car Dealers, approved February 20, 1958 (Ga. L. 1958, p. 55), as amended by an Act approved March 9, 1960 (Ga. L. 1960, p. 801), an Act approved March 17, 1960 (Ga. L. 1960, p. 980), and an Act approved February 26, 1962 (Ga. L. 1962, p. 115), is hereby amended by striking subsection (c) of section 2 in its entirety and inserting in lieu thereof a new subsection (c) to read as follows: (c)`Used car dealer, retail or wholesale' means any person, firm, association, or corporation engaged in the business of buying, selling, trading, insuring, financing, soliciting, offering, displaying, or advertising the sale of used motor vehicles but shall not include anyone who holds a franchise from a manufacturer of motor vehicles, or is a direct dealer of a manufacturer, even though such franchised motor vehicle dealer shall buy, sell and otherwise

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deal in used motor vehicles, as well as new ones in the course of his business. Definitions. The term `used motor vehicle dealer' does not include: (1) Franchised motor vehicle dealer as above defined, or is a direct dealer of a manufacturer; or (2) Receivers, trustees, administrators, executors, guardians, or other persons appointed by or acting under the judgment or order of any court; or (3) Public officers while performing their official duties; or (4) Persons disposing of motor vehicles acquired for their own use and actually so used, when the same shall have been acquired and used in good faith and not for the purpose of avoiding the provisions of this article; or (5) Finance companies and banking institutions who shall sell repossessed motor vehicles; or (6) Insurance companies who sell motor vehicles to which they have taken title as an incident of payments made under policies of insurance; or (7) Persons, firms or corporations engaged in the business of renting or leasing motor vehicles; or (8) Persons, firms or corporations who act as agents for insurance companies for the purpose of soliciting insurance for motor vehicles; or (9) Persons, firms, or corporations engaged in a business other than as a used car dealer as defined above who sell motor vehicles traded in as a part of the purchase price of an article other than a motor vehicle, and which has not been acquired by direct purchase for cash, and not for the purpose of violating this article; or

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(10) Persons, firms or corporations engaged in a business of conducting automobile auctions wherein title is required merely for the purpose of resale at said auction. Section 2. Said Act is further amended by striking from subsection (d) of section 2 the following: ,devoted entirely to the business of a used motor vehicle dealer, so that when so amended subsection (d) of section 2 shall read as follows: (d) `Established place of business' shall be applicable only to retail used car dealers and means a salesroom or sales office in a permanent building or on an open lot at which a permanent business of bartering, trading and selling of used motor vehicles will be carried on as such in good faith. Used car dealers, wholesale and retail, shall keep and maintain the books, records and files necessary to conduct the business as herein defined. Established place of business. Section 3. Said Act is further amended by adding a new paragraph at the end of section 3 to read as follows: It shall be unlawful for any used car dealer to wilfully fail to keep the records required to be kept by this Act, as herein provided., so that when so amended section 3 shall read as follows: Section 3. It shall be unlawful for any used car dealer to do business in this State without first registering and obtaining a license from the State Board of Registration of Used Car Dealers as hereinafter provided. Records. It shall be unlawful for any used car dealer to wilfully fail to keep the records required to be kept by this Act, as herein provided. Section 4. Said Act is further amended by striking section 4 in its entirety and inserting in lieu thereof a new section 4 to read as follows:

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Section 4. There is hereby created a State Board of Registration of Used Car Dealers which shall be composed of Ten (10) members appointed by the Governor, one from each Congressional District, with the approval of the Secretary of State, for terms of Five (5) years. The original terms shall be made as follows: Two (2) members for a term of Five (5) years; Two (2) members for a term of Four (4) years; Two (2) members for a term of Three (3) years; Two (2) members for a term of Two (2) years and Two (2) members for a term of One (1) year, and until their successors are appointed and qualified. Said terms are to be staggered so that Two (2) new members of the Board will be appointed each year. All members shall be residents of the State of Georgia. A majority of such members shall be used car dealers and Four (4) members shall not be used car dealers. Any vacancies on the Board shall be filled by appointment by the Governor, with the approval of the Secretary of State, for the remainder of the unexpired term. One of the members of the Board shall be elected Chairman annually for a term of One (1) year. Board. Section 5. Said Act is further amended by striking subsection (c) of section 7 in its entirety and inserting in lieu thereof a new subsection (c) to read as follows: Employees. (c) To employ such personnel, not exceeding five (5) in number, as may be necessary to enforce the provisions of this Act, and to otherwise perform the duties imposed upon it by this Act. Section 6. Said Act is further amended by striking subsection (o) of section 11 in its entirety and inserting in lieu thereof a new subsection (o), to read as follows: (o) Violating or attempting to violate, directly or indirectly, or assisting in or abetting the violation of or conspiring to violate any of the provisions of this Act, including but not limited to (1) the failure to maintain the certificate of registration required by section 8 (e) and (2) the failure to keep records required by this Act; or Crimes. Section 7. Said Act is further amended by striking subsection (b) of section 8 in its entirety and inserting in lieu thereof a new subsection (b) to read as follows:

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(b) The Board shall not issue or renew any retail used car dealer's license unless the applicant or holder thereof shall show that he maintains an established place of business as defined by this Act. Licenses. Section 8. Said Act is further amended by adding to section 8 a new subsection to be designated subsection (e) to read as follows: (e) Each application for a license shall also show that the used car dealers has obtained, or has applied for, a Certificate of Registration, State Revenue Department Form ST-2, commonly known as a Sales Tax Number Certificate. The Board shall not renew any license unless the applicant or holder thereof shall show that he maintains a Certificate of Registration, State Revenue Form ST-2, under the provisions of the laws of the State providing for issuance of such certificates. Applications for licenses. Section 9. Said Act is further amended by striking section 13 in its entirety and inserting in lieu thereof a new section 13 to read as follows: Section 13. As otherwise provided by law, every used car dealer doing business within the State shall register with the State Revenue Commissioner, making application for a distinguishing dealer's registration plate. No used car dealer not licensed under the provisions of this Act shall be entitled to receive or use any dealer's registration plates for motor vehicles under the provisions of the motor vehicle laws of the State providing for the issuance of such plates. Dealers registration plates. Section 10. Said Act is further amended by striking section 15 in its entirety and inserting in lieu thereof a new section 15 to read as follows: Section 15. Nothing in this Act shall prohibit any lawful regulation or licensing of used car dealers by any city, county or other political subdivision of this State: provided, however, that no such political subdivision shall license any used car dealer required to be registered by this

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Act, unless such dealer is or has made provisions or application to become licensed under this Act. City and county licenses. Section 11. Said Act is further amended by striking section 16 which reads as follows: Section 16. The provisions of this Act shall be applicable only to used car dealers whose place of business is in counties which have a population of Fifty (50,000) Thousand or greater according to the 1950 United States Census or any future census. Provided, further, the provisions of this Act shall likewise be applicable in all counties having a population of not less than Fourteen Thousand, Five Hundred (14,500) nor more than Fourteen Thousand, Nine Hundred (14,900) according to the 1960 census or any future census., Repealed. in its entirety and inserting in lieu thereof a new section 16 to read as follows: Section 16. Records to be kept . Every licensee shall maintain for Three (3) years and have available at all times for inspection a record of: 1. Every vehicle acquired or received by him, its description or any of its identifying numbers, the date of its receipt or acquisition and the full name, addresses and driver's license number or social security number of the person from whom received or acquired; and 2. Every vehicle or vehicle body disposed of by him, its description and any identifying numbers, the date of its disposition and the name, addresses, driver's license number or social security number of the person to whom disposed; and 3. Any other records which the Board may reasonably require to protect the public, as relating to the used car dealer's method of operation and personnel employed. Section 12. Said Act is further amended by adding immediately after section 16 a new section to be designated as section 16A to read as follows:

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Section 16A. There shall not be available for the operation of the State Board of Registration for Used Car Dealers a sum which shall exceed the aggregate total of all fees paid to the Board under the provisions of this Act for the immediately preceding fiscal year. Appropriations. Section 13. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 20, 1968. MOTOR VEHICLESLOAD AND SIZE LIMITATIONS. No. 627 (House Bill No. 992). An Act to amend an Act governing and regulating the use of the public roads and highways in this State, approved March 27, 1941 (Ga. L. 1941, p. 449), as amended, by an Act approved February 21, 1951 (Ga. L. 1951, p. 772), an Act approved March 3, 1955 (Ga. L. 1955, p. 392), an Act approved February 13, 1956 (Ga. L. 1956, p. 83), an Act approved February 4, 1959 (Ga. L. 1959, p. 27), an Act approved February 17, 1964 (Ga. L. 1964, p. 83), and an Act approved March 12, 1965 (Ga. L. 1965, p. 206), so as to provide that loads of poles, logs, pilings, lumber, structural steel, timber structural members, piping, timber, and pre-stressed and pre-cast concrete may exceed the length fixed by this Act without requiring a special permit, but a special permit shall be required if the total length of vehicle and load exceeds seventy-five (75) feet; to remove the provision authorizing vehicles owned by a contractor who has a contract with the State Highway Department to exceed the weight and length limitations when used in connection with such contract without the necessity of obtaining a special permit; to provide a schedule of fees for excess dimensions, length and weight permits; to provide for annual permits under a schedule of fees for motor vehicles exceeding certain lengths while

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transporting poles and pilings from the woods to the processing plant and motor vehicles transporting poles for utility companies; to provide that special permits may be issued for oversized vehicles on application to the State Highway Department; to provide that such permits may be issued without specifying license plates numbers in order that permits may be interchanged from vehicle to vehicle; to provide that State Highway Department may promulgate reasonable rules and regulations which are necessary or desirable governing the issuance of such permits, provided such rules and regulations are not in conflict with this Act and other provisions of law; so as to eliminate the authority of the Public Service Commission to issue special permits for the operation of motor vehicles exceeding certain lengths, and to reduce the hauling of timber, lumber and piling by motor vehicles from the forest where cut to the owner's place of business, plant, plantation or residence within the county where originally cut or the adjoining county to 23,000 pounds per axle load and to 75,000 pounds maximum gross load; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act governing and regulating the use of the public roads and highways in this State, approved March 27, 1941 (Ga. L. 1941, p. 449), as amended, by an Act approved February 21, 1951 (Ga. L. 1951, p. 772), an Act approved March 3, 1955 (Ga. L. 1955, p. 392), an Act approved February 13, 1956 (Ga. L. 1956, p. 83), an Act approved February 4, 1959 (Ga. L. 1959, p. 27), an Act approved February 17, 1964 (Ga. L. 1964, p. 83), and an Act approved March 12, 1965 (Ga. L. 1965, p. 206), 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. (a) No vehicle shall exceed a total outside width, including load thereon, of ninety-six (96) inches, not including mirrors and accessories attached thereto; no vehicle unladen or with load shall exceed a height of thirteen (13) feet, six (6) inches; no vehicle or combination of vehicles shall exceed a total length of fifty-five (55) feet;

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single trip movements for necessary purposes of materials, objects or vehicles of dimensions which exceed the limits herein provided and which are of such nature that they cannot be readily dismantled or separated may be permitted but only upon the issuance of a special permit for such purpose, for a fee determined by the scale in Subsection (d); provided, that farming or agricultural equipment or forest management equipment, except vehicles hauling forest products, whether self-propelled or being hauled, may exceed the width or length herein fixed without requiring a special permit when such vehicle is being operated upon a public road or public highway during daylight hours, by the owner thereof or his agent, within a radius of forty (40) miles of the property of the owner, except on any highway comprising a portion of the National System of Interstate and Defense Highways. Provided, further, that loads of poles, logs, pilings, lumber, structural steel, timber, structural members, piping, and pre-stressed and pre-cast concrete may exceed the length herein fixed without requiring a special permit, but a special permit shall be required if the total length of vehicle and loads exceeds seventy-five (75) feet. Also further provided that vehicles transporting motor vehicles (commonly known as automobile carriers), may exceed the length herein fixed, but the total length of vehicle and load shall not exceed sixty (60) feet. (b) No wheel on any vehicle operated upon any public road or public highway of this State, equipped with high pressure, pneumatic, solid rubber or cushion tires shall carry a load which exceeds eight thousands (8,000) pounds by more than thirteen (13) per cent, or an axle load which exceeds sixteen thousand (16,000) pounds by more than thirteen (13) per cent; no wheel equipped with low pressure pneumatic tires shall carry a load which exceeds nine thousand (9,000) pounds by more than thirteen (13) per cent, or any axle load which exceeds eighteen thousand (18,000) pounds by more than thirteen (13) per cent; an axle load shall be defined as the total load on all wheels whose centers may be included between two (2) parallel transverse vertical planes forty (40) inches apart. If the driver of any vehicle can comply with the requirements of this Section by shifting or equalizing the load on all wheels

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or axles and does so when requested by the proper authority, said driver shall not be held to be operating in violation of this section. (c) Provided however: (i) that the maximum total gross weight shall not exceed seventy-three thousand two hundred eighty (73,280) pounds; (ii) that on roads constructed under the Rural Road Authority this maximum total gross weight shall not exceed fifty-six (56) thousand (56,000) pounds unless the vehicle is making a pickup or delivery on such roads. Provided further, that no officer or employee shall grant, authorize, or allow any length, height or weight in excess of the limitations herein provided (except by special permit as defined in this Act) in any manner whatsoever. It shall be the duty of the Department of Public Safety and of all other law enforcement officers to enforce this section. (d) Charges for the issuance of special permits shall be made as follows: (1) Mobile homes and boats (single trip permits only): (a) Up to and including twelve (12) feet wide, seventy-five feet long $ 2.50 (b) Boats in excess of twelve (12) feet wide $20.00 (c) Mobile homes in excess of seventy-five (75) feet long $20.00 (2) Twelve (12) month permit on mobile homes and boats up to and including twelve (12) feet wide, seventy-five (75) feet long$25.00 (3) Heavy equipment (single trip permits only):

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(a) Over on only one of the following limitations, weight, length, height, width $ 2.50 (b) Over more than one of the above limitations $ 5.00 (4) Twelve (12) month permit on heavy equipment: (a) Overweight $50.00 (b) Overlength $25.00 (c) Overwidth $25.00 (5) Miscellaneous (single trip permits only): (a) Houses $10.00 (b) Off-the-road equipment $ 2.50 (c) Timber, structural members, poles and piling over seventy-five (75) feet long $ 2.50 (d) Other oversized equipment not herein specified $20.00 (e) In addition to the single trip permits as defined in paragraph (a) above, annual permits for motor vehicles exceeding the seventy-five (75) foot limitation, provided for in Section 1 (a) of this Act, may be secured for motor vehicles transporting poles and pilings from the woods to the processing plant (for the purpose of this Act, `processing plants' is hereby defined as a business or activity engaged in the treating, preserving and manufacturing of poles and pilings for commercial purposes) and motor vehicles transporting poles for utility companies when such poles cannot be readily dismantled or separated. Charges for the issuance of the annual permits shall be $25.00 per vehicle. Permits specified in this Act shall be issued on application to the State Highway Department to persons, firms or

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corporations without specifying license plate numbers in order that such permits which are issued on an annual basis may be interchanged from vehicle to vehicle; provided, however, that all such permits shall be carried in the vehicle to be valid. The State Highway Department is hereby authorized to promulgate reasonable rules and regulations which are necessary or desirable governing the issuance of such permits; provided such rules and regulations are not in conflict with the provisions of this Act and other provisions of law. This subsection shall not be applicable to persons, firms or corporations transporting forest products not herein specified in Subsection (e) hereof. The provisions of this section (Section 1) shall become effective May 1, 1968. Section 2. That section 3 of the Act governing and regulating the use of public roads and highways of this State, approved March 27, 1941 (Ga. L. 1941, p. 449), as amended, shall be amended further by a new section 3 to provide: Motor vehicles or combination of vehicles hauling forest products from the forest where cut to the owner's place of business, plant, plantation or residence within the county where originally cut or the adjoining county shall not exceed an axle load of 23,000 pounds. Such vehicles shall not exceed a maximum gross load of 75,000 pounds. Every vehicle using the highways at night shall be equipped with lights clearly visible for a distance of not less than three hundred (300) feet from the front and rear thereof. Forest products Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 21, 1968.

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REAPPORTIONMENT OF SENATE. Code 47-102 Amended. No. 630 (Senate Bill No. 207). An Act to amend Code Section 47-102, relating to State Senatorial Districts, as amended, particularly by an Act approved March 29, 1967 (Ga. L. 1967, p. 159), so as to change the descriptions and composition of certain Senatorial Districts; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 47-102, relating to State Senatorial Districts, as amended, particularly by an Act approved March 29, 1967 (Ga. L. 1967, p. 159), is hereby amended by striking the provisions relating to Districts 1, 2, 3, 4, 5, 15, 16, 26, 27, 41, 42, 43, 44, 45, and 55, and inserting in lieu thereof new provisions for said Districts as follows: 1. That portion of Chatham County, more particularly described as follows: All that land starting from a point 85' northeast of the projection of the centerline of Bull Street; then in a southerly direction along the centerline of Bull Street to its intersection with the centerline of Victory Drive; then in an easterly direction along the centerline of Victory Drive to its intersection with the centerline of Waters Avenue; then in a southerly direction along the centerline of Waters Avenue to its intersection with the centerline of 52nd Street; then in an easterly direction along the centerline of 52nd Street to its intersection with the centerline of Bee Road; then continuing easterly and southeasterly along the centerline of Bee Road to its intersection with the centerline of Skidaway Road; then in a southerly direction along the centerline of Skidaway Road to its intersection with the centerline of De Renne Avenue; then in a westerly direction along the centerline of De Renne to its intersection

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with the centerline of Waters Avenue; then in a southerly direction along the centerline of Waters Avenue to its intersection with the centerline of Montgomery Cross Road; then in an easterly direction along the centerline of Montgomery Cross Road to its intersection with the centerline of the Vernon River (Hayners Creek Bridge); then in a southerly direction along the centerline of the Vernon River to a point where Dutchtown Road, as projected eastwardly, would intersect such centerline of the Vernon River; then westerly along such projection of the Dutchtown Road to its intersection with the centerline of the White Bluff Road; then southerly along the centerline of the White Bluff Road to its intersection with the centerline of Willow Road; then westerly along the centerline of Willow Road to its intersection with the centerline of Stillwood Road; then southerly along the centerline of Stillwood Road to its intersection with the centerline of Arlington Road; then westerly along the centerline of Arlington Road to its intersection with the centerline of Largo Drive; then northerly along the centerline of Largo Drive to its intersection with the centerline of Abercorn Expressway Road; then westerly along the centerline of Abercorn Expressway Road to its intersection with the centerline of the Forest River; then northerly along the centerline of the Forest River to its intersection with the southern boundary line of Hunter Army Air Base; then westerly and northwesterly along the southern boundary line of Hunter Army Air Base to its intersection with the southeastern right of way of the Atlantic Coast Line Rail Road; then running northeasterly along said southeastern line of the right of way of the Atlantic Coast Line Rail Road to its intersection with the centerline of 52nd Street extended; then in a westerly direction along the centerline of 52nd Street extended to the Savannah corporate limit line; then in a northwesterly direction along the corporate limit line of the City of Savannah to its intersection with the centerline of Stiles Avenue; then in a northeasterly direction along the centerline of Stiles Avenue to its intersection with the centerline of Louisville Road; then in a westerly direction along the centerline of Louisville Road to its intersection with the centerline of Lathrop Avenue East; then in a northerly direction along the centerline of

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Lathrop Avenue East to its intersection with the corporate limit line of the City of Savannah; then in a northeasterly direction along the corporate limit line of the City of Savannah to a point 85' northeast of the projection of the centerline of Bull Street. 2. That portion of Chatham County, more particularly described as follows: All that area bounded on the north starting from a point 85' northeast of the projection of the centerline of Bull Street; then in a northeasterly direction along the centerline of the corporate limit line projected to the county limit line; then along the county limit line along the Back River to the northeasterly tip of Elba Island; then in a southwesterly direction along the centerline of the Savannah River to its intersection with the projection of the centerline of the South Channel; then in a southeasterly direction along the centerline of the South Channel to its intersection with the projection of the centerline of the Wilmington River; then in a southwesterly direction along the centerline of the Wilmington River to its intersection with the projection of the northern line of the corporate limits of the town of Thunderbolt; then in a westerly direction along said northern line and in a southerly direction and in an easterly direction along the contour of the line representing the corporate limits of the town of Thunderbolt to a point where the southern line of the corporate limits of the town of Thunderbolt projected again intersects with the centerline of the Wilmington River; then in an easterly direction along the centerline of the Wilmington River to its intersection with the projection of the centerline of the Herb River; then in a southwesterly direction along the centerline of the Herb River to its intersection with the centerline of Skidaway Road and its junction with the northern extremity of Shipyard Creek; then in a southerly direction along the centerline of Shipyard Creek to a point where Bethesda Road, as projected easterly, intersects with the centerline of Shipyard Creek; then westerly along such eastern projection of Bethesda Road to its intersection with the centerline of Bethesda Road at Ferguson Avenue; then westerly along the centerline of Bethesda Road to its intersection

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with the centerline of Whitfield Avenue; then westerly along the western projection of the centerline of Bethesda Road to a point where such westerly projection intersects with the centerline of the Vernon River; then northerly, westerly and again northerly along the centerline of the Vernon River to its intersection with the centerline of Montgomery Cross Road (Hayners Creek Bridge); then westerly along the centerline of Montgomery Cross Road to its intersection with the centerline of Waters Avenue; then northerly along the centerline of Waters Avenue to its intersection with the centerline of De Renne Avenue; then easterly along the centerline of De Renne Avenue to its intersection with the centerline of Skidaway Road; then northerly along the centerline of Skidaway Road to its intersection with the centerline of Bee Road; then northwesterly and westerly along the centerline of Bee Road to its intersection with the centerline of 52nd Street; then westerly along the centerline of 52nd Street to its intersection with the centerline of Waters Avenue; then northerly along the centerline of Waters Avenue to its intersection with the centerline of Victory Drive; then westerly along the centerline of Victory Drive to its intersection with the centerline of Bull Street; then northerly along the centerline of Bull Street to its intersection with the corporate limit line of the City of Savannah. 3. Bryan, Effingham and that portion of Chatham County, more particularly described as follows: All that land inside the county limit line of Chatham County and not included in Districts One and Two. 4. Bulloch, Candler, Evans, Screven and Tattnall. 5. Glynn, Liberty, Long and McIntosh. 15. That portion of Muscogee County, more particularly described as follows: That area south of a point where the centerline of 17th Street intersects the Chattahoochee River and running thence in an easterly direction along the centerline of said

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17th Street to the centerline of Dell Drive and running thence south along the centerline of Dell Drive to the south line of Macon Road and running thence in an easterly direction along the south line of said Macon Road to the boundary line of the Fort Benning Military Reservation, and thence easterly along the said Reservation line to the east line of said county. 16. That portion of Muscogee County, more particularly described as follows: That area north of a point where the centerline of 17th Street intersects the Chattahoochee River and running thence in an easterly direction along the centerline of said 17th Street to the centerline of Dell Drive and running thence south along the centerline of Dell Drive to the south line of Macon Road and running thence in an easterly direction along the south line of said Macon Road to the boundary line of the Fort Benning Military Reservation, and thence easterly along the said Reservation line to the east line of Muscogee County. 26. Jones and that portion of Bibb County, more particularly described as follows: All that portion of Bibb County lying east and north of a line commencing at a point on the centerline of Houston Road (U. S. Highway 41) at the Bibb-Peach-Houston county line; then extending northeasterly along the centerline of Houston Road, then of Houston Avenue and then of Broadway to the intersection of the centerlines of Broadway and Edgewood Avenue; then extending northwesterly along the centerline of Edgewood Avenue to the centerline of Linden Avenue; then extending northeasterly along the centerline of Linden Avenue and along an extension thereof northeasterly across the Central of Georgia Railroad right-of-way to the centerline of Frank's Alley; then extending northeasterly along the centerline of Frank's Alley and then along an extension thereof northeasterly across Hardeman Avenue to the centerline of Northwest Boundary Street; then extending northeasterly along the centerline of Northwest Boundary Street and along an extension

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thereof northeasterly across Riverside Drive and Riverside Cemetery to the center of the Ocmulgee River; then extending along the center of said Ocmulgee River in a generally northerly direction to a point on an extension northeasterly of the centerline of North Forest Avenue; then extending southwesterly along said extension of said North Forest Avenue and then along the centerline of North Forest Avenue to the centerline of Riverside Drive; then extending northwesterly along the centerline of Riverside Drive to the centerline of Ingleside Avenue; then extending southwesterly and then westerly along the centerline of Ingleside Avenue to the centerline of Ridge Avenue; then extending northwesterly along the centerline of Ridge Avenue to the centerline of Tyrone Boulevard; then extending southwesterly along the centerline of Tyrone Boulevard to the centerline of Vineville Avenue; then extending northwesterly along the centerline of Vineville Avenue and then along the centerline of Forsyth Road to the Bibb-Monroe county line. Provided, however, the above shall not include voting precincts number 2 (Rutland) and number 4 (Godfrey) as such precincts are recorded in the Court of Ordinary, Bibb County, in Minute Book QQQ, page 260, filed October 17, 1962. 27. That portion of Bibb County, more particularly described as follows: All that portion of Bibb County lying west and south of a line commencing at a point on the centerline of Houston Road (U. S. Highway 41) at the Bibb-Peach-Houston county line; then extending northeasterly along the centerline of Houston Road, then of Houston Avenue and then of Broadway to the intersection of the centerlines of Broadway and Edgewood Avenue; then extending northwesterly along the centerline of Edgewood Avenue to the centerline of Linden Avenue; then extending northwesterly along the centerline of Linden Avenue and along an extension thereof northeasterly across the Central of Georgia Railroad right-of-way to the centerline of Frank's Alley; then extending northeasterly along the centerline of Frank's Alley and then along an extension thereof northeasterly across Hardeman Avenue to the centerline of Northwest Boundary

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Street; then extending northeasterly along the centerline of Northwest Boundary Street and along an extension thereof northeasterly across Riverside Drive and Riverside Cemetery to the center of the Ocmulgee River; then extending along the center of said Ocmulgee River in a generally northerly direction to a point on an extension northeasterly of the centerline of North Forest Avenue; then extending southwesterly along said extension of said North Forest Avenue and then along the centerline of North Forest Avenue to the centerline of Riverside Drive; then extending northwesterly along the centerline of Riverside Drive to the centerline of Ingleside Avenue; then extending southwesterly and then westerly along the centerline of Ingleside Avenue to the centerline of Ridge Avenue; then extending northwesterly along the centerline of Ridge Avenue to the centerline of Tyrone Boulevard; then extending southwesterly along the centerline of Tyrone Boulevard to the centerline of Vineville Avenue; then extending northwesterly along the centerline of Vineville Avenue and then along the centerline of Forsyth Road to the Bibb-Monroe county line. Provided, however, that this District shall also include voting precincts number 2 (Rutland) and number 4 (Godfrey) as such precincts are recorded in the Court of Ordinary, Bibb County, in Minute Book QQQ, page 260, filed October 17, 1962. 41. That portion of DeKalb County contained in the following election districts as such election districts existed on November 8, 1966: Shallowford, Montgomery, Huntley Hills, Doraville, Jim Cherry, Chamblee, South Chamblee, Warren, Brookhaven, Skyland, Hawthorne, Henderson, Tucker, Woodward, Sagamore, Briar Lake, Laurel Ridge, Rehoboth. 42. That portion of DeKalb County contained in the following election districts as such election districts existed on November 8, 1966: Johnson Estates A, Kittredge, W. D. Thomson, Johnson Estates B, Emory, Medlock, Fernbank, Ponce de Leon, Glenwood-Decatur, Edgewood B, Edgewood C, Edgewood A, North Kirkwood. 43. That portion of DeKalb County contained in the following election districts as such election districts existed

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on November 8, 1966: South Kirkwood, Eastlake, Knollwood, East Atlanta, Parkview, Skyhaven, Terry Mill, Leslie J. Steele, Toney, Wadsworth, Gresham Park, Cedar Grove, Southwest DeKalb, McWilliams, Phillips. 44. Clayton and Henry. 45. Jasper, Morgan, Newton, Putnam, Rockdale and Walton. 55. That portion of DeKalb County contained in the following election districts as such election districts existed on November 8, 1966: Clarkston, Stone Mountain, Scottdale, Pine Lake, Oakhurst, Winnona, College Heights (including A and B), Hooper Alexander, Avondale, Midway, Evans B, Evans A, Redan, Diamonds, Lithonia. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 23, 1968. SPECIAL MOTOR VEHICLE LICENSE PLATES TO OPERATORS OF CITIZENS BAND RADIO STATIONS. No. 634 (House Bill No. 932). An Act to provide for the issuance by the State Revenue Commissioner of special license tags to motor vehicle owners who operate citizens' band radio stations; to provide the procedure connected therewith; to repeal conflicting laws; and for other purposes. Whereas, due to the state of affairs of international proportions which now exists with the resulting need for communications for civilian defense purposes; and

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Whereas, citizens' band radio stations have been directly instrumental in the dissemination of information resulting in the saving of many lives and property at times when regular communication facilities have been disrupted; and Whereas, there are approximately 10,000 licensed citizens' band radio stations in Georgia which are ready and equipped at their own expense to respond in any emergency; and Whereas, a distinctive automobile tag would prove of great aid to the State Highway Patrol, other local law enforcement officers, the Red Cross, civil defense officials and the National Guard in locating these citizens' band radio stations operators in time of public or private need. Now, therefore, be it enacted by the General Assembly of Georgia: Section 1. Owners of motor vehicles who are residents of the State of Georgia and who hold an unrevoked and unexpired official citizens' band radio station license issued by the Federal Communications Commission, upon application, accompanied by proof of ownership of such license, and upon full compliance with the state motor vehicle laws in relation to registration and licensing of motor vehicles, and upon the payment of such additional fee as may be prescribed by the State Revenue Commissioner, shall be issued a license plate for private passenger cars upon which shall be inscribed the official citizens' band radio call letters of such applicant as assigned by the Federal Communications Commission. Special license plates. Section 2. The State Revenue Commissioner shall, on or before the first day of March in each year, furnish to the sheriff of each county in the State of Georgia an alphabetical arrangement of the list of names, addresses and license tag letters of each person to whom a license tag is issued under the provisions of this Act. It shall be the duty of the sheriffs of the state to maintain and to keep current such list for public information and inquiry. List for sheriffs.

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Section 3. The State Revenue Commissioner shall make such rules and regulations as are necessary to carry out the provisions of this Act. Rules. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 28, 1968. ATLANTA JUDICIAL CIRCUITSALARIES OF ASSISTANT SOLICITORS-GENERAL. No. 638 (House Bill No. 1158). An Act to amend an Act abolishing the fee system in the Superior Court of 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), and an Act approved February 2, 1966 (Ga. L. 1966, p. 3), 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 provide limitations upon pension benefits payable to the first assistant solicitor-general and trial assistant solicitors-general upon retirement; 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 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.

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179), an Act approved April 5, 1965 (Ga. L. 1965, p. 529), and an Act approved February 2, 1966 (Ga. L. 1966, p. 3) is hereby amended by changing the salary ranges in the second paragraph of said section to not less than $13,000.00 nor more than $16,000.00 per annum for the first assistant solicitor-general prior to January 1, 1969, and not more than $17,000.00 from and after said date, and not less than $8,400.00 nor more than $15,000.00 per annum for the other assistant solicitors-general prior to January 1, 1969, and not more than $16,000.00 from and after said date, so that when amended said second paragraph shall read as follows: The salary of the first assistant solicitor-general shall be fixed by and in the discretion of the solicitor-general of the Atlanta Judicial Circuit at not less than $13,000.00 nor more than $16,000.00 per annum prior to January 1, 1969, and not more than $17,000.00 from and after said date, 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 $15,000.00 per annum, prior to January 1, 1969, and not more than $16,000.00 from and after said date, 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 and the funds therefor to be provided in the same manner as the other operating expenses of said court. Salaries. Section 2. The increased compensation provided by this statute shall not operate to increase the amount of pension payable upon retirement to the first assistant solicitor-general beyond that amount which such officer would have received had his salary been limited to $15,000.00 per annum in lieu of the increased amounts provided herein, nor to any other assistant solicitor-general beyond that amount which such officer would have received had his salary been limited to $14,000.00 per annum in lieu of the increased amounts provided herein. Before any increased compensation shall be paid to any of said officers under authority of this Act, such officer shall execute a written waiver in form approved by the County Attorney of Fulton County, in which such officer shall agree that such increased compensation

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shall not operate to increase the amount of pension payable to such officer upon retirement above the limits fixed in this Act. Retirement. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. 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 the 20, 27th days of December, 1967, and on the 3, 10, 17th days of January, 1968. As provided by law. /s/ Frank Kempton 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, 1968, 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 Subscribed and sworn to before me, this 24th day of January, 1968.

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/s/ Mildred N. Lazenby, Notary Public, Georgia State at Large. My Commission expires Oct. 17, 1971. (Seal). Approved February 29, 1968. LOOKOUT MOUNTAIN JUDICIAL CIRCUITCOMPENSATION OF SOLICITOR-GENERAL AND CLERK-TYPIST. No. 639 (House Bill No. 1164). An Act to amend an Act creating the Lookout Judicial Circuit (now Lookout Mountain Judicial Circuit), approved January 26, 1950 (Ga. L. 1950, p. 23), as amended, so as to increase the compensation of the solicitor general; to increase the compensation which may be paid the clerk-typist of the solicitor general; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Lookout Judicial Circuit (now Lookout Mountain Judicial Circuit), approved January 26, 1950 (Ga. L. 1950, p. 23), is hereby amended by striking in section 6A the figure $9,500.00 wherever the same shall appear and inserting in lieu thereof the figure $11,300.00, so that when so amended section 6A shall read as follows: Section 6A. The solicitor-general of the Lookout Mountain Judicial Circuit shall be paid a salary of $11,300.00 per annum, which shall be paid in equal monthly installments, said sum shall be in addition to the two hundred fifty dollars ($250.00), now paid to the solicitor-general by the State and the fees payable for services in cases in which it is necessary for the solicitor-general to appear in the Supreme Court of Georgia and the Court of Appeals of

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Georgia. Said salary of $11,300.00 shall be paid by the four counties of said circuit and shall be paid on a pro rata basis. Such pro rata payments shall be paid on a percentage basis to be figured in accordance with the present and each future United States census according to the ratio which the population of each county bears to the total population of all four counties. All fees, fines and forfeitures now allowed and hereinafter allowed, by law, to the solicitor-general in the county and superior courts shall be paid into the general funds of the county in which they accrue, so that said salary as set out herein shall be in lieu of all such fees, fines and forfeitures, and said salary shall be the only compensation allowed, except those services paid for out of the treasury of the State. Expense allowance paid to the solicitor-general out of the treasury of the State shall not be considered as an emolument of his office. The counties composing said circuit are hereby authorized, if necessary, to levy a tax for the purpose of the payment of said salary, and said salary to become effective upon the passage of this Act. Solicitor-General. Section 2. Said Act is further amended by striking in section 6A.1 the figure $3,000.00 and inserting in lieu thereof the figure $4,200.00, so that when so amended section 6A.1 shall read as follows: 6A.1 The solicitor-general of the Lookout Mountain Judicial Circuit is authorized to employ a clerk-typist to perform such duties as may be assigned by the solicitor-general. Said clerk-typist shall serve at the pleasure of the solicitor-general and shall receive such compensation as the solicitor-general shall fix, payable monthly. Provided, however, such compensation shall not exceed $4,200.00 per annum. Said compensation shall be paid proportionately by the counties comprising said circuit in the same manner as is provided in section 6A for the payment of the salary of the solicitor-general of said circuit. Clerk-typist. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 29, 1968.

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ATLANTIC JUDICIAL CIRCUITJUDGE'S SECRETARY. No. 640 (House Bill No. 1190). An Act to authorize, but not require, the counties composing the Atlantic Judicial Circuit to supplement the salary of a secretary employed by the judge of superior courts of said circuit; to provide the procedures connected with the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. In the event the judge of the superior courts of the Atlantic Judicial Circuit employs a secretary, any one or more of the counties composing said circuit shall be authorized, but not required, to supplement the salary of said secretary in an amount not exceeding the following amount per annum for each of said counties: Tattnall, $1,060.00; Liberty, $970.00; McIntosh, $430.00; Evans, $470.00; Bryan, $415.00; and Long, $255.00. In the event any of the said counties elect to supplement the salary of said secretary, as herein provided, it shall be the duty of the governing authority in each of said counties so electing to cause the part or portion of said salary assessed against such county to be paid to said judge for payment to such secretary monthly out of the funds of said counties; that is, on the first day of each month of each year, upon regular county warrants and vouchers issued therefor, and, in such event, it shall be the further duty of said governing authorities to make provisions annually, when levying taxes for expenses of courts, for the levying of sufficient taxes in their respective counties for the purpose of paying the portion of said salary chargeable against their respective counties, and the power to levy taxes for such purposes is hereby delegated to said counties. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 29, 1968.

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EXECUTION OF DISPOSSESSORY WARRANTS IN CERTAIN COUNTIES (500,000 OR MORE). Code 61-302 Amended. No. 652 (Senate Bill No. 57). An Act to amend Code section 61-302, relating to the issuance of dispossessory warrants or processes against tenants holding possession of lands and tenements over and beyond the term for which the same were rented or leased, as amended, so as to provide that in certain counties property moved away from the premises pursuant to the execution of a dispossessory warrant or process shall be placed in storage; to provide for recovery of said property by the defendant; to provide for the sale of said property in the event it is not recovered by the defendant; to provide for the distribution of the proceeds received pursuant to such sale; to provide for payment of storage charges; to provide for findings and declarations of necessity; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Whereas, the present general laws of the State require sheriffs, their deputies, constables and other officers to execute dispossessory warrants by requiring such officers to deliver to the owner or his representative full and quiet possession of the lands and tenements of such owner by removing the tenant with his property found thereon away from the premises; and Whereas, in executing dispossessory warrants, such officers as a general rule move said property into the public streets, roads or highways nearest said land and tenements; and Whereas, numerous public streets, roads and highways exist in certain counties of this State; and Whereas, many State and Federal roads and highways intersect in certain counties of this State; and

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Whereas, certain counties of this State are heavily populated and among such population are many indigent persons and persons who commit crimes; and Whereas, in certain counties of this State, many thousands of automobiles use the public streets, roads and highways located therein; and Whereas, property of tenants dispossessed pursuant to the present laws of the State subject said property to being damaged, destroyed, and stolen and carried away; and Whereas, placing said property upon the public streets, roads and highways in certain counties create a traffic hazard and endanger the people and property traveling thereon. Now, therefore, it is the finding and declarations of the General Assembly as follows: That the present laws relating to the execution of dispossessory warrants create an extreme traffic hazard in certain counties of this State in that said property is placed in and upon the public streets, roads and highways therein without notice to the public and to the person traveling upon such public streets, roads and highways; that said property is often placed in and upon public streets, roads and highways notwithstanding the fact that it is unlawful for vehicles to park on said streets; that often times said property is placed in and upon said public streets, roads and highways blocking one lane of traffic thereon; that the placing of such property on the public streets, roads and highways make it possible for persons to steal and carry away the same; that said property is damaged by vehicles colliding therewith; that said property is not protected from the elements; that in many instances indigent persons of the State lose all or part of the property owned by them because of the manner in which dispossessory warrants are executed; and that in certain counties of this State, it is necessary that this condition be eliminated notwithstanding the general laws of the State.

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Section 2. That Code section 61-302 of the Code of Georgia of 1933, as heretofore amended, be further amended by adding thereto the following language: Provided, however, in the counties of the State having a population of 500,000 or more, according to the United States Census of 1960, or any future United States Census, the tenant-defendant in any dispossessory proceeding may request the sheriff, deputy sheriff or constable executing any dispossessory warrant or similar process, at the time he is removing the tenant and his property away from the premises or before the removal of said property, to turn over same at the site of such removal to any warehouseman, trucker or other agent, or person selected by the tenant, and who may be called by the tenant to the premises for the purpose of transporting and storing same at the expense and for the account of the tenant, in lieu of depositing said personal property upon the streets or sidewalk. When a request is made in writing by the tenant at the time the notice of removal is given, or at any subsequent time prior to such removal, upon forms supplied by the officer, sheriff or deputy sheriff at the time of notice of dispossession or at any subsequent time prior to removal, the property of the tenant shall be delivered to such agent of the tenant-defendant, and the receipt of such agent so selected by the tenant shall be conclusive evidence of the execution of the warrant for removal. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 1, 1968.

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VENDOR PAYMENTS TOWARD COST OF NURSING HOME CARE FOR BLIND, DISABLED AND OLD-AGE BENEFIT RECIPIENTS. No. 98 (House Resolution No. 438-952). A Resolution. Relative to vendor payments made toward the cost of nursing home care for the blind, disabled and old-age benefit recipients; and for other purposes. Whereas, the vendor contribution for the cost of nursing home care for the blind, disabled and old-age benefit recipients is limited to the sum of $200.00 per month; and Whereas, due to the increase in the minimum wage and the rapidly expanding cost of care for patients in nursing homes, the present budgetary limitation of $200.00 per patient is inadequate. Now, therefore be it resolved by the General Assembly of Georgia that the Director of the Budget is hereby authorized to increase the vendor contribution for the cost of nursing home care for the blind, disabled and old-age benefit receipients to $225.00 per month immediately and as soon as funds are available without object transfer of funds. Approved February 29, 1968. WESTERN AND ATLANTIC RAILROAD LEASE ACCEPTED. No. 101 (House Resolution No. 387-884). A Resolution. Accepting the bid of the Louisville and Nashville Railroad Company to lease the Western and Atlantic Railroad; and for other purposes.

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Whereas, pursuant to the provisions of the State Properties Control Code (Code Chapter 91-1A.), the State Properties Control Commission is empowered to lease the Western and Atlantic Railroad through negotiations or through competitive bid; and Whereas, Code Section 91-109a. (d) and (e) read as follows: (d) If the commission formally determines the highest responsible bidder, the commission shall prepare the instrument of lease in at least four counterparts, which shall be immediately signed by the prospective lessee whose signature shall be witnessed in the manner required for recording. Such signing shall constitute a bid by the prospective lessee and such bid shall not be subject to revocation unless it is rejected by the General Assembly as hereinafter provided for. A Resolution containing an exact copy of the proposed lease, or to which an exact copy of the proposed lease is attached, shall be introduced in either the House of Representatives or the Senate, if then in regular session, or, if not in session at such time, at the next regular session. Such Resolution, in order to become effective, shall receive the same number of readings and go through the same procedure as a bill in both the House and the Senate. Such Resolution shall be considered by the Committee of the Whole House and by the Committee of the Whole Senate. (e) If the aforesaid Resolution shall be adopted during such regular session by a majority roll call vote of both the Senate and the House of Representatives, the chairman of the commission shall forthwith execute such lease for and on behalf of the commission and thereupon both parties shall be bound by such lease. Such execution shall include the attachment to the lease of a certificate of the Secretary of State under seal showing that there has been recorded in his office a counterpart of such lease and any minutes of the commission, advertisement, notice, invitation for bids, legislative Resolution, and any other record concerning such lease.; and Whereas, the State Properties Control Commission determined that the interest of the State and the people

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of the State of Georgia would be best served by competitive bidding for the lease of said Railroad; and Whereas, the form of lease for the Western and Atlantic Railroad was completed after numerous conferences with, and public hearings attended by, representatives of the parties who had indicated an interest in leasing the Western and Atlantic Railroad; and Whereas, following advertising of invitation for bids as required by the State Properties Control Code, at the bid opening on December 21, 1967, one bid was received, and that from the Louisville and Nashville Railroad Company in the amount of $1,000,000.00 base annual rental, plus an escalation factor of 2.5%; and Whereas, the Commission on that date formally found the Louisville and Nashville Railroad Company to be the highest responsible bidder for the lease of the Western and Atlantic Railroad; and Whereas, the Western and Atlantic Railroad is not needed in any way for the operations of the various departments of the State government; and Whereas, pursuant to the aforesaid provisions of law, the prospective lessee has signed the proposed lease in four counterparts, an exact copy of which is attached to this Resolution. Now, therefore, be it resolved by the General Assembly of Georgia that the proposed lease is hereby accepted and the Chairman of the State Properties Control Commission, pursuant to the aforesaid provisions of law, is hereby authorized and directed to execute such lease for and on behalf on the State of Georgia and said Commission. Be it further resolved that the Clerk of the House of Representatives is hereby instructed to transmit a copy of this Resolution to the aforesaid Chairman, to the Secretary of State and to the Louisville and Nashville Railroad Company.

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FORM OF LEASE OF WESTERN ATLANTIC RAILROAD WHEREAS, by an Act of the General Assembly of the State of Georgia, entitled State Properties Control Code, approved February 21, 1964, and the Acts amendatory thereto approved March 24, 1965, and April 15, 1965, respectively, there was created a Commission to be known as the State Properties Control Commission, which Commission was by the provisions of said Acts authorized and empowered to lease and contract for the leasing of the railroad properties known as the Western Atlantic Railroad, and was further authorized and empowered to fix and determine all the terms and conditions upon which the said property should be leased, except as limited by the provisions of said Acts, and was further authorized and empowered to agree upon all the terms and details of a formal lease contract, which upon being prepared by the said Commission and executed by the prospective Lessee should be transmitted to each House of the General Assembly if then in regular session and, if not, to the next regular session, for acceptance or rejection of said lease by said General Assembly as provided in the State Properties Control Code; AND, WHEREAS, The said Commission, organized in pursuance of the provisions of said Acts, has, in regular meeting assembled, by resolution agreed to lease said property to LOUISVILLE AND NASHVILLE RAILROAD COMPANY, under the terms and conditions hereinafter set forth, which resolution, together with all the terms and details of this lease contract, will be transmitted to the General Assembly by the said Commission, as provided in Section 91-109A of said State Properties Control Code; AND, WHEREAS, It is further provided in said Acts that when said lease contract shall have been so prepared and approved by the General Assembly, the same shall

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be executed by the Chairman of the State Properties Control Commission in behalf of the State of Georgia. NOW, THEREFORE, THIS INDENTURE, made and entered into on thisday of, in the year of our Lord One Thousand Nine Hundred and, by and between the said State of Georgia, (hereinafter referred to as State), acting through the State Properties Control Commission, and the said LOUISVILLE AND NASHVILLE RAILROAD COMPANY, (hereinafter referred to as Lessee): WITNESSETH: ONE: The State, under and by authority of the said Act approved February 21, 1964, and the Acts amendatory thereof and supplemental thereto approved March 24, 1965, and April 15, 1965, respectively, and in pursuance thereof and of the said resolution of the said State Properties Control Commission, and in consideration of the premises and of the conditions, covenants and stipulations herein set forth, does hereby lease, for a term of 25 years and 4 days beginning from and immediately at the termination of the lease contract now existing (which will terminate on the 27th day of December, 1969), and ending on December 31, 1994, to said Lessee, viz; to LOUISVILLE AND NASHVILLE RAILROAD COMPANY the State-owned property known as the Western Atlantic Railroad (a railroad running from the City of Atlanta, in the State of Georgia, to the City of Chattanooga, in the State of Tennessee), as more fully shown outlined in red and green on maps filed in the office of the State Properties Control Commission in Atlanta, Georgia, which maps have been duly endorsed by the Secretary of that Commission, for identification purposes, as being those referred to herein (including the railroad properties more specifically enumerated on the Sidetrack Facilities List, attached to said maps and similarly endorsed); said lease to include the property so delineated on said maps and in said list [and such additional property as may be acquired for

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the Western Atlantic Railroad by the present lessee (i.e., the lessee under the lease of the Western Atlantic Railroad which terminates December 27, 1969) subsequent to the date of execution of this lease and prior to the beginning of the term of this lease] and all tracks, bridges, culverts, signals, buildings, communication lines, depots and all other structures located on said property, subject to the following Exceptions and Additions: EXCEPTIONS: (A) Air, Mineral and Other Rights Except to the extent that air rights are, as of December 28, 1969, occupied by any structure used for railroad purposes (including any structure erected by Lessee or sublessees of the lease expiring on December 27, 1969) this lease does not include air rights, mineral rights or sub-surface easements, the State reserving the air rights (including the right of necessary supports and appurtenances), mineral rights and sub-surface easement rights and the right to grant the same but agreeing that it will not, without the written consent of Lessee, which consent may not be unreasonably withheld, grant any such rights to any others or itself use air space or exploit minerals, (i) if such grant or the exercise of rights granted thereby or such use or exploitation will result in loss of support to or unreasonable interference with the leased property, including tracks or structures located thereon, or (ii) if such grant or the exercise of rights granted thereby or such use or exploitation will otherwise unreasonably interfere with the enjoyment of the leased property, including tracks and structures, for railroad purposes or with the enjoyment of the operation thereof for railroad purposes, or (iii) if such grant or the exercise of rights granted thereby or such use or exploitation will reduce the clearance to a distance of less than 23 feet vertically above the top of the rails of said tracks or alongside any track to a distance less than 18 feet from the centerline thereof, the said 18 foot clearance to extend uniformly from a vertical extension upward of the said center line for a distance of twenty-three feet, Provided that

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(1) in those areas where, as of July 1, 1966, there were structures limiting vertical clearances to less than twenty-three feet or there were horizontal clearances of less than eighteen feet, the clearances existing on July 1, 1966 shall govern; (2) in those areas where, as of July 1, 1966, there were grants of air rights providing for a lesser clearance than the said twenty-three foot and eighteen foot clearances, such lesser clearance shall govern, and, Provided further, that if in any of said areas, additional clearance shall become available, whether by reconstruction, modification, or demolition of any such structures, or otherwise, said additional clearance shall accrue to the benefit of the Lessee to a maximum of twenty-three feet above the top of the rails and of eighteen feet horizontally from the centerline of the nearest track, except that where existing viaducts over the rails have a clearance of less than 23 feet, adjoining air space structures may be so constructed as to have viaduct level access, provided no part of said structures (except necessary supports and appurtenances) shall extend below the lowest point of said viaduct, which structures the State shall require to be so designed and constructed as to allow, as nearly as practicable, a clearance of at least 23 feet above the top of the rail, and, Provided further, that should any additional clearance become available by reason of any track being lowered, such additional clearance shall accrue in toto to the benefit of Lessee. Notwithstanding the foregoing provisions, the minimum clearances in the event that power lines or communications lines, whether those of Lessee, the State or other persons, firms or corporations, shall intrude into the air space above the leased property, shall be not less than those specified from time to time by the Association of American Railroads for its member roads.

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The State and the Lessee agree that in the event of exploitation of air or sub-surface easement rights, the State may require a relocation of tracks, but only if (1) such relocation is necessary to permit the placement of any pillar providing support to a structure constructed in the use of air rights described in this paragraph (A) of this Section One and (2) there is no point at which said pillar can be placed consistent with sound engineering practices without necessitating the relocation of any track, and (3) neither such relocated track nor the work of relocation will unreasonably interfere with the use by Lessee of the properties leased herein, or unreasonably reduce the operating capacity or operating convenience of said properties, whether only in the immediate vicinity of said relocated track or elsewhere on the said properties, and (4) such relocation, including acquisition of additional land, and all other work and modifications of other tracks and structures necessitated by such relocation are performed without cost to Lessee or any sublessee of Lessee and at such reasonable times and in accordance with such reasonable standards and specifications as may be established by Lessee. Notwithstanding the vertical clearance limits specified hereinabove, Lessee and its sublessees may erect such structures (including any structure erected pursuant to a subletting qualifying under clause (3) of the first literary paragraph of Section Ten of this lease) as they may from time to time deem necessary or desirable for railroad operating purposes and such structures may extend and continue to extend into the then unoccupied air space above the clearance limits referred to in this Section so long as necessary or desirable or until such time or times as the State exercises the power to clear such air space as reserved to it in the next succeeding paragraph of this Section One.

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Except as to the Union Passenger Depot in Atlanta the State, in granting air rights, may provide for the removal of structures then occupying any part of the air space contained within such grant, such removal to take place not before the grantee of such air rights commences the work of construction in exploitation of such rights, provided that such removal shall be performed without cost to Lessee or any sublessee of Lessee and at such reasonable time or times and in accordance with such reasonable standards and specifications as may be established by Lesee and provided, further, that adequate replacement structures reasonably satisfactory to Lessee (and a sublessee, if one be affected) as to location, design, physical condition and facilitation of its operations (including those of a sublessee, if one be affected) shall be provided without cost to Lessee or any sublessee of Lessee, the work of replacement to be performed at such reasonable time or times and in accordance with such reasonable standards and specifications as may be established by Lessee, provided that any replacement structures provided under this section (or structures provided as temporary substitutes for such replacement structures) shall be completed and available for use prior to commencing the work of removal or relocation of the existing structures being replaced. The State also agrees that, at the request of the Lessee, it will negotiate with the Lessee the need in such air rights areas for increased clearances for railroad operations and if it finds the proposed adjustments to be in the best interest of the State and the Western Atlantic Railroad, this lease shall be reopened, amended or supplemented, for the purpose only of providing such increased clearances as are found reasonable, upon such terms and conditions as may be agreed to by the State, the decision of the State as to such reopening, amending or supplementing to be final. The State further agrees that it will, within a reasonable time prior to granting any air, mineral or sub-surface easement rights, fully consult with Lessee to determine what, if any, plans are being considered for additions, improvements, or changes to the tracks, signals or structures of the railroad which

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may be affected by the granting of such rights and that due consideration will be given to such plans. If any air, mineral or sub-surface easement or other rights shall be granted by the State, the State shall confer with the Lessee a reasonable time prior to making such grant and there shall be included in the agreements by which said rights are granted or made from time to time such reasonable conditions, consistent with the provisions of this lease, on the use, exercise and exploitation of said rights as may be required for the purpose of assuring to Lessee operation of the leased properties in a safe, convenient, expeditious, economical and healthful manner. If the State shall itself use, exercise, or exploit any such rights it shall do so consistently with such reasonable conditions as may be required. Except to the extent the State has the power under such grants to impose such restrictions, none of the air rights restrictions hereinabove contained shall apply to those air rights grants made by the State prior to July 1, 1966. However, in approving plans and specifications relating to, and in establishing or imposing conditions and standards upon, the use, exercise and exploitation of any air, mineral or other rights, that may have been granted by the State prior to December 28, 1969, the State shall likewise confer with the Lessee a reasonable time prior to such approval, establishment or imposition and shall, to the extent the State has the power under such grants so to do, establish or impose on the use, exercise and exploitation of said air, mineral, subsurface easement or other rights such reasonable conditions and standards, consistent with the provisions of this lease, as may be required for the purpose of assuring to Lessee operation of the leased properties in a safe, convenient, expeditious, economical and healthful manner. Nothing in this lease shall operate to prevent Lessee from recovering from any person, firm or corporation compensation for and reimbursement of any loss, expense or damage suffered by Lessee by reason of the action

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or omission of any such person, firm or corporation or its employees, agents or servants in the use or exploitation of any air, mineral or sub-surface rights. No action for such loss, expenses or damage shall lie against the State except on the grounds of breach of contract. (B) Chattanooga Depot Property This lease includes so much of the present passenger depot property located in Chattanooga, Tennessee, west of Board Street and south of Ninth Street (as outlined in green on the aforesaid maps filed in the office of the State Properties Control Commission) as is owned by the State only until the passenger depot located on said property is relocated in accordance with the provisions of Chattanooga Railroad Grade Crossing Elimination ProjectGeneral Plan `N' or otherwise, at which time so much of said passenger depot property as is owned by the State will revert to the possession and control of the State. (C) Other Chattanooga Property This lease includes the property located between Market Street and Board Street in Chattanooga, Tennessee, (as outlined by cross-hatched green lines on the aforesaid maps filed in the office of the State Properties Control Commission) subject to the following proviso: Should the City of Chattanooga or other governmental authority extend Lindsay Street in said City across the State's property, then at the time of such extension all property included in this lease and lying north of the southern boundary of that street shall revert to the possession and control of the State. In like manner, should Newby Street in said City be so extended, and at the time of such extension, should the City of Chattanooga decline to permit the Western Atlantic Railroad property north of such extended Newby Street thereafter to be used for railroad operating purposes, then all property included in this lease and lying north of the southern boundary of such extended Newby Street will similarly revert to the State, except to the extent that it may theretofore have so reverted.

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(D) Marietta Depot Property This lease includes so much of the depot property at Marietta, Georgia, as is outlined in green on the aforesaid maps filed in the office of the State Properties Control Commission only so long as the depot located thereon shall be used for passenger train purposes. Said described portion shall, in the event the depot on said property shall cease to be so used, revert upon such cessation to the possession and control of the State. The balance of said depot property shall continue to be subject to this lease for the full term thereof. (E) Atlanta Depot Property This lease shall include the Atlanta Union Passenger Building and so much of the passenger depot property in Atlanta, Georgia, as is outlined in green on the aforesaid maps only so long as there is passenger train service originating or terminating in the Atlanta Union Passenger Depot and being operated over substantially the entire length of the Western Atlantic Railroad. In the event that prior to discontinuance of such passenger train service, the State shall wish to retake possession of said Building and the air space, which may be done only subject to the clearance provisions of this Lease, between Forsyth and Spring Streets not separately leased as of December 28, 1969, for the purpose of leasing such property for major commercial development, the State shall be permitted by Lessee so to retake possession in accordance with the four numbered following provisions as conditions precedent: (1) Upon wishing to retake possession the State shall give to Lessee notice in writing of such wish. (2) Prior to giving such notice, the State shall confer with Lessee concerning said wish and concerning replacement structures and facilities to substitute for said Building. (3) Upon there being available for use and occupancy by Lessee adequate replacement structures and facilities

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(including structures and facilities supplemental to, sustaining of or related to passenger train operations, over the Western Atlantic Railroad, which language shall include, but not be limited to, structures and facilities for handling mail, baggage and express) reasonably satisfactory to Lessee as to location, design, physical condition and facilitation of its operations of passenger trains over the Western Atlantic Railroad, Lessee shall relinquish to the State possession of said Building and air space, it being understood that the cost of said replacement structures and facilities (including structures and facilities supplemental to, sustaining of or related to passenger train operations over the Western Atlantic Railroad) shall not be borne by Lessee and, further, that the cost of transferring Lessee's operations to such replacement structures and facilities shall not be borne by Lessee. (4) The work of construction and replacement shall be performed at such reasonable times and in accordance with such reasonable standards and specifications as may be established by Lessee. In the event discontinuance of said passenger train service shall be authorized and effected and, at such time, the State shall not have retaken possession as above provided for, then 90 days after discontinuance shall have been authorized and effected said Depot Building (including the air space, subject to the clearance provisions of this lease, between Forsyth Street and Spring Street not separately leased as of December 28, 1969) shall revert to the possession and control of the State. If, upon the effective date of discontinuance of said passenger train service, State shall have retaken possession as above provided for, Lessee shall, within 90 days after discontinuance shall have been authorized and effected, surrender to State such possessory right in the replacement depot building structures (including air space above 23 feet above the top of the rails as might be occupied by such structures) as shall be then enjoyed by Lessee.

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In the event that passenger train service shall be discontinued as above referred to, then as to the balance of the property outlined in green, the parties hereto will consider, in good faith, the further need of Lessee for railroad purposes of any or all thereof, to the end of reaching agreement as to the continuation in this lease of all or any part thereof. As to said balance of the property outlined in green, the Lessee agrees to advise the State within 90 days after the discontinuance of passenger service if that property so scheduled to revert, or any portion thereof, is required by the Lessee for railroad operating purposes, together with the justification for such requirement. The State agrees that it will advise the Lessee within 90 days after receipt of such notice of the State's acceptance or rejection of Lessee's request. Should the State reject such request by Lessee the parties will in good faith endeavor to negotiate a satisfactory agreement whereby Lessee may be permitted continued use of all or some portion of said property. Should the parties be unable to reach such satisfactory agreement a determination shall be made by arbitration as now provided in Sections 7-201 to 7-224, both inclusive, of the Code of Georgia of 1933. (F) Wall Street It is understood and agreed by and between the parties hereto that in the event State shall, during the term of this lease, wish to allow the use of a portion of the property herein leased for purposes of a public road by widening and extending present Wall Street in Atlanta, Lessee will accede to removing from this lease so much of the leased property as is necessary to provide for such purpose a parcel of not more than fifty-two (52) feet uniform width, said width to be measured from the July 1, 1966 eastern right-of-way boundary of the Western Atlantic Railroad and to include that property outlined in yellow on Map No. 1 of the maps referred to in the first paragraph of this Section One, with such removal to be subject to the following conditions precedent:

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(1) There shall be made available to Lessee, at no cost to it and on Western Atlantic Railroad property in the vicinity of existing Wall Street presently owned by the State or on property contiguous thereto, not less than two main tracks (together with reasonably necessary track connections, structures and appurtenances, either on or off said parcel) and sufficient right-of-way therefor, all in condition to provide for Lessee's operation over said tracks in a safe, convenient, expeditious and economical manner. Said tracks shall be so designed, constructed and placed as to allow a horizontal clearance of at least ten feet between the face of any pier, pillar, column or other obstruction and the center line of the nearest track on either side thereof and a horizontal clearance of at least fourteen feet between center lines of tracks when there is no pier, pillar, column or other obstruction between said tracks, except where then-existing horizontal clearance are less, such then-existing horizontal clearances may prevail at that location. However, if any then-existing pier, pillar, column or other obstruction shall be removed in the course of such widening and extending, the specific clearance referred to in the next preceding sentence shall thereafter prevail. Said clearances shall extend uniformly from a vertical extension upward of said center lines for the distance of the prevailing vertical clearance. All work of removal, relocation and construction of tracks, structures and appurtenances required, directly or indirectly, by reason of the widening and extending of Wall Street shall be performed in accordance with such plans and specifications, and at such reasonable times, as may be established and approved by Lessee and at no cost to Lessee. (2) Any additional land needed to permit the relocation and construction of said tracks, structures and appurtenances shall be acquired by State without cost to Lessee and shall, promptly upon acquisition, be subjected to the provisions of this Lease. (3) The aforesaid portion of the right-of-way subject to removal shall not be removed from this Lease until

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after completion of the work contemplated in the foregoing paragraphs. (4) The State shall require those performing said work of removal, relocation and construction to make arrangements satisfactory in form and content to Lessee to hold harmless from and indemnify it against, any loss, expense, or damage (including loss, expense or damage as a result of interference with its operation) suffered, directly or indirectly, by it from or by reason of any acts or omissions during or by reason of the work of removal, relocation and construction. (5) Any widening and extending of Wall Street shall be in such manner that Wall Street, as widened and extended, and the traffic thereon, shall not present a hazard to the safe, convenient, expeditious, economical and healthful operation of the railroad. State shall, at the request of Lessee, require, as condition precedent to the widening and extending of Wall Street, that Fairlie Street be closed to vehicular traffic to the extent that said Fairlie Street crosses the properties herein leased. ADDITIONS: (A) The State proposes to acquire at a later date such of the railroad properties and facilities listed in Appendix A hereto, that it may acquire under the provisions of the lease of the Western Atlantic Railroad which terminates December 27, 1969 as are determined to be need for and/or convenient to the operations of the Western Atlantic Railroad and are available at a price reasonably related to their operational value. Any railroad properties or facilities so acquired, or otherwise acquired from the present lessee (i.e., the lessee under the lease of the Western Atlantic Railroad which terminates December 27, 1969) by the State for the Western Atlantic Railroad subsequent to July 1, 1966, shall be added to the properties and facilities listed above, subject to the exceptions as to air, mineral and subsurface easement rights listed above, and the Lessee

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agrees to pay to the State, over and above the rental specified in Section Four of this lease, an additional annual rental for said properties or facilities so acquired consisting of five (5) per cent of the price paid by the State for said properties and facilities as determined in accordance with the provisions of this paragraph. In the event of the failure of the State and the Lessee to agree on such price to be paid by the State for said properties and facilities, the amount thereof shall be determined by arbitration as now provided in Sections 7-201 to 7-224, both inclusive, of the Code of Georgia of 1933. Nothing in the foregoing sentence shall be deemed to have waived such rights as are held by the present lessee (i.e., the lessee under the lease of the Western Atlantic Railroad which terminates December 27, 1969) to have the price of said properties and facilities determined in accordance with the provisions of that lease. The references in Section One of this lease to sub-surface easements and sub-surface easement rights are for the purpose only of making provision for possible use by the Metropolitan Atlanta Rapid Transit Authority or other public authority having a like function, and are not general reservations, but are limited to that one purpose. All being the property of the State of Georgia, and which the said Acts of the General Assembly of Georgia hereinbefore mentioned authorized the State Properties Control Commission to lease. TWO: Subject to and in accordance with the terms, limitations and provisions of this contract of lease and of the several Acts of the General Assembly authorizing the same, the State, as lessor, hereby grants to Lessee the right to possess and enjoy the use of said properties leased herein and further covenants the quiet and peaceable possessions and enjoyment of all the property herein leased to the Lessee. THREE: In view of the participation of each in the preparation of this lease, the State and Lessee agree that

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if it becomes necessary to construe any of the provisions of this lease, there shall be no presumption for or against either party on the ground of its participation in such preparation. FOUR: The said Lessee covenants and agrees that as rent for the said Western Atlantic Railroad it will pay into the treasury of the State a base annual rental of ONE MILLION dollars. Said base annual rental shall be the rental for the first calendar year of this lease, commencing January 1, 1970. Each succeeding calendar year of this lease Lessee shall pay, in addition to said base annual rental, an amount equal to the product obtained by multiplying the said base annual rental by an escalation factor of 2.5 per cent times the number of calendar years the lease has run through the end of the preceding year. Such annual rentals are to be paid in equal monthly installments in advance, on or before the first day of each and every month during the period of the lease, the first payment to include, as rent for the four days of December 28-31, 1969, the additional amount of 4/365's of the said base annual rental. After the first calendar year of this lease, Lessee shall also pay annually to the State such an amount, if any, as may be necessary to cause the total annual payments for the then-current year to the State under this Section of the lease to equal that percentage of Lessee's railway operating revenues for the then-current year as the said base annual rental is of the 1966 railway operating revenues of Lessee. If Lessee operated a railroad in 1966, but did not then operate the Western Atlantic Railroad, Lessee's 1966 railway operating revenues shall be increased by $13,031,892 (the 1966 railway operating revenues of the Western Atlantic Railroad as reported to the Georgia Public Service Commission) and the resultant total shall be substituted for the 1966 railway operating revenues factor in the computation of said percentage. If Lessee did not operate a railroad in 1966, its railway operating revenues for the first calendar year of this lease shall be substituted for the 1966 railway operating revenues factor in the computation of said percentage.

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The additional annual rental, if any, so computed shall be paid to the State on or before April 1 of the year following the year for which due. If Lessee defaults on payment of said additional annual rental by that date and if said additional annual rental is not paid within 30 days after notice of said default is given to Lessee by the State, the State may, at its option, declare this lease forfeited with all the penalties of forfeiture as provided in this Section Four. The parties recognize that Lessee or a successor lessee may, after the date of execution of this lease, be a party to a corporate merger, consolidation or other transaction subject to the approval of and authorization by the Interstate Commerce Commission by which the properties producing railway operating revenues of Lessee (or those of a successor lessee) during the term of this lease may be materially enlarged or increased. It is the intention of the parties that, in case of any such corporate merger, consolidation or other transaction, adjustment be made in the factors used to compute the additional rental provided for in the second paragraph of this Section Four, the purpose of the adjustment being to allow such additional rental thereafter to be so computed as to be related only to the railway operating revenues produced by LOUISVILLE AND NASHVILLE RAILROAD COMPANY lines as those lines were constituted on December 31, 1966, including the lines of the Western Atlantic Railroad as those lines were constituted on December 31, 1966. To that end, in the event of such a merger, consolidation or other transaction, then, at the request of Lessee or a successor lessee, as the case may be, such adjustment shall be made by relating the railway operating revenues of Lessee or successor lessee, as the case may be, for the fifth year (plus those of the Western Atlantic Railroad if not operated by Lessee or a successor lessee in said fifth year) prior to the year of the effective date of merger, consolidation or other transaction, to the sum of railway operating revenues of Lessee or successor lessee, as the case may be, (plus those of the Western Atlantic Railroad if not operated by Lessee or a successor lessee in said fifth year) plus

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the railway operating revenues of the other company or companies parties to the merger, consolidation or other transaction or of the properties merged, consolidated or acquired for the said fifth year, and therefrom deriving a new percentage which shall, for the years of the lease term subsequent to the year of the effective date of such merger, consolidation or other transaction, or to the year of the request of Lessee for such adjustment, whichever is later, be applied to the railway operating revenues of Lessee or successor lessee, as the case may be, in such manner as to fulfill the purpose of said adjustment, or by such other method, prescribed by the Interstate Commerce Commission and acceptable to the parties, as shall permit the computation of said additional rental so that it shall thereafter be related only to the railway operating revenues produced by LOUISVILLE AND NASHVILLE RAILROAD COMPANY lines as those lines were constituted on December 31, 1966, including the lines of the Western Atlantic Railroad as those lines were constituted on December 31, 1966. Operation of the Western Atlantic Railroad under this lease by a lessee whose railroad operations prior to the effective date of this lease had not included the Western Atlantic Railroad or the acquisition by the State of additional property or facilities for the Western Atlantic Railroad shall not be considered such transactions as to require said adjustment. The railway operating revenues referred to in this Section Four shall be determined by reference to the pertinent annual reports to the Interstate Commerce Commission, and those reports and revenues of Lessee shall include railway operating revenues from Lessee's operation of the Western Atlantic Railroad; Provided that, to the extent it may be necessary for the purpose of any computation to be made under this Section Four to determine the individual railway operating revenues of the Western Atlantic Railroad, those revenues shall be determined by reference to reports filed with the Georgia Public Service Commission. The said Lessee further agrees to deposit with the Treasurer of the State a surety bond issued by a company

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licensed to do business in the State of Georgia in the amount of one year's base rental or, at Lessee's option, recognized valid bonds of the United States, in an aggregate par value equal to one year's base rental. Should said bonds of the United States, if so deposited by the Lessee, at any time depreciate more than 8.25 per cent in value below their par value and continue so depreciated for four consecutive months or be otherwise reduced, the Lessee shall within thirty days following notice by the State of such four months depreciation or reduction make good said deposit by the deposit of other bonds of like kind, so that bonds at par and market value of at least the amount of the annual base rental of Lessee shall at all times be on deposit by Lessee with the Treasurer, as aforesaid, and in default thereof the State may, in its discretion, declare this lease forfeited, with all the incidents of forfeiture herein provided. If at any time during the term of this lease there shall be on deposit with the Treasurer, bonds of the United States in an amount, measured by market value, of more than one year's base rental and if such condition shall continue four consecutive months, then bonds representing such excess value shall, upon request to the State by Lessee, be delivered to Lessee. The bonds, whether surety or United States government, so deposited by the Lessee shall be regarded merely as collateral security for the faithful performance by the Lessee of the terms of this lease contract, and shall not be held as exhaustive of other rights of the State, as lessor. And after said bonds have been applied, in whole or in part, as damage penalty or forfeiture, for any act done, or omitted to be done, or any violation of the term of the lease as herein provided, the Lessee shall be liable further to the State for any damage caused by any breach or forfeiture under such contract by such Lessee and not compensated for by such application. The Lessee through any person authorized by it, shall have access to any United States government bonds so deposited for the purpose of clipping the coupons thereof, in order to collect the interest on said bonds.

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In the event the Lessee shall fail or refuse to pay the aforesaid monthly rental to the Treasurer of the State within twenty days after the time named in this Section for the payment of such monthly rental, the State may collect out of the security on deposit with it the amount of such unpaid rental. If at any time the Lessee shall be in default in an amount as much as six months' rental, or if the Lessee fails or refuses to comply with this lease contract or breaches any of the covenants or conditions thereof, the State, at its option, may declare this lease forfeited and take such steps as required by law for approval of lease to such other party or for such other method of operation as the State may elect, and after execution of such action the State may apply the remaining security deposited as damages on account of the forfeiture, as far as the same may go. If upon the termination or expiration of this lease, Lessee shall have well and truly performed the undertakings of this lease, any bonds of the United States on deposit with the State shall be returned to the Lessee. FIVE : The Lessee agrees that it will at all times during the continuance of this lease keep and maintain said railroad, including all of its structures, equipment and appurtenances used in connection therewith, including facilities added to the property of the State under Sections One, Six and Thirteen of this contract, in a condition at least equal to that of the main line of railroads within the State of Georgia which are classified from time to time by the Interstate Commerce Commission as Class I Railroads, and adequately adapted efficiently, safely and expeditiously to serve the public as a common carrier; PROVIDED, that if during the period of this lease the Lessee owns, operates or controls a competing line or lines of railroad between Chattanooga, Tennessee, and Atlanta, Georgia (including, but not limited to, the line of the Southern Railway between Atlanta, Georgia and Chattanooga, Tennessee and the line of the Central of Georgia Railway between Atlanta, Georgia and Chattanooga, Tennessee, via Griffin, or any combination of

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said lines) said Lessee during such period of ownership, operation or control of such competing line or lines: (1) shall maintain the tracks and facilities of the Western Atlantic Railroad in sufficiently good condition to permit the safe passage of railroad equipment of gross weights not less than those shown on the following table permitted on said Western Atlantic Railroad and at speeds not less than those shown on Louisville Nashville Railroad, Western Atlantic Division, Operating Timetable No. 2, dated October 29, 1967: Freight Cars263,000 lb. gross weight on 4 axles, having a distance between the face of the coupler and the center of the truck of 6 feet 3 inches; having an axle spacing in the truck of 5 feet 8 inches; and having a coupled length of 47 feet 6 inches. 315,000 lb. gross weight on 4 axles, having a distance from the face of the coupler to the end axle of 3 feet 6 inches; having an axle spacing in the truck of 6 feet 0 inches; and having a coupled length of 54 feet 0 inches. 394,500 lb. gross weight on 6 axles, having a distance between the face of the coupler to the end axle of 3 feet 8 inches; having an axle spacing in the truck of 5 feet 6 inches; and having a coupled length of 73 feet 10 inches. Locomotives396,000 lb. gross weight (type 6-6 locomotives) 265,000 lb. gross weight (type 4-4 locomotives) Axle Loadings66,000 lb. gross weight per axle; (2) shall not reduce or alter the passenger service operated on the Western Atlantic Railroad below the levels in effect thereon on December 27, 1969, without first securing regulatory commission approval, but only if such approval is required by applicable laws in effect at the time of the proposed change;

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(3) shall not reduce the frequency of local freight and switching service available to shippers located on the Western Atlantic Railroad below the levels in effect thereon on December 27, 1969, without first securing regulatory commission approval, but only if such approval is required by applicable laws in effect at the time of the proposed change; (4) shall endeavor to so maintain the volume of through freight movement on the Western Atlantic Railroad so that for each year of the lease the ratio of the total freight car-miles of all traffic moving the entire distance between Chattanooga, Tennessee and Atlanta, Georgia over the Western Atlantic Railroad to the total freight car-miles of all traffic moving the entire distance between Chattanooga, Tennessee (including Ooltewah and Cohutta) and Atlanta, Georgia (including Griffin) over the competing line or lines of the Lessee shall be not less than such ratio for the year 1966. The Lessee shall furnish to the State Properties Control Commission, not later than April 1 of the following year, a written report of such total freight car-miles on both the Western Atlantic Railroad and said competing line or lines for the preceding calendar year. If in any year such freight movement on the Western Atlantic Railroad falls below such ratio, the Lessee shall furnish to the State Properties Control Commission, not later than April 1 of the following year, full explanation of such reduction in traffic and what steps are being taken to rectify such situation. In event of such reduction, the Lessee specifically agrees to undertake such added solicitation and reasonable internal routing as may be indicated by the circumstances to be needed to offset such reduction in traffic. If such situation persists as long as two consecutive additional years without explanation therefor satisfactory to the State the Lessee shall, at the option of the State, be deemed to have breached this condition of this lease and to be subject to the penalty and forfeiture provisions of Section Four hereof. For the purpose of this section through freight movement shall be considered to be the freight cars moving between the switching district at Atlanta (including Griffin) and

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Chattanooga (including Ooltewah and Cohutta) and the mileage of such freight cars which originate or terminate at points on the line of road between these switching districts shall not be included in establishing this ratio. In the event trackage rights covering the entire line from Chattanooga to Atlanta would be granted by the Lessee to others the total freight car-miles generated by such traffic moving the entire distance between Chattanooga and Atlanta may be included for the purpose of establishing the ratios of traffic volume required under this section; (5) Lessee further agrees that it will exert its best efforts in good faith to obtain the location of new industries, as well as the expansion of existing industries, upon the Western Atlantic Railroad to the same extent that it solicits the location and/or expansion of industries along the lines of railroad which it owns, operates or controls. Lessee shall furnish to the State Properties Control Commission, not later than April 1 of the following year, a written report for the preceding calendar year of industries located or expanded on both the Western Atlantic Railroad and the lines of railroad which it owns, operates or controls; (6) Lessee further agrees that it will comply fully and in all respects, except for emergency detours, with routing instructions received from shippers requesting or directing that their shipment be forwarded in whole or in part over the Western Atlantic Railroad and will not prefer its own competing lines in the movements of traffic routed by shippers. SIX: It is further agreed as a part of the consideration of this contract of lease that, in addition to and exclusive of such expenditures as may be required for the proper repair and maintenance of said railroad and its properties, the Lessee shall during the period of this lease credit to an account called Additions and Betterments of the Western Atlantic Railroad not less than $3,000,000. It is intended that $2,000,000 of

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said Additions and Betterments shall be expended (and charged to said account) at a rate of not less than $400,000 per five-year period beginning on January 1, 1970. The remaining $1,000,000 of said $3,000,000 may be expended by the Lessee as and when deemed by it expedient and desirable. At the end of each such five-year period, any unexpended portion of the $400,000 scheduled to be expended and charged to said account during that period shall be expended during the subsequent five-year period and failing to be spent during this period will be paid over to the State at the expiration of said subsequent period at the time that the report hereinafter in this section required is made. If, at the termination of the lease by maturity or for any cause prior to maturity, the Lessee shall have expended and charged to said Additions and Betterments account less than an average of $120,000 per year during the term the lease has run when terminated, the amount of any deficiency not so expended and charged shall be paid over to the State, less such sums as shall theretofore have been paid over to the State under the terms of the next preceding paragraph. Should the amount charged to such account be greater than the amount determined by multiplying $120,000 by the number of years the lease has run, the State does not agree to make, nor does the Lessee expect to receive, any payment by reason of such differences, except in the event that due to unforeseen circumstances or technological improvements in the railroad transportation industry conditions would indicate that extraordinary expenditures for additions and betterments should prudently be made, the conditions above will not preclude the Lessee from seeking the permission and the participation of the State in making and paying for such extraordinary additions and betterments, nor preclude the State from granting such permission and so participating. It is agreed and stipulated that expenditures for one or more of the following purposes shall qualify as expenditures

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for charge to the account of Additions and Betterments of the Western Atlantic Railroad: (1) Expenditures for additions and betterments to the property of the Western Atlantic Railroad and the total expenditures for these purposes shall not be less than $2,250,000 during the term of the lease; (2) The cost of acquisition by Lessee during the term of this lease of rights-of-way diverging from the Western Atlantic Railroad property and of construction thereon by Lessee of tracks and other structures used for railroad operating purposes, for the purpose of providing railroad access to present or new shippers or receivers of freight. Said right-of-way, tracks, and other structures will become the property of the State at the time they are constructed and will be charged to the account of Additions and Betterments of the Western Atlantic Railroad. However, should the expenditures for said items covered in this paragraph exceed $750,000 at the termination or expiration of this lease, the State shall select from all such projects built during the term of this lease which of said rights-of-way and tracks it desires to retain up to the original cost of construction of $750,000 and Lessee agrees that these selected rights-of-way and tracks shall continue to be the property of the State provided that the State shall not have the right to designate for retention less than the entirety of any given property and tracks and structures thereon. Should the election of this option by the State as stated above in this paragraph result in transfer of ownership of certain parcels of property, rights-of-way or track structures, such transfers and adjustments in ownership will be made at the expiration or termination of this lease. Any additional such right-of-way, tracks and structures acquired by the Lessee during the term of this lease which are not selected for retention by the State as outlined above shall become the property of the Lessee but as such become subject to purchase by the State as required by the provisions of Section Thirteen of this lease contract.

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Amounts so charged to the Additions and Betterments account shall be as determined by the Uniform System of Accounts for Railroad Companies, as prescribed by the Interstate Commerce Commission at the time of the respective charges, except that when the line of road is improved or clearances are increased, the gross amount expended, less salvage, shall be credited. All additions and betterments so made and charged against said account and all other lands, tracks and structures so acquired or constructed and charged against said account, shall thereupon be and become the property of the State of Georgia, and shall become subject to the provisions of this lease, without abatement of or deduction from rent and without offset of any kind or character whatsoever. For purposes of this lease, improvement to line of road shall include, but not be limited to, projects whereby tracks, switches, signals or other facilities are relocated for the purpose of improving the operating or the maintenance characteristics of the railroad, reduction or elimination of curves and grades, elimination of tunnels or bridges and removal of tracks from an unstable subgrade to a more stable subgrade. The Lessee shall annually, on or before the 20th day of April in each and every year, prepare and file with the State Properties Control Commission, a statement showing in detail the character and extent of the improvements, betterments and additions claimed to have been made by the Lessee during the preceding calendar year ended December 31, which statement shall show the specific character of each expenditure and the amount thereof for which credit is claimed by the Lessee. The said State Properties Control Commission shall examine such statement and account, and if found correct shall endorse approval thereon within sixty (60) days after submission thereof and file the same with the records of the Western Atlantic Railroad. If the said State Properties Control Commission shall question the correctness or propriety of the statement or

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of any item or charge contained therein, and if it shall fail to come to an agreement with the Lessee with respect thereto, the matter in dispute shall be submitted to arbitration in the manner as is now provided in the laws of the State of Georgia in Sections 7-201 to 7-224, both inclusive, of the Code of Georgia of 1933. SEVEN: It is understood and agreed that in making improvements and betterments for the use and operation of the Western Atlantic Railroad the Lessee shall, insofar as it properly may, construct and maintain the same upon the property of the State, to the end that the integrity of the Western Atlantic Railroad for the uses of transportation shall be preserved and facilitated. EIGHT: The State will give its consent to the revision and doubletracking of the line as deemed desirable by Lessee, and will cooperate in securing the land necessary therefor, at the expense of Lessee. It is understood and agreed that no substantial departure in the route or direction of the line of railroad, nor abandonment or discontinuance of any part of the line as now constructed and operated, shall be made or permitted without the previous consent of the State. NINE: It is hereby determined and declared by the State and the Lessee that nothing contained in this agreement is intended to exempt from ad valorem taxes or subject to ad valorem taxes the interests of Lessee created by this agreement. In the event said properties or any interests therein are declared subject to ad valorem taxation of whatsoever nature in Georgia, by a final decision of a court of competent jurisdiction, then any such sums or taxes, including any interest and penalties occasioned by the actions or defaults of the State, shall be the responsibility of the State and be paid by the State. Lessee agrees it will defend against any effort to levy ad valorem taxes on said property and interests therein, and that Lessee will prosecute and defend any necessary appeals to the highest State Court having jurisdiction in the matter. Lessee agrees that it will promptly

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notify the State upon receipt of notice of any intention to impose ad valorem taxes and the State may, at its option, elect to join Lessee in defending against such imposition, to intervene in any proceedings related thereto, or take such other action with respect thereto as it deems necessary or proper. In the event said property or any interests therein are once declared to be subject to ad valorem taxation by a decision of a court of competent jurisdiction, Lessee agrees that it will promptly notify the Governor and the General Assembly if then in session, and if not then in session, will notify the Governor, of such decision, and the State shall have until ten days after the conclusion of the next succeeding regular annual meeting of the General Assembly, or thirty days after the entry of such final decision, whichever occurs later, to pay such sums or taxes, or to settle, adjust, compromise, or provide for by legislation, such sums or taxes, and if not so paid or resolved within such time, then thereafter any such sums or taxes, whether for that or any subsequent period, may be paid by the Lessee and shall be deemed a payment, pro tanto, of rent, and rent provided for in Section Four of this lease shall be reduced by the amount of such sums or taxes paid by the Lessee. It is further understood, covenanted and agreed that the Lessee shall, during the entire term of this agreement, pay all taxes (other than the ad valorem taxes referred to hereinabove), specifically including, but not limited to, income taxes, and governmental charges, on or for the operation of said property. In addition the Lessee shall pay all tax assessments and governmental charges as may be imposed during the term of said agreement by the Government of the United States, and Lessee shall be required, and hereby obligates itself, to pay on all of that portion of the properties covered by this agreement and lying within the State of Tennessee all taxes and assessments that may be legally levied under the laws of said State. It is specifically agreed further that the rolling stock, equipment and other property owned by the Lessee and used in connection with the operation of the properties herein conveyed, shall all

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be subject to taxation as other like property is taxable in the State of Georgia. It is further understood, agreed and declared, that where the words grant, grantee, grantor, lease, sublease, sublet, lessor, lessee, sublessee, tenant, rent, rental, and words of similar nature are used in this agreement, they are used for purposes of identification and convenience of expression. TEN: The Lessee shall not sublet the property leased hereby, or any part thereof, except (1) such as is not needed for railroad purposes, (2) for use as a rapid transit project or projects as defined in the Metropolitan Atlanta Rapid Transit Authority Act of 1965, as amended, or (3) where said subletting is made for a railroad purpose of the Lessee, including the location on said property or part thereof of a business or industry utilizing the subleased property in whole or in part for the shipping or receiving of freight moving over the Western Atlantic Railroad; PROVIDED, that no part of the properties referred to in paragraphs (B), (C), (D) and (E) of the Exceptions in Section One of this lease shall be sublet without the prior consent of the State Properties Control Commission. Where any property is so sublet pursuant to the provisions of this section a copy of such sublease and any subsequent amendments thereto shall be promptly supplied to the State Properties Control Commission for its records. No such subletting shall extend beyond the term of this lease, whether by expiration of time, forfeiture or other cause; nor shall any sublease give rise to any privity of contract as between the sublessee and the State; nor introduce a new party to this contract, nor relieve the Lessee of any duty, obligation or requirement imposed upon it by law or by this contract of lease. The Lessee shall pay to the State an amount equal to one-half of the net rental received (being the gross rental, less those expenses directly attributable to the property and which the contract of sublease provides

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shall be paid by Lessee) by the Lessee for each sublease made by Lessee and this payment shall be considered as an additional rental to that amount required by Section Four of this lease. All permanent improvements, betterments or additions in, to or on the property so subleased made by the Lessee or its tenants shall become, upon the expiration of this lease, the property of and belong to the State. Should the Lessee elect to sublease all or any part of (1) the space over the tracks below the level of 23 feet above the top of rails of any track or (2) within 18 feet in a horizontal distance of the centerline of any track south of the Magnolia Street viaduct in Atlanta or (3) within 18 feet in a horizontal distance of the centerline of any main track north of the Magnolia Street viaduct in Atlanta, the Lessee agrees to pay to the State all of the rental received for that portion of the space so sublet. ELEVEN: The granting by Lessee to other carriers of trackage rights over the Western Atlantic Railroad or any part thereof, shall not be construed as a subleasing of the property such as is forbidden by Section Ten of this lease and Lessee agrees to grant trackage rights to other railroads over the tracks of the Western Atlantic Railroad at all points where such rights were in effect on December 27, 1969. Should the Lessee be other than the one leasing the Western Atlantic Railroad immediately prior to December 28, 1969, Lessee agrees that, at the request of said former lessee or the State, it will grant to said former lessee trackage rights over the Western Atlantic Railroad on traffic moving (a) from Atlanta and beyond to Chattanooga and beyond, and vice versa, (b) from beyond Junta on the LN RR and connections to Atlanta and beyond, and vice versa, (c) from beyond Elizabeth on the LN RR and connections to Atlanta and beyond, and vice versa,

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under terms and conditions generally observed in the railroad industry in the granting of rights of similar nature. Except as provided above, Lessee shall not grant trackage rights over the Western Atlantic Railroad or any part thereof without the prior consent in writing of the State. The Lessee agrees to pay to the State one-half of that portion of the rentals received from the grant of any and all trackage rights over the Western Atlantic Railroad or any part thereof which are computed on the basis of a percentage return on capital investment in the railroad and facilities so utilized, or similar basis; such payment to be considered as an additional rental to that amount required in Section Four of this lease. The Lessee is to retain all of that portion of the rentals received from the grant of such trackage rights which are computed on a wheelage or other use basis, where such rental payments are designed and designated to reimburse the Lessee for a fair proportion of amounts paid or incurred by it in conformity with accounting principles contained in the Uniform System of Accounts for Railroad Companies, as prescribed by the Interstate Commerce Commission at the time of the respective charges, for maintenance, operating and other expenses. Such trackage rights use of the tracks and property of the Western Atlantic Railroad shall always be subject to all of the duties, obligations and liabilities of Lessee to the State under this contract of lease; and it is further understood and agreed that no contract or agreement for any servient use of the tracks or railway facilities of the Western Atlantic Railroad, granted by Lessee to any other person, shall be construed as introducing a new party to the contract between Lessee and the State; and every such servient use shall be subject in all respects to this contract of lease, and as between the State and Lessee such servient use shall be regarded as being the use by Lessee through its agent or tenant.

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TWELVE: There is hereby expressly reserved to the State the power, exercisable on reasonable notice to the Lessee, to authorize the laying out, building and construction by others or by itself (hereinafter in this section referred to as `grantees') of such ways, streets, roads, bridges, viaducts, pipe lines, sewers, electric or communication lines and other utilities (except that no such authorization shall be granted for a crossing which would intersect any railroad tracks on the property and which is intended for use by a carrier, other than by highway, of freight or passengers), across or along (hereinafter called crossings) the property herein leased as may be deemed by it to be in the interest of the people of Georgia, without liability on the part of the State over to the Lessee by abatement of lease money or otherwise, provided that the Lessee may establish, except as against the State, reasonable standards for terms of existence, compensation (except that no compensation shall be charged in the case of road crossings), service charges to Lessee and indemnity of Lessee. The Lessee may establish for all grantees reasonable standards for construction, clearances, maintenance and safety of said crossings, and other provisions necessary to assure the safe, convenient, expeditious, economical and healthful operation of the railroad, which standards shall be embodied within a written contract between such grantee and Lessee in the usual form of contract from time to time used by Lessee for such crossings elsewhere on its railroad lines and provided further that all crossings (with the exception below as to road crossings) and all equipment and structures used in conjunction therewith will be constructed and maintained without cost to the Lessee. Where road crossings are involved the Lessee will participate in the cost of construction and maintenance of grade crossing protection devices but to no greater extent than required by law from time to time of other railroads in the State of Georgia in like situations on their lines in Georgia. Where such road crossings involve grade separation structures the State shall be responsible for any portion of the cost of construction of such grade separation structures chargeable to the Western Atlantic Railroad and the Lessee

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shall participate in the cost of maintenance thereof, but to no greater extent than required by law from time to time of other railroads in the State of Georgia in like situations on their lines in Georgia. The reservation to the State of said power of authorization shall not be exclusive, and Lessee may, as it may from time to time deem proper, authorize such laying out, building and construction of such crossings. Lessee will within sixty (60) days following final approval thereof by Lessee furnish to the State Properties Control Commission for its records a copy of each contract so entered into by the Lessee and any grantee. Nothing herein or in any authorization given by the State shall operate to prevent Lessee from recovering from any such grantee (which term grantee for the purposes of this sentence only shall not include the State) or other person, firm or corporation compensation for and reimbursement of any loss, expense or damage suffered by Lessee by reason of any such authorization or by reason of the actions or omissions of such grantee or their employees, agents or servants or by reasons of the actions or omissions of any other person, firm or corporation or their employees, agents, or servants, following the grant of such authorization. It is the intention of the parties that this Section Twelve shall provide only for crossings giving access across the railroad right-of-way. It is not intended that longitudinal encroachments be allowed on the right-of-way except as they may be required in the proper design of a transverse crossing. THIRTEEN: In the event that expenditures for acquisition of rights-of-way and for construction as described in Paragraph (2) of Section Six of this lease shall not remain charged to Additions and Betterments account as provided in said Section Six, the State shall have the option of purchasing any such tracks and structures used for railroad operating purposes, built for the purpose of providing access to industries, owned by Lessee

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or by a subsidiary company of Lessee and diverging from the property of the Western Atlantic Railroad, together with the underlying rights-of-way upon which these tracks and such other structures are constructed, should said rights-of-way be owned by Lessee or by a subsidiary company of Lessee. Said option shall be exercised not more than six months following termination or expiration of this lease. Should the State elect to exercise its right to purchase these additional tracks and such other structures and the underlying rights-of-way, such purchase shall be in accordance with the following conditions, to wit: (1) The State shall, not later than six (6) months after the expiration or termination of this lease give to Lessee notice of its desire to acquire such property. (2) If Lessee is willing to sell such property to the State, its reasonable value at the time the notice of such desire to purchase is given to Lessee, shall be paid by the State of Georgia, and in the event the parties hereto cannot agree as to such reasonable value, the amount thereof shall be determined by arbitration as now provided in Sections 7-201 to 7-224, both inclusive, of the Code of Georgia of 1933. (3) In the event Lessee is unwilling to sell any parcel or piece of property which the State gives notice it desires to purchase, the respective rights of each shall be determined by arbitration under the aforesaid sections of the Code of Georgia. The arbitrators shall first determine whether Lessee shall be required to sell said parcel or piece of property, in determining which the arbitrators shall give consideration to the necessity of each party for the use of said property or any portions thereof. Should said arbitrators determine that Lessee should not, if unwilling, be required to sell the whole of said parcel or piece or any portion thereof, then said arbitration shall be final as provided in said Sections of the Code of Georgia. Should, on the other hand, said arbitrators determine that Lessee should, though unwilling, be

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required to sell the whole of said parcel or piece of property, then said arbitrators shall be authorized to proceed to fix a reasonable value to be paid by the State. Should said arbitrators determine that the said parcel or piece of property should be divided between the parties hereto, then they shall proceed to assign to each the particular portion thereof which, in their judgment, each should have, and shall also fix the reasonable value of the portion so assigned to the State, which value shall then become the amount to be paid by the State. Should the arbitrators determine that said parcel should be so divided, then Lessee may require the State, as a condition to purchasing that part assigned to it by the arbitrators, to purchase the entire parcel or piece of property at the reasonable value thereof, that value, in like manner to be determined by the arbitrators. The option provisions of this Section shall apply only to acquisitions and construction taking place during the term of this lease, provided, that nothing in this lease shall be construed as giving to the State the right of option to any tracks or other structures used for railroad operating purposes constructed during the term of the lease on property owned prior to the beginning of this lease by the Lessee or by any company affiliated with or subsidiary to said Lessee and constructed for use directly in connection with any facility owned prior to the beginning of this lease by the Lessee or by any company affiliated with or subsidiary to said Lessee. (4) It is further agreed that whenever the Lessee shall acquire and be prepared to enter upon the use of any property of the character of that contemplated and referred to in this Section, it shall within ninety (90) days thereafter furnish to and file with the State Properties Control Commission a statement or report setting out a description of the property, it location, its contemplated use and the purchase price thereof. If the property shall have been acquired upon a consideration other than the payment of money, such consideration, together with the value of the property, shall be stated.

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FOURTEEN: The right is hereby expressly reserved to the State to remove and cause to be discontinued any or all encroachments and other adverse uses and occupancies in and upon the right-of-way or upon other properties of the Western Atlantic Railroad, or any part thereof, whether maintained under claim of lawful right or otherwise; and to this end Lessee hereby consents that the State may withhold delivery of possession, or right of possession to Lessee of such parts of the right-of-way and other properties as may be so adversely used and occupied, until such encroachment and other adverse uses and occupancies shall have been removed or discontinued; and the State of Georgia shall undertake to remove and cause the discontinuance of such encroachments, uses and occupancies, acting therein in its own name and behalf as the owner of the property. It is further understood and agreed that Lessee will, if and when so requested, join with the State and become a party to any proceeding, judicial or otherwise, that may be instituted by and on behalf of the State for the purpose of freeing the right-of-way and property of the Western Atlantic Railroad from all adverse uses and occupancies; provided that nothing herein shall be construed as applying to the tenants and licensees of the present Lessee. The State agrees that it will, at the written request of Lessee, as from time to time may be made, undertake to remove such encroachments and other adverse uses and occupancies and cause them to be discontinued. It is understood and agreed that when such adverse uses and occupancies shall have been removed by judicial proceedings or otherwise the use of the same for the remaining period of the lease shall inure to the benefit of Lessee to the same extent as the other portions of the right-of-way and properties herein conveyed shall inure to it under the terms and provisions of this contract. FIFTEEN: Should, during the term of this lease, any building or other structure now upon the property of

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the State included in this lease, or any building or other structure hereafter constructed thereon, be damaged or destroyed by fire or other casualty, the Lessee shall advise the State Properties Control Commission in writing within sixty (60) days following such damage or destruction and if such building or structure be then reasonably needed for railroad operating purposes, Lessee binds and obligates itself to restore such building or structure, within a reasonable time, in substantially as good condition as previous to said damage or destruction, provided, that Lessee shall not be required to replace or restore any building or structure which may have been built wholly or partially on said State property by parties other than Lessee, prior lessees or the State. SIXTEEN: It is expressly agreed that this lease is made subject to the aforesaid Acts and Resolutions of the General Assembly of Georgia authorizing the making of this lease and that if any of the terms or conditions in this lease are found to be deficient or in conflict or inconsistent with any of the terms or provisions of the aforementioned Acts or Resolutions of the General Assembly, in such event the terms and provisions of said Acts and Resolutions shall govern and control, and all other terms, conditions and provisions of this lease shall continue in full force and effect the same as if such statutory terms and provisions had been expressed herein. SEVENTEEN: The State may, at its option, and by delivering to Lessee prior to January 1, 1992 written notice of the exercise of such option, renew this lease on the same terms and conditions as herein contained, for an additional twenty-five year term commencing on January 1, 1995. Should the State determine not to exercise said option, then in that event the State will extend to Lessee the right to renew this lease for a rental and conditions which are fair and reasonable. The State agrees to advise Lessee prior to December 31, 1992, but not before January 1, 1992, of reasonable terms and conditions upon which the State will renew the lease, which advice shall constitute an offer to lease upon such terms and conditions. Lessee agrees to advise the State

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within six months after notification of the State's proposed terms if they are acceptable by Lessee, which notification may contain alternative proposed terms and conditions. If such alternative proposed terms and conditions are so contained, the parties shall endeavor in good faith, to negotiate a satisfactory lease. Should such good faith negotiations not result in agreement upon a further lease, nothing herein shall prohibit Lessee from subsequently bidding on or seeking renewal of the lease in competition with others or through further and later negotiation with the State. EIGHTEEN: The State, at the time of the execution of this lease contract, represents that the land and improvements thereon comprising the railroad herein leased, are complete in all respects and in good serviceable condition, ready for operation. The Lessee shall receive the road and roadbed, stations and other property of the Western Atlantic Railroad in its condition at the time this lease contract is executed, ordinary and natural wear and tear until the expiration of the present lease excepted. The State Properties Control Commission shall, not later than one year prior to the effective date of this lease, with such expert assistance as it may deem advisable, carefully examine the road, roadbed and its appurtenances, and prepare a full and complete report of the condition of the same, and a copy of such report will be furnished to the Lessee. NINETEEN: The Lessee shall keep adequate records and books of account, classified in accordance with the Interstate Commerce Commission rules and regulations governing the accounting of Class I carriers by railroad, showing all items of whatever nature that are material to this lease contract in connection with the performance thereof. The Lessee shall also maintain such other adequate records as will be sufficient to allow determination of compliance with the provisions of this lease. In addition, the Lessee will supply the State with two complete sets of valuation maps of the Western Atlantic Railroadone set for the Georgia Public Service Commission

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and one set for the State Properties Control Commissionwith such maps to be kept current by the filing of revisions thereto of changes made in the railroad property and tracks. Such revised maps shall be filed not later than April 1 of each year. TWENTY: The Western Atlantic Railroad shall be identified and operated as a division or sub-division of Lessee's railroad system and the principal office of said division or sub-division shall be within the limits of the State of Georgia. TWENTY-ONE: The Lessee shall permit inspection of the Western Atlantic Railroad by the authorized representatives of the State, identified by writing delivered or exhibited to the Lessee, at reasonable times. The Lessee shall be notified in writing of any deficiencies noted under the terms of this lease contract. TWENTY-TWO: Where delegation is made herein to the State Properties Control Commission or the Georgia Public Service Commission for the performance of any duties in connection with this lease, the State reserves the right through appropriate action by the General Assembly of the State of Georgia to appoint such other authority as it may designate to perform such duties. TWENTY-THREE: It is recognized by the parties hereto that Metropolitan Atlanta Rapid Transit Authority, hereinafter called Transit, may wish, during the term of this lease, to occupy, for purposes of a public rapid transit system, a portion of the surface of the property herein leased. The portion as to which such occupancy may be desired is shown on maps prepared by Parsons, Brinckerhoff, Tudor and Bechtel, Nos. 10.01.01 and 10.01.02, dated June 22, 1967, on file in the office of the Secretary of the State Properties Control Commission and identified by the Secretary's signature as being those referred to in this section. Lessee agrees that it will allow Transit access at reasonable times to the parcel described on said maps prepared

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by Parsons, Brinckerhoff, Tudor and Bechtel for the purpose of surveying, making soils analysis, and performing necessary engineering and design efforts, so long as such access shall not, in the judgment of Lessee, interfere with the operations and convenience of the Lessee or other occupants of the parcel. Lessee agrees that Transit may, upon complying with all of the following conditions precedent, take occupancy of the said portion of the surface: 1. Transit shall deliver to Lessee written notice of its intention to occupy said portion of the surface, said notice to be given not less than six (6) months prior to the time that Transit shall wish to commence the work described in paragraph 2 (a) immediately following. 2. Transit shall enter into a written agreement with Lessee in which Transit, in form and content satisfactory to Lessee, shall agree as to Lessee, successor lessees and other operations of railroad service over the railroad lines described herein that: (a) Transit shall, at no cost to Lessee, successor lessees or other operators of railroad service over the railroad lines described herein, relocate any tracks, buildings, other structures, and appurtenances to all the foregoing, to locations, and in accordance with plans and specifications approved by Lessee. The work of relocation shall be performed at such reasonable times as may be established by Lessee. The term relocation shall include construction of such new facilities, (including provisions for access to the new and relocated facilities), as may, in the opinion of Lessee, be required in order that service rendered on or from the properties described in this lease shall neither be impaired nor disadvantaged. (b) Transit shall indemnify them, their sublessees and licensees, jointly and severally, against and hold them, their sublessees and licensees, harmless from any loss, expense or damage (including loss, expense or damage as a result of interference with the operations of one or

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more of them, their sublessees and licensees) suffered, directly or indirectly, by them, their sublessees or licensees from or by reason of acts or omissions of Transit, its agents, employees, servants, or independent or other contractors during the work of survey, analysis, testing and necessary engineering and design efforts, the work of relocation and thereafter. Upon completion of said work of relocation, Transit may take possession of said portion of the surface and thereupon said portion shall, ipso facto, be removed from this Lease and Lessee shall have no further obligation to the State in respect of such portion. As to that track presently designated on Western Atlantic Railroad Station Map LN 301-V-1/S-1-A as Track No. 12, Lessee agrees that, if said track be relocated in the course of construction of Transit's system, it shall be relocated to that location on Western Atlantic Railroad property shown in red on that certain drawing No. 7.12.01 prepared by Parsons, Brinckerhoff, Tudor and Bechtel, bearing date February 21, 1967 (Rev. 111-16-67), on file in the office of the Secretary of the State Properties Control Commission and identified by the Secretary's signature as being that map referred to in this sentence. Nothing in this Lease shall be construed to authorize Transit to use any portion of the surface without the previous express permission of the State following payment by Transit to the State of such compensation as may hereafter be determined to be due the State by reason of such proposed use. The parties hereto recognize that the Metropolitan Atlanta Rapid Transit Authority may wish to use certain other portions of the subject railroad properties in the corporate limits of the City of Atlanta and in the counties of Fulton and Cobb for the purpose of a rapid transit project or projects as defined in the Metropolitan Atlanta Rapid Transit Authority Act of 1965, as amended. The State is desirous of cooperating with the said Transit

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Authority in planning, designing and constructing a rapid transit system, and it is the desire of the State in executing this lease that the Lessee will undertake to give its prompt, full and good faith cooperation to said Transit Authority, consistent with the maintenance of safe, efficient and economical railroad service to the public, as it undertakes to establish a rapid transit system in Metropolitan Atlanta. TWENTY-FOUR: The State and the Lessee recognize that the consummation, terms, conditions, covenants and performance of this lease will be subject to the applicable provisions of the Interstate Commerce Act and to other applicable provisions of the law. As soon as practicable but not more than ninety (90) calendar days after the date of execution of this lease contract, Lessee shall make application to the Interstate Commerce Commission for an order authorizing it to lease and operate the Western Atlantic Railroad under the terms and conditions herein set forth. Any provisions herein to the contrary notwithstanding, this lease contract shall not take force and effect, nor shall either party have any responsibility hereunder (except to make application to the Interstate Commerce Commission as in this section provided) or be liable to the other until there shall have become effective an order of the Interstate Commerce Commission authorizing Lessee to lease and operate the Western Atlantic Railroad pursuant to the provisions of this lease contract on terms and conditions that are entirely acceptable to the State and to the Lessee, each acting in its sole discretion. It is specifically agreed that all provisions contained in this lease as of the date of execution by Lessee are so entirely acceptable to the State and to the Lessee and that the only terms and conditions that either the State or the Lessee has the right to consider further shall be those terms and conditions imposed by any order of the Interstate Commerce Commission in proceedings instituted seeking authorization and approval of this lease or which are changed, altered, deleted, added or affected

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directly or indirectly by any such order of the Interstate Commerce Commission in such proceedings or which shall impose on the State or the Lessee any additional conditions or requirements beyond those contained in this lease. As used in this paragraph, the word affected shall not be deemed to include authorization and approval of this lease as a whole by the Interstate Commerce Commission. It is further agreed that if either party hereto is of the opinion that any such order of the Interstate Commerce Commission does so change, alter, delete from, add to, or affect, directly or indirectly, any provision of this lease, or impose on the State or on the Lessee any additional conditions or requirements beyond those contained in this lease, then such party shall, within thirty days after receipt of such an order, so advise the other party. The notice of such advice shall also contain a notice stating whether such advising party wishes to negotiate with the other party to the end of reaching agreement as to the continued effectiveness of this lease as it may have been required to be changed, altered, diminished by deletions, added to or otherwise affected. In the event the advising party wishes so to negotiate, and gives notice to that effect, the parties shall promptly commence such negotiations. If agreement shall be reached, this lease shall be appropriately amended, and a supplemental application, pleading or other document appropriate in the circumstances shall be promptly submitted by Lessee to the Interstate Commerce Commission. IN WITNESS WHEREOF, the said, as Governor of the State of Georgia and Chairman of the State Properties Control Commission, has hereunto attached his official signature and caused to be affixed the great seal of the State of Georgia and the seal of the State Properties Control Commission, in behalf of said State, in duplicate, and Lessee, LOUISVILLE AND NASHVILLE RAILROAD COMPANY, has signed and executed this contract and has affixed its seal if any,

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thereto, also in duplicate, on the day and year above written. STATE OF GEORGIA BY As governor and as Chairman of the State Properties Control Commission Attest: As Secretary of the State Properties Control Commission Signed, sealed and delivered in the presence of: NOTARY PUBLIC LOUISVILLE AND NASHVILLE RAILROAD COMPANY Lessee By /s/ W. H. Kendall /s/ President Attest: Signed, sealed and delivered in the presence of: /s/ Philip M. Lanier /s/ /s/ F. R. Wilton /s/ Notary Public, Jefferson County, Ky. My commission expires December 5, 1969 NOTARY SEAL /s/ C. Hayden Edwards Secretary

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APPENDIX A List of Railroad Properties and Facilities referred to in Additions paragraph of Section One of Lease (Page 11). Category CIndustrial Tracks Connection with the Western Atlantic Railroad in which the Louisville Nashville Railroad has investment in track materials (right-of-way either industry-owned or public property) City or Station Name of Company or Industry Track No.(s) Serving Valuation Section Number Cost to L N off W A R/W (see Note 1) Atlanta Coca-Cola Co. 185 78+04 $ 481.88 Atlanta Coca-Cola Co. 186 78+04 1,104.48 Atlanta Fulton Warehouse 4 101+82 990.98 Atlanta Central Metal Hide Co. 255 116+26 148.63 Atlanta Whitaker Oil Co. (McQueen Solvents) 487 221+07 823.56 Atlanta E. I. DuPont 70 out 69 LN to furnish access to E. I. DuPont (Track 70) through Waterworks Spur (Track 69) 1,376.55 Marietta Southland Ice 703 1090+95 103.97 Acworth Coats Clark, Inc. 704 1793+24 [UNK] [UNK] 2,742.40 Acworth Mooravian Pulpwood Co. 705 1802+51 [UNK] Cartersville Georgia Pipe Co. 707 2475+94 1,649.37 Cartersville J. W. Hodge (Harris Prod., Inc.) 707-A out 707 at 1+22 230.27 Cartersville Harris Products, Inc. 619 out 707 at 6+14 500.03 Cartersville Kerr-McGee Oil, Inc. 708 2499+48 1,619.85 Cartersville Kerr-McGee Oil, Inc. [UNK] [UNK] Cartersville Duncan Wholesale Co. [UNK] 709 out 708 at 2+12 4,343.89 [UNK] Cartersville Cannon Craft Co. [UNK] Cartersville The Moore Co. 622 out 709 at 13+45 2,378.21 Cartersville Bartow Seed Feed [UNK] [UNK] Cartersville Knights Mercantile Co. [UNK] 710 2508+58 652.46 [UNK] Cartersville Cotton Producers Assn. [UNK] [UNK] Cartersville Candlewick Yarn Mills [UNK] Cartersville Southland Ice Co. 713 2509+43 [UNK] [UNK] $ 1,621.49 Cartersville Team Track 714 2514+46 [UNK] Adairsville Smith Bros. [UNK] [UNK] 724 3602+88 503.60 Adairsville C. M. Worthington [UNK] Calhoun Team Track 725 4112+67 717.20 Calhoun Unused Track 727 4174+21 708.26 Calhoun Moss Builders Supply [UNK] [UNK] Calhoun Farmers Mutual Exchange [UNK] [UNK] 726 4157+57 [UNK] Calhoun Moss Gin Feed Co. [UNK] [UNK] [UNK] [UNK] Calhoun Echota Cotton Mill [UNK] [UNK] 8,283.83 [UNK] Calhoun Echota Cotton Mill 644, 645 out 726 [UNK] Dalton Sinclair Refining Co. 729 5230+75 52.04 Dalton Sims Textile Warehouse [UNK] [UNK] 730 5236+30 269.94 Dalton Retail Service, Inc. [UNK] Dalton Acme Lumber Supply Co. [UNK] [UNK] 731 5254+05 553.82 Dalton Bowen Bros. [UNK] Dalton *Crown Cotton Mills 652 * * Connects with track No. 732 owned by industry. 493.02 Dalton *Crown Cotton Mills 651 * 221.86 Dalton Unused (M. D. Smith) 728 5215+74 481.41 Tyner Adair McCarty Co. 704 6806+72 1,548.77 Chattanooga Lead Track 712 7085+02 $ 649.99 Chattanooga Cherokee Warehouse 6 out 712 at 8+25 [UNK] [UNK] 2,469.06 Chattanooga Cherokee Warehouse 7, 8 out trk. 6 [UNK] Note 1The figures show under the heading Cost are as of August 31, 1967. They are subject to change upward or downward, and to complete elimination, after such date.

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Category DLead tracks and team tracks connecting with Western Atlantic Railroad where both tracks and right-of-way are owned or controlled by Louisville Nashville Railroad; also industrial tracks connecting with such lead tracks City or Station Name of Company or Industry Track No.(s) Serving Valuation Section Number Cost to L N off W A R/W (see Note 1) Atlanta Lead Track (154 out 116 [UNK] $ 5,343.09 Atlanta Southern Hide Co., Poineer Boneless [UNK] [UNK] Beef, McClure-Burnett, Foundation [UNK] [UNK] Whse. Terminal, Stockyard Teamtrack [UNK] 700 135+96 [UNK] [UNK] 2,722.62 Atlanta Lead Track 5 out 116 [UNK] Atlanta Stock lead 116 145+78 1,938.23 Atlanta Lead Track 485-A 228+70 Atlanta Swift Co. 148 out 485-A at 227+10 *4,217.33 Atlanta Swift Co. 8 out 148 *2,668.66 Atlanta Swift Co. 30 out 148 *3,779.49 Atlanta Swift Co. 149 out 485-A at 226+35 *3,446.14 Atlanta Swift Co. 481 out 485-A *9,189.29 Atlanta Lead Track 553 191+64 [UNK] [UNK] Southland [UNK] 102,908.94 Industrial District [UNK] Lead Track 111 out 553 [UNK] (see Note 2) (Southland Industrial District) Standard Textile Mills Warehouse 111 Ind. Ex. out 111 at 52+0 (Southland Industrial District) Lead Track 111-C out 111 at 20+47 14,661.27 (Southland Industrial District) Empire Distributing 111-C Ind. Ex. Ex. 111-C (Southland Industrial District) Walro Realty Co. (R.C.A.) 111-D out 111-C at 7+48 1,269.76 (Southland Industrial District) D. H. Overmeyer (The Dayco Corp.) 111-E out 111-C at 14+52 2,469.20 (Southland Industrial District) National Blank Book Company 111-F out 111-C at 7+00 2,902.92 (Southland Industrial District) J. P. Realty Co. (Howard Paper Co.) 111-B out 111-C at 15+69 2,396.14 (Southland Industrial District) Lead Track 110 out 111 at 26+34 42,050.74 (Southland Industrial District) Anderson McGriff Co. 110 Ind. Ex. Ex. 110 (Southland Industrial District) Weyerhaeuser Co. 110-A out 110 at 10+13 3,340.59 (Southland Industrial District) D J Realty 110-B out 110 at 16+14 11,494.28 Est. (Southland Industrial District) Lead Track 114 out 111 at 27+34 32,914.40 (Southland Industrial District) Masonite Corporation 114 Ind. Ex. Ex. 114 (Southland Industrial District) Sacco Corp (Pennick Fort, Ltd.) 130 out 114 at 9+53 2,217.15 (Southland Industrial District) Lead Track 126 out 114 at 11+05 2,795.62 (Southland Industrial District) Cherokee Invest. Co. (Mobiliner Tire Co.) 126 Ind. Ex. Ex. 126 (Southland Industrial District) E. L. Moon (Owen Corning Fiberglass) 114-B out 114 at 14+30 3,012.96 (Southland Industrial District) Realty Co. of Ga. (Howard Paper Co.) 114-A out 114 at 18+78 6,247.69 (Southland Industrial District) Ben J. Massell (Hotpoint Div.) 114-C out 114 at 19+75 2,406.79 Atlanta Anderson-McGriff 118 out 111 at 42+58 1,152.58 (Southland Industrial District) Lead Track 119 out 111 at 28+24 18,238.74 (Southland Industrial District) K. D. Holding Co. (Rheem Mfg. Co., Mod. Whse.) 119 Ind. Ex. Ex. 119 (Southland Industrial District) Lead Track 120 out 111 at 45+00 [UNK] [UNK] 27,988.99 (Southland Industrial District) Lead Track 132 out 120 at 6+07 [UNK] (Southland Industrial District) Westinghouse Elec. Co. (Lockheed 120 Ind. Ex. Ex. 120 Aircraft Corp. [UNK] (Southland Industrial District) T. B. Mimms (Fiber Corp.) and 132 Ind. Ex. Ex. 132 (Gate City Service) 124 out 120 at 2+89 (Southland Industrial District) Lead Track 1,481.89 (Southland Industrial District) Kasa Investment Co. (U.S. Plywood) 124 Ind. Ex. Ex. 124 (Southland Industrial District) Lead Track 122 out 120 at 7+61 2,493.56 (Southland Industrial District) Chatta. Southern Corp. (Reynolds Metals Co.) 122 Ind. Ex. Ex. 122 (Southland Industrial District) Westinghouse Elec. Co. (Lockheed Aircraft Corp.) 120-A out 120 at 13+61 (Southland Industrial District) Lead Track 123 out 111 at 47+20 3,727.57 (Southland Industrial District) Southeastern Facilities Co. (General Cable Corp.) 123 Ind. Ex. Ex. 123 (Southland Industrial District) Lead Track 127 out 111 at 29+25 13,966.07 (Southland Industrial District) Lead Track 152 out 127 at 4+12 20,093.01 (Southland Industrial District) Burger King Properties 152-A out 152 at 5+80 3,090.10 (Southland Industrial District) Hugh M. Marx (Piedmont Paper Co.) 152-B out 152 2,622.64 (Southland Industrial District) Lead Track 153 out 152 at 6+39 (Southland Industrial District) Freight Delivery Service 77,520.24 (Southland Industrial District) Northside Corp. (Marquette Mfg.) 153-A, 153-B out 153 (Southland Industrial District) Lead Track 127-A out 127 at 5+55 202.01 (Southland Industrial District) Wellston Co. (U.S. Post Office) 131 out 127 at 7+59 2,144.47 (Southland Industrial District) Lead Track 131 Ind. Ex. Ex. 131 (Southland Industrial District) Trammell Crow (Accusti Engr. Co.) 125 out 127 at 14+20 1,836.04 (Southland Industrial District) Lead Track 125 Ind. Ex. Ex. 125 (Southland Industrial District) A Ad Company, Inc. (Alcan Aluminum Corp.) 128 out 127 at 15+83 2,813.81 (Southland Industrial District) Walworth (Somerville Paper Co.) 128 Ind. Ex. Ex. 128 (Southland Industrial District) Lead Track 129 out 127 at 18+50 1,973.67 (Southland Industrial District) Lead Track 113 out 111 at 37+24 (see Note 2) 113-A out 113 1,876.58 Atlanta O'Neal Steel Co. 113-A Ind. Ex. Ex. 113-A $ (Southland Industrial District) Lead Track 112 out 111 at 45+18 (see Note 2) (Southland Industrial District) National Dist. Co. 112 extended (Southland Industrial District) Addison-Rudesal, Inc. 112-B out 112 at 3+25 1,396.70 (Southland Industrial District) Southern Baptist Conv. (Reynolds Metal) 112-A out 112 at 11+40 928.12 Bolton Lead Track (also Ga. Power Co.) 733 400+12 152,012.45 Bolton Ga. Power Co. 654 out 733 Bolton Ga. Power Co. 733-A out 733 39,175.44 Bolton Ga. Power Co. 733-B Bolton Southern Cement Co. 655 out 733 148,721.82 North Atlanta Lead Track (also Overmeyer) 736 419+05 L N has easement to R/W for indefinite period. 14,304.90 North Atlanta D. H. Overmeyer 736-A out 736 4,880.91 North Atlanta Olympic Manufacturing Co. 736-B out 736 3,275.00 Marietta Lead Track Marietta Sinclair Refining Co. Marietta Daniel Concrete Co. 701 1035+59 4,033.05 Marietta Gulf Oil Corporation Marietta Standard Oil Co. Marietta Glover Machine Works (vacant) [UNK] Marietta Team Trauk 603 out 701 at 8+75 [UNK] 11,966.50 Marietta Team Track 604 out 701 at 8+32 Marietta Team Track 605 out 701 at 7+81 1,173.84 Marietta Grover Coal Co. 601 out 701 at 12+98 * * Track materials only. Industry owns R/W 971.46 Marietta Glover Machine Works (vacant) 602 out 701 at 17+68 * 1,637.42 Marietta Nunn-Better Industries 606 out 701 at 18+43 * 2,872.30 Cartersville Lead Track 706 2468+41 7,434.43 Cartersville Chemical Products Corporation 617 out 706 at 13+65 * 934.47 Cartersville Chemical Products Corporation 617-A, 617-B out 617 Cartersville J. R. Dillinger 612 out 706 at 16+50 Cartersville Union Carbide Corporation 653 out 706 at 18+14 2,254.12 Cartersville Thompson-Weinman Co. 616 out 706 at 27+60 1,011.94 Cartersville Chemical Products Corporation 614 out 706 at 28+62 * 999.01 Cartersville Bartow Gravel Co. 615 out 706 at 29+45 $ 647.44 Cartersville Thompson-Weinman Co. 613 out 706 at 30+17 1,195.64 Cartersville Lead Track 656 out 706 at 12+00 [UNK] [UNK] Includes track materials in track 656-C. Industry owns R/W for track 656-C. 26,623.23 Cartersville William Davies Co. 656-C out 656 at 39+59 Cartersville TL Warehouse Co. 656-F out 656-C at 41+22 4,196.99 Est. Est. Estimated Cartersville William Davies Co. 656-A out 656 at 40+89 2,868.24 Cartersville Union Carbide Corp. 656-D out 656 at 5+45 2,669.68 Cartersville Farmers Mutual Exch. Cotton Prod. 656-E out 656 at 30+21 2,789.02 Cartersville T. W. Duncan (Duncan Wholesale Co.) 656-B out 656 at 33+85 2,679.72 Cartersville Lead Track 711 2498+09 5,441.56 Cartersville Ore Loading Track Cartersville Aker Coal Co. 625 out 711 * 861.00 Kingston Lead Track 717 Kingston Kingston Concrete Products Co. Chickamauga Lead Track 725 6684+21 21,847.52 Chickamauga Southeast Polymers, Inc. 725 Ind. Ex. Ex. 725 Chickamauga Martin Shaw (Jewel Tea Co.) 28 out 725 at 12+06 3,146.58 Chickamauga Lead Track 720 6703+59 13,185.97 Chickamauga 720 Ind. Ex. Ex. 720 Chickamauga J. Gilbert Stein (D. H. Overmeyer) 30 out 720 13,256.50 Chickamauga Industrial Lead (road crossing) 26 out 720 * 3,710.56 Chickamauga Moore-Handley 29 out 720 at 6+67 10,138.47 Tyner Tyner Spur Lead Track 718 6803+20 139,647.93 Tyner Volunteer Army Ammunition Plant Farmers Chemical Assn., Inc. 718 Ind. Ex. Ex. 718 Tyner Van Heusen Corporation 27 out 718 at 55+30 2,000.44 Tyner Team Track 15 out 718 at 72+41 4,583.59 Tyner Standard Oil Co. (Esso) 14 out 718 at 77+99 851.26 Tyner Shell Oil Co. 21 out 14 at 4+30 Tyner Standard Oil Co. 22 out 14 at 11+79 East Chattanooga Lead Track 721 6999+15 2,438.44 East Chattanooga C. J. Patterson (Holsum Bread Co.) 721 Ind. Ex. Ex. 721 East Chattanooga Fleet Transport, Inc. 721 Ind. Ex. Ex. 721 $ East Chattanooga Grant-Patton Milk Co. 24-B out 721 at 3+28 East Chattanooga East Chattanooga Coal Co. East Chattanooga E. R. Carpenter Co. 721-A out 721 at 5+71 2,167.99 East Chattanooga Chattanooga Tfr. Storage Co. 25 out 721 at 7+63 1,727.59 Note 1The figures shown under the heading Cost are as of August 31, 1967. They are subject to change upward or downward, and to complete elimination after such date. Note 2Investment of $102,908.94 includes lead tracks 553, 111, 112 and 113.

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Category EYard Facilities FOR CATEGORIES A AND B SEE TRACK FACILITIES LISTATTACHED TO OFFICIAL LEASE MAPS OF THEWESTERN ATLANTIC RAILROAD. City or Station Name of Facility Track No. (s) Serving Cost to L N off W A R/W(see Note Note This figure includes work in progress at August 31, 1967. Of the above total, $658,595.21 represents the automobile facility; and $892,547.04 the piggyback facility. 1) Atlanta Tilford Yard Multiple $14,353,299.73 Approved March 4, 1968. COMPILER'S NOTE: On March 4, 1968 the above lease was signed by Lester Maddox, as Governor and as Chairman of the State Properties Control Commission; and by Ben W. Fortson, Jr., as Secretary of the State Properties Control Commission.

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LAND CONVEYANCE TO BALDWIN COUNTY BOARD OF EDUCATION. No. 102 (House Resolution No. 492-1063). A Resolution. Authorizing the conveyance of certain real property located in Baldwin County, Georgia, to the Baldwin County Board of Education; and for other purposes. Whereas, there is a certain tract of land located in Baldwin County, Georgia, containing 28.627 acres which is owned by the State of Georgia and is under the control and management of the Georgia Forestry Commission; and Whereas, said tract of land is more particularly described as follows: All of that certain tract or parcel of land situate, lying and being in the 321st Militia District, in Baldwin County, Georgia, the same lying on and along the northwestern side of Georgia State Highway number 49, and being located approximately one-half mile from the western city limit line of the City of Milledgeville, the same containing 28.627 acres, and being more specifically described as follows: Beginning at a point located on said northwestern property line of Georgia State Highway number 49, said point being marked by a concrete monument set in the ground, and said point being located at the point of intersection of a projection of the center line of Sycamore Road and aforesaid northwestern property right-of-way line of Georgia State Highway number 49, thence from said point of beginning proceeding south 76 degrees 20 minutes west, along said northwestern property right-of-way line of Georgia State Highway number 49, a distance of 11.0 feet to a point; thence south 74 degrees 52 minutes west, along said northwestern property right-of-way line of Georgia State Highway number 49, a distance of 354.0 feet to a point and common land corner marked by a concrete monument set in

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the ground; thence north 2 degrees 38 minutes west, along the common land line separating the lands herein described and conveyed and lands of the Board of Regents of the University System of Georgia, a distance of 1736.9 feet to a point and common land corner marked by a concrete monument set in the ground, and said point being located on the center line of that certain unopened one-hundred foot proposed road; thence south 87 degrees 21 minutes east, along said center line of said proposed road, a distance of 756.6 feet to a point marked by a concrete monument set in the ground; thence continuing along said center line of said proposed road, in a curving arc, a distance of 394.0 feet to a point and common land corner marked by an iron pin set in the ground; thence south 24 degrees 55 minutes west, along the common land line separating the lands herein described and conveyed and lands of the Georgia Forestry Commission, a distance of 1676.4 feet to the point of beginning. The above described tract of land is more specifically shown on and conveyed in accordance with a plat from an actual survey thereof by Calvin W. Rice, Registered Georgia Surveyor Number 58, on December 20th, 1967.; and Whereas, said tract of land is no longer of any use to the Georgia Forestry Commission or any other agency of the State government, and it is, therefore, surplus property; and Whereas, the Baldwin County Board of Education is desirous of obtaining said tract of land for the purpose of constructing and maintaining school facilities thereon. Now, therefore, be it resolved by the General Assembly of Georgia that the hereinabove described property be and the same is hereby declared surplus, and the Governor, acting for and on behalf of the State of Georgia, is hereby authorized to convey the same to the Baldwin County Board of Education for and in consideration of the sum of two hundred dollars ($200.00) per acre. Be it further resolved that in the event the Baldwin County Board of Education ceases to use said property

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for the purpose of constructing and maintaining school facilities thereon, said Board of Education shall reconvey said property to the State of Georgia for the same consideration of two hundred dollars ($200.00) per acre. Approved March 5, 1968. GEORGIA ADMINISTRATIVE PROCEDURE ACT AMENDEDDISTRIBUTION OF RULES BY SECRETARY OF STATE. No. 657 (Senate Bill No. 299). An Act to amend an Act known as the Georgia Administrative Procedure Act, approved March 10, 1964, (Ga. L. 1964, p. 338), as amended, particularly by an Act approved April 21, 1967, (Ga. L. 1967, p. 893), so as to authorize the Secretary of State to make available the official compilation, Rules and Regulations of the State of Georgia, without charge to solicitors-general of the superior courts; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Georgia Administrative Procedure Act, approved March 10, 1964, (Ga. L. 1964, p. 338), as amended, particularly by an Act approved April 21, 1967, (Ga. L. 1967, p. 893), is hereby amended by striking subsection (d) of section 7 in its entirety and inserting in lieu thereof a new subsection (d) to read as follows: (d) The official compilation, Rules and Regulations of the State of Georgia, and bulletins shall be made available upon request to the heads of all departments, bureaus, agencies, commissions and boards of this State, members of the General Assembly, judges of the supreme court and court of appeals, judges, clerks and solicitors-general of the superior courts free of charge and to other persons

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at a price fixed by the Secretary of State to cover publications and mailing costs. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 5, 1968. REVENUEINCOME TAXESEXCHANGE OF PROPERTY FOR CORPORATE STOCK OR SECURITIES. Code 92-3120 Amended. No. 661 (House Bill No. 1296). An Act to amend section 92-3120 of the Georgia Code of 1933 which is a section of the Income Tax Act of 1931, as amended, dealing with gains and losses under the Income Tax Law on certain property exchanges, stock transfers, corporate organizations, reorganizations and liquidations, by striking subsection (c) dealing with gain or loss on the transfer of property on the organization of a corporation and submitting in lieu thereof a new subsection (c) so as to provide that the gain or loss on property transferred to a corporation shall be handled as provided by section 351 of the Internal Revenue Code of 1954; to amend said section 92-3120 by adding thereto a new subsection so as to provide that certain liabilities may be assumed in certain transfers as provided by section 357 of the Internal Revenue Code of 1954; to amend said section 92-3120 by adding thereto a new subsection so as to specify how exchanges involving foreign corporations shall be handled under that section; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Section 92-3120 of the Georgia Code of 1933 which is a section of the Income Tax Act of 1931, as

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amended, dealing with gains and losses under the Income Tax Law on certain property exchanges, stock transfers, corporate organizations, reorganizations and liquidations, is hereby amended by striking subsection (c) of that section as it now stands and substituting in lieu thereof a new subsection (c) to read as follows: (c) Gain or loss on the transfer of property to a corporation by one or more persons in exchange for stock or securities in such corporation shall not be recognized to the extent that such gain or loss would not be recognized under the provisions of section 351 of the Internal Revenue Code of 1954 as that section exists on the effective date of this Act. When gain not recognized. Section 2. Section 92-3120 of the Code of Georgia of 1933 which is a portion of the Income Tax Act of 1931 relating to gain or loss in exchange of property, corporate stock, and in certain corporate organizations, reorganizations and liquidations is hereby further amended by adding at the end thereof two additional subsections, to be designated subsection (1) and subsection (m) respectively, providing as follows: (1) No gain shall be recognized with respect to the receipt of property in an exchange solely by reason of the fact that, as part of the consideration, another party to the exchange assumes a liability of the taxpayer, or acquires from the taxpayer property subject to a liability, if such assumption or acquisition would not result in the recognition of gain for Federal income tax purposes in accordance with the provisions of Section 357 of the Federal Internal Revenue Code of 1954 as that section exists on the effective date of this Act. (m) In determining the extent to which gains shall be recognized in the case of any of the exchanges described in this section, a foreign corporation, whether or not it is subject to jurisdiction to tax in Georgia, shall not be considered as a corporation if such exchange is in pursuance of a plan having as one of its principal purposes the avoidance

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of Georgia income taxes. The State Revenue Commissioner may by regulation require the giving of written notice to his office of any transactions involving a foreign corporation with respect to which any of the foregoing provisions of this section as to nonrecognition of gain or loss are claimed to be applicable. Section 3. The provisions of this Act shall be effective with respect to transfers and exchanges occurring on or after January 1, 1968. Effective date. Section 4. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 5, 1968. STATE REVENUE COMMISSIONERCOMPENSATION. No. 669 (Senate Bill No. 189). An Act to amend an Act making comprehensive provision for an integrated tax administration of Georgia and creating the Department of Revenue and the office of State Revenue Commissioner, approved January 3, 1938 (Ga. L. 1937-38 Ex. Sess., p. 77), as amended particularly by an Act approved February 17, 1943 (Ga. L. 1943, p. 207), by an Act approved March 25, 1947 (Ga. L. 1947, p. 673), by an Act approved February 21, 1951 (Ga. L. 1951, p. 614), by an Act approved March 24, 1960 (Ga. L. 1960, p. 1185), and by an Act approved February 27, 1962 (Ga. L. 1962, p. 123), so as to change the compensation of the State Revenue Commissioner; to provide for the reimbursement of actual and necessary expenses incurred by the State Revenue Commissioner in carrying out his official duties; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act making comprehensive provision for

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an integrated tax administration of Georgia and creating the Department of Revenue and the office of State Revenue Commissioner, approved January 3, 1938 (Ga. L. 1937-38 Ex. Sess., p. 77), as amended particularly by an Act approved February 17, 1943 (Ga. L. 1943, p. 207), by an Act approved March 25, 1947 (Ga. L. 1947, p. 673), by an Act approved February 21, 1951 (Ga. L. 1951, p. 614), by an Act approved March 24, 1960 (Ga. L. 1960, p. 1185), and by an Act approved February 27, 1962 (Ga. L. 1962, p. 123), 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. Department of Revenue created; State Revenue Commissioner, creation of office, appointment, term, salary, bond, oath . The office of State Revenue Commissioner and the Department of Revenue are hereby created. The Commissioner is hereby made head of the Department of Revenue. The Commissioner shall be appointed by the Governor with the consent of the Senate and shall serve at the pleasure of the Governor. The Commissioner shall receive a salary of $25,000.00 annually, payable monthly, and such salary shall be his total compensation for services as Commissioner, and said Commissioner shall not be entitled to receive a contingent expense allowance; provided, however, said Commissioner shall be reimbursed for all actual and necessary expenses incurred by him in carrying out his official duties. Before entering upon the performance of his duties, he shall execute and file an official surety bond, approved as to form and sufficiency by the Attorney General and amounting to $100,000.00, the premium on which shall be paid by the State. The Commissioner shall be required to take and subscribe before the Governor an oath to discharge faithfully and impartially the duties of his office, which oath shall be in addition to that required of all civil officers. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 7, 1968.

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EDUCATION OF EXCEPTIONAL CHILDREN. No. 670 (House Bill No. 453). An Act to provide that the school boards of any school districts that maintain a recognized public school shall establish and maintain special educational facilities; to provide for the employment of professional workers; to provide that the State Board of Education shall provide for implementation of statewide programs in the public schools for the education of exceptional children and implementation of other educational programs not ordinarily coming within the prescribed curricula of the public schools; to provide the powers and duties of the State Board of Education relative to said programs; to provide for the appointment of an Advisory Council for Exceptional Children; to provide for the establishment of Committees for Exceptional Children; to provide the powers and duties of said Committees; to provide for comprehensive planning; to provide for scholarship grants; to provide for the recruitment of professional workers; to provide for transportation of exceptional children and for itinerant teachers; to provide for definitions; to provide for full implementation; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Meaning of Terms: Unless the context indicates otherwise, the terms used in this Act shall have the meanings ascribed to them in this section. (a) Exceptional Children: Exceptional Children are those who have emotional, physical, communicative, and/or intellectual deviations to the degree that there is interference with school achievements or adjustments, or prevention of full academic attainment, and who require modifications or alterations in their educational programs. This definition includes children who are mentally retarded, physically handicapped, speech handicapped, multiple handicapped, autistic, intellectually gifted, hearing impaired,

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visually impaired, and any other areas of exceptionality which may be identified. (b) Special Education Facilities: Special Education Facilities shall include, but not be limited to, special classes, special housing, special instruction, special rental facilities, braillist and typist for visually handicapped children, transportation, maintenance, instructional materials, therapy, professional consultant services, psychological services, itinerant services, resource services, additional evaluation services and centers, special administrative services, salaries of all required special personnel, and other special education services required by the child because of his exceptionality, if such services are approved by the State Board of Education and the child is eligible therefor under this Act and the regulations of the State Board of Education. (c) Professional Workers: Professional Workers means approved personnel, and shall include, but not be limited to, speech and/or hearing specialists, mobility instructors, special education interns, special education administrators or supervisors giving full time to special education, and teachers of any class or program defined in this Act who meet the requirements of this Act. Section 2. Application of Act: Notwithstanding any other provision of law to the contrary, the provisions of this Act shall apply to the boards of education of all county, independent and area school systems in the State of Georgia. Section 3. Education for Exceptional Children: School boards of any school systems that maintain a recognized public school shall, subject to any limitations hereinafter specified, establish and maintain such special education facilities and employ such professional workers as may be needed for one or more of the types of exceptional children defined by the State Board of Education who are residents of their school district and such children, residents of other school districts, as authorized by this Act.

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Section 4. Powers and Duties of State Board of Education: The State Board of Education shall provide for: (a) implementation of state-wide programs in the public schools of this State for the education of exceptional children as defined by this Act; and (b) implementation of other educational programs not ordinarily coming within the prescribed curricula of the public schools. The State Board of Education is authorized to establish priorities, standards, and criteria for implementation and operation of such programs as the Board may, in its discretion, find necessary or desirable to implement on a statewide basis. Local school systems shall, prior to implementation of such programs by the State Board, implement such programs locally in accordance with criteria and standards prescribed by the State Board. An Advisory Council for Exceptional Children shall be appointed by the State Superintendent of Schools and approved by the State Board of Education. Section 5. Committee for Exceptional Children: There shall be established in each school system a Committee for Exceptional Children. When established, this Committee shall be composed of the local superintendent of the school system, the local coordinator of the program for exceptional children who shall be chairman, and a minimum of five additional people who shall be representative of professions related to special education and who shall be elected by the board of education of the local school system. In cases where two or more school systems wish to combine their services for exceptional children on a cooperative basis, one Committee for Exceptional Children may be formed to serve both school systems. Section 6. Comprehensive Planning: Each school system or combination of school systems shall secure a competent survey of the educational needs of exceptional children in each jurisdiction and shall make an educational plan for these children. This plan shall be presented to the State Department of Education within one year after the passage of this bill. A biennial report shall be made to the State

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Department of Education to indicate the extent to which the plan has been implemented and to report additional planning. Section 7. Scholarships and Recruitment: The State Superintendent of Schools, with the advice of the Advisory Council for Exceptional Children, shall make scholarship grants to persons of good character who are interested in working in programs for the education of exceptional children, for either part-time or full-time study in programs designed to qualify them as professional workers under subsection (c) of section 1 of this Act. Persons who qualify for a scholarship must have earned at least ninety (90) quarter hours of college credit and must be students of a recognized college or university. Part-time students and summer session students may be awarded grants on a prorata basis. All grants shall be made in accordance with rules and regulations prescribed by the State Superintendent of Schools and the State Board of Education. Monies not used in reimbursement of scholarship expenses and administration shall be used to recruit professional workers for programs of education of exceptional children through further training at graduate and undergraduate levels. Section 8. Non-Local Education for Exceptional Children: If an exceptional child cannot be educated in his local school system on criteria established by the State Board of Education, his parents may seek educational programs appropriate to the child's needs. Upon application to the Program for Exceptional Children, State Department of Education, and upon approval of said agency, the school or agency educating the exceptional child shall be reimbursed for tuition, fees, transportation, and books, not to exceed the cost of educating that type of exceptional child of an identical age in Georgia public schools. This section excludes those multiple handicapped children for whom special appropriation is provided because of the severity of their disabilities.

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Section 9. Transportation of Exceptional Children and Itinerant Teachers. When it is deemed necessary, in the best judgment of the local Committee for Exceptional Children, said Committee shall include in its planning and shall recommend to the local school board the free transportation of said pupils. The school boards of local districts shall be reimbursed for the cost of said transportation when State funds are appropriated for this purpose. The local school board may permit children in their school district or in any particular grade to attend the schools of other districts when deemed necessary for adequate educational services, and may provide free transportation for such pupils. Where travel is required for itinerant teachers, reimbursement for such travel shall be provided. Section 10. Implementation: It is further provided that the provisions of this Bill shall be fully implemented on or before eight years after the date it becomes law. Section 11. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 7, 1968. EVICTION NOTICES. Code 61-306 Amended. No. 671 (House Bill No. 911). An Act to amend Code section 61-306, relating to notice whenever a warrant has been issued under existing laws for the eviction of an intruder or tenant holding over, as amended, approved February 11, 1957 (Ga. L. 1957, p. 18), so as to change the number of days' notice which will be given to a tenant holding over or an intruder before the officer will proceed with the execution of the

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warrant; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 61-306, relating to notice whenever a warrant has been issued under existing laws for the eviction of an intruder or tenant holding over, as amended, approved February 11, 1957 (Ga. L. 1957, p. 18), is hereby amended by striking the words three days wherever the same shall appear and inserting in lieu thereof the words four days, so that when so amended Code section 61-306 shall read as follows: 61-306. Four days' notice to tenant, etc. Whenever a warrant shall be sued out, under existing laws, for the eviction of any person as an intruder, or as a tenant holding over, it shall be the duty of the officer in whose hands such warrant may be placed, to exhibit the same at once to the defendant, and to give him notice that after the expiration of four days (not counting Sundays or public holidays) said officer will proceed with the execution of such warrant; and unless a counteraffidavit, as provided by law, is filed with said officer within that time, and, in case of tenants holding over, unless bond with good security payable to the landlord, for the payment of such sum, with costs, as may be recovered against him on the trial of the case, shall at the same time be given by the tenant as now required by law, it shall be his duty to proceed forthwith to execute said warrant. Provided, however, that if the officer is unable to personally notify the defendant notice may be given by delivering same to any person sui juris residing on the premises, or if no person is found on the premises, by tacking a notice on the door of the house situated on said premises; and same shall be deemed sufficient notice. Provided further, that if the defendant absconds and has any of his (or her) goods and properties located in a house situated on the premises, it shall be the duty of the officer to break and enter said house for the purpose of

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removing therefrom the defendant's goods and properties at the expiration of four days after notice (not counting Sundays and public holidays) as heretofore provided. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 7, 1968. RATES FOR LEGAL ADVERTISEMENTS. Code 39-1105 Amended. No. 672 (House Bill No. 1122). An Act to amend Code section 39-1105, relating to rates to be allowed to publishers for publishing legal advertisements, as amended, by an Act approved February 15, 1949 (Ga. L. 1949, p. 566), by an Act approved December 18, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 271), by an Act approved February 14, 1964 (Ga. L. 1964, p. 77), and by an Act approved March 10, 1965 (Ga. L. 1965, p. 174), so as to change the rates to be allowed to the publishers for publishing legal advertisements under certain circumstances; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 39-1105, relating to rates to be allowed to publishers for publishing legal advertisements, as amended, by an Act approved February 15, 1949 (Ga. L. 1949, p. 566), by an Act approved December 18, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 271) by an Act approved February 14, 1964 (Ga. L. 1964, p. 77) and by an Act approved March 10, 1965 (Ga. L. 1965, p. 174), is hereby amended by striking said Code section in its entirety and substituting in lieu thereof a new Code section 39-1105 to read as follows:

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39-1105 . The rates to be allowed to publishers for publishing legal advertisements shall be as follows: For each 100 words, the sum of $2.50 for each insertion for the first four insertions; for each subsequent insertion, the sum of $1.50 per 100 words. In all cases fractional part shall be charged for at the same rates; and no ordinary, sheriff, coroner, clerk, marshal or other officer shall receive or collect from parties, plaintiff or defendant, other or greater rates than herein set forth. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 7, 1968. STATUTE OF LIMITATIONSIMPROVEMENTS TO REAL PROPERTY. No. 673 (Senate Bill No. 214). An Act to provide a statute of limitations on certain actions to recover damages for deficiencies in connection with improvements to real property, for injury to person or property, real or personal, or for wrongful death arising out of any such deficiency; to provide for an extension of this statute of limitations under certain circumstances; to provide when the limitations prescribed by this Act may not be asserted as a defense; to repeal conflicting laws if any; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. No action to recover damages: (1) for any deficiency in the survey or plat, planning, design, specifications, supervision or observation of construction or construction of an improvement to real property, (2) for injury to property, real or personal, arising out of any such deficiency, or

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(3) for injury to the person or for wrongful death arising out of any such deficiency, shall be brought against any person performing or furnishing the survey or plat, design, planning, supervision or observation of construction, or construction of such an improvement more than eight years after substantial completion of such an improvement. Section 2. Notwithstanding the provisions of section 1 of this Act, in the case of such an injury to property or the person or such an injury causing wrongful death, which injury occurred during the seventh or eighth year after such substantial completion, an action in tort to recover damages for such an injury or wrongful death may be brought within two years after the date on which such injury occurred (irrespective of the date of death) but in no event may such an action be brought more than ten years after the substantial completion of construction of such an improvement. Section 3. Nothing in this Act shall extend the period of limitations prescribed by the law of this State for the bringing of any action or postpone the time as of which a cause of action accrues. Section 4. The limitation prescribed by this Act shall not be asserted as a defense by any person who would otherwise be entitled to its benefits but who is in actual possession or control, as owner, tenant, or otherwise, of such an improvement at the time any deficiency of such an improvement constitutes the proximate cause of the injury or death for which it is proposed to bring an action. Section 5. As used in this Act, the term person shall mean an individual, corporation, partnership, business trust, unincorporated organization, association, or joint stock company. Section 6. As used in this Act the phrase substantial completion shall mean the date when construction was sufficiently completed, in accordance with the contract, as

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modified by any change order agreed to by the parties, so that the owner could occupy the project for the use for which it was intended. Section 7. Any laws and parts of law in conflict with this Act are hereby repealed. Approved March 8, 1968. GEORGIA RETAILERS' AND CONSUMERS' SALES AND USE TAX ACT AMENDEDAGRICULTURAL EXEMPTIONS. No. 674 (Senate Bill No. 314). An Act to amend an Act known as the Georgia Retailers' and Consumers' Sales and Use Tax Act, approved April 20, 1951 (Ga. L. 1951, p. 360), as amended, particularly by an Act approved March 14, 1963 (Ga. L. 1963, p. 132), so as to exempt certain desiccants and feed for livestock or poultry when used either directly in tilling the soil or in animal or poultry husbandry from the tax imposed by said Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Georgia Retailers' and Consumers' Sales and Use Tax Act, approved April 20, 1951 (Ga. L. 1951, p. 360), as amended, particularly by an Act approved March 14, 1963 (Ga. L. 1963, p. 132), is hereby amended by striking subsection (b) of section 3(c)2 in its entirety and inserting in lieu thereof a new subsection (b) to read as follows: (b) Seed, fertilizers, insecticides, fungicides, rodenticides, herbicides, defoliants, soil fumigants, plant growth regulating chemicals, desiccants (including shavings and

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sawdust from wood, peanut hulls, fullers earth, straw and hay) and feed for livestock or poultry when used either directly in tilling the soil or in animal or poultry husbandry. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 8, 1968. STATE DEPARTMENT OF AIR TRANSPORTATION. No. 675 (Senate Bill No. 234). An Act to establish the State Department of Air Transportation; to provide for a short title; to define certain terms; to provide that the Department shall be under the direction of the State Board of Air Transportation; to provide for the membership of the Board; to provide for their terms of office and compensation; to provide for reappointment; to provide for filling vacancies; to provide for the election of officers by the board; to provide that the appointive members of the Board shall be appointed by their respective appointing officers within a certain period of time; to provide that the Governor shall call the organizational meeting of the Board within a certain period of time; to provide that the Governor shall preside at the organizational meeting of the Board; to provide for the appointment of the Director of the Department; to provide for the qualifications and duties of the Director; to provide that all state aircraft shall be managed and maintained by the Department; to provide for the cost for the use of such state aircraft and the charges therefor; to provide for the powers and duties of the Department; to provide for the powers and duties of the Board; to provide that no agency other than the Department shall be authorized to expend state funds to purchase, lease, rent or charter, maintain or repair state aircraft or to employ a person whose official duties consist of piloting state aircraft; to provide that all personnel shall be governed by an Act creating the

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State Board of Personnel Administration; to provide for the location of the administrative offices and maintenance facilities of the Department; to provide for the purchase of state aircraft; to provide an effective date; to repeal specific laws; 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 State Department of Air Transportation Act. Short title. Section 2. Unless clearly indicated otherwise by the context, the following words when used in this Act, for the purposes of this Act, shall have the meanings respectively ascribed to them in this section: (a) Department means the State Department of Air Transportation. Definitions. (b) Board means the State Board of Air Transportation. (c) State aircraft means any aircraft, including equipment, owned, leased, rented or chartered by the State Department of Air Transportation. Section 3. There is hereby established in the Executive Department of State Government a budget unit to be known as the State Department of Air Transportation. Created. Section 4. The Department shall be under the direction of the State Board of Air Transportation consisting of nine members. The Governor and the Director of the Budget Bureau shall be ex officio voting members of the Board. The Governor shall appoint three other members of the Board who shall be actively engaged in the air transportation industry at the time of their appointment. The members appointed by the Governor shall serve at the pleasure of the Governor. The President of the Senate shall appoint two members of the Senate as members of the Board. The Speaker of the House of Representatives shall

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appoint two members of the House of Representatives as members of the Board. The terms of office of the legislative members of the Board shall be two years and their terms shall be concurrent with their membership in the General Assembly. All members shall be eligible for reappointment. All members shall continue to serve until their successors are appointed and qualified. The Board shall elect a chairman and other officers at its first meeting each calendar year. Vacancies for an unexpired term shall be filled in the same manner as appointments. Members of the Board shall receive no compensation for their services but shall receive actual expenses incurred in the performance of their official duties. The legislative members of the Board shall be paid from funds appropriated to or available to the legislative branch of government. Members, etc. Section 5. The appointive members of the board shall be appointed by the Governor, President of the Senate, and Speaker of the House of Representatives as provided herein within sixty (60) days after this Act is approved by the Governor or otherwise becomes law. The Governor shall call an organizational meeting within thirty (30) days after all members have been appointed and shall notify the members in writing of the time and place of such organizational meeting. The Governor shall preside at the organizational meeting. Organizational meeting. Section 6. The Board shall appoint the Director of the Department and fix his compensation with the advice and consent of the Governor. The Director shall serve at the pleasure of the Board. The person appointed to the position of Director shall possess and maintain a current Air Transport Rating. The Director shall assist the Board in the performance of its powers and duties as the Board shall provide and supervise the operation of the Department in accordance with the policies and directives established by the Board. Director. Section 7. All state aircraft required for the proper conduct of the business of the several administrative departments, boards, bureaus, commissions, authorities, offices or other agencies of the State of Georgia and authorized

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agents of the General Assembly, or either branch thereof, shall be managed and maintained by the Department. The cost for the use of such state aircraft shall be charged by the Department to the using agency. The amount of such charge shall be determined by the Department. State aircraft. Section 8. The Department shall have the following powers and duties: (1) To supervise, maintain and schedule all state aircraft. (2) To maintain a detailed record of all flights made by state aircraft. Department powers. (3) To initiate a proficiency program for pilot employees. (4) To establish priorities concerning the use of state aircraft. (5) To execute such contracts as may be necessary to carry out the provisions of this Act. (6) To assign special purpose state aircraft and personnel to any other department or agency of State Government. Section 9. The Board shall have the following powers and duties: Board powers. (1) To promulgate such rules and regulations as may be necessary to effectuate the purposes of this Act. (2) To establish a timetable for bringing all state aircraft under the provisions of this Act. (3) To conduct at least six (6) meetings during each calendar year. Section 10. No department, board, bureau, commission, authority, office or other agency of the State of Georgia

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shall be authorized to expend state funds to purchase, lease, rent, charter, maintain or repair state aircraft to be used in connection with State business or to employ a person whose official duties consist of piloting state aircraft, except the State Department of Air Transportation. Limitations on State Departments. Section 11. The Supervisor of Purchases shall purchase all aircraft for the State Department of Air Transportation in the same manner as other State purchases. Supervisor of purchases. Section 12. All personnel, except the Director, employed by the Department shall be governed by the rules of position classification, appointment, promotion, demotion, dismissal, transfer, qualifications, compensation, seniority privileges, tenure and other employment standards established by an Act creating the State Board of Personnel Administration, approved February 4, 1943 (Ga. L. 1943, p. 171), as now or hereafter amended. Employees. Section 13. The following laws and parts of laws are hereby specifically repealed in their entirety: (a) An Act revising, consolidating and superseding the laws of this State relative to game and fish, approved March 7, 1955 (Ga. L. 1955, p. 483), as amended particularly by an Act approved March 9, 1956 (Ga. L. 1956, p. 590), and an Act approved April 6, 1961 (Ga. L. 1961, p. 564), is hereby amended by striking the first paragraph of section 20 in its entirety. Acts repealed. (b) An Act comprehensively revising and superseding the laws relating to the Georgia Forestry Commission, approved March 1, 1955 (Ga. L. 1955, p. 309), as amended, is hereby amended by striking section 32 in its entirety. (c) An Act authorizing the State Highway Department to purchase an airplane to be used for aerial photography and reconnaissance, approved February 15, 1952 (Ga. L. 1952, p. 183), is hereby repealed in its entirety. (d) An Act creating the Department of Commerce (now the Department of Industry and Trade), approved February

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7, 1949 (Ga. L. 1949, p. 249), as amended particularly by an Act approved March 17, 1959 (Ga. L. 1959, p. 262), an Act approved March 6, 1962 (Ga. L. 1962, p. 694), and an Act approved March 3, 1964 (Ga. L. 1964, p. 181), is hereby amended by striking the last sentence of section 6 in its entirety. Section 14. The provisions of sections 1 through 6 of this Act shall become effective immediately upon its approval by the Governor or its otherwise becoming law. The remaining provisions of this Act shall become effective when funds are appropriated or otherwise made available to effectuate the purposes of this Act, or on July 1, 1969, whichever occurs first. Effective dates. Section 15. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 8, 1968. MINIMUM FOUNDATION PROGRAM OF EDUCATION ACT AMENDED. No. 676 (House Bill No. 546). 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 provide that each student in the public schools of the State of Georgia, upon attaining the age of seventeen years, shall be apprised of his right to register as an elector and vote in elections upon attaining the age of eighteen years; to provide that the State Board of Education shall promulgate rules and regulations to carry out said requirement; to provide that an excused absence of a student, not to exceed one school day, shall not be counted against any local unit of administration in ascertaining average daily attendance; 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 Minimum Foundation Program of Education Act, approved January 24, 1964 (Ga. L. 1964, p. 3), as amended, is hereby amended by adding after section 56 and before section 57 a new section to be known as section 56A to read as follows: Section 56A. Each student in the public schools of the State of Georgia, upon attaining the age of seventeen years, shall be apprised of his right to register as an elector and vote in elections upon attaining the age of eighteen years. The State Board of Education shall promulgate rules and regulations to carry out the provisions of this section. An excused absence of a student, as determined by the local unit of administration, not to exceed one school day, shall not be counted against any local unit of administration in ascertaining `average daily attendance'. Voter registratian, excused absences. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 8, 1968. GEORGIA RETAILERS' AND CONSUMERS' SALES AND USE TAX ACT AMENDEDFARM IMPLEMENTS EXEMPTION. No. 677 (House Bill No. 683). An Act to amend an Act known as the Georgia Retailers' and Consumers' Sales and Use Tax Act, approved February 20, 1951 (Ga. L. 1951, p. 360), as amended, so as to provide for exemptions 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, approved February 20,

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1951 (Ga. L. 1951, p. 360), as amended, is hereby amended by adding to section 3(c)2 a new subparagraph to be designated subparagraph (v) to read as follows: (v) The sale, to persons engaged primarily in producing farm crops for sale, of rubber-tired farm tractors and attachments thereto which are used exclusively in tilling, planting, cultivating and harvesting farm crops, and the sale to such persons of equipment used exclusively in harvesting such crops. For the purposes of this subparagraph, the term farm crops shall include only those crops which are planted and harvested within a twelve month period. Exemption, definitions. Section 2. This Act shall become effective January 1, 1969. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 8, 1968. BOARD OF RECREATION EXAMINERS. No. 678 (House Bill No. 849). An Act to create the Board of Recreation Examiners of the State of Georgia as a division of the Georgia Recreation Commission; to provide for definitions; to provide for the appointment of the members of the board by the Governor with the approval of the Secretary of State and confirmation by the Senate; to provide for meetings of the Board; to provide for the duties and responsibilities of the Board; to provide for the requirements for certification and registration as a Recreation Administrator, Recreation Supervisor, or Recreation Leader; to provide for certain fees in connection with certification and registration; to provide for certain examinations; to provide for the refusal of applications for certification and registration and for the revocation of certificates under certain circumstances; to provide for certification

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and registration without examination under certain circumstances; to provide for the payment of fees into the general funds of the State Treasury; to provide for funds to carry out the provisions of this Act; to provide an effective date; to provide for all procedures connected with the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. As used in this Act, unless the context requires otherwise, the following words shall have the following meaning: (a) Board means the Board of Recreation examiners established under this Act. Definitions. (b) Recreation Administrator means the executive head or assistant to the executive head administering a major recreation or park program, or recreation and park program, for the State or county or municipality or any agency thereof, or for any public institution. (c) Recreation Supervisor means a person responsible for the planning, organizing and supervising of a part of a program administered by a Recreation Administrator. (d) Recreation Leader means a person responsible for implementing of recreation activities under the supervision of a Recreation Administrator or Supervisor. Section 2. There is hereby created as a division of the Georgia Recreation Commission, created by an Act approved April 9, 1963 (Ga. L. 1963, p. 445), the Board of Recreation Examiners of the State of Georgia, which shall consist of five members to be appointed by the Governor, with the approval of the Secretary of State and confirmation by the Senate. Members of the Georgia Recreation Commission and members of the Advisory Council of the Georgia Recreation Commission shall be eligible for appointment as members of the Board of Recreation Examiners created herein. Created, members.

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Section 3. (a) The initial appointment of members by the Governor shall be as follows: One member shall be appointed for an initial term of one year; two members shall be appointed for initial terms of two years; and two members shall be appointed for terms of three years. The Governor shall designate which members shall serve such initial terms at the time the appointments are made. All subsequent appointments shall be for terms of three years. All members shall serve without compensation but shall be entitled to reimbursement for actual travel and maintenance expenses incurred in the performance of their duties. Terms. (b) All members of the board shall serve after the expiration of their respective terms until their respective successors shall be appointed and shall qualify, and vacancies occurring in the membership of the board shall be filled for the unexpired terms only in the same manner that appointments to the board are made. Section 4. (a) The first meeting of the board shall be held at the call of the Governor, and thereafter the board shall meet annually and shall hold at least one additional meeting within each twelve (12) month period. Meetings, etc. (b) At its first meeting and thereafter at each annual meeting, the board shall elect a Chairman and Vice-Chairman from among its membership, but no member shall be elected Chairman for more than two consecutive years. The board may also appoint a Secretary who shall serve for a term of one (1) year and until his successor is appointed and shall qualify. A quorum of the board shall consist of a majority of the membership thereof. Section 5. The board shall have the following duties and responsibilities: (a) Administer a plan of permissive certification and registration for recreation administrators and recreation supervisors. (b) Make such rules and regulations as may be necessary for the carrying out of the plan. Duties.

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(c) Establish and modify qualifications and hold examinations for certification and registration of recreation administrators and recreation supervisors. (d) Keep, or cause to be kept, an accurate record of all its proceedings, including a register of all applicants for certificates and of all individuals to whom certificates are issued. (e) Conduct, or assist in conducting, research and studies of problems relating to professional standards among those engaged in recreation work and recommend changes and improvements therein. (f) Formulate proper application forms, certificates, and other materials pertinent to the plan. (g) Make annually to the Governor a full and true report of all its activities with recommendations. Section 6. No person shall be denied the right to make application for certification and registration or for admission to examination therefor or to receive a certificate because of race or creed. Applications, etc. Section 7. (a) In order to be eligible to take an examination, every applicant for certification and registration as a Recreation Administrator shall: (1) Hold a baccalaureate degree in recreation from a college and have a minimum total of twelve (12) months full time successful recreation experience, or Recreation Administrator. (2) Hold a baccalaureate degree in a field related to recreation from a college, and have a minimum of twentyfour (24) months' successful full time recreation experience, or (3) Hold a baccalaureate degree from a college and have a total of 36 months' successful recreation experience.

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(b) In meeting the above designated qualifications, an applicant may substitute an additional year of specialized graduate training in recreation for one (1) year of successful recreation experience. Section 8. (a) In order to be eligible to take an examination, every applicant for certification and registration as a Recreation Supervisor shall: Recreation Supervisor. (1) Hold a baccalaureate degree in recreation from a college, or (2) Hold a baccalaureate degree from a college in a field related to recreation, and have a minimum total of 12 months' successful recreation experience, or (3) Hold a baccalaureate degree from a college and have a total of 24 months' successful recreation experience. Section 9. In order to be eligible to take an examination for certification and registration as a Recreation Leader, every applicant shall: (a) Hold a high school diploma from a high school and have a minimum total of 24 months' recreation experience, or Recreation Leader. (b) Have completed two years of successful college study and have a minimum total of twelve months recreation experience. Section 10. Each applicant for examination shall file an application with the board on a form provided by the board for that purpose, which application must contain such information that the board may determine therefrom whether or not the applicant has the qualifications, required by this Act, in order to qualify to take such examination, and each application shall be accompanied by an application fee of $10.00 which shall not be returnable in event that the applicant is not admitted to examination or, if admitted, fails to pass the same. Application, fee, etc.

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Section 11. The board shall fix appropriate dates and places for action upon applications and the giving of examinations and shall notify all applicants promptly as to action taken upon such applications and such examination. Examinations. Section 12. Examinations may be given by written, oral, and practical tests, accompanied by interviews and other evaluation aids as shall be determined by the board, and at least two examinations shall be given in each calendar year if an application is made therefor, and every applicant successfully passing an examination shall receive a certificate and be registered accordingly. Same. Section 13. (a) Any Recreation Administrator or Recreation Supervisor or Recreation Leader in office, position or employment on the effective date of this Act, shall be entitled to apply for and receive a certificate, without an examination, qualifying him as Recreation Administrator or Recreation Supervisor or Recreation Leader upon payment of the same fees required of others to become eligible for certification and registration. Persons presently employed. Those persons who would have been qualified to receive a certificate even if this subsection did not exist shall be designated as certified licensed. Those persons who would not have been qualified to receive a certificate if this subsection did not exist shall be designated as licensed. (b) Every person employed, on the effective date of this Act, to perform the duties of a Recreation Administrator or Recreation Supervisor or Recreation Leader, as such duties are defined in this Act, who is not eligible for certification and registration pursuant to the provisions of subsection (a) of this section, shall be entitled to appropriate certification and registration without examination upon the filing of an application accompanied by a fee of $5.00 by not later than January 1, 1970. Those persons who would have been qualified to receive a certificate even if this subsection did not exist shall be designated as certified licensed. Those persons who would

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not have been qualified to receive a certificate if this subsection did not exist shall be designated as licensed. (c) Any person who is in the service of the armed forces of the United States and who was employed to perform the duties of a Recreation Administrator or Recreation Supervisor or Recreation Leader, as such duties are defined in this Act, at the time of his induction into the armed forces, shall be entitled to appropriate certification and registration without examination upon the filing of an application accompanied by a fee of $5.00 within 180 days following an honorable discharge from said armed forces. Those persons who would have been qualified to receive a certificate even if this subsection did not exist shall be designated as certified licensed. Those persons who would not have been qualified to receive a certificate if this subsection did not exist shall be designated as licensed. Section 14. The board may issue temporary certificates in proper cases in which it finds that an emergency exists but such temporary certificates shall contain a statement of the contingencies which exist, how they may be removed and the time limit imposed for such removal and any temporary certificates so issued shall be void after the time so limited therein. Temporary Certificate Section 15. The board may refuse the application of any applicant for an examination or, after due notice and public hearing, refuse to issue a certificate, or revoke any certificate issued by it, if the applicant for, or holder of such a certificate, has: (a) Been convicted of an offense involving moral turpitude, is a drug addict or alcoholic or is mentally incompetent, or (b) Advocated the overthrow of the Government of the United States by force and violence or other unlawful means, or Refusal and revocation of licenses.

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(c) Made any willful statement or impersonated any other person or permitted or aided any other person to impersonate him in connection with any application or examination for certification and registration, or (d) Been found to be inefficient in performing the duties of any position held by him, on the basis of the holding of which experienced qualifications are offered on his behalf. Section 16. Except for temporary certificates issued pursuant to the provisions of section 14, the certificates provided for in this Act shall be non-expiring and shall not be revoked except pursuant to the provisions of section 15 of this Act. If any person holding one type of certificate makes application for and is granted another type of certificate, however, he shall be required to pay a recertification fee of $5.00. Licenses. Section 17. All fees received by the board shall be paid into the general funds of the State Treasury within 30 days after the receipt thereof. Fees. Section 18. The funds necessary to carry out the provisions of this Act shall come from funds appropriated or otherwise available to the Georgia Recreation Commission. Appropriations. Effective date. Section 19. This Act shall become effective on the first day of the month following its approval by the Governor or its otherwise becoming law. Section 20. The office of the Joint Secretary, State Examining Boards, shall have the duty to bring together and keep all records of said Board; to receive all applications for licenses; to schedule a time and place for examinations (with the consent of the Board); to schedule a time and place for all hearings; to issue certificates upon authority of the Board; to collect all fees and to remit same to the State Treasury. Joint Secretary.

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All orders and processes of the Board shall be signed and attested by the Joint Secretary, State Examining Boards, and any notice or legal process necessary to be served upon the Board may be served upon the Joint Secretary, State Examining Boards. The expenses of the Joint Secretary, State Examining Boards, and the expenses and salaries incident to the work of his office shall be paid out of fees remitted to the State Treasurer from the Board. Any and all balances on hand at the end of each year shall be maintained in the State Treasury for the use and maintenance of the Board and the office of the Joint Secretary, State Examining Boards. All persons practicing with a license from the Board shall be required to register annually with the Joint Secretary, State Examining Boards, upon blanks furnished for such purpose. Section 21. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 8, 1968.

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GENERAL APPROPRIATIONS ACT AMENDED. No. 680 (House Bill No. 960). An Act to amend an Act providing appropriations for the fiscal years 1967-68 and 1968-69, generally known as the General Appropriations Act, approved March 17, 1967 (Ga. L. 1967, p. 41), so as to change the appropriations and provisions relative to the fiscal years 1967-68 and 1968-69; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: ARTICLE 1. This Article relates only to changes in the appropriations and provisions relative to the fiscal year 1967-68. Section 1. An Act providing appropriations for the fiscal years 1967-68 and 1968-69, generally known as the General Appropriations Act, approved March 17, 1967 (Ga. L. 1967, p. 41), is hereby amended by striking paragraph B of section 26, relating to the Department of Revenue, in its entirety and inserting in lieu thereof a new Paragraph B to read as follows: B. Grants to CountiesTax Re-Evaluation. For grants to counties in accordance with rules and regulations set up by the Commissioner of Revenue for assisting counties in financing tax re-evaluation studies. 1967-68 $ 100,000.00 Provided that the allocations to objects in the Budget Report, as amended by the supplement thereto, shall be changed to read as follows: 1967-68 Grants to Counties $ 100,000.00 Section 2 . Said Act is further amended by striking section 35A in its entirety and inserting in lieu thereof a new section 35A to read as follows: Section 35. Corrections, State Board of . A. For the administrative expenses of the State Board of Corrections, including the cost of operation of the State Prison System. 1967-68 $ 8,767,000.00 Provided that no funds appropriated in this section or otherwise available, shall be used to pay a salary in excess of the Director's salary, except salaries for physicians. Provided that the allocations to objects in the Budget Report, as amended by the supplement thereto, shall be changed to read as follows: 1967-68 Capital Outlay $ 1,150,000.00 Section 3 . Said Act is further amended by striking paragraph A of section 38, relating to the State Board of Education and the Department of Education, in its entirety and inserting in lieu thereof a new paragraph A to read as follows: A. For matching vocational rehabilitation funds in cooperation with the Federal government; for operation of vocational trade schools; for operation of public and rural library programs; for operation of School for the Deaf and Academy for the Blind; for programs for exceptional children; for grants in aid to the public common schools, under provisions of law; for free textbooks for children attending public common schools; for the salaries of county school superintendents; for the operating costs of the Department; for educational grants, including the grants to teachers for scholarships, as provided by law; and for any other expenses authorized by law, payable from the common school funds. Education. 1967-68 $ 294,794,399.00 Provided that the allocations to objects in the Budget Report, as amended by the supplement thereto, shall be changed to read as follows: 1967-68 Personal Services $ 15,985,127.00 Operating Expenses $ 14,760,691.00 Maintenance Operation and Sick Leave $ 27,059,469.00 Mid-Term Adjustments $ 934,291.00 Isolated Schools $ 66,135.00 Alto Maintenance, Operation and Sick Leave $ 16,972.00 Public Library Services and Materials $ 1,912,118.00 Contingency Fund $ -0- Driver Education Summer Program $ -0- Fellowships and Traineeships for Teachers of Exceptional Children $ 69,690.00 Teachers Salaries $185,854,965.00 School Lunch Operations (Manners, Nutrition, Health and Hygiene) $ -0- Supplements for School Lunch Managers $ -0- Adult Basic Education $ 334,231.00 Provided that none of the funds appropriated above may be used to initiate or commence any new program or project that would require operating funds or capital outlay funds beyond the present biennium, unless such program or project has been specifically authorized by the General Assembly. Provided, however, that in those new program areas where Federal funds are accepted by the State Board of Education under Code section 32-413, the Budget Bureau shall reduce the appropriation for any item or part thereof which can be financed with Federal funds in lieu of State funds under the terms of the Federal act, except for funds necessary to match such Federal grants. Nothing in this section shall be interpreted in such a way as to reduce eligibility of the State for Federal funds or to authorize reduction of the State appropriation for programs for which commitments have already been made to local systems. Funds appropriated for section 12 of MFPE Act No. 523 shall be paid for salaries of certificated professional personnel serving as principals, instructional supervisors, visiting teachers, librarians, guidance counselors, and other certificated professional personnel. The salary index value of 100 referred to in Section 9 of the Minimum Foundation Program of Education Act shall be a minimum of $4,800.00 as of September 1, 1967. Section 4 . Said Act is further amended by striking section 40 in its entirety and inserting in lieu thereof a new Section 40 to read as follows: Section 40. Higher Education Assistance Committee . 1967-68 $ 700,000.00 Provided that the allocations to objects in the Budget Report shall not apply and the Budget Bureau shall approve all expenditures by objects as provided by law. Section 5 . Said Act is further amended by striking paragraphs B and C of section 45, relating to Public Welfare and the Department of Family and Children Services, and inserting in lieu thereof new Paragraphs B and C to read as follows: Health and Welfare. B. Benefits. For benefits to the aged, the blind, the permanently and totally disabled, and dependent children, and for children and youth care as authorized by law. 1967-68 $ 29,574,945.00 C. Grants to counties for administration and services. For the cost of participating with the Federal government and counties in the administration of local welfare programs. 1967-68 $ 5,631,000.00 Provided further that the allocations to objects in the Budget Report, as amended by the supplement thereto, shall be changed to read as follows: 1967-68 Personal Services $ 3,129,160.00 Operating Expenses $138,012,700.00 Section 6 . Said Act is further amended by striking subsection C of section 46 the following: 1967-68 $ 50,000.00, and substituting in lieu thereof the following: 1967-68 $ 82,790.00, and by striking in its entirety subsection H of said section, and substituting in lieu thereof the following: H. Georgia Mental Health Institute. For the cost of operating the Georgia Mental Health Institute, including pre-admission and post discharge services. 1967-68 $ 3,300,000.00 Provided that the allocations to objects for this budget unit shall be changed to read as follows: 1967-68 Personal Services $ 2,427,894.00 Operating Expenses $ 1,053,022.00, and by striking from Subsection L of said Section the following: 1967-68 $ 26,378,000.00, and substituting in lieu thereof the following: 1967-68 $ 26,549,261.00, and by adding at the end of Subsection L the following: Provided that from the above appropriated amounts, $171,261.00 is designated and committed for the purpose of employing additional attendants for areas devoted to the care of children., and by striking from Subsection M of said Section the following: 1967-68 $ 2,900,000.00, and substituting in lieu thereof the following: 1967-68 $ 3,198,549.00, and by adding at the end of Section 46 the following: Provided that the allocations to objects in the Budget Report and the supplement thereto shall be changed to read as follows: Personal Services $ 37,654,597.00 Operating Expenses $ 41,535,362.00 Capital Outlay $ 2,070,500.00. Section 6A . Said Act is further amended by adding at the end of Section 33 the following: Fire Ant Eradication Program $ 500,000.00 Provided that the allocations to objects in the Budget Report shall not apply, and the Budget Bureau shall determine the allocations to objects, subject to approval by the Fiscal Affairs Subcommittees of the Senate and the House of Representatives. Section 6B . Said Act is further amended by adding a new subparagraph to the end of Section 47F to read as follows: (d) In the event those projects described in subparagrph (a) herein fail to receive 50% Federal participation funds, the funds for said projects may be allocated hereunder and expended on the basis of 50% participation from the State and 50% participation local funds. Section 6C . Said Act is further amended by striking section 1, relating to the legislative branch, the following: Legislative Branch. 1967-68 $ 2,900,000.00 and inserting in lieu thereof the following: 1967-68 $ 3,275,000.00. Section 7 . Said Act is further amended by striking from Section 54 the following: TOTAL APPROPRIATION 1967-68 $785,339,708.90, and inserting in lieu thereof the following: TOTAL APPROPRIATION 1967-68 $782,702,237.90. ARTICLE II This Article relates only to changes in the appropriations and provisions relative to the fiscal year 1968-69. Section 8 . Said Act is further amended by striking the appropriations and other provisions relative to the fiscal year 1968-69 and inserting in lieu thereof the following new provisions which shall be the appropriations and provisions for said year and which shall be applicable only to the fiscal year 1968-69. It is not the intention of this Article II and this Section 8 in any way to change the provisions of the aforesaid 1967 Act relative to the fiscal year 1967-68. 1968-69. PART I LEGISLATIVE BRANCH Section 1. Legislative Branch . For compensation, expenses, mileage allowances, travel and benefits for members of the General Assembly, and for the officials, employees, and committees of the General Assembly, and each branch thereof; for cost of operating the Office of Lieutenant Governor and Speaker of the House of Representatives; for membership in the Council of State Governments, National Conference of Commissioners on Uniform State Laws; National Conference of Legislative Leaders and Marine Fisheries Compact; for equipment, supplies, repairs, printing and other incidental expenses for the legislative branch; for the necessary cost of renovating and repairing the housing and other facilities for the legislative branch; for cost of compiling, publishing and distributing the Acts and Journals of the General Assembly, and the annual report of the State Auditor to the General Assembly; for election blanks and any other election expense, including publishing constitutional amendments; for all costs of Georgia Official and Statistical Register as provided by resolution; and for cost of Legislative Services Committee and the Office of Legislative Counsel as authorized by law. 1968-69 $ 2,525,000.00 Provided, the Legislative Services Committee shall seek to determine ways to effect economies in the expenditure of funds appropriated to the legislative branch of government. The Committee is hereby authorized to promulgate rules and regulations relative to the expenditure of funds appropriated to the legislative branch which may include that no such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and programs which are paid for from funds appropriated to the legislative branch of government with a view towards determining which are legitimate legislative expenses and which should be paid for from other appropriations. PART II JUDICIAL BRANCH Section 2. Supreme Court . For the cost of operating the Supreme Court of the State of Georgia, including salaries of justices and the employees of the Court, their retirement contributions and three Emeritus positions. Provided, however, that the listed appropriation shall be increased by the amount of $12,000.00 per annum for each additional Emeritus position established during the fiscal year. Provided, however, that the sum of $7,500.00 shall be allocated for the payment of attorneys' fees and legal expenses for indigent defendants in criminal cases on appeal as provided in Georgia Laws 1953, Nov.-Dec. Sess., pp. 478-479. 1968-69 $ 540,165.00 Section 3. Court of Appeals . For the cost of operating the State Court of Appeals including salaries and retirement contributions of judges and employees of the Court, and for the Emeritus Judges of the Court. Provided, however, that the listed appropriation shall be increased by the amount of $12,000.00 per annum for each additional Emeritus position established during the fiscal year. 1968-69 $ 634,000.00 Section 4. Superior Courts . For the cost of operating the Superior Courts of the State of Georgia, including such contingent expense allowances authorized by law, the payment of mileage as authorized by law, and such other expenses as may be authorized by law. Provided, however, that the listed appropriation shall be increased by the amount of $12,000.00 per annum for each additional Judge Emeritus position established during the fiscal year, and by $6,000.00 per annum for each additional Solicitors General Emeritus position established during the fiscal year. 1968-69 $ 2,085,000.00 Provided that the allocations to objects in the Budget Report shall be changed to read as follows: 1968-69 Personal Services $ 2,039,000.00 Provided that of the above amount, $48,000.00, is allocated to give each Solicitor-General a $1,200.00 increase per annum in contingent expense allowance. Section 5 . For the cost of printing and distributing the reports of the Supreme Court and Court of Appeals. 1968-69 $ 35,000.00 PART III EXECUTIVE BRANCH GENERAL GOVERNMENT Section 6. Commission on Aging . 1968-69 $ 44,000.00 Section 7. Art Commission, Georgia . 1968-69 $ 87,600.00 Provided that of the amount appropriated for 1968-69, the amount of $39,000.00 shall be matched by $39,000.00 agency funds and expended for the purpose of cultural projects. Section 8. Audits, Department of . 1968-69 $ 755,000.00 Section 9. Banking, Department of . 1968-69 $ 547,100.00 Section 10. Capitol Square Improvement Committee . 1968-69 $ 150,000.00 B. Capital OutlayAuthority Lease Rentals, Annual Lease payments to Georgia Building Authority under existing leases for Judicial, Agricultural, Health and other State Office Buildings and Facilities. 1968-69 $ 3,112,752.87 Section 11. Comptroller General . For the cost of operating the Office of the Comptroller General, Insurance Commissioner, Fire Inspection Division, Building Safety Council, Insurance Rate Division, Industrial Loan Commissioner and the Liquified Petroleum Safety Act. 1968-69 $ 1,367,400.00 Section 12. Executive Department . A. For the costs of operating the Executive Department, including the costs and maintenance expenses for the Executive automobiles, transportation costs and communication expenses at the Mansion; and for the contingent expenses of the Department, such as rewards, dues to the Governors' Conferences, dues to the Southern Interstate Nuclear Compact and special committee expenses. 1968-69 $ 496,000.00 B. For the Governor's Mansion allowance. 1968-69 $ 25,000.00 C. Coordinator of Highway Safety. 1968-69 $ 46,000.00 D. Planning and Programming Bureau. (a) General operating cost. 1968-69 $ 496,505.00 Provided that the allocations to objects in the Budget Report shall not apply, and the Budget Bureau shall determine the allocation to objects, subject to approval by the Fiscal Affairs Sub-Committees of the Senate and House of Representatives. (b) Grants to Area Planning and Development Commissions. 1968-69 $ 823,200.00 Section 13. Budget Bureau . 1968-69 $ 270,000.00 Section 14. Georgia Historical Commission . 1968-69 $ 392,000.00 Section 15. Industry and Trade, Department of . A. General Operating Costs. 1968-69 $ 2,377,800.00 Provided that of the amount appropriated above, at least $50,000.00 from the agency advertising budget shall be used for matching local funds for welcome centers established at places other than at the highway entrances to the State. B. Capital OutlayMetropolitan Atlanta Rapid Transitto be expended under contract with the Metropolitan Atlanta Rapid Transit Authority. 1968-69 $ 250,000.00 C. Capital OutlayAuthority Lease RentalsAnnual Lease payments to Georgia Ports Authority. 1968-69 $ 2,130,000.00 Provided that from the above appropriated amounts $625,000.00 is designated and committed to pay rentals to said Authority to permit the issuance of bonds to finance new projects. D. Capital OutlayGeorgia Welcome Center. 1968-69 $ 85,000.00 Provided that the above appropriated funds shall be expended only to construct and equip a Georgia Welcome Center facility to be located on Interstate 85 in the vicinity of West Point, Georgia. Provided that the allocations to objects in the Budget Report shall be changed to read as follows: Capital Outlay $ 335,000.00 Section 16. Labor, Department of . A. For the cost of operating the Commissioner's Office and Factory Inspection Division. 1968-69 $ 308,400.00 B. For that part of cost of operations of Employment Security Agency as authorized by Act approved March 8, 1945. 1968-69 $ 85,000.00 Section 17. Law, Department of . For the cost of operating the Department of Law, provided that the compensation of all Assistant Attorneys General, Deputy Assistant Attorneys General, all law clerks, stenographic help, necessary to carry on the legal duties of the State, required of the Department of Law, or any agency of the State in the Executive Branch of the State government, shall be paid from this fund. No other agency is authorized to expend f u n d s appropriated or otherwise available from any source for the support and maintenance of the respective agency for the purpose for which provision is made in this item, unless the payment is for reimbursement to the Department of Law by the State Highway Department for expenses incurred for legal services by any Assistant Attorneys General or Deputy Assistant Attorneys General assigned by the Attorney General of Georgia to perform specific items of legal work in connection with the acquisition of rights-of-way on the State road system, and contract law suits, or unless the payment is made from funds appropriated to the Executive Department for the payment of salaries and expenses of the two Assistant Attorneys General or Deputy Assistant Attorneys General authorized to be appointed by the Governor. 1968-69 $ 783,900.00 Section 18. Library, State . 1968-69 $ 116,750.00 Section 19. Literature Commission, State . 1968-69 $ 20,000.00 Section 20. Pharmacy Board . For cost of operating the office of Chief Drug Inspector. 1968-69 $ 120,700.00 Section 21. Public Defense, Depart ment of . For the cost of operating the Military Division, aid to military organizations and the cost of operating the Civil Defense Division, and the Office of Emergency Planning. 1968-69 $ 1,014,200.00 Section 22. Public Safety, Department of . 1968-69 $ 11,271,283.00 Provided that the allocations to objects in the Budget Report shall be changed to read as follows: Personal Services $ 8,170,600.00 Operating Expenses $ 3,207,383.00 Capital Outlay $ -0- 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 23. Public Service Commission . For the cost of operating the Utilities Division and the Motor Carrier Division of the Public Service Commission. 1968-69 $ 647,500.00 Section 24. Purchases, Supervisor of . 1968-69 $ 433,800.00 Section 25. Recreation Commission . 1968-69 $ 104,000.00 Section 26. Revenue, Department of . A. For cost of operating the Department of Revenue. 1968-69 $ 12,584,800.00 B. Grants to countiesTax re-evaluation. For grants to counties in accordance with rules and regulations set up by the Commissioner of Revenue for assisting counties in financing tax re-evaluation studies. 1968-69 $ 75,000.00 C. Loans to countiesTax re-evaluation. There is hereby appropriated for the fiscal year 1968-69 the amount of such repayments of county tax evaluation loans as may be made by such counties during the fiscal year in such amount and for the same purpose as originally appropriated, but not to exceed $200,000.00 in the fiscal year. Such amount shall be available for further tax evaluation loans to counties. Section 27. Science and Technology Commission . 1968-69 $ 55,450.00 Provided that the allocations to objects in the Budget Report shall be changed to read as follows: Personal Services $ 46,500.00 Operating Expenses $ 8,950.00 Section 28. Secretary of State . A. Combined Divisions. For the cost of operating the office of Secretary of State, and all other programs administered through such office. 1968-69 $ 732,300.00 Provided that of the above amount, $25,000.00 shall be for the State Election Board. Provided, further, that of the above amount, $10,000.00 in operating expenses may be used to purchase and ship Georgia State flags to Georgia servicemen serving overseas. B. Examining Boards. 1968-69 $ 823,600.00 C. Archives and Records. For the cost of operations of archives and history, microfilming and housing records, and the State Museum, including lease rental payments to the Georgia Building Authority for the State Archives Building in the amount of $815,000.00 per annum. 1968-69 $ 1,377,600.00 D. Buildings and Grounds. For the cost of operating the State Capitol Building and grounds, the maintenance of Confederate cemeteries, and for insurance on public property not otherwise provided for. 1968-69 $ 436,100.00 E. Special Repairs. Capitol Building and Legislative Chambers, Rooms, Offices and Facilities. 1968-69 $ 50,000.00 F. Executive Center. For operation of Executive Center. 1968-69 $ 60,000.00 Provided that the allocations to objects in the Budget Report shall be changed to read as follows: Personal Services $ 1,803,050.00 Operating Expenses $ 741,850.00 Special Repairs $ 50,000.00 Section 29. State Properties Control Commission . For the cost of operating State Properties Control Commission. 1968-69 $ 50,000.00 Section 30. Treasury, State . For operation of State Treasury, including Bond Commissioner. 1968-69 $ 139,500.00 Section 31. Veterans Service . A. For the cost of operating the Department of Veterans Service. 1968-69 $ 1,108,700.00 B. For the cost of operating the Veterans Service Board, War Veterans Home, and Veterans Nursing Home. 1968-69 $ 1,044,800.00 C. For the cost of pensions to Confederate Widows. 1968-69 $ 72,190.00 Section 32. Workmen's Compensation, State Board of . For the cost of operating the State Board of Workmen's Compensation. 1968-69 $ 661,300.00 AGRICULTURE AND CONSERVATION Section 33. Agriculture, Department of . A. For the operation of all activities of the Department including the operation of Farmer's Markets. 1968-69 $ 7,656,200.00 Provided that the allocations to objects in the Budget Report shall be changed to read as follows: Capital Outlay $ -0- B. Capital OutlayAuthority Lease RentalsAnnual Lease payments to Georgia Building Authority (Markets). 1968-69 $ 750,000.00 Provided that the allocations to objects in the Budget Report shall be changed to read as follows: Authority Lease Rentals $ 750,000.00 Section 34. Conservation . A. Forestry Commission. 1968-69 $ 4,910,626.00 Provided that the allocations to objects in the Budget Report shall be changed to read as follows: Capital Outlay $ -0- B. Forest Research Council. 1968-69 $ 384,300.00 C. Game and Fish Commission. 1968-69 $ 3,387,769.00 Provided that the allocations to objects in the Budget Report shall be changed to read as follows: Personal Services $ 2,474,038.00 Operating Expenses $ 1,441,807.00 Capital Outlay $ 311,908.00 D. Jekyll Island Committee. 1968-69 $ 400,000.00 E. Mineral Leasing Commission. 1968-69 $ 5,000.00 F. Department of Mines, Mining and Geology, including Oil and Gas Commission, and dues to the Interstate Oil Compact. (a) Regular Operation. 1968-69 $ 402,300.00 Provided that of the above appropriation, the amount of $50,000.00 is hereby allocated to implement the provisions of House Bill 969, known as the Georgia Surface Mining Act of 1968, and provided further that relative to said Surface Mining Act the allocations to objects in the Budget Report shall not apply, and the Budget Bureau shall determine the allocations to objects, subject to approval by the Fiscal Affairs Subcommittees of the Senate and the House of Representatives. (b) South Georgia Minerals Exploration and Research. 1968-69 $ 228,500.00 G. Department of Parks. (a) For general operation and development of State Parks. 1968-69 $ 1,462,200.00 Provided, however, that $20,000.00 of the above amount shall be allocated for expenses of the State Council for the Preservation of Natural Areas. Provided that the allocations to objects in the Budget Report shall be changed to read as follows: Capital Outlay $242,500.00 Provided that no land shall be purchased for State park purposes without the approval of the State Properties Acquisition Commission. Provided, further, that the above appropriation, $97,500.00 is hereby allocated to develop a State Park in Coffee County. (b) Capital OutlayAuthority Lease RentalsAnnual Lease Payments to Jekyll Island-State Parks Authority. 1968-69 $1,166,000.00 Provided that from the above appropriated amount, $150,000.00 is designated and committed to pay rentals to said Authority to permit the issuance of bonds to finance new projects. (c) Capital OutlayAuthority Lease RentalsAnnual Lease Payments to Stone Mountain Memorial Association. 1968-69 $1,000,000.00 Provided that the allocations to objects in the Budget Report shall be changed to read as follows: Authority Lease Rentals $2,166,000.00 H. Soil and Water Conservation Committee. For the cost of operating the State Soil and Water Conservation Committee. 1968-69 $ 400,000.00 I. Stone Mountain Memorial Committee. For operating costs including costs of improvements by convict labor. 1968-69 $ 225,000.00 Provided that the allocations to objects in the Budget Report shall be changed to read as follows: Operating Expenses $225,000.00 J. Ocean Science Center of the Atlantic. 1968-69 $600,000.00 Provided that the allocations to objects in the Budget Report shall be changed to read as follows: Capital Outlay $175,000.00 K. Department of State ParksFor Contract with Lake Lanier Island Development Authority. 1968-69 $ 210,000.00 L. North Georgia Mountains Commission. 1968-69 $102,500.00 Provided that the allocations to objects in the Budget Report shall be changed to read as follows: Personal Services $77,500.00 Capital Outlay $ Provided, however, in the event Federal funds in the amount of at least $1,000,000.00 are not made available by July 1, 1968, none of the funds appropriated above shall be expended. Provided that the total State salary of the Director shall not exceed $24,000.00 per annum. M. Chattahoochee River Basin Development Commission. 1968-69 $6,710.00 Provided that the allocations to objects shall be as follows: Personal Services $ 3,600.00 Operating Expenses $ 3,110.00 CORRECTIONS Section 35. Corrections, State Board of . A. For the administrative expenses of the State Board of Corrections, including the cost of operation of the State Prison System. 1968-69 $ 10,742,400.00 Provided that the allocations to objects in the Budget Report shall be changed to read as follows: Capital Outlay $ Provided that no funds appropriated in this section or otherwise available shall be used to pay a salary in excess of the Director's salary, except salaries for physicians. B. Capital OutlayAuthority Lease RentalsAnnual lease payments to Georgia Building Authority (Penal). 1968-69 $ 800,000.00 Provided, that from the above appropriated amount, $150,000.00 is designated and committed to pay rentals to said Authority to permit the issuance of bonds to construct new prison branches. Section 36. Pardons and Paroles, State Board of . 1968-69 $ 977,100.00 Section 37. Probation, State Board of . For the cost of operating the statewide Probation System, administrated by the State Board of Probation. 1968-69 $ 1,345,800.00 EDUCATION Section 38. State Board of EducationDepartment to Education . A. For matching vocational rehabilitation funds in cooperation with the Federal government; for operation of vocational trade schools; for operation of public and rural library programs; for operation of School for the Deaf and Academy for the Blind; for programs for exceptional children; for grants in aid to the public common schools, under provisions of law; for free textbooks for children attending public common schools; for the salaries of county school superintendents; for the operating costs of the Department; for educational grants, including the grants to teachers for scholarships, as provided by law; and for any other expense authorized by law, payable from the common school funds. 1968-69 $ 322,774,526.00 Provided that the allocations to objects in the Budget Report shall be changed to read as follows: Personal Services $ 19,919,551.00 Teachers Salaries $ 202,600,879.00 Other Certificated Professional Personnel Salaries $ 32,939,496.00 Maintenance, Operation and Sick Leave $ 33,800,277.00 Isolated Schools $ 71,241.00 Midterm Adjustment $ 1,067,927.00 Salaries and Travel for Public Librarians $ 1,448,875.00 Area Vocational Technical Schools $ 11,118,024.00 Alto Teachers Salaries $ 160,739.00 Superintendent's Salaries $ 2,149,059.00 Driver Education Summer Program $ -0- Capital Outlay $ -0- Provided, however, that the proposed teacher pay raise of $558.00 shall not be implemented until December 1, 1968. Provided that none of the funds appropriated above may be used to initiate or commence any new program or project that would require operating funds or capital outlay funds beyond the present biennium, unless such program or project has been specifically authorized by the General Assembly. Provided, however, that in those new program areas where federal funds are accepted by the State Board of Education under Code Section 32-413, the Budget Bureau shall reduce the appropriation for any item or part thereof which can be financed with federal funds in lieu of State funds under the terms of the federal act, except for funds necessary to match such federal grants. Nothing in this section shall be interpreted in such a way as to reduce eligibility of the State for federal funds or to authorize reduction of the State appropriation for programs for which commitments have already been made to local systems. Funds appropriated for section 12 of MFPE Act No. 523 shall be paid for salaries of certificated professional personnel serving as principals, instructional supervisors, visiting teachers, librarians, guidance counselors, and other certificated professional personnel. The salary index value of 100 referred to in section 9 of the Minimum Foundation Program of Education Act shall be a minimum of $5,200.00 as of December 1, 1968. Provided, however, should funds allocated in the Budget Report for Section 11 and 20, Salaries, for the 39,257 teachers prove insufficient in 1968-69, the Director of the Budget is authorized to transfer funds from Section 12 to Sections 11 and 20. B. Capital OutlayAuthority Lease Rentals. 1968-69 $ 28,801,000.00 For Capital Outlay purposes, including Lease Rentals obligations of the State Board of Education, Department of Education to Georgia Education Authority (Schools) in accordance with Lease Rental Contracts; provided that from the above appropriated amount, $1,000,000.00 is designated and committed for additional Capital Outlay purposes, including Lease Rentals to said Authority to permit the issuance of bonds to finance new projects. Provided, however, that from the $1,000,000.00, the amount of at least $140,000.00 is authorized to be used for lease rentals for new school consolidation projects. Provided that the allocations to objects in the Budget Report shall be changed to read as follows: Authority Lease Rentals $ 28,801,000.00 C. To provide educational and training services for severely mentally retarded children as provided in Paragraph (1) of Section 1 of an Act approved March 21, 1958 (Ga. Laws 1958, p. 206). 1968-69 $ 50,000.00 D. Teacher Retirement Employer Contribution. 1968-69 $ 20,681,820.00 Provided that where teaching personnel are paid in whole or in part from funds other than State-local funds, the fund source from which such salary is paid shall pay the pro-rata part of the cost of any employer contributions to the Teachers' Retirement System applicable to such salary. Section 39. Educational Improvement Council . 1968-69 $103,000.00 Section 40. Higher Education Assistance Committee . 1968-69 $958,500.00 Section 41. Medical Education Board . For cost of operation of the State Medical Education Board, including the payment of medical scholarships as authorized by provision of the Georgia State Constitution. 1968-69 $ 191,768.00 Section 42. State Board of Regents . A. The general cost of operation of the Board; for aid to the University System; for Annual payment of $8,000.00 to the University of Georgia for old stock items; for scholarships authorized by law $200,000.00; for the support of research and the cost of use and/or acquiring additions to plant and equipment for the University System. 1968-69 $ 111,538,000.00 Provided that the above appropriations shall be in addition to the funds realized by the respective units in the fiscal year from the Federal government, donations, gifts, earnings from fees, rents, sales and any other source of income, and provided that from the above appropriation, the amount of $15,516,000.00 is designated and committed to guarantee payment of lease rental contracts as a first charge on such funds. Provided that from said appropriation for lease rental, the amount of $1,000,000.00 is designated and committed to pay rentals to the Georgia Building Authority (University) to permit the issuance of new bonds to finance new projects. Provided none of the funds herein provided as capital outlay authority lease rental shall be available for the purchase of any books whatsoever. Provided that the State Board of Regents shall, within the first 30 days of the fiscal year, make an apportionment of funds to the various units of the University System from all funds available in the amounts necessary in the fiscal year to pay the annual lease contract commitments for the acquisition of property as provided for in the provision of the State Constitution, and shall, second, apportion the remaining funds available to the various units to cover cost incident to the operation and development of the University System. The Board Board of Regents shall immediately report the same to the State Budget Authorities for approval, whose approval shall be evidenced in writing. No part of this appropriation, nor any funds realized by the State Board of Regents of the University System, or any school or college from the Federal government, or from donations, gifts, earnings, fees, rents, sales or other sources of income shall be available for use or expenditure until made available by a written order of the State Budget Authorities. Provided that funds from donations, gifts, earnings, fees, and from any other source of income shall be available to support further lease rental agreements for dormitories and other school buildings, with the approval of the Budget Bureau. Such further contracts may be entered into not to exceed $750,000.00 per annum. Provided that the allocations to objects in the Budget Report shall be changed to read as follows: Personal Services $126,213,000.00 Capital Outlay $ 8,000,000.00 B. Eugene Talmadge Memorial HospitalState Board of Regents. 1968-69 $ 5,687,000.00 Provided that the allocations to objects in the Budget Report shall be changed to read as follows: Personal Services $ 6,985,817.00 C. Teachers' Retirement Employer Contribution $ 9,642,974.00 Provided that where personnel are paid in whole or in part from funds other than State appropriations, the fund sources from which such salary is paid shall pay the pro rata part of the cost of any employer contribution to the Teacher Retirement System applicable to such salary. Section 43. State Scholarship Commission . 1968-69 $ 829,000.00 Section 44. Teachers' Retirement System . For the State's contribution to the Teachers' Retirement Fund, including the cost of administration. 1968-69 $ 775,789.00 Provided that the allocations to objects in the Budget Report shall be changed to read as follows: Pension AccumulationMatching Fund $ -0- HEALTH AND WELFARE Section 45. Public Welfare, Department of Family and Children Services . A. For the cost of operation of the State Welfare Programs. 1968-69 $ 2,864,908.00 Provided that the allocations to objects in the Budget Report shall be changed to read as follows: Personal Services $ 3,541,880.00 Provided that no additional positions shall be paid from the above appropriations. B. BenefitsAdult Programs for matching federal funds to provide benefits to the aged, the blind, and the totally and permanently disabled. 1968-69 $ 16,303,893.00 C. BenefitsAFDC Program. For matching federal funds to provide benefits to families with dependent children. 1968-69 $ 7,165,600.00 D. BenefitsDivision for Children and Youth. For other children and youth care as authorized by law. 1968-69 $ 1,666,000.00 Provided, however, that in the event a surplus is anticipated in any of the above Benefit appropriations, by the State Budget Bureau, and there exists a need for the use of such surplus in either of the other two Benefit appropriations, the State Budget Bureau shall have authority to make such transfer, subject to approval by the Fiscal Affairs Subcommittees of the House and Senate. E. Grants to Counties for administration and services. For the cost of participating with the Federal government and counties in the administration of local welfare programs. 1968-69 $ 7,158,100.00 F. Institutions. For the cost of operation of the institutions under the administration of the Department of Family and Children Services, and for grants to county-owned detention centers. 1968-69 $ 5,018,900.00 Provided, however, the $500,00.00 allotted under this section for grants to county-owned detention centers shall be distributed to the several counties for operation expenses of the said centers without restriction. Provided, however, that work incentive programs, as provided for by Public Law 90-248, Section 204, shall be limited to studies or special pilot projects, and not projects which are Statewide in scope. Section 46. Public Health, Department of . A. Alcoholic Rehabilitation Service. For the cost of conducting the Alcoholic Rehabilitation Program. 1968-69 $ 580,580.00 B. Atlanta, Augusta and Savannah Regional Hospitals. For the cost of developing and operating these institutions including pre-admission and post-discharge services. 1968-69 $ 2,292,193.00 Provided that the allocations to objects in the Budget Report for these budget units shall be changed to read as follows: Personal Services $ 1,652,693.00 Operating Expenses $ 539,500.00 C. Capital OutlayAuthority Lease RentalsAnnual Lease payments to Georgia Building Authority (Hospitals). 1968-69 $ 4,125,000.00 Provided that from the above appropriated amount, $600,000.00 is designated and committed to pay rentals to said Authority to permit the issuance of bonds to finance new projects. D. Battey State Hospital. For the cost of operating the Battey State Hospital, including pre-admission and post-discharge services. 1968-69 $ 3,329,000.00 E. Central State Hospital. For the cost of operating the Central State Hospital, including pre-admission and post-discharge services. 1968-69 $ 27,827,398.00 Provided that the allocations to objects in the Budget Report for this budget unit shall be changed to read as follows: Personal Services $ 22,910,399.00 Operating Expenses $ 7,731,657.00 F. Georgia Retardation Center. For the cost of developing and operating the Georgia Retardation Center, including pre-admission and post-discharge services. 1968-69 $ 870,750.00 G. Gracewood State School and Hospital. For the cost of operating the Gracewood State School and Hospital, including pre-admission and post-discharge services. 1968-69 $ 7,656,332.00 Provided that the allocations to objects in the Budget Report shall be changed to read as follows: Operating Expenses $ 2,345,302.00 H. Medical Assistance Program. For the cost of operating the Medical Assistance Program. 1968-69 $ 11,763,805.00 Provided, however, that payments to providers of nursing home care under this section may be modified to conform with program requirements issued by the United States Department of Health, Education and Welfare, subject to prior approval by the Director of the Budget. I. Medical Facilities Construction. For aid to local government subdivisions in establishing, constructing and equipping health facilities to be administered and expended in the same manner as other public health funds, and in accordance with the provisions of the Hill-Burton Act, as amended, and the Mental Retardation Facilities and Community Mental Health Centers Construction Act of 1963 of the United States Congress, and the rules and regulations of the State Board of Health. 1968-69 $ 1,000,000.00 J. Georgia Mental Health Institute. For the cost of operating the Georgia Mental Health Institute, including pre-admission and post-discharge services. 1968-69 $ 3,635,000.00 K. Regular Operations. For the cost of operating the Department of Public Health, grants to counties for public health programs, services for crippled children, and mental health programs. 1968-69 $ 13,339,508.00 Provided that of the above amount, $100,000.00 from operating expenses will be used for day care centers for the mentally retarded. L. Southwestern State Hospital. For the cost of operating the Southwestern State Hospital, including pre-admission and post-discharge services. 1968-69 $ 4,670,696.00 Provided that the allocations to objects in the Budget Report for this budget unit shall be changed to read as follows: Personal Services $ 3,756,166.00 Operating Expenses $ 930,530.00 Provided that of the above amount, up to $50,000.00 shall be used to renovate, equip and supply an infirmary at the Bainbridge unit of the Southwestern State Hospital. M. Water Quality Control Division. For the cost of conducting the programs of the State Water Quality Control Board. 1968-69 $ 313,600.00 N. HospitalRome and Columbus. 1968-69 $ 150,000.00 Provided that the above is hereby appropriated for architects, plans, specifications and other related items in connection with the hospitals at Rome and Columbus. Provided that for the purpose of receiving Federal matching funds under Title XIX of the Social Security Act, each institution listed in this section shall have authority to transfer funds to the Medical Assistance Program, such funds to be matched at the prevailing rate with Federal funds and the aggregate amounts remitted to the transferor institution in payment for services to eligible recipients. HIGHWAYS Section 47. Highway Department . Appropriation of all funds in this section is to be in conformity with and pursuant to Article VII, Section IX, Paragraph IV of the State Constitution, and shall be in an amount equal to all money derived from motor fuel taxes received by the State Treasurer in the immediately preceding year, less the amount of refunds, rebate and collection costs authorized by law. The fiscal officers of the State are hereby directed, as of July 1 of each fiscal year, to determine the net collection of motor fuel tax received by the State Treasurer in the immediately preceding fiscal year and enter the full amount so determined on the records of the State as being the appropriation payable in lieu of the amount appropriated herein. A. General OperationsFor general administrative cost of operating the Highway Department, including equipment and compensation claims. 1968-69 $ 8,466,725.00 B. Capital OutlayAuthority Lease Rentals. 1968-69 $ 19,900,000.00 For lease rental obligations of the Highway Department to Georgia Highway Department to Georgia Highway Authority and the Georgia Building Authority in accordance with lease rental contracts now in existence or hereafter entered into in connection with new projects approved by the Highway Department. Provided that in the event that lease rental obligations shall be less than the amount herein appropriated, such excess amount may be used and is herein specifically appropriated for new authority lease rentals to permit the issuance of bonds to finance new projects. C. Maintenance and BettermentsPlanning and Construction. For State matching participation in costs of construction, reconstruction, improvement in highways, and highway planning, in cooperation with the Federal government, including all cost items incident thereto. Funds appropriated for the fiscal year shall be available for matching Federal apportionment for the same year. For the cost of road and bridge construction and surveys, maintenance and improving the State Highway System of roads and bridges, and the costs incident thereto (provided all expenditures for county contracts shall be in accordance with and on the basis of average prices as authorized by law). Provided, however, that funds shall be allocated to matching all Federal aid funds prior to the allocation of any funds for other works, and the State Highway Department may add, delete, and substitute Federal aid projects to secure the full benefit of the Federal aid program. Provided, further, that in order to meet the requirements of the Interstate System with regard to completion by a date fixed by existing Federal Statute of Federal-State 90-10 projects, the Budget Bureau is hereby authorized and directed to give advanced budgetary authorization for the letting and execution of highway contracts essential to and included in such Interstate Program not to exceed the amount of State Motor Fuel Tax Revenues actually paid into the Treasury and constitutionally appropriated to the State Highway Department. Maintenance and Betterments. 1968-69 $ 36,682,400.00 Planning and Construction. 1968-69 $ 52,633,875.00 D. Grants to counties. For grants to counties for aid in county road construction and maintenance. 1968-69 $ 4,817,013.03 E. For grants to counties for aid in county road construction and maintenance. 1968-69 $ 4,500.000.00 Provided that the appropriations in D above shall be distributed and disbursed by the State Treasurer as provided by law. The sum appropriated under E shall be distributed and disbursed to the various counties of the State by the State Treasurer in the same proportional basis to each county as the proportion of each county's total public road mileage is to the total public road mileage in the State, as such mileage information is furnished by the State Highway Department. Provided, further, that a member of the governing authority of the county, designated by such authority, shall execute an affidavit annually that funds received under this section have been expended in accordance with the law and the Constitution, and file the same with the Director of the Highway Department. At the request of the Governor or the Budget Bureau or the Director of the State Highway Department, the State Auditor shall cause an audit to be made of any county to determine the use of such funds. The expense of such audit shall be deducted from funds granted to such county in any future year. F. Administrative FeesAdministration Truck Weight Program. 1968-69 $ 250,000.00 OTHER Section 48. Grants to Municipalities . For grants to municipalities in accordance with the Act approved March 31, 1965 (Ga. Laws 1965, p. 458), as amended. 1968-69 $ 9,317,000.00 Provided, further, that a member of the governing authority of the municipality, designated by such authority, shall execute an affidavit annually that funds received under this section have been expended in accordance with the law and the Constitution, and file the same with the 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. Section 49. Grants to Counties and Municipalities . A. Grants to counties. 1968-69 $ 2,700,000.00 For grants to counties in accordance with the Act approved April 21, 1967, (Ga. L. 1967, p. 888). B. Grants to municipalities. 1968-69 $ 4,700,000.00 For grants to municipalities in accordance with the Act approved April 21, 1967 (Ga. L. 1967, p. 889). PART IV MISCELLANEOUS Section 50. Governor's Emergency Fund . There is hereby appropriated as a General Emergency Fund for meeting expenses deemed emergencies by the Governor and to be expended by the Governor in his discretion in any emergency that he may determine requires expenditures of any part of said fund. Expenditures from this fund shall be made in accordance with other provisions of State law and the Constitution. 1968-69 $ 1,000,000.00 Section 51 . In addition to these appropriations, there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law. No wholesale distributor of gasoline shall be entitled to a refund covering shrinkage in the process of retailing gasoline as authorized by Act of Georgia General Assembly of 1947 (Ga. L. 1947, p. 1115), by virtue of the said wholesale distributor being engaged in retailing gasoline. Tax refunds. Section 52 . 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 Appropriations Act between any department, agency or institution of the State, and any authority created and activated at the time of the effective date of the aforesaid constitutional provision, as amended, or appropriated for the fiscal year beginning July 1, 1968, and for each and every fiscal year thereafter, until all payments required under lease contracts have been paid in full, and if for any reason any of the sums herein provided under any other provision of this Act are insufficient in any year to make the required payments in full, there shall be taken from other funds appropriated to the department, agency, or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations. Lease contracts. 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. Section 53 . 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 recommendations contained in the amended Budget Report submitted to the General Assembly at the regular 1968 session, 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 conditions 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, and provided, further, that no funds whatsoever shall be transferred without the prior approval of at least eleven (11) members of the Fiscal Affairs Subcommittees of the Senate and House of Representatives in a meeting called to consider said transfers. This section shall apply to all funds of each budget unit from whatever source derived. The State Auditor shall make an annual report to the Appropriations Committees of the Senate and House of Representatives of all instances revealed in his audit in which the expenditures of any department, bureau, board, commission, institution, or other agency of the State show transfers made in violation of this section. In those cases in which the aforesaid Budget Report contains no recommendation by the Governor of expenditures as to objects, the Director of the Budget, except as to the legislative and judicial branches of the government, is authorized to allocate as to object such funds as he deems proper, but he shall not approve any operating budget containing any such allocation until such shall be submitted and approved in the same manner and under the same conditions provided hereinbefore for transfers. Intent. Any other provisions of law to the contrary notwithstanding, the proposed pay adjustment for State employees shall not be put into effect until October 16, 1968, and the Budget Bureau is hereby directed to make pro rata deductions of the total saved amount in each affected Budget Unit. Provided further that this shall also include non-academic personnel of the Board of Regents. Section 54 . In the event it is determined by the Budget Bureau that the total funds in the State Treasury in the fiscal year in which appropriations are made in the foregoing sections of this Act are to be less than the amount needed to pay in full the specific appropriations authorized, the Director of the Budget is authorized and is hereby directed to make a pro rata reduction of the amount of each appropriation hereinbefore made, except authority lease rental funds and other constitutionally obligated funds, as provided by Georgia Code Section 40-418 (Ga. L. 1962, p. 17). Intent. The amount 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 the fiscal year, the amounts so in excess as determined by the Budget Bureau shall cease to be an obligation of the State. TOTAL APPROPRIATION 1968-69 $859,345,453.90 Section 9. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 8, 1968.

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MOTOR VEHICLESENFORCEMENT OF WEIGHT AND LOAD LIMITATIONS. No. 681 (House Bill No. 977). An Act to amend an Act governing and regulating the use of the public roads and highways of this State by providing the dimensions, length and weights of motor vehicles and providing penalties for the violation of same, approved March 27, 1941 (Ga. L. 1941, p. 449), as amended, so as to vest the State Highway Department with certain powers and authority to enforce the provisions of this Act; to provide law enforcement officers and employees of the State Highway Department with authority to weigh and measure motor vehicles and to order operators of vehicles to drive their vehicles upon scales to be weighed; to provide that each person who applies for and is issued a driver's license gives his consent to drive the vehicle he is driving upon scales to be weighed when ordered by law enforcement officers or employees of the State Highway Department; to amend an Act approved March 17, 1960 (Ga. L. 1960, p. 1122), vesting the State Highway Board of Georgia with certain police powers, providing law enforcement officers and employees of the State Highway Department with authority to weigh and measure motor vehicles, and providing criminal penalties, so as to delete from section 1A of said Act the word Board and substituting in lieu thereof the word Department and to delete from section 2A of said Act the words or to drive the vehicle upon the scales; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act governing and regulating the use of the public roads and highways of this State by providing the dimensions, length and weights of motor vehicles and providing penalties for the violation of same, approved March 27, 1941 (Ga. L. 1941, p. 449), as amended by an Act approved March 17, 1960 (Ga. L. 1960, p. 1122), is

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hereby amended by adding a new section to be designated section IB and to read as follows: Section 1B. Any law enforcement official or employee of the State Highway Department authorized to enforce the provisions of this Act who observes a motor vehicle being operated upon a public road or highway of the State and who has reason to believe that the size of the vehicle or the weight and load is unlawful is authorized to weigh and measure same. If the operator of said vehicle shall refuse to stop or to drive the vehicle upon the scales as directed by said law enforcement official or employee of the State Highway Department his driver's license shall be suspended for a period of not more than ninety (90) days by the Department of Public Safety if the State Highway Department shall so request. Each person who shall apply for a Georgia driver's license, or for a renewal of same, hereby consents to drive the vehicle he shall be driving at any time, upon scales whenever ordered by a law enforcement official or authorized employee of the State Highway Department. Section 2. An Act vesting the State Highway Board of Georgia with certain police powers, providing law enforcement officers and employees of the State Highway Department with authority to weigh and measure motor vehicles, and providing criminal penalties for the violation of the same, approved March 17, 1960 (Ga. L. 1960, p. 1122), is hereby amended by striking from section 1A of said Act the word Board and substituting in lieu thereof the word Department so that, as amended, section 1A of said Act shall read as follows: Section 1A. The State Highway Department of Georgia is hereby invested with the authority to exercise certain police powers and by appropriate resolution to designate, deputize and delegate to an appropriate member of a truck weighing crew of the State Highway Department the necessary authority to enforce the provisions of this Act with respect to dimensions, length and weights of motor vehicles permitted to be operated upon the public roads and highways of this State. Nothing contained herein shall be

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construed so as to permit any such designated member of a weighing crew to carry any firearm or weapon for the purpose of enforcing the provisions of this Act. Police powers. Section 3. Said Act (approved March 17, 1960 (Ga. L. 1960, pp. 1122, 1123) is further amended by striking from section 2A the words or to drive the vehicle upon the scales so that, as amended, section 2A shall read as follows: Section 2A. Any law enforcement officer or employee of the State Highway Department, authorized to enforce the provisions of this Act, who observes a motor vehicle being operated upon a public road or highway of the State and who has reason to believe that the size of the vehicle or the weight and load of the vehicle is unlawful is hereby authorized to weigh and measure same. If the operator of a motor vehicle sought to be weighed and measured shall refuse to stop upon proper order as directed by a person authorized by this Act to weigh or measure the vehicle, said operator shall be punished by a fine not to exceed $200.00. Said operator shall have the right to post an appropriate bond, which shall not exceed $400.00, when any law enforcement officer or employee of the State Highway Department, authorized to enforce the provisions of this Act, apprehends said operator for any violation of this Act. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 8, 1968. EMPLOYEES RETIREMENT SYSTEM ACT AMENDEDINVOLUNTARY SEPARATION DEFINED. No. 682 (House Bill No. 1020). An to amend an Act establishing an Employees Retirement System of Georgia approved February 3, 1949 (Ga. L. 1949, p. 138), as amended, so as to provide that the

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phrase involuntary separation from employment without prejudice shall include in its definition the failure in an election of an elective official who is a member of the Employees Retirement System; to provide the effective date of said separation; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing an Employees Retirement System of Georgia approved February 3, 1949 (Ga. L. 1949, p. 138), as amended, is hereby amended by striking subsection (25) of Section 1, as added by Ga. L. 1953, Nov.-Dec., Sess., pp. 160, 161, and approved December 17, 1953, in its entirety, and inserting in lieu thereof a new subsection (25) to read as follows: (25) Involuntary separation from employment without prejudice, for the purpose of this Chapter, shall mean separation or release from service not willingly by choice of member who has not been convicted in a court of competent jurisdiction of embezzlement or larceny of public funds or property or malfeasance in office, or who has not been forced to make restitution for any funds or property criminally taken by said employee at the time of separation and shall include the failure in an election of an elective official who is a member of the Retirement System of Georgia. The date of the involuntary separation of a member following such failure of election shall be the date on which he ceases to hold the elective office under which he was, immediately prior to the failure of election, a member of said System. Involuntary separation from employment with prejudice, for the purpose of this Chapter, shall mean separation or release from service not willingly by choice of member who has been convicted in a court of competent jurisdiction of embezzlement or larceny of public funds or property or malfeasance in office, or who has been forced to make restitution for any funds or property criminally taken by said employee at the time of separation.

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 8, 1968. DISPOSAL OF MOTOR VEHICLES BY AUTOMOBILE WRECKING COMPANIES. No. 683 (House Bill No. 1022). An Act to authorize automobile wrecking companies to sell or otherwise dispose of any motor vehicle worth $300.00 or less and the owner of which is unknown, after having had custody of the vehicle for no less than six months; to provide conditions which must be met before a sale; to provide for disbursement of funds received from a sale; to provide for the furnishing of information to the Department of Public Safety; to provide for subordination of liens, security interests and claims against vehicles sold; to define terms; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Any automobile wrecking company doing business in this State may sell or otherwise dispose of any motor vehicle which has been in its custody for no less than six months and the owner of which is unknown, upon the following conditions: (a) The custody of the motor vehicle shall have been obtained by consent or order of law enforcement officials; and When disposal authorized. (b) The automobile wrecking company shall have diligently sought the identity of the owner of the motor vehicle by advertising in a newspaper of general circulation in the county where the motor vehicle was obtained a complete description of the motor vehicle and by furnishing in writing

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a complete description of the motor vehicle, including its serial and license number to the Department of Public Safety; and (c) The automobile wrecking company shall have posted, for one week, the car's description, including its serial number and identifying marks, in a prominent place in or on the county courthouse of the county where the sale is to take place; and (d) The automobile wrecking company shall not have been put on notice that there exist unsettled claims or liens against the motor vehicle. Section 2. The disposition of the motor vehicle may be by public sale. Funds received for the motor vehicle shall be disbursed as follows: Disposal, funds (a) The wrecking company shall pay to itself the reasonable charges owing for towing, storage and other charges related to custody of the motor vehicle; and (b) The balance shall be paid to the county treasurer of the county in which the wrecking company has its principal place of business, to be put in the county's general fund. Section 3. Upon completion of the sale or disposition of the motor vehicle, the wrecking company shall furnish the Department of Public Safety the following information: (a) A description of the motor vehicle, including serial number, motor number and indentifying marks; and (b) Amount of the sale price; and Reports. (c) Amount of the charges against the vehicle; and (d) The name and address of the purchaser or transferee of the motor vehicle; and (e) The exact location where the motor vehicle was recovered; and

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(f) The name and address of the law enforcement official consenting to or ordering the motor vehicle to be removed to the wrecking company's place of business; and (g) The date of sale or transfer. Section 4. Upon completion of the requirements and conditions of section 1, 2 and 3, all liens, security interests and claims against the motor vehicle shall be subordinate to the wrecking company's proceeds, as is permitted by Code section 109A-9-310. Liens. Section 5. For the purpose of this Act, Automobile Wrecking Company shall include any person, firm or corporation which is called upon by authorized law enforcement officials to pick up, tow away and store abandoned or wrecked vehicles. Motor Vehicle shall mean any automobile, truck or farm vehicle which does not exceed three hundred ($300.00) dollars in retail value according to the current Red Book or Blue Book published or other publication then accepted and used by automobile dealers in establishing the value of automobiles, or by securing three bids (which shall be kept for six months from date of sale by the automobile wrecking company). Definitions. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 8, 1968. EMPLOYEES RETIREMENT SYSTEM ACT AMENDEDCREDIT FOR SERVICE IN GENERAL ASSEMBLY. No. 684 (House Bill No. 1037). An Act to amend an Act entitled An Act to establish an employees retirement system; 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 prescribe the duties and

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powers of such Board; to provide for the selection of employees of the Board of Trustees; 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 February 3, 1949 (Ga. L. 1949, p. 138), as amended, so as to provide that any member who was an employee of a State Department as reflected in the State Auditor's Report for the Fiscal Year ending June 30, 1967, who was a member of the General Assembly between January 1, 1954 and January 1, 1967, may receive membership service credit for same provided he makes a contribution of six percent (6%) of his annual base pay and allowances received during such period of time as a member of the General Assembly; to provide when such contributions must be made; to provide that in no case shall more than one year of service be creditable for all services in a calendar year; to provide that upon payment of such contributions as provided for above, such member shall be eligible for any prior service allowable under this Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to establish an employees retirement system; 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 prescribe the duties and powers of such Board; to provide for the selection of employees of the Board of Trustees; 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 April 3, 1949 (Ga. L. 1949, p. 138), as amended, is hereby amended by adding at the end of section 4 a new subsection to be numbered subsection (17) and to read as follows: (17) Any member who was an employee of a State Department as reflected in the State Auditor's Report for the Fiscal Year ending June 30, 1967, who was a member of the General Assembly between January 1, 1954 and January

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1, 1967, may receive membership service credit for same provided he makes a contribution of six percent (6%) of his annual base pay and allowances received during such period of time as a member of the General Assembly, provided however, such contributions must be made within a twenty-four month period from the effective date of this Subsection; provided further that in no case shall more than one year of service be creditable for all services in a calendar year. Upon payment of such contributions as provided for above, such member shall be eligible for any prior service allowable under this Act. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 8, 1968. GEORGIA RETAILERS' AND CONSUMERS' SALES AND USE TAX ACT AMENDEDTRANSIT FACILITIES BY PUBLIC BODIES. No. 685 (House Bill No. 1071). 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, so as to exempt from the tax imposed by said Act all sales by municipalities and counties arising out of their operation of any public transit facility and sales by public transit authorities or charges by such municipalities, counties or authorities for the transportation of passengers upon their conveyances; to repeal conflicting laws; and for other purposes. 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, is hereby amended by adding at the end of section 3 (c) (2) a new subparagraph (v) to read as follows:

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(v) Sales by municipalities and counties arising out of their operation of any public transit facility and sales by public transit authorities or charges by such municipalities, counties or authorities for the transportation of passengers upon their conveyances. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 8, 1968. GAME AND FISHCOMMERCIAL FISHING, ETC. No. 686 (House Bill No. 1111). An Act to revise, consolidate and supersede the laws of this state relative to game and fish, approved March 7, 1955 (Ga. L. 1955, p. 483) as amended, particularly by an Act approved March 9, 1956 (Ga. L. 1956, p. 590), an Act approved February 26, 1957, (Ga. L. 1957, p. 96), an Act approved March 25, 1958 (Ga. L. 1958, p. 408), an Act approved March 3, 1962 (Ga. L. 1962, p. 477), an Act approved April 9, 1963 (Ga. L. 1963, p. 454), an Act approved March 3, 1964 (Ga. L. 1964, p. 174), an Act approved March 10, 1966 (Ga. L. 1966, p. 270), an Act approved April 14, 1967 (Ga. L. 1967, p. 612), so as to change the license fees for commercial fishing boats; to remove the provisions requiring licensees of commercial fishing boats to pay an additional fee for a metal display tag; to repeal section 20 of an Act approved March 9, 1956 (Ga. L. 1956, p. 590, 600); to repeal the provisions of section 2 of an Act approved March 25, 1958 (Ga. L. 1958, p. 408, 409); to repeal an Act approved March 17, 1958 (Ga. L. 1958, p. 2695); to repeal an Act approved April 9, 1963 (Ga. L. 1963, p. 454); to repeal an Act approved March 3, 1964 (Ga. L. 1964, p. 174); to repeal an Act approved March 10, 1966 (Ga. L. 1966, p. 270); to change the dates for opening and closing the tidal and salt waters of this state to commercial shrimping and crabbing with

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power drawn nets; to authorize the State Game and Fish Commission to open or close any portion of the tidal or salt waters of this State to commercial shrimping and crabbing with power drawn nets under certain conditions; to change the shrimp count to be used in determining whether the tidal or salt waters shall be open or closed to commercial shrimping and crabbing with power drawn nets; to provide for the use of beach seines; to remove the provisions relating to conducting elections to determine if a sound shall be open to shrimp trawling during certain periods; to remove the provisions relating to the declaration of the result of such elections; to remove the provisions relating to the closing of certain sounds in this state; to authorize the State Game and Fish Commission to close any portion of the tidal or salt waters to commercial shrimping, crabbing or fishing under certain conditions; to authorize the State Game and Fish Commission to zone the tidal and salt waters of this state; to change the count of shrimp that may be legally possessed in this state; to provide for the taking of crabs with power drawn nets in certain waters; to provide penalties for violations of the provisions of this Act; 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 revising, consolidating and superseding the laws of this state relating to game and fish, approved March 7, 1955 (Ga. L. 1955, p. 483), as amended, particularly by an Act approved March 9, 1956 (Ga. L. 1956, p. 590), an Act approved February 26, 1957 (Ga. L. 1957, p. 96), an Act approved March 3, 1964 (Ga. L. 1964, p. 174), an Act approved March 10, 1966 (Ga. L. 1966, p. 270), and an Act approved April 14, 1967 (Ga. L. 1967, p. 612), is hereby amended by striking subsections (a), (b) and (c) of section 34 in their entirety and inserting in lieu thereof new subsections (a), (b) and (c) to read as follows: (a) No boat or vessel shall engage in commercial fishing operations in the tidal or salt waters of this state nor shall any person land and sell fish, crustaceans or mollusks in

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this state without first obtaining a valid commercial boat license. Commercial fishing operations as used in this section shall include all operations preparatory to, during, and subsequent to the taking of fish, crustaceans or mollusks: (1) with or by use of commercial fishing equipment as designated by the commission, or: (2) by any means if the catch is sold even though such sale was not the primary purpose for the taking of such fish, crustaceans or mollusks. The owner or operator of such boat or vessel shall present in writing an application for such license, setting forth such data and information as the commission shall deem necessary. Application shall be made on forms as prescribed by the commission, and shall be under oath and duly witnessed by an officer authorized by law to administer oaths. Commercial fishing licenses. (b) The commission, upon receipt of such application may investigate the applicant and may, at their discretion, refuse to license any applicant who has been convicted, within five years, of violating the laws or regulations pertaining to the taking of fish, crustaceans or mollusks in the tidal or salt waters of this state. Convicted or conviction as used in this section shall include pleas of guilty, conviction by a court or jury of competent juridiction or a plea of nolo contendere. (c) License fees for commercial boats required under this section shall be as follows: a trawler, (which shall be any boat or vessel which utilizes one or more trawl or power drawn nets in the taking of shrimp, crabs, or fish), up to and including eighteen (18) feet in overall length, $25.00. More than eighteen (18) feet in overall length, $25.00 plus fifty cents (50) per foot or fraction thereof of overall length in excess of eighteen (18) feet. All boats, other than trawlers, up to and including eighteen (18) feet overall length $5.00. Over eighteen (18) feet overall length fifty cent (50) per foot or fraction thereof. To defray the additional cost of regulating and policing, aliens and non-residents shall be charged an additional license fee of $25.00 for each boat or vessel used in commercial fishing

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or in the taking of seafood, owned in whole or in part by such non-resident or alien. The license issued under this section, either to residents or non-residents or aliens, shall be effective from April 1 through March 31 next following. Section 2. Said Act is further amended by striking section 35 in its entirety and inserting in lieu thereof a new section 35 to read as follows: Section 35. Each boat, or vessel licensed by the commission shall have securely fixed on each side of the bow or pilot house thereof, and conspicuously displayed in order that it may be read from a reasonable distance, a tag of such style and size which shall be furnished by the commission. Each boat or vessel so licensed shall also have painted upon such boat or vessel, in a size and upon such part as prescribed by the commission, such numbers and letters which shall identify such boat or vessel more easily. The paint used for said purpose shall be different from and in clear contrast in color to the boat or vessel on which applied. The numbers and letters so painted on said boat or vessel shall not be covered at any time while said boat or vessel is trawling or fishing or taking any seafood, by any cloth or other object so as to obscure or make the same invisible to the public or to any inspector or agent of the commission. Failure to comply with the provision of this section shall be a misdemeanor and persons so violating shall be punished as provided by law. License tags and identification. Section 3. Said Act is further amended by striking section 94 in its entirety and inserting in lieu thereof a new section 94 to read as follows: Section 94. (a) Except as otherwise specifically provided, it shall be unlawful for any person to use a power drawn net in any of the tidal or salt waters of this state between January 1 and May 31 of any year. The State Game and Fish Commission shall have the power to open any portion of the tidal or salt waters of this State to commercial shrimping and crabbing with power drawn nets during the months of January, May, October, November and December

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when the count of shrimp in such portion of the tidal or salt waters do not exceed fifty-five (55) shrimp with heads on to the pound, or during the months of June, July, August and September when the count of shrimp in such portion of the tidal or salt waters do not exceed forty-five (45) shrimp with heads on to the pound. The State Game and Fish Commission shall have the power to close any portion of the tidal or salt waters of this state to commercial shrimping or crabbing with power drawn nets at any time the count of shrimp in such portion of the tidal or salt waters exceed forty-five (45) shrimp with heads on to the pound during the months of June, July, August and September or fifty-five (55) shrimp with heads on to the pound during the months of January, May, October, November and December. Officers, agents or representatives duly authorized by the State Game and Fish Commission shall determine by inspection the count of shrimp in the tidal or salt waters of this state and findings by said authorized officers, agents or representatives shall be conclusive as to the count of shrimp per pound, provided that such count shall be made in the presence of two residents of the county affected, both of whom shall be commercial shrimpers. In order to inform the commercial fishermen of the opening or closing of said waters as herein provided, the State Game and Fish Commission shall post notices at the courthouse and on all shrimp docks in the county in which such tidal or salt waters lie, or in each county in which tidal or salt waters lie should they be in more than one county, and by any other means as may appear feasible. Tidal and salt waters. (b) Except as otherwise specifically provided, it shall be unlawful to fish at any time with nets other than cast nets except for shad or sturgeon in any of the tidal rivers and creeks of this state. Nothing contained herein shall be construed so as to prohibit any person from using a beach seine along any public beach.

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(c) Any net used in violation of this section or in violation of section 94A, as hereinafter provided, shall be seized by any sheriff or other arresting officer (including wildlife rangers and other agents or representatives of the Game and Fish Commission) who shall report the same, within ten (10) days after said seizure, to the solicitor of the county, city or superior court having jurisdiction thereof in the county where the seizure was made, whose duty it shall be, within ten (10) days from receipt of such notice, to institute condemnation proceedings in said court by petition, a copy of which shall be served on the owner, if known, and if such owner is unknown, notice of such proceedings shall be published once a week for two weeks in the newspaper in which the sheriff's advertisements are published. This paragraph shall apply even as to nets which were owned by a person, firm or corporation other than the person illegally using same, in those cases where such owner either loaned such nets to the person illegally using same, or where the latter had legal custody or possession thereof by virtue of a contract of leasing, bailment, renting, conditional sales contract, bill of sale to secure debt, or contract of employment, and in such case, notice shall be given to such owner as hereinbefore provided, as the case may be. If no defense shall be filed within thirty (30) days from the filing of such petition, judgment by default shall be entered by the court at chambers, otherwise the case shall proceed as other civil cases in said court. Should it appear upon the trial of the case that said net was so used, the same shall be sold by order of court after such advertisement as the court may direct. The proceeds thereof shall be applied: 1. To the payment of the expenses in said case, including the expenses incurred in the seizure; 2. To the payment of the costs of the court which shall be the same as now allowed by law in cases of forfeiture or recognizance;

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3. The remainder, if any, shall be paid into the county treasury to be held as a separate fund to be paid out under order of the court as insolvent costs in other cases arising from the violation of any of the provisions of this law: Provided, that in any county in which any of the officers of either the county, city or superior courts are now on salary, or hereafter placed on a salary, such remainder of the funds applicable to the payment of insolvent costs of such officer or officers shall be retained in the general fund of, and become the property of such county. (d) It shall be unlawful at any time for any person, firm, or corporation to have in possession any shrimp which count of said shrimp exceeds 45 shrimp with heads on to the pound, or 74 shrimp with heads off to the pound, during the months of June, July, August, and September, or 55 shrimp with heads on to the pound, or 91 shrimp with heads off to the pound during the months of January, May, October, November and December except as to shrimp used for live bait. Any shrimp found in violation of the provisions of this section is hereby declared to be contraband and shall be subject to seizure by wildlife rangers. Any shrimp seized under the provisions hereof shall be turned over to a charitable institution for consumption. (e) The State Game and Fish Commission shall have the power to close any portion of the tidal and salt waters of this state to commercial shrimping, crabbing or fishing in the event of a disaster likely to cause marine life to be unfit for human consumption, or in the event of any other emergency situations. (f) Nothing contained in this section shall be construed so as to prohibit any person from fishing in the tidal or salt waters of this state for shrimp to be used or sold for live bait as provided in section 94A. (g) Nothing contained in this section shall be construed so as to prohibit any person from taking crabs, with power drawn nets, from Sapelo sound or any waters outside, on the seaward side, of any sounds at any time during the year with nets of four and one-half (4) inch stretched mesh only.

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Section 4. For the purpose of enforcing the provisions of this Act, the State Game and Fish Commission is hereby authorized to zone the tidal and salt waters of this state. Zones. Section 5. Any person violating any provision of this Act shall, upon conviction, be guilty of a misdemeanor and punished as provided by law. In addition to the fine and/or sentence which may be imposed, the court may, at its discretion, suspend the license of a violator for two weeks upon conviction of the first offense, suspend the license of a violator for one month upon conviction of the second offense, or revoke the license of a violator for two years upon conviction of the third offense. Crimes. Section 6. The intent of this Act is to provide a uniform law relating to the tidal and salt waters of this state and the taking of seafood therefrom. Intent. Section 7. Should any section of this Act be declared unconstitutional, such section shall have no effect upon the validity of any other section in this Act and all sections are declared to be severable. Severability. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 8, 1968. REAPPORTIONMENT OF HOUSE OF REPRESENTATIVES. Code 47-101 Amended. No. 689 (House Bill No. 1226). An Act to amend Code Section 47-101, relating to the apportionment of the membership of the House of Representatives, as amended, particularly by an Act approved March 29, 1967 (Ga. L. 1967, p. 187), so as to provide

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for the apportionment of the members of the House of Representatives; to provide for Representative Districts; to provide that the House of Representatives shall consist of 195 members; to provide for the designation of posts; to provide that members of the House of Representatives shall be elected by the voters of the Representative Districts which they represent; to provide for residence; to provide for the first election under such apportionment; to provide when the first members elected shall take office; to provide for the continuation of the present apportionment of the House of Representatives until a certain time; to provide for other matters relative to the foregoing; to provide for severability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 47-101, relating to the apportionment of the membership of the House of Representatives, as amended, particularly by an Act approved March 29, 1967 (Ga. L. 1967, p. 187), is hereby amended by striking the language of said section in its entirety and inserting in lieu thereof new language to read as follows: There shall be 195 members of the House of Representatives and such membership shall be apportioned among the Representative Districts provided for hereinafter. Each such District shall be composed either of a portion of a county, or a county, or counties, or any combination thereof, as provided for hereinafter, and shall be represented by the number of Representatives provided for hereinafter. Code 47-101 Amended. District No. 1: Dade Walker3 Representatives. District No. 2: Catoosa1 Representative. District No. 3: Whitfield Murray3 Representatives.

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District No. 4: Fannin Gilmer1 Representative. District No. 5: Lumpkin, White, Towns Union1 Representative. District No. 6: Habersham, Stephens Rabun2 Representatives. District No. 7: Chattooga1 Representative. District No. 8: Gordon1 Representative. District No. 9: Floyd3 Representatives. District No. 10: Pickens, Bartow Cherokee3 Representatives. District No. 11: Dawson, Hall Forsyth3 Representatives. District No. 12: Banks, Franklin Hart2 Representatives. District No. 13: Gwinnett2 Representatives. District No. 14: Barrow Oconee1 Representative. District No. 15: Jackson1 Representative. District No. 16: Clarke2 Representatives. District No. 17: Madison Oglethorpe1 Representative. District No. 18: Elbert1 Representative. District No. 19: Polk Haralson2 Representatives. District No. 20: Carroll2 Representatives. District No. 21: Clayton3 Representatives. District No. 22: Henry1 Representative.

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District No. 23: Newton1 Representative. District No. 24: Walton1 Representative. District No. 25: Morgan Greene1 Representative. District No. 26: Wilkes, Lincoln Taliaferro1 Representative. District No. 27: Jasper, Jones Twiggs1 Representative. District No. 28: Putnam Hancock1 Representative. District No. 29: Warren, McDuffie, Glascock Columbia2 Representatives. District No. 30: Troup, Coweta Heard4 Representatives. District No. 31: Meriwether1 Representative. District No. 32: Fayette Spalding2 Representatives. District No. 33: Butts Monroe1 Representative. District No. 34: Baldwin Wilkinson2 Representatives. District No. 35: Washington1 Representative. District No. 36: Jefferson1 Representative. District No. 37: Burke1 Representative. District No. 38: Harris Talbot1 Representative. District No. 39: Upson, Pike Lamar2 Representatives. District No. 40: Crawford Peach1 Representative. District No. 41: Houston2 Representatives.

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District No. 42: Laurens Johnson2 Representatives. District No. 43: Emanuel1 Representative. District No. 44: Bulloch, Jenkins, Screven Effingham3 Representatives. District No. 45: Taylor, Marion, Webster, Chattahoochee Stewart2 Representatives. District No. 46: Sumter, Schley Macon2 Representatives. District No. 47: Dooly, Crisp Worth2 Representatives. District No. 48: Wilcox, Turner, Ben Hill Irwin2 Representatives. District No. 49: Bleckley, Pulaski, Dodge Telfair2 Representatives. District No. 50: Treutlen, Wheeler Montgomery1 Representative. District No. 51: Tattnall, Long Toombs2 Representatives. District No. 52: Candler, Evans Bryan1 Representative. District No. 53: Calhoun Randolph1 Representative. District No. 54: Terrell Lee1 Representative. District No. 55: Coffee1 Representative. District No. 56: Jeff Davis Appling1 Representative. District No. 57: Bacon Pierce1 Representative. District No. 58: Wayne1 Representative. District No. 59: Liberty McIntosh1 Representative.

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District No. 60: Quitman, Early Clay1 Representative. District No. 61: Dougherty Baker4 Representatives. District No. 62: Mitchell1 Representative. District No. 63: Colquitt, Cook Tift3 Representatives. District No. 64: Lanier, Berrien Atkinson1 Representative. District No. 65: Clinch Ware2 Representatives. District No. 66: Brantley, Charlton Camden1 Representative. District No. 67: Glynn2 Representatives. District No. 68: Miller, Seminole Decatur2 Representatives. District No. 69: Grady1 Representative. District No. 70: Thomas2 Representatives. District No. 71: Brooks, Lowndes Echols3 Representatives. District No. 72: All that portion of DeKalb County contained in the following election precincts as such election precincts existed on February 1, 1968: Brookhaven, Chamblee, Doraville, Huntley Hills, Jim Cherry, Montgomery, Oakcliff, Shallowford, South Chamblee, Woodward2 Representatives. District No. 73: All that portion of DeKalb County contained in the following election precincts as such election precincts existed on February 1, 1968: Briarlake, Coralwood, Hawthorne, Henderson, Heritage, Rehoboth, Skyland, Warren2 Representatives. District No. 74: Rockdale County and all that portion of DeKalb County contained in the following election precincts

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as such election precincts existed on February 1, 1968: Clarkston, Diamond, Evans `A', Lithonia, Phillips, Pine Lake, Redan, Stone Mountain, Tucker2 Representatives. District No. 75: All that portion of DeKalb County contained in the following election precincts as such election precincts existed on February 1, 1968: Cedar Grove, Columbia, East Atlanta, Evans `B', Gresham Park, Hooper Alexander, Kelly Lake, Knollwood, Leslie J. Steele, McWilliams, Midway, Peachcrest, Parkview, Skyhaven, Southwest DeKalb, Terry Mill, Toney, Wadsworth4 Representatives. District No. 76: All that portion of DeKalb County contained in the following election precincts as such election precincts existed on February 1, 1968: College Heights `B', East Lake, Edgewood `A', North Kirkwood, South Kirkwood1 Representative. District No. 77: All that portion of DeKalb County contained in the following election precincts as such election precincts existed on February 1, 1968: Avondale, College Heights `A', Edgewood `B', Edgewood `C', Emory, Fernbank, Glenwood Decatur, Johnson Estates, Johnson Estates `B', Kittredge, Laurel Ridge, Mason Mill, Medlock, Oakhurst, Ponce de Leon, Sagamore, Scottdale, W. D. Thomson, Winnona4 Representatives. District No. 78: Richmond.3 Representatives. District No. 79: All that portion of Richmond County lying and being within the corporate limits of the City of Augusta as said city limits existed on December 31, 1964.2 Representatives. District No. 80: All that portion of Richmond County lying and being outside the corporate limits of the City of Augusta, Georgia, as said corporate limits of the City of Augusta existed on December 31, 1964.2 Representatives. District No. 81: Bibb.5 Representatives.

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District No. 82: All that portion of Bibb County lying east and north of a line commencing at a point on the centerline of Houston Road (U. S. Highway 41) at the Bibb-Peach-Houston county line; then extending northeasterly along the centerline of Houston Road, then of Houston Avenue and then to Broadway to the intersection of the centerlines of Broadway and Edgewood Avenue; then extending northwesterly along the centerline of Edgewood Avenue to the centerline of Linden Avenue; then extending northeasterly along the centerline of Linden Avenue and along an extension thereof northeasterly across the Central of Georgia Railroad right-of-way to the centerline of Frank's Alley; then extending northeasterly along the centerline of Frank's Alley and then along an extension thereof northeasterly across Hardeman Avenue to the centerline of Northwest Boundary Street; then extending northeasterly along the centerline of Northwest Boundary Street and along an extension thereof northeasterly across Riverside Drive and Riverside Cemetery to the center of the Ocmulgee River; then extending along the center of said Ocmulgee River in a generally northerly direction to a point on an extension northeasterly of the centerline of North Forest Avenue; then extending southwesterly along said extension of said North Forest Avenue and then along the centerline of North Forest Avenue to the centerline of Riverside Drive; then extending northwesterly along the centerline of Riverside Drive to the centerline of Ingleside Avenue; then extending southwesterly and then westerly along the centerline of Ingleside Avenue to the centerline of Ridge Avenue; then extending northwesterly along the centerline of Ridge Avenue to the centerline of Tyrone Boulevard; then extending southwesterly along the centerline of Tyrone Boulevard to the centerline of Vineville Avenue; then extending northwesterly along the centerline of Vineville Avenue and then along the centerline of Forsyth Road to the Bibb-Monroe county line.1 Representative. District No. 83: All that portion of Bibb County lying west and south of a line commencing at a point on the centerline of Houston Road (U. S. Highway 41) at the Bibb-Peach-Houston county line; then extending northeasterly along the centerline of Houston Road, then of Houston

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Avenue and then of Broadway to the intersection of the centerlines of Broadway and Edgewood Avenue; then extending northwesterly along the centerline of Edgewood Avenue to the centerline of Linden Avenue; then extending northeasterly along the centerline of Linden Avenue and along an extension thereof northeasterly across the Central of Georgia Railroad right-of-way to the centerline of Frank's Alley; then extending northeasterly along the centerline of Frank's Alley and then along an extension thereof northeasterly across Hardeman Avenue to the centerline of Northwest Boundary Street; then extending northeasterly along the centerline of Northwest Boundary Street and along an extension thereof northeasterly across Riverside Drive and Riverside Cemetery to the center of the Ocmulgee River; then extending along the center of said Ocmulgee River in a generally northerly direction to a point on an extension northeasterly of the centerline of North Forest Avenue; then extending southwesterly along said extension of said North Forest Avenue and then along the centerline of North Forest Avenue to the centerline of Riverside Drive; then extending northwesterly along the centerline of Riverside Drive to the centerline of Ingleside Avenue; then extending southwesterly and then westerly along the centerline of Ingleside Avenue to the centerline of Ridge Avenue; then extending northwesterly along the centerline of Ridge Avenue to the centerline of Tyrone Boulevard; then extending southwesterly along the centerline of Tyrone Boulevard to the centerline of Vineville Avenue; then extending northwesterly along the centerline of Vineville Avenue and then along the centerline of Forsyth Road to the Bibb-Monroe county line.1 Representative. District No. 84: Muscogee.3 Representatives. District No. 85: That portion of Muscogee County, more particularly described as follows: That area south of a point where the centerline of 17th Street intersects the Chattahoochee River and running thence in an easterly direction along the centerline of said 17th Street to the centerline of Dell Drive and running thence south along the centerline of Dell Drive to the south

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line of Macon Road and running thence in an easterly direction along the south line of said Macon Road to the boundary line of the Fort Benning Military Reservation, and thence easterly along the said Reservation line to the east line of said county.2 Representatives. District No. 86: That portion of Muscogee County, more particularly described as follows: That area north of a point where the centerline of 17th Street intersects the Chattahoochee River and running thence in an easterly direction along the centerline of said 17th Street to the centerline of Dell Drive and running thence south along the centerline of Dell Drive to the south line of Macon Road and running thence in an easterly direction along the south line of said Macon Road to the boundary line of the Fort Benning Military Reservation, and thence easterly along the said Reservation line to the east line of Muscogee County.2 Representatives. District No. 87: That portion of Chatham County within the following boundaries: Begin at a point at the intersection of the Savannah and Ogeechee Canal with the line dividing Chatham County from Bryan County and run thence in a counterclockwise direction along the meanderings of the ChathamBryan line and the southern and eastern boundary lines of Chatham County to its point of the intersection with Green Island Sound; thence northwardly along the centerline of the channels of Green Island Sound and the Vernon River to its intersection with the westerly projection of the centerline of Bethesda Road; thence eastwardly along the western projection of the centerline of Bethesda Road to its intersection with the centerline of Whitfield Avenue; thence eastwardly along the centerline of Bethesda Road to its intersection with the centerline of Ferguson Avenue; thence eastwardly along the eastern projection of the centerline of Bethesda Road to the centerline of Shipyard Creek; thence northwardly along the meanderings of Shipyard Creek to the centerline of Skidaway Road; thence northwestwardly along the centerline of Skidaway Road to the

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centerline of Montgomery Cross Road; thence westwardly along the centerline of Montgomery Cross Road to the centerline of Waters Road; thence northwardly along the centerline of Waters Road to the centerline of Stephenson Avenue; thence westwardly along the centerline of Stephenson Avenue to the western line of White Bluff Road at the city limits line of the City of Savannah; thence in a clockwise direction along the meanderings of the city limits line of the City of Savannah to the centerline of Interstate Highway I-16 at its intersection with Endley Street and Seaboard Coastline Railroad; thence westwardly along the centerline of I-16 to the point of its intersection with the Savannah and Ogeechee Canal; thence southwestwardly along the meanderings of said canal to the point of beginning; all references herein to the city limits lines of the City of Savannah being as they existed on January 1, 1968.1 Representative. District No. 88. That portion of Chatham County lying within the corporate limits of the City of Savannah and within the following boundaries: Begin at the point of intersection of the northern projection of the centerline of West Broad Street and the northern city limits line of the City of Savannah and run thence southwardly along the centerline of West Board Street to the centerline of Victory Drive; thence eastwardly along the centerline of Victory Drive to the centerline of Price Street; thence northwardly along the centerline of Price Street to the centerline of Hartridge Street; thence eastwardly along the centerline of Hartridge Street and the eastern projection thereof to the centerline of the Bilbo Canal; thence northwardly along the centerline of the meanderings of the Bilbo Canal to the south bank of the Savannah River; thence along the line of the city limits of the City of Savannah in a counterclockwise direction across the Savannah River and on Hutchinson Island and/ or Fig Island to the point of beginning; all references herein to the city limits lines of the City of Savannah being as they existed on January 1, 1968.1 Representative. District No. 89: That portion of Chatham County lying

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within the corporate limits of the City of Savannah within the following boundaries: Begin at the point of intersection of the centerline of Victory Drive and the centerline of Waters Avenue and run westwardly along the centerline of Victory Drive to the centerline of Hopkins Street; thence southwardly along the centerline of Hopkins Street to the centerline of 52nd Street; thence eastwardly along the centerline of 52nd Street to the city limits line of the City of Savannah; thence counterclockwise southwestwardly, eastwardly, northwardly and again eastwardly along the city limits line of the City of Savannah to the western line of White Bluff Road; thence northwardly along the western line of White Bluff Road to the centerline of Janet Drive; thence eastwardly along the centerlines of Janet Drive and its eastern projection and of the drainage canal separating Oakdale and Habersham Woods Subdivisions from Groveland and Kensington Park Subdivisions to the centerline of Waters Road; thence northwardly along the centerline of Waters Road to the point of beginning; all references herein to the city limits lines of the City of Savannah being as they existed on January 1, 1968.1 Representative. District No. 90: That portion of Chatham County lying within the corporate limits of the City of Savannah within the following boundaries: Begin at the point of intersection of the centerline of Gwinnett Street and the centerline of Pennsylvania Avenue and run Eastwardly along the centerline of Gwinnett Street to the city limits line of the City of Savannah as it existed on January 1, 1968; thence Southwardly in a clockwise direction along the city limits to the centerline of Victory Drive; thence Westwardly along the centerline of Victory Drive to the centerline of Skidaway Road; thence Southwardly along the centerline of Skidaway Road to the centerline of DeRenne Avenue; thence Westwardly along the centerline of DeRenne Avenue to the centerline of the Casey Canal; thence Southwardly along the meanderings of the Casey Canal to the centerline of Bacon Park Drive; thence Eastwardly along the centerline of Bacon Park Drive to the

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centerline of Lovett Drive; thence Southwardly along the centerline of Lovett Drive and its southern projection to the centerline of Thomas Avenue; thence Southwardly along the centerline of Thomas Avenue to the centerline of Intermediate Road; thence Westwardly along the centerline of Intermediate Road to the centerline of Waters Road; thence Northwardly along the centerline of Waters Road to the centerline of Stephenson Avenue; thence Westwardly along the centerline of Stephenson Avenue to the centerline of White Bluff Road; thence Northwardly along the centerline of White Bluff Road to the centerline of Janet Drive; thence Eastwardly along the centerline of Janet Drive and its Eastern extension and of the drainage canal separating Oakdale and Habersham Woods Subdivisions from Groveland and Kensington Park Subdivisions to the centerline of Waters Road; thence Northwardly along the centerline of Waters Road to the centerline of 32nd Street; thence Eastwardly along the centerline of 32nd Street to the centerline of Bee Road; thence Northwardly along the centerline of Bee Road to the centerline of Duffy Street; thence Eastwardly along the centerline of Duffy Street to the centerline of Skidaway Road; thence Southeastwardly along the centerline of Skidaway Road to the centerline of Pennsylvania Avenue; thence Northwardly along the centerline of Pennsylvania Avenue to the point of beginning; all references herein to the city limits lines of the City of Savannah being as they existed on January 1, 1968.1 Representative. District No. 91: That portion of Chatham County lying within the corporate limits of the City of Savannah and within the following boundaries: Begin at the point of intersection of the centerline of Price Street and the centerline of Hartridge Street and run eastwardly along the centerline of Hartridge Street and the eastern projection thereof to the centerline of the Bilbo Canal; thence northwardly along the meanderings of the Bilbo Canal to the centerline of President Street Extension; thence eastwardly along the centerline of President Street Extension to the centerline of Nevada Avenue; thence southwardly along the centerline of Nevada Avenue to the centerline of Liberty Street; thence eastwardly along the

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centerline of Liberty Street to the centerline of Jones Street; thence southwardly along the centerline of Jones Street to the centerline of Hayward Court; thence eastwardly along the centerline of Hayward Court and the eastern projection thereof to the city limits line of the City of Savannah; thence southwardly along the city limits line of the City of Savannah to the centerline of Gwinnett Street; thence westwardly along the centerline of Gwinnett Street to the centerline of Pennsylvania Avenue; thence southwardly along the centerline of Pennsylvania Avenue to the centerline of Skidaway Road; thence northwestwardly along the centerline of Skidaway Road to the centerline of Duffy Street; thence westwardly along the centerline of Duffy Street to the centerline of Bee Road; thence southwardly along the centerline of Bee Road to the centerline of 32nd Street; thence westwardly along the centerline of 32nd Street to the centerline of Waters Avenue; thence southwardly along the centerline of Waters Avenue to the centerline of Victory Drive; thence westwardly along the centerline of Victory Drive to the centerline of Price Street; thence northwardly along the centerline of Price Street to the point of beginning; all references herein to the city limits lines of the City of Savannah being as they existed on January 1, 1968.1 Representative. District No. 92: That portion of Chatham County lying within the following boundaries: Begin at a point at the northern projection of the centerline of West Broad Street with the northern city limits line of the City of Savannah and run thence northwardly along the northern projection of the centerline of West Broad Street to the line of the Savannah River dividing Georgia from South Carolina; thence eastwardly along the meanderings of the Georgia - South Carolina line and the northern and eastern boundary lines of Chatham County to its point of intersection with Green Island Sound; thence northwardly along the centerline of the channels of Green Island Sound and the Vernon River to its intersection with the westerly projection of the centerline of Bethesda Road; thence eastwardly along the western projection of the centerline of Bethesda Road to its intersection with the centerline

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line of Whitfield Avenue; thence eastwardly along the centerline of Bethesda Road to its intersection with the centerline of Ferguson Avenue; thence eastwardly along the eastern projection of the centerline of Bethesda Road to the centerline of Shipyard Creek; thence northwardly along the meanderings of Shipyard Creek to the centerline of Skidaway Road; thence northwardly along the centerline of Skidaway Road to the centerline of Montgomery Cross Road; thence westwardly along the centerline of Montgomery Cross Road to the centerline of Waters Road; thence northwardly along the centerline of Waters Road to the centerline of Intermediate Road; thence eastwardly along the centerline of Intermediate Road to the centerline of Thomas Avenue; thence northwardly along the centerline of Thomas Avenue to the southern projection of the centerline of Lovett Drive; thence northwardly along the southern projection of the centerline of Lovett Drive and the centerline of Lovett Drive to the centerline of Bacon Park Drive; thence westwardly along the centerline of Bacon Park Drive to the centerline of the Casey Canal; thence northwardly along the meanderings of the Casey Canal to the centerline of DeRenne Avenue; then eastwardly along the centerline of DeRenne Avenue to the centerline of Skidaway Road; thence northwardly along the centerline of Skidaway Road to the centerline of Victory Drive; thence eastwardly along the centerline of Victory Drive to the city limits line of the City of Savannah; thence northwardly in a counterclockwise direction along the city limits line to the centerline of the eastern projection of Hayward Court; thence westwardly along the eastern projection of the centerline of Hayward Court and the centerline of Hayward Court to the centerline of Jones Street; thence northwardly along the centerline of Jones Street to the centerline of Liberty Street; thence westwardly along the centerline of Liberty Street to the centerline of Nevada Street; thence northwardly along the centerline of Nevada Street to the centerline of President Street Extension; thence westwardly along the centerline of President Street Extension to the centerline of the Bilbo Canal; thence northwardly along the centerline of the meanderings of the Bilbo Canal to the south bank of the Savannah River; thence along the line of the city limits of the City of Savannah in a counterclockwise

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direction across the Savannah River and on Hutchinson Island and/or Fig Island to the point of beginning; all references herein to the city limits lines of the City of Savannah being as they existed on January 1, 1968.1 Representative. District No. 93: That portion of Chatham County lying within the following boundaries: Begin at the intersection of the northern projection of the centerline of West Board Street with the northern city limits line of the City of Savannah and run thence northwardly along the northern projection of the centerline of West Broad Street to the line of the Savannah River dividing Georgia from South Carolina; thence westwardly and northwardly along the meanderings of the GeorgiaSouth Carolina line to its point of intersection with the line dividing Chatham County from Effingham County; thence southwardly along the Chatham-Effingham line to the point of intersection of the dividing lines of Chatham, Bryan and Effingham Counties; thence along the meanderings of the Chatham-Bryan line to its intersection with the Savannah and Ogeechee Canal; thence northeastwardly along the meanderings of said canal to the centerline of Interstate Highway I-16; thence eastwardly along the centerline of I-16 to the centerline of the Seaboard Coastline Railroad mainline; thence northwestwardly along the centerline of the Seaboard Coastline Railroad mainline to the centerline of the Savannah and Ogeechee Canal; thence eastwardly along the meanderings of the S. O. Canal to the centerline of Toledo Street; thence northwardly along the centerline of Toledo Street and its northern projection to the centerline of Coner Street; thence eastwardly along the centerline of Coner Street to the centerline of McIntyre Street; thence northwardly along the centerline of McIntyre Street to the centerline of Augusta Avenue; thence eastwardly along the centerline of Augusta Avenue to the centerline of Millen Street; thence northwardly along the centerline of Millen Street to the centerline of Bay Street; thence eastwardly along the centerline of Bay Street past East Lathrop Avenue to the city limits line of the City of Savannah, thence along the city limits line of the City of Savannah

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in a northerly and clockwise direction across the Savannah River and on Hutchinson Island to the point of beginning; all references herein to the city limits lines of the City of Savannah being as they existed on January 1, 1968.1 Representative. District No. 94: That portion of Chatham County lying within the following boundaries: Begin at the point of intersection of the northern projection of the centerline of West Broad Street and the northern city limits line of the City of Savannah and run thence southwardly along the centerline of West Broad Street to the centerline of Victory Drive; thence westwardly along the centerline of Victory Drive to the western city limits line of the City of Savannah; thence in a clockwise direction along the meanderings of the city limits line of the City of Savannah to the centerline of Interstate Highway I-16 at its intersection with Endley Street and Seaboard Coastline Railroad; thence westwardly along the centerline of I-16 to the centerline of the Seaboard Coastline Railroad mainline; thence northwestwardly along the centerline of the Seaboard Coastline Railroad mainline to the centerline of the Savannah and Ogeechee Canal; thence eastwardly along the meanderings of the S. O. Canal to the centerline of Toledo Street; thence northwardly along the centerline of Toledo Street and its northern projection to the centerline of Coner Street; thence eastwardly along the centerline of Coner Street to the centerline of McIntyre Street; thence northwardly along the centerline of McIntyre Street to the centerline of Augusta Avenue; thence eastwardly along the centerline of Augusta Avenue to the centerline of Millen Street; thence northwardly along the centerline of Millen Street to the centerline of Bay Street; thence eastwardly along the centerline of Bay Street past East Lathrop Avenue to the city limits line of the City of Savannah; thence along the city limits line of the City of Savannah in a northerly and clockwise direction across the Savannah River and on Hutchinson Island to the point of beginning; all references herein to the city limits lines of the City of Savannah being as they existed on January 1, 1968.1 Representative.

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District No. 95: Fulton5 Representatives. District No. 96: That portion of Fulton County more particularly described as follows: Beginning at the intersection of Stone Road and the Atlanta City Limits; running thence north and northwest along Stone Road to the intersection of Fairburn Road; running thence north and northeast along Fairburn Road to the intersection of the Atlanta City Limits; running thence north, east and west along Atlanta City Limits to the intersection of North Utoy Creek; running thence generally easterly along North Utoy Creek to the intersection of the southern projection of Beecher Court; running thence north along the southern projection of Beecher Court and Beecher Court to the intersection of Beecher Street; running thence east along Beecher Street to the intersection of Donnally Avenue; running thence southeast along Donnally Avenue to the intersection of Lawton Street and Hall Street; running thence northeast along Lawton Street and Hall Street; running thence northeast along Lawton Street to the intersection of Beecher Street; running thence east along Beecher Street to the intersection of Lee Street; running thence south along Lee Street to the intersection of the Central of Georgia Railroad; running thence south and southwest along the Central of Georgia Railroad to the East Point City Limits on the west of said Central of Georgia Railroad; running thence west, north and south along the East Point and Atlanta City Limits to Stone Road and the point of beginning.1 Representative. District No. 97: That portion of Fulton County more particularly described as follows: Beginning at the intersection of the Northern East Point City Limits and the Central of Georgia Railroad; running thence west, north and south along the East Point City Limits to the intersection of Stone Road; running thence north and northwesterly to the intersection of Fairburn Road; running thence north and northeasterly along Fairburn Road to the intersection of Atlanta City Limits line; running thence north, east and west along the Atlanta City Limits to the intersection of North Utoy Creek; running

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thence westerly along North Utoy Creek to the intersection of Brownlee Road; running thence northwest along Brownlee Road to the intersection of the A. C. L. Railroad; running thence southwest along the A. C. L. Railroad to Fairburn Road; thence south along Fairburn Road to N. Utoy Creek; running thence northwesterly and westerly along Utoy Creek to the intersection of the Chattahoochee River; running thence generally southwest along the Chattahoochee River to the intersection of Camp Creek; running thence northeasterly and southeasterly along Camp Creek to the line dividing the 9th District of formerly Coweta, now Fulton County, from the 14th District of formerly Fayette, now Fulton County, Georgia; running thence southeasterly along the line dividing the 9th District of formerly Coweta, now Fulton County, from the 14th District of Fulton County, and extension thereof, to the southwest corner of Land Lot 140 of the 9th District of formerly Fayette, now Fulton County; running thence east along the south Land Lot line of Land Lots 140, 139, 138, 137, 136, 135, 134 and 133 of the 9th District of formerly Fayette, now Fulton County, Georgia, to a line running in a northeast direction from the southwest corner of Land Lot 124 of the 9th District of formerly Fayette, now Fulton County, Georgia, to the southwest corner of Land Lot 38 of the 14th District of Fulton County, Georgia; running thence east along the south District line of the 14th District of Fulton County, Georgia, to the intersection of the East Point City Limits at the southeast corner of Land Lot 1 of the 14th District of Fulton County, Georgia; running thence south, east, north and northeast along the East Point City Limits to the intersection of the A. W. P. Railroad; running thence northeasterly along the A. W. P. Railroad and Central of Georgia Railroad to the intersection of the East Point City Limits and point of beginning.1 Representative. District No. 98: That portion of Fulton County more particularly described as follows: Beginning at the intersection of the southerly East Point City Limits and the A. W. P. Railroad; running thence west, south, southwest and north along the East Point City Limits to the intersection with the South District line of

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the 14th District of Fulton County, Georgia, at the southeast corner of Land Lot 1 of the 14th District of Fulton County, Georgia; running thence west along the south District line of the 14th District of Fulton County, Georgia, to the intersection of the southwest corner of Land Lot 38 of the 14th District of Fulton County, Georgia; running thence southwest along a line running from the southwest corner of Land Lot 38 of the 14th District of Fulton County, Georgia, to the southwest corner of Land Lot 124 of the 9th District of formerly Fayette, now Fulton County, Georgia, to the intersection of the south Land Lot line of Land Lot 133 of the 9th District of formerly Fayette, now Fulton County, running thence west along the south Land Lot lines of Land Lots 133, 134, 135, 136, 137, 138, 139 and 140 of the 9th District of formerly Fayette, now Fulton County, Georgia, to the intersection of the southwest corner of Land Lot 140 of the 9th District of formerly Fayette, now Fulton County, Georgia; running thence northwest along the District line dividing the 9th District of formerly Fayette and the 7th District of formerly Coweta, and continuing in a northwesterly and northeasterly direction along the District line dividing the 14th District of formerly Fayette and the 9th District of formerly Coweta County, to the intersection of Camp Creek; running thence northwesterly and southwesterly along Camp Creek to the intersection of the Chattahoochee River; running thence southwest along the Chattahoochee River and following the meanderings thereof to the intersection of the most southwesterly point of Fulton County; running thence east, southeast and northeast along the Fulton County line to the intersection of the southern College Park City Limits line; running thence north, east and south along the College Park City Limits line to the intersection of said City Limits line with the A. W. P. Railroad in Land Lot 6 of the 13th District of formerly Clayton, now Fulton County, Georgia; running thence northeasterly along the A. W. P. Railroad to the intersection of the southern East Point City Limits and the point of beginning.1 Representative. District No. 99: That portion of Fulton County more particularly described as follows: Beginning at the intersection of the Georgia Railroad

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and Oakland Avenue; running thence southwest, north and northwesterly along the Georgia Railroad and the W. A. Railroad to the intersection of the projection of Simpson Street; running thence west along Simpson Street and projection to the intersection of Elliott Street; running thence southeast and south along Elliott Street with offsets westerly at Block Place and easterly at Mitchell Street to the intersection of Nelson Street; running thence south and southwesterly along Nelson Street to the intersection of Walker Street; running thence southwesterly along Walker Street to the intersection of Fair Street; running thence southeasterly along Fair Street to the intersection of the Central of Georgia Railroad; running thence southwesterly along the Central of Georgia Railroad to the intersection of Park Street and Whitehall Street; running thence north and northeasterly along Whitehall Street to the intersection of McDaniel Street; running thence southeasterly and southerly along McDaniel Street and the southern projection of McDaniel Street to the intersection of the A. W. P. Railroad; running thence south, east, and northeasterly along the A. W. P. Railroad to the intersection of Capitol Avenue; running thence north along Capitol Avenue to the intersection of Fulton Street; running thence east along Fulton Street with offset at Martin Street to the intersection of Connally Street; running thence north along Connally Street to the intersection of Glenwood Avenue; running thence east along Glenwood Avenue to the intersection of Kelly Street; running thence north along Kelly Street to the intersection of Memorial Drive; running thence east along Memorial Drive to the intersection of Oakland Avenue; running thence north along Oakland Avenue to the Georgia Railroad and the point of beginning.1 Representative. District No. 100: That portion of Fulton County more particularly described as follows: Beginning at the intersection of McDaniel Street and Whitehall Street; running thence south and southwesterly along Whitehall Street to the intersection of the Central of Georgia Railroad; running thence south and southwesterly along the Central of Georgia Railroad and the A. W.

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P. Railroad to the intersection of the Atlanta City Limits; continuing thence along the City Limits of Atlanta and following the meanderings thereof in an easterly, southerly, westerly and northerly direction to the intersection of said City Limits line with the South Expressway at or near Mount Zion Avenue; running thence northerly, northwesterly and northeasterly along the South Expressway to the intersection of the A. . W. P. Railroad; running thence westerly along the A. . W.P. Railroad to the intersection of the southern projection of McDaniel Street; running thence north and northwesterly along the southern projection of McDaniel Street and McDaniel Street to the intersection of Whitehall Street and the point of beginning.1 Representative. District No. 101: That portion of Fulton County more particularly described as follows: Beginning at the intersection of the Northern East Point City Limits with the intersection of the Central of Georgia Railroad; running thence south and southwesterly along the Central of Georgia Railroad and the A. W. P. Railroad to the intersection of the Fulton-Clayton County line; running thence south, east, north and generally east along the Fulton-Clayton County line to the intersection of the easternmost Hapeville City Limit line; running thence north, east, north and west along the Hapeville City Limit line and the projection thereof to the intersection of the East Point City Limit line; running thence north and west along the East Point City Limit line to the Central of Georgia Railroad and the point of beginning; EXCLUDING from the above described tract, however, any land lying within the corporate limits of the City of Atlanta.1 Representative. District No. 102: That portion of Fulton County more particularly described as follows: Beginning at the intersection of Oakland Avenue and the Georgia Railroad; running thence south along Oakland Avenue to the intersection of Memorial Drive; running thence west along Memorial Drive to the intersection of Kelly Street; running thence south along Kelly Street to the

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intersection of Glenwood Avenue; running thence west along Glenwood Avenue to the intersection of Connally Street; running thence south along Connally Street to the intersection of Fulton Street; running thence west along Fulton Street with offset north at Martin Street to the intersection of Capitol Avenue; running thence south along Capitol Avenue to the intersection of the A. W. P. Railroad; running thence north and northeasterly along the A. . W. P. Railroad to the intersection of Memorial Drive; running thence west along Memorial Drive to the intersection of Pearl Street; running thence north along Pearl Street and the projection of Pearl Street to the intersection of the Georgia Railroad; thence southeasterly along the Georgia Railroad to the intersection of Oakland Avenue and the point of beginning.1 Representative. District No. 103: That portion of Fulton County more particularly described as follows: Beginning at the southeast corner of Fulton County, Georgia, where it intersects with the southwest corner of DeKalb County, Georgia; running thence in a northerly direction along the eastern boundary of Fulton County to its intersection with Constitution Road; running thence west along Constitution Road to the intersection of Jonesboro Road; running thence northwesterly along Jonesboro Road to the intersection of Harper Road; running thence west along Harper Road to Burroughs Road; running thence south along Burroughs Road to the intersection of McWilliams Road; running thence west and southwesterly along McWilliams Road and Brown's Mill Road to the intersection of South River; running thence north and northwesterly along South River to its intersection with the west land lot line of Land Lot 59 of the 14th District of Fulton County; running thence north along the west land lot lines of Land Lots 59 and 58 to the intersection of Claire Drive and Capitol Avenue; running thence north along Capitol Avenue to the intersection of the A. . W. P. Railroad; running thence south and southwesterly along the A. W. P. Railroad to the South Expressway; running thence southerly along the South Expressway to the southern Hapeville City Limits; running thence southwest, northwest

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and south along the Hapeville City Limits to the South Fulton County line; running thence east along the south Fulton County line to the southeast corner of Fulton County and the point of beginning.1 Representative. District No. 104: That portion of Fulton County more particularly described as follows: Beginning at the intersection of the Georgia Railroad with the east boundary line of Fulton County; running thence south and southwesterly along the Georgia Railroad to the intersection of the projection of Pearl Street; running thence south along Pearl Street Projection and Pearl Street to the intersection of Memorial Drive; running thence east along Memorial Drive to the intersection of the A. W. P. Railroad; running thence south and southwesterly along the A. W. P. Railroad to the intersection of Capitol Avenue; running thence south along Capitol Avenue and the Westerly Land Lot line of Land Lots 58 and 59 of the 14th District to the intersection of the South River; running thence south and southeasterly along South River to the intersection of Brown's Mill Road; running thence north and northeasterly along Brown's Mill Road and McWilliams Road to the intersection of Burroughs Road; running thence north along Burroughs Road to the intersection of Harper Road; running thence east along Harper Road to the intersection of Jonesboro Road; running thence south and southeasterly along Jonesboro Road to the intersection of Constitution Road; running thence east along Constitution Road to the intersection of the east boundary line of Fulton County; running thence north along the east boundary line of Fulton County to the intersection of the Georgia Railroad and the point of beginning.1 Representative. District No. 105: That portion of Fulton County more particularly described as follows: Beginning at the intersection of the Georgia Railroad with the east boundary line of Fulton County; running thence north along the east boundary line of Fulton County to the intersection of the Southern Railway Main Line; running thence south and southwest along the Southern Railway

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Main Line to the intersection of the Southern Railway Belt Line; thence south and southeast along the Southern Railway Belt Line to the intersection of Piedmont Road; running thence northeasterly along Piedmont Road to the intersection of Monroe Drive; running thence southeasterly along Monroe Drive to the intersection of Yorkshire Road; running thence east along Yorkshire Road to the intersection of North Morningside Drive; running thence southeasterly along North Morningside Drive to the intersection of North Highland Avenue; running thence south along North Highland Avenue to the intersection of Amsterdam Avenue; running thence west along Amsterdam Avenue to the intersection of the Projection of Barnett Street; running thence south along the Projection of Barnett Street and Barnett Street to the intersection of St. Charles Avenue; running thence west along St. Charles Avenue and the projection thereof to the intersection of the Southern Railway Belt Line; running thence south, southeasterly and southwesterly along the Southern Railway Belt Line to the intersection of the Georgia Railroad; running thence north and northeasterly along the Georgia Railroad to the intersection of the east boundary line of Fulton County and the point of beginning.1 Representative. District No. 106: That portion of Fulton County more particularly described as follows: Beginning at the intersection of the projection of Ponce de Leon Ave. and Southern Railway Belt Line; running thence north along the Southern Railway Belt Line to the intersection of projection of St. Charles Avenue; running thence east along St. Charles Avenue projection and St. Charles Avenue to the intersection of Barnett Street; running thence north along Barnett Street and the projection of Barnett Street to the intersection of Amsterdam Avenue; running thence east along Amsterdam Avenue to the intersection of North Highland Avenue; running thence west along North Highland Avenue to the intersection of North Morningside Drive; thence northwesterly along North Morningside Drive to the intersection of Yorkshire Road; thence westerly along Yorkshire Road to the intersection of Monroe Drive; thence northwesterly along Monroe Drive

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to the intersection of Piedmont Avenue; thence southwesterly along Piedmont Avenue to the intersection of the Southern Railway Belt Line; thence southerly along the Southern Railway Belt Line to the intersection of 10th Street; thence westerly along 10th Street to the intersection of West Peachtree Street; thence south along West Peachtree Street to the intersection of North Avenue; thence west along North Avenue to the intersection of Williams Street; thence south along Williams Street to the intersection of Cain Street; thence south and southwesterly along Cain Street with a northwesterly offset at Luckie Street to the intersection of the W. A. Railroad; thence south, southeast, north and northeast along the W. A. Railroad and the Georgia Railroad to the intersection of Butler Street; thence northeast and north along Butler Street to the intersection of Forrest Avenue; thence east along Forrest Avenue to the intersection of Bedford Place; thence north along Bedford Place to the intersection of North Avenue; thence east along North Avenue and the projection thereof to the intersection of the Southern Railway Belt Line and the point of beginning.1 Representative. District No. 107: That portion of Fulton County more particularly described as follows: Beginning at the intersection of the Southern Railroad Belt Line and the projection of Ponce de Leon; running thence west along the projection of Ponce de Leon and to the intersection of Bedford Place; running thence south along Bedford Place to the intersection of Forrest Avenue; running thence west along Forrest Avenue to the intersection of Butler Street; running thence south and southwesterly along Butler Street to the intersection of the Georgia Railroad; running thence south, north and northeasterly along the Georgia Railroad to the intersection of the Southern Railway Belt Line; running thence northeasterly, northerly and northeasterly along the Southern Railway Belt Line to the intersection of the projection of North Avenue and the point of beginning.1 Representative. District No. 108: That portion of Fulton County more particularly described as follows:

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Beginning at the intersection of the Chattahoochee River and the Southern Railroad; running thence south, southeast and easterly along the Southern Railroad to the intersection of Marietta Road; running thence south along Marietta Road to West Marietta Street; running thence southeast along West Marietta Street to the L. N. Railroad; running thence southeasterly along the L. N. Railroad to its intersection with the line dividing the 14th Land District of Fulton County from the 17th Land District of Fulton County; running thence in a westerly direction along said Land District line to its intersection with Proctor Creek; running thence in a northwesterly direction along Proctor Creek and following the meanderings thereof to its intersection with the east Land Lot line of Land Lot 226 of the 17th District of Fulton County, Georgia; running thence north along said Land Lot line to the northeast corner of said Land Lot 226; running thence west along north Land Lot line of said Land Lot 226 to its intersection with Proctor Creek and a projection of North Street; running thence southwesterly along the projection of North Street and North Street to the intersection of Ruth Street; running thence west along Ruth Street to the intersection of Gun Club Road; running thence south along Gun Club Road to the intersection of Hollywood Drive; running thence southwest along Hollywood Drive to the intersection of Hollywood Road; running thence northwesterly along Hollywood Road to the intersection of N. Grand Avenue; running thence southwesterly and southerly along N. Grand Avenue with offset at Sisk Street to the intersection of Bankhead Highway; running thence east along Bankhead Highway to the intersection of Gary Road; running thence south along Gary Road and the south projection thereof with offset at Baker Road to the intersection of Simpson Road; running thence west along Simpson Road to the intersection of the west Land Lot line of Land Lot 179; thence south along the west Land Lot line of Land Lots 179 and 180 of the 14th District of Fulton County to the intersection of the A. C. L. Railroad; running thence southeasterly along the A. C. L. Railroad to the intersection of Wilson Avenue; running thence south along Wilson Avenue and the projection thereof to the intersection of Gordon Road and the northwest corner of Westview Cemetery Property; running thence south, west,

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south and east along the Westview Cemetery property to the intersection of the south property line of said property with the west line of Land Lot 171 of the 14th District of Fulton County; running thence south along the west Land Lot line of Land Lot 171 to the intersection of North Utoy Creek; running thence west and northwest along N. Utoy Creek to the intersection of Brownlee Road; running thence northwest along Brownlee Road to the intersection of the A. C. L. Railroad; running thence southwest along the A. C. L. Railroad to Fairburn Road; thence south along Fairburn Road to North Utoy Creek; running thence northwest and west along Utoy Creek to the intersection of the Chattahoochee River; running thence north and northeast along the Chattahoochee River to the intersection of the Southern Railroad and the point of beginning.1 Representative. District No. 109: That portion of Fulton County more particularly described as follows: Beginning at a point on the line dividing the 14th Land District of Fulton County from the 17th Land District of Fulton County, which point is at the intersection of said line with the L. N. Railroad; running thence in a westerly direction along said Land District line to its intersection with Proctor Creek; running thence in a northwesterly direction along Proctor Creek and following the meanderings thereof to its intersection with the east Land Lot line of Land Lot 226 of the 17th District of Fulton County, Georgia; running thence north along said Land Lot Line to the northeast corner of said Land Lot 226; running thence west along the north Land Lot line of said Land Lot 226 to its intersection with Proctor Creek and a projection of North Street; running thence southwest along the projection of North Street and North Street to the intersection of Ruth Street; running thence west along Ruth Street to the intersection of Gun Club Road; running thence south along Gun Club Road to the intersection of Hollywood Drive; running thence southwest along Hollywood Drive to the intersection of Hollywood Road; thence northwest along Hollywood Road to the intersection of N. Grand Avenue; running thence southwest and south along N. Grand Avenue with offset at Sisk Street to the intersection of Bankhead

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Highway; thence east along Bankhead Highway to the intersection of Gary Road; thence south along Gary Road and the southern projection thereof with offset at Baker Road to the intersection of Simpson Road; thence west along Simpson Road to the intersection of the west Land Lot line of Land Lot 179, Fulton County; thence south along the west Land Lot line of Land Lots 179 and 180, 14th District, Fulton County, to the intersection of the A. C. L. Railroad; thence southeast and northeast along the A. C. L. Railroad to the intersection of West Lake Avenue; thence north and northeast along West Lake Avenue to the intersection of Simpson Road; thence east along Simpson Road to the intersection of the L. N. Railroad; thence south along the L. N. Railroad to the intersection of Hunter Street; thence east along Hunter Street to the intersection of Ashby Street; thence north along Ashby Street to the intersection of Marietta Street; thence northwest along Marietta Street to its intersection with the L. N. Railroad; running thence in a southerly direction along the L. N. Railroad to its intersection with the line dividing the 14th Land District of Fulton County from the 17th Land District of Fulton County, and the point of beginning.1 Representative. District No. 110: That portion of Fulton County more particularly described as follows: Beginning at the intersection of Gordon Street and the Central of Georgia Railroad; running thence west along Gordon Street to the intersection of Ashby Street; thence north along Ashby Street to the intersection of Hunter Street; thence west and southwest along Hunter Street to the intersection of the L. N. Railroad; thence north along the L. N. Railroad to the intersection of Simpson Road; thence west along Simpson Road to the intersection of Westlake Avenue; thence south and southwest along Westlake Avenue to the intersection of the A. C. L. Railroad; thence southwesterly and northwesterly along the A. C. L. Railroad to the intersection of Wilson Avenue; thence south along Wilson Avenue and the projection of Wilson Avenue to the intersection of Gordon Road and the northwest corner of Westview Cemetery property; thence south, west, south and east along the Westview Cemetery Property to the intersection

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of the south line of said property with the west line of Land Lot 171, 14th District of Fulton County; running thence south along the west line of Land Lot 171, 14th District of Fulton County to the intersection of N. Utoy Creek; running thence south and southeast along Utoy Creek and following the meanderings thereof to the intersection of the southern projection of Beecher Court; running thence north along the southern projection of Beecher Court and Beecher Court to the intersection of Beecher Street; running thence east along Beecher Street to the intersection of Donnally Avenue; running thence southeast along Donnally Avenue to the intersection of Hall Street and Lawton Street; running thence northeast along Lawton Street to the intersection of Beecher Street; running thence east along Beecher Street to the intersection of Lee Street; running thence south along Lee Street to the intersection of the Central of Georgia Railroad; running thence northeast along the Central of Georgia Railroad to the intersection of Gordon Street and the point of beginning.1 Representative. District No. 111: That portion of Fulton County more particularly described as follows: Beginning at the intersection of Gordon Street and the Central of Georgia Railroad; running thence west along Gordon Street to the intersection of Ashby Street; running thence north along Ashby Street to the intersection of Simpson Street; running thence east along Simpson Street to the intersection of Vine Street; thence south along Vine Street to the intersection of Hunter Street; thence east along Hunter Street to the intersection of Elliott Street; thence south along Elliott Street to the intersection of Nelson Street; thence southwest along Nelson Street to the intersection of Walker Street; thence southwest along Walker Street to the intersection of Fair Street; thence southeast along Fair Street to the intersection of Central of Georgia Railroad; thence southwest along the Central of Georgia Railroad to the intersection of Gordon Street and the point of beginning.1 Representative. District No. 112: That portion of Fulton County more particularly described as follows:

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Beginning at the intersection of Ashby Street and Simpson Street; running thence north along Ashby Street and the projection thereof to the intersection of the Southern Railway; thence northeast along the Southern Railway to the intersection of Northside Drive; thence south along Northside Drive to the intersection of Hemphill Avenue; thence southeast along Hemphill Avenue to the intersection of State Street; thence south along State Street to the intersection of North Avenue; thence east along North Avenue to the intersection of Williams Street, thence south along Williams Street to the intersection of Cain Street; thence west and southwest along Cain Street with set-off at Luckie Street to the intersection of the W. A. Railroad; thence northwest along the W. A. Railroad to the intersection of Elliott Street at its intersection with Simpson Street; thence south along Elliott Street with westerly set-off at Block Place, to the intersection of Hunter Street; thence west along Hunter Street to the intersection of Vine Street; thence north along Vine Street to the intersection of Simpson Street; thence west along Simpson Street to the intersection of Ashby Street and the point of beginning.1 Representative. District No. 113: That portion of Fulton County more particularly described as follows: Beginning at the intersection of the Atlanta City limits at the Chattahoochee River and the Seaboard Air Line Railroad; running thence south, west and southwesterly along the Chattahoochee River to the intersection of the Southern Railway; thence southeasterly and southerly along the Southern Railway to the intersection of Marietta Road; thence south and southeasterly along Marietta Road and Marietta Street to the northern projection of Ashby Street; thence north along the northern projection of Ashby Street to the intersection of the Southern Railway; thence northeast along the Southern Railway to the intersection of Northside Drive; thence south along Northside Drive to the intersection of Hemphill Avenue; thence southeasterly along Hemphill Avenue to the intersection of State Street; thence south along State Street to the intersection of North Avenue; thence east along North Avenue to the intersection

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of West Peachtree Street; thence north along West Peachtree Street to the intersection of 10th Street; thence east along 10th Street to the intersection of the Southern Railway Belt Line; thence north and northwesterly along the Southern Railway Belt Line to the intersection of the Southern Railway Main Line; thence southwest along the Southern Railway Main Line to the intersection of the Northwest Expressway; thence north and northwest along the Northwest Expressway to the intersection of Peachtree Creek; thence south, southwest, north and northwest along Peachtree Creek to the intersection of Moore's Mill Road; thence southwest along Moore's Mill Road to the intersection of the Seaboard Air Line Railroad; thence northwesterly along the Seaboard Air Line Railroad to the intersection of the Atlanta City Limits at the Chattachoochee River and the point of beginning.1 Representative. District No. 114. That portion of Fulton County more particularly described as follows: Beginning at the intersection of the Fulton-DeKalb County line with Windsor Parkway; running thence north, east, northwest, west, southwest and southerly along the Fulton County boundary line to the intersection of the northern Atlanta City Limits as of January 2, 1964, with the Chattahoochee River; thence generally east along said city limits to their intersection with Lake Forrest Drive; (this boundary between the Chattahoochee River and Lake Forrest Drive being more particularly described as follows: beginning at the intersection of the Chattahoochee River with the south land lot line of land lot 213 of the 17th district of Fulton County; thence generally east along the south land lot line of land lots 213 and 202 to a point located one thousand six and nine tenths (1006.9) feet, more or less, west of the southwest corner of said land lot 202; thence northeasterly four hundred seventy three and four tenths (473.4) feet and five hundred twenty five and three tenths (525.3) feet, respectively, to the southerly side of West Garmon Road; thence northeasterly and southeasterly along the southerly side of West Garmon Road six hundred (600) feet to a point; thence southwesterly six hundred seventyeight and six tenths (678.6) feet to the south land lot line

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of land lot 202; thence generally east along the south land lot line of land lots 202, 177, 162, and 137 to a point at the southwest corner of lot 4, unit 1, East Conway Hills Subdivision, said point being located two thousand four hundred eighty-three (2483) feet, more or less, west of the point of intersection of the west side of Powers Ferry Road and the south land lot line of land lot 137; thence northwesterly three hundred forty three and eight tenths (343.8) feet to the northwest corner of lot 3 of said unit 1, East Conway Hills subdivision; thence northeasterly seven hundred twenty three (723) feet to a point; thence westerly one hundred fifty five (155) feet to a point; thence northerly four hundred ninety (490) feet to a point; thence easterly one hundred (100) feet to a point; thence northerly two hundred seventy eight and five tenths (278.5) feet to a point; thence northwesterly one hundred forty seven and two tenths (147.2) feet to a point; thence southwesterly twenty five (25) feet to a point; thence northwesterly two hundred forty (240) feet and two hundred three and eight tenths (203.8) feet, respectively, to the south side of lot 5, block B, Millbrook subdivision, recorded in plat book 69, page 80, Clerk, Fulton County Superior Court; thence southwesterly one hundred two and three tenths (102.3) feet to a point; thence northerly five hundred fifty five and five tenths (555.5) feet, more or less, to the southerly side of Mt. Paran Road; thence easterly and northeasterly along Mt. Paran Road five hundred (500) feet, more or less, to the northeasterly corner of lot 16, block D, Millbrook subdivision, recorded in plat book 69, page 80, Clerk, Fulton County Superior Court; thence southeasterly fourteen hundred thirty-five (1435) feet, more or less, to the southeast corner of lot 6, block D, of said Millbrook subdivision, page 57, plat book 44; thence easterly one hundred ninety eight (198) feet, more or less, to the northwest corner of lot 8, East Conway Hills subdivision; thence southerly one hundred forty three and eight tenths (143.8) feet to a point; thence southeasterly along the easterly line of lot 5, East Conway Hills subdivision, plat book 54, page 34, two hundred seventy nine and nine tenths (279.9) feet to the northwesterly side of East Conway Road; thence southeasterly across East Conway Road sixty (60) feet, more or less, to the northwesterly corner of Lot 21 of Eppington Forrest subdivision,

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recorded in plat book 69, page 74, Clerk, Fulton County Superior Court; thence northeasterly along East Conway Road fifteen and six tenths (15.6) feet to a point; thence easterly three hundred (300) feet to a point; thence southerly six hundred fifty five (655) feet, more or less, to the northwest corner of lot 14 of said Eppington Forrest subdivision; thence easterly five hundred sixty-seven and nine tenths (567.9) feet to the west side of Powers Ferry Road; thence south along the west side of Powers Ferry Road four hundred and fifty (450) feet to the south land lot line of land lot 137; thence east along the south land lot line of land lots 137 and 119 to a point located three hundred eighty-three (383) feet west of the intersection of the westerly side of Lake Forrest Drive with the south land lot line of land lot 119; thence north 0 degrees 40 minutes west, 299.7 feet to the northerly line of the north side of Barbara Lane; thence westerly and southwesterly following the northerly side of Barbara Lane, 137.5 feet, thence north 28 degrees 35 minutes west 334.3 feet; thence north 76 degrees 05 minutes west 159.2 feet; thence north 28 degrees 04 minutes west 255.4 feet to the northwesterly side of Worth Drive; thence southwesterly following the northwesterly side of Worth Drive, 120 feet; thence north 28 degrees 20 minutes west 243.9 feet; thence north 63 minutes 35 minutes east, 308 feet; thence north 33 degrees 14 minutes west 229.8 feet; thence north 33 degrees 31 minutes west 290 feet; thence north 45 degrees 46 minutes west 580.5 feet; thence north 38 degrees 05 minutes west 465.2 feet; thence north 38 degrees 32 minutes west 164.1 feet; thence north 53 degrees 20 minutes west 245.4 feet; thence north 31 degrees 45 minutes west 100 feet; thence north 38 degrees 09 minutes west 347.4 feet; thence north 51 degrees 19 minutes east; 315.2 feet to the northeasterly side of Forrest Lake Drive; thence southeasterly following the curvature of the northeasterly side of said Forrest Lake Drive 883 feet; thence south 0 degrees 27 minutes west 233 feet; thence south 59 degrees 03 minutes east 873 feet; thence south 28 degrees 20 minutes east 650 feet; thence south 46 degrees 27 minutes east 681 feet to Lake Forrest Drive;) running thence north along Lake Forrest Drive to the intersection of Spruell Springs Road; thence east along Spruell Springs Road to the intersection of Roswell Road;

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thence north along Roswell Road to the intersection of Forest Hills Drive; thence east along Forest Hills Drive to the intersection of Highpoint Road; thence south along Highpoint Road to the intersection of Windsor Parkway; thence northeasterly and southeasterly along Windsor Parkway to the intersection of Fulton-DeKalb County line and the point of beginning.1 Representative. District No. 115: That portion of Fulton County more particularly described as follows: Beginning at the intersection of Windsor Parkway and the Fulton-DeKalb County line; running thence south along the Fulton-DeKalb County line to the intersection of Peachtree Road; thence southerly and southwesterly along Peachtree Road to the intersection of West Wesley Road; thence west along West Wesley Road to the intersection of Howell Mill Road; thence south along Howell Mill Road to the intersection of Peachtree Creek; thence southwest, northwest, and westerly along Peachtree Creek and following the meanderings thereof to the intersection of Moores Mill Road; thence northwest along the S. A. L. Railroad to the intersection of the Chattahoochee River; thence northeast and northerly along the Chattahoochee River to the intersection of the Atlanta City Limits as of January 2, 1964, thence generally east along said city limits to their intersection with Lake Forrest Drive; (this boundary between the Chattahoochee River and Lake Forrest Drive being more particularly described as follows: beginning at the intersection of the Chattahoochee River with the south land lot line of land lot 213 of the 17th district of Fulton County; thence generally east along the south land lot line of land lots 213 and 202 to a point located one thousand six and nine tenths (1006.9) feet, more or less, west of the southeast corner of said land lot 202; thence northeasterly four hundred seventy three and four tenths (473.4) feet and five hundred twenty five and three tenths (525.3) feet, respectively, to the southerly side of West Garmon Road; thence northeasterly and southeasterly along the southerly side of West Garmon Road six hundred (600) feet to a point; thence southwesterly six hundred seventyeight and six tenths (678.6) feet to the south land lot line

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of land lot 202; thence generally east along the south land lot line of land lots 202, 177, 162, and 137 to a point at the southwest corner of lot 4, unit 1, East Conway Hills subdivision, said point being located two thousand four hundred eighty-three (2483) feet, more or less, west of the point of intersection of the west side of Powers Ferry Road and the south land lot line of land lot 137; thence northwesterly three hundred forty three and eight tenths (343.8) feet to the northwest corner of lot 3 of said unit 1, East Conway Hills subdivision; thence northeasterly seven hundred twenty three (723) feet to a point; thence westerly one hundred fifty five (155) feet to a point; thence northerly four hundred ninety (490) feet to a point; thence easterly one hundred (100) feet to a point; thence northerly two hundred seventy eight and five tenths (278.5) feet to a point; thence northwesterly one hundred forty seven and two tenths (147.2) feet to a point; thence southwesterly twenty five (25) feet to a point; thence northwesterly two hundred forty (240) feet and two hundred three and eight tenths (203.8) feet, respectively, to the south side of lot 5, block B, Millbrook subdivision, recorded in plat book 69, page 80, Clerk, Fulton County Superior Court; thence southwesterly one hundred two and three tenths (102.3) feet to a point; thence northerly five hundred fifty five and five tenths (555.5) feet, more or less, to the southerly side of Mt. Paran Road; thence easterly and northeasterly along Mt. Paran Road five hundred (500) feet, more or less, to the northeasterly corner of lot 16, block D, Millbrook subdivision, recorded in plat book 69, page 80, Clerk, Fulton County Superior Court; thence southeasterly fourteen hundred thirty-five (1435) feet, more or less, to the southeast corner of lot 6, block D, of said Millbrook subdivision, page 57, plat book 44; thence easterly one hundred ninety eight (198) feet, more or less, to the northwest corner of lot 8, East Conway Hills subdivision; thence southerly one hundred forty three and eight tenths (143.8) feet to a point; thence southeasterly along the easterly line of lot 5, East Conway Hills subdivision, plat book 54, page 34, two hundred seventy nine and nine tenths (279.9) feet to the northwesterly side of East Conway Road; thence southeasterly across East Conway Road sixty (60) feet, more or less, to the northwesterly corner of Lot 21 of Eppington

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Forrest subdivision, recorded in plat book 69, page 74, Clerk, Fulton County Superior Court; thence northeasterly along East Conway Road fifteen and six tenths (15.6) feet to a point; thence easterly three hundred (300) feet to a point; thence southerly six hundred fifty five (655) feet, more or less, to the northwest corner of lot 14 of said Eppington Forrest subdivision; thence easterly five hundred sixty-seven and nine tenths (567.9) feet to the west side of Powers Ferry Road; thence south along the west side of Powers Ferry Road four hundred and fifty (450) feet to the south land lot line of land lot 137; thence east along the south land lot line of land lots 137 and 119 to a point located three hundred eighty-three (383) feet west of the intersection of the westerly side of Lake Forrest Drive with the south land lot line of land lot 119; thence north 0 degrees 40 minutes west, 299.7 feet to the northerly line of the north side of Barbara Lane; thence westerly and southwesterly following the northerly side of Barbara Lane, 137.5 feet, thence north 28 degrees 25 minutes west 334.3 feet; thence north 76 degrees 05 minutes west 159.2 feet; thence north 28 degrees 04 minutes west 255.4 feet to the northwesterly side of Worth Drive; thence southwesterly following the northwesterly side of Worth Drive, 120 feet; thence north 28 degrees 20 minutes west 243.9 feet; thence north 63 minutes 35 minutes east, 308 feet; thence north 33 degrees 14 minutes west 229.8 feet; thence north 33 degrees 31 minutes west 290 feet; thence north 45 degrees 46 minutes west 580.5 feet; thence north 38 degrees 05 minutes west 465.2 feet; thence north 38 degrees 32 minutes west 164.1 feet; thence north 53 degrees 20 minutes west 245.4 feet; thence north 31 degrees 45 minutes west 100 feet; thence north 38 degrees 09 minutes west 347.4 feet; thence north 51 degrees 19 minutes east; 315.2 feet to the northeasterly side of Forrest Lake Drive; thence southeasterly following the curvature of the northeasterly side of said Forrest Lake Drive 883 feet; thence south 0 degrees 27 minutes west 233 feet; thence south 59 degrees 03 minutes east 873 feet; thence south 28 degrees 20 minutes east 650 feet; thence south 46 degrees 27 minutes east 681 feet to Lake Forrest Drive;) running thence north along Lake Forrest Drive to the intersection of Spruell Springs Road; thence east along Spruell Springs Road to the intersection

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of Roswell Road; thence north along Roswell Road to the intersection of Forest Hills Drive; thence east along Forest Hills Drive to the intersection of Highpoint Road; thence south along Highpoint Road to the intersection of Windsor Parkway; thence northeasterly and southeasterly along Windsor Parkway to the intersection of Fulton-DeKalb County line and the point of begining.1 Representative. District No. 116: That portion of Fulton County more particularly described as follows: Beginning at the intersection of Peachtree Road and the Fulton-DeKalb County line; running thence southerly and southwesterly along Peachtree Road to the intersection of West Wesley Road; running thence west along West Wesley Road to the intersection of Howell Mill Road; thence south along Howell Mill Road to the intersection of Peachtree Creek; thence southerly, westerly, northerly and northwesterly along Peachtree Creek to the intersection of the Northwest Expressway; thence southerly and southwesterly along the Northwest Expressway to the intersection of the Southern Railway Main Line; thence northeasterly along the Southern Railway Main Line to the intersection of the Fulton-DeKalb County line; thence north along the Fulton-DeKalb County line to the intersection of Peachtree Road and the point of beginning.1 Representative. District No. 117: Cobb Paulding7 Representatives. District No. 118: Douglas1 Representative. A candidate for the House of Representatives in a Representative District having more than one Representative shall designate the Representative Post for which he offers as a candidate. This shall apply to all primaries and elections of whatever kind. Such Posts shall be designated by numbers, beginning with Post Number 1 and ending with the number equaling the total number of Representatives in such District. At the time of his election, a member of the House of Representatives must have been a resident of the territory from which elected for at least one year immediately preceding such time. Each Representative shall be elected only by the voters of his Representative District.

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The first members elected pursuant to the above apportionment shall take office on the convening day of the regular session of the General Assembly of Georgia in 1969. Until that time, the members of the House of Representatives elected under previous apportionment provisions shall continue to serve until such time. The above apportionment provisions shall be effective, however, for the purpose of electing the members who are to take office in 1969 as aforesaid. Such members taking office in 1969 shall hold office for the term provided by law and until their successors are elected and qualified. Such successors and future successors shall be elected under the provisions of the above apportionment of the House of Representatives. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 8, 1968. TOOMBS JUDICIAL CIRCUITSOLICITOR-GENERAL PLACED ON SALARY BASIS. No. 694 (House Bill No. 1486). An Act to abolish the present mode of compensating the solicitor general of the Toombs Judicial Circuit known as the fee system; to provide in lieu thereof an annual salary; to provide that all fees, costs and other emoluments shall become the property of the counties comprising said circuit; to provide that said counties shall be subrogated to all rights, claims and liens of said officer; to provide for the collection, disposition and accounting of such fees, costs and other emoluments; to provide for an expense allowance; to prohibit the solicitor general from engaging in the private practice of law; 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. The present mode of compensating the solicitor general of the Toombs Judicial Circuit known as the fee system, is hereby abolished, and the solicitor general of the Toombs Judicial Circuit shall be compensated on a salary basis in the amount and manner as hereinafter provided. Salary basis. Section 2. The solicitor general of the Toombs Judicial Circuit is hereby prohibited from directly or indirectly engaging in the private practice of law; provided, however, that the present solicitor general and all future solicitors general may prosecute to final completion in all cases in which his name appears of record and which, as to the present solicitor general, may be filed prior to January 1, 1969 and which, as to future solicitors general, may be filed prior to his election or appointment to the office of solicitor general of said circuit. Private practice of law. Section 3. The solicitor general of the Toombs Judicial Circuit shall receive an annual salary of $16,000.00. Such solicitor general shall also receive an expense allowance of $1,200.00 per annum; provided, however, (a) such expense allowance shall continue to be payable in such amount only so long as the total expense allowance payable to the solicitor general by the State of Georgia shall be $5,800.00, or less, per annum; and (b) in the event that the total expense allowance payable to the solicitor general by the State of Georgia shall exceed $5,800.00 per annum, the expense allowance herein authorized and provided for shall be only such part, if any, of $1,200.00 per annum as when added to the total expense allowance payable to the solicitor general by the State of Georgia shall equal, but not exceed $7,000.00 per annum. Such salary and expense allowance, if any, shall be payable to the solicitor general in equal monthly installments and shall be paid by the respective counties comprising the Toombs Judicial Circuit in the ratio which the population of each county bears to the total population of the counties comprising said judicial circuit as shown by the latest official United States decennial census. Provided, however, the expense allowance paid by the respective counties comprising the Toombs Judicial Circuit shall in no event exceed $1,200.00 per annum. Salary, expenses, etc.

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Section 4. The governing authorities of the county in the Toombs Judicial Circuit in which the then serving solicitor general shall reside shall furnish such solicitor general with appropriate office space, including utilities (except telephone). Office, etc. Section 5. All fees, commissions, costs, monies and other emoluments accruing to the office of said solicitor general, except the salary and expense allowance provided herein and the salary and allowances paid out of the treasury of the State, shall become the property of the respective counties of the Toombs Judicial Circuit in which the same are collected, and said counties are hereby subrogated to all rights, claims and liens of said solicitor general therefor. Provided, however, the solicitor general shall continue to receive and keep all fees derived under the Uniform Reciprocal Enforcement of Support Law. Fees. Section 6. After the effective date of this Act, the solicitor general shall diligently and faithfully undertake to collect all fees, commissions, costs, funds, monies and other emoluments accruing to the office of solicitor general and belonging to said counties and shall receive and hold the same in trust for said counties as public funds and shall pay the same into the respective treasuries of said counties on or before the 20th day of the month following the month in which they are collected or received. At the time of each monthly payment, said solicitor general shall furnish to the treasurer or other fiscal authority of each county a detailed statement of all such funds collected and received during the preceding month by said solicitor general and paid into the treasury of each county. Same. Section 7. The provisions of this Act shall become effective on January 1, 1969; provided, however, that in the event the office of solicitor general of the Toombs Judicial Circuit becomes vacant by reason of death, resignation, disability or otherwise, at any time prior to January 1, 1969, such provisions of this Act shall become effective on the date of such vacancy. Effective date.

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Section 8. 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 regular 1968 Session of the General Assembly of Georgia, a bill to place the solicitor general of the Toombs Judicial Circuit upon an annual salary effective January 1, 1969, to prohibit said solicitor from engaging in the private practice of law and to prohibit him from being associated with any other attorney engaged in the private practice of law; to provide the procedures connected with the foregoing and for other purposes. This 9th day of January, 1968. Bobby W. Johnson Representative, 40th District Ben Barron Ross Representative, 31st District Sam P. McGill Senator, 24th District Georgia, Glascock County. This is to certify that the legal notice attached hereto has been published in the Gibson Record Guide, legal organ for Glascock County, the following dates, to-wit: Jan. 19, 1968, Jan. 26, 1968, February 2, 1968. Sworn to on the 5th day of February, 1968. /s/ Alva L. Haywood Publisher. Sworn to and subscribed before me, on the 5th day of February, 1968. /s/ Latrelle S. Smith, Notary Public. My Commission expires May 3, 1968. (Seal).

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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1968 Session of the General Assembly of Georgia, a bill to place the solicitor general of the Toombs Judicial Circuit upon an annual salary effective January 1, 1969, to prohibit said solicitor from engaging in the private practice of law and to prohibit him from being associated with any other attorney engaged in the private practice of law; to provide the procedures connected with the foregoing and for other purposes. This 9th day of January, 1968. Bobby W. Johnson Representative, 40th District Ben Barron Ross Representative, 31st District Sam P. McGill Senator, 24th District Georgia, Warren County. This is to certify that the legal notice attached hereto has been published in the Warrenton Clipper, legal organ for Warren County, the following dates, to-wit: Jan. 19, 1968, Jan. 26, 1968, February 2, 1968. Sworn to on the 5th day of February, 1968. /s/ Alva L. Haywood Publisher. Sworn to and subscribed before me, on the 5th day of February, 1968. /s/ Latrelle S. Smith, Notary Public. My Commission expires May 3, 1968. (Seal).

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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1968 Session of the General Assembly of Georgia, a bill to place the solicitor general of the Toombs Judicial Circuit upon an annual salary effective January 1, 1969, to prohibit said solicitor from engaging in the private practice of law and to prohibit him from being associated with any other attorney engaged in the private practice of law; to provide the procedures connected with the foregoing and for other purposes. This 9th day of January, 1968. Bobby W. Johnson Representative, 40th District Ben Barron Ross Representative, 31st District Sam P. McGill Senator, 24th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bobby W. Johnson who, on oath, deposes and says that he is Representative from the 40th District, and that the attached copy of notice of intention to introduce local legislation was published in The Advocate-Democrat, which is the official organ of Taliaferro County, on the following dates: January 19, 26, and February 2, 1968. /s/ Bobby W. Johnson Representative, 40th District. Sworn to and subscribed before me, this 12th day of February, 1968. /s/ Pamela A. McIntyre, Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal).

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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1968 Session of the General Assembly of Georgia, a bill to place the solicitor general of the Toombs Judicial Circuit upon an annual salary effective January 1, 1969; to prohibit said solicitor from engaging in the private practice of law and to prohibit him from being associated with any other attorney engaged in the private practice of law; to provide the procedures connected with the foregoing; and for other purposes. This 9th day of January, 1968. Bobby W. Johnson Representative, 40th District Ben Barron Ross Representative, 31st District Sam P. McGill Senator, 24th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bobby W. Johnson who, on oath, deposes and says that he is Representative from the 40th District, and that the attached copy of notice of intention to introduce local legislation was published in The McDuffie Progress, which is the official organ of McDuffie County, on the following dates: January 18, 25, February 1, 1968. /s/ Bobby W. Johnson Representative, 40th District. Sworn to and subscribed before me, this 12th day of February, 1968. /s/ Pamela A. McIntyre, Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal).

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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1968 Session of the General Assembly of Georgia, a bill to place the solicitor general of Toombs Judicial Circuit upon an annual salary effective January 1, 1969, to prohibit said solicitor from engaging in the private practice of law and to prohibit him from being associated with any other attorney engaged in the private practice of law; to provide the procedures connected with the foregoing and for other purposes. This 9th day of January, 1968. Bobby W. Johnson Representative, 40th District Ben Barron Ross Representative, 31st District Sam P. McGill Senator, 24th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bobby W. Johnson who, on oath, deposes and says that he is Representative from the 40th District, and that the attached copy of notice of intention to introduce local legislation was published in The News-Reporter, which is the official organ of Wilkes County, on the following dates: January 18, 25, February 1, 1968. /s/ Bobby W. Johnson Representative, 40th District. Sworn to and subscribed before me, this 12th day of February, 1968. /s/ Pamela A. McIntyre, Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal).

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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1968 Session of the General Assembly of Georgia, a bill to place the solicitor general of the Toombs Judicial Circuit upon an annual salary effective January 1, 1969; to prohibit said solicitor from engaging in the private practice of law and to prohibit him from being associated with any other attorney engaged in the private practice of law; to provide the procedures connected with the foregoing; and for other purposes. This 9th day of January, 1968. Bobby W. Johnson Representative, 40th District Ben Barron Ross Representative, 31st District Sam P. McGill Senator, 24th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bobby W. Johnson who, on oath, deposes and says that he is Representative from the 40th District, and that the attached copy of notice of intention to introduce local legislation was published in The Lincoln Journal, which is the official organ of Lincoln County, on the following dates: January 18, 25 and February 1, 1968. /s/ Bobby W. Johnson Representative, 40th District. Sworn to and subscribed before me, this 12th day of February, 1968. /s/ Pamela A. McIntyre, Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved March 8, 1968.

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ALBERT J. SCHROER, JR.RESTORATION OF RIGHT OF SUFFRAGE AND RIGHT OF CITIZENSHIP. No. 697 (House Bill No. 877). An Act to restore the right of suffrage and the right of citizenship to Albert J. Schroer, Jr., to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The right of suffrage and the right of citizenship coupled with the right to exercise all political and civil privileges are hereby fully and completely restored and granted to Albert J. Schroer, Jr., a resident of Lowndes County, Georgia, who was heretofore convicted of the offense of voluntary manslaughter in Lowndes County, Mississippi, and was sentenced to serve ten (10) years in the Mississippi State Penitentiary. However, certain evidence tending to establish his innocence was thereafter brought to the attention of the Honorable Paul Johnson, Governor of Mississippi, who after a thorough investigation, saw fit to order the release from prison of the said Albert J. Schroer, Jr. In addition, at the time of the aforesaid conviction, the said Albert J. Schroer, Jr. was a member of the United States Air Force and was then and there summarily and administratively given a discharge from the Air Force under other than honorable conditions. However, the Air Force Board of Military Review in Washington, D. C. considered his request for a review of his case based upon the new evidence mentioned hereinabove and after due consideration ordered his discharge under other than honorable conditions to be set aside and destroyed and awarded him, in lieu thereof, a discharge under honorable conditions. The said Albert J. Schroer, Jr. being a law-abiding and respected citizen conducted himself as a gentleman throughout his ordeal and is now a respected and law-abiding citizen residing in Lowndes County, Georgia.

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Section 2. This Act shall take effect and be in force from and after its passage. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 8, 1968. ELECTIONSPRESIDENTIAL ELECTORS. Code 34-1010, 34-1514 Amended. No. 698 (House Bill No. 1155). An Act to amend Code Title 34, relating to elections, as amended, so as to provide that any political party or body seeking to have the names of their candidates for the office of presidential electors placed upon the ballot through nomination petitions shall not be required to compile a separate petition for each candidate for such office, but shall compile petitions upon which the entire slate of candidates of such party or body for the office of presidential electors are listed; to provide that presidential electors shall be elected by a plurality vote; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Title 34, relating to elections, as amended, is hereby amended by adding at the end of Code section 34-1010, relating to nomination petitions, as amended, a new subsection to be known as subsection (g) and to read as follows: (g) Any political party or body seeking to have the names of their candidates for the offices of presidential electors placed upon the ballot through nomination petitions shall not compile a separate petition for each candidate for such office, but such political party or body shall compile

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their petitions so that the entire slate of candidates of such party or body for such office shall be listed together on the same petition. Section 2. Said Title is further amended by inserting in Code section 34-1514, relating to the requirement for a majority vote and runoff primaries and elections, between the words No candidate and the words shall be the following: , except as hereinafter provided,, and by inserting the following sentence between the first and second sentences of said Code section: To be elected to the office of presidential electors, no slate of candidates of any political party or body shall be required to receive a majority of the votes cast; but that slate of candidates of a political party or body shall be elected to such offices which receives the highest number of votes cast., so that when so amended Code section 34-1514 shall read as follows: Section 34-1514. Majority vote required to nominate or elect; exception; runoff primary or election .No candidate, except as hereinafter provided, shall be nominated for public office in any primary or elected to public office in any election unless such candidate shall have received a majority of the votes cast to fill such nomination or public office. To be elected to the office of presidential electors, no slate of candidates of any political party or body shall be required to receive a majority of the votes cast; but that slate of candidates of a political party or body shall be elected to such offices which receives the highest number of votes cast. In instances where no candidate receives a majority of the votes cast, a runoff primary or election shall be held, between the two candidates receiving the highest number of votes, on the fourteenth day after the day of holding the first primary or election, unless such runoff date is postponed by court order. The candidate receiving

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a majority of the votes cast in such runoff primary or election to fill the nomination or public office he seeks shall be declared the winner. Only the electors entitled to vote in the first primary or election shall be entitled to vote in any runoff primary or election resulting therefrom; provided, however, that no elector shall vote in a runoff primary in violation of section 34-624. The State executive committee of a political party holding a runoff primary in an area involving two or more counties shall make prior arrangement for financing the cost of holding same. The provisions of this section shall not apply to candidates seeking party nomination for or election to the governing authority of a county during the year 1964, and such candidate shall be nominated in the manner prescribed by the rules of the county executive committee of his county in the case of a primary, and by the provisions of any local act establishing such governing authority in the case of an election; and this sentence shall be automatically repealed on January 1, 1965. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 8, 1968. TRIAL JUDGES AND SOLICITORS RETIREMENT FUND. No. 699 (Senate Bill No. 30). An Act to create the Trial Judges and Solicitors Retirement Fund; to provide a short title; to provide for definitions; to provide that said Fund shall be administered by the Board of Trustees of the Employees' Retirement System; to provide for ex officio members on the Board of Trustees of the Employees' Retirement System for the purpose of administering said Fund; to provide that said Board shall have control of the funds and may invest same; to authorize the Board to employ agents; to provide for the powers and duties of the Board; to

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provide that the Board may make and promulgate rules and regulations to carry out the provisions of this Act; to provide that the Board shall keep records and submit financial statements; to authorize the Board to accept gifts; to provide who shall be members of said Fund; to provide limitations upon becoming a Superior Court Judge or Solicitor General Emeritus; to provide for employer and employee contributions; to provide that employer contributions shall be payable from State funds appropriated or available for the operation of the superior courts; to provide for the submission of certain reports and affidavits; to provide for the collection and payment of employee contributions; to provide that the State Treasurer shall withhold State payments to certain governmental units under certain circumstances; to provide credit for prior service under certain conditions; to provide for the transfer of credits from the Employees' Retirement System to said Fund; to provide for retirement and disability benefits and the requirements associated therewith; to provide that the Attorney General shall be legal advisor to the Board; to provide exemptions from taxation; to provide for penalties; to provide for administrative expenses; to provide for the adoption and distribution of rules and regulations; to provide when the employer and employee contributions required by this Act shall begin; to provide for severability; to provide for the procedures 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. This Act shall be known and may be cited as the Trial Judges and Solicitors Retirement Fund Act. Short title. Section 2. Definitions . (a) Fund means the Trial Judges and Solicitors Retirement Fund. (b) Inferior Courts, for the purposes of this Act means courts which have certain concurrent jurisdiction with the superior courts and which are empowered to conduct trials by jury and try State offenses and which have presiding

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judges and solicitors, but said term shall not include civil and criminal courts of Fulton County, courts of ordinary, justice courts, police courts, mayors' courts, municipal courts, small claims courts, and any courts, by whatever name called, which were created by or are operated under the provisions of city charters. (c) Board means the Board of Trustees of the Employees' Retirement System of Georgia and the ex officio members of said Board provided for in section 3 of this Act. (d) Creditable Service means service performed as a contributing member of the Fund after June 30, 1968, while a superior court judge, solicitor general or judge or solicitor of an inferior court, and service performed prior to June 30, 1968, as judge or solicitor of an inferior court when employer and employee contributions for such prior service are paid into said Fund as provided for in this Act. (e) Employer shall mean the State of Georgia. Section 3. (a) There is hereby created the Trial Judges and Solicitors Retirement Fund which shall be administered by the Board of Trustees of the Employees' Retirement System of Georgia; provided, however, that only for the purpose of administering said Fund, one superior court judge and one solicitor general shall be ex officio members of the Board of Trustees of the Employees' Retirement System and shall be elected as hereinafter provided. Created. (b) The ex officio member who shall be a superior court judge shall be elected annually by the Council of Superior Court Judges for the State of Georgia. The first such judge shall be elected at the regular June, 1968, meeting of the Council of Superior Court Judges, and the term of office as ex officio member on said Board shall begin on July 1, 1968 and expire on June 30, 1969. Subsequent members shall be elected or reelected annually thereafter at the June meeting of such Council, and shall take office on July 1, following their election. The ex officio member who shall be a solicitor general shall be elected annually by the Solicitors

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General Association of Georgia. The first such solicitor general shall be elected at the regular June, 1968, meeting of the Solicitors General Association of Georgia, and the term of office as an ex officio member on said Board shall begin on July 1, 1968, and expire on June 30, 1969. Subsequent members shall be elected or reelected annually thereafter at the June meeting of such Association, and shall take office on July 1, following their election. Members. Section 4. (a) The Board shall have control of the funds provided for in this Act, and all funds received by the Board shall be deposited in a special account to the credit of the Trial Judges and Solicitors Retirement Fund. The benefits provided for in this Act and all administrative expenses shall be paid from said special account. The Board shall have authority to expend the funds in accordance with the provisions of this Act. Powers. (b) The Board shall have full power to invest and reinvest such funds subject to all the terms, conditions, limitations and restrictions imposed by the laws of the State of Georgia upon domestic life insurance companies in the making and disposing of their investments. Subject to said terms, conditions, limitations and restrictions, the Board shall have full power to hold, purchase, sell, assign, transfer, and dispose of any of the securities and investments in which any of the funds are invested, including the proceeds of any investments and any money belonging to the Fund. (c) The Board is hereby authorized to employ an agent or agents, including, but not limited to, banks or trust departments thereof, and enter into contracts therewith for the purpose of such agent or agents acting as investment advisors and counselors, making recommendations for investments and making investments if the Board so authorizes. Section 5. The Board is hereby given the following powers and duties; to contract with proper Federal authorities for Old Age, Survivors' and Disability Insurance coverage under the Social Security Act; to provide for the collection of all money provided for in this Act; to provide for the

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payment of all administrative expenses; to hear and decide all applications for retirement and disability benefits provided for under this Act; and in keeping with the actuarial soundness of the Fund, from time to time and after an actuarial investigation into the benefit structure of the Fund, adopt such tables as it shall deem desirable in connection with the proper operation of the Fund; to provide for the payment of all retirement and disability benefits that may be determined to be due under the rules and regulations as adopted by the Board; to make and promulgate all necessary rules and regulations not inconsistent with the laws of the State of Georgia to carry out the provisions of this Act; to determine eligibility of persons to receive retirement benefits, and disability benefits under the provisions of this Act; to make provisions for refunds and repayments to persons who may be entitled to receive same; to keep records of all its meetings and all other powers necessary for the proper administration of the provisions of this Act. Social security. Section 6. The Board shall keep permanent records of all its accounts in granting retirement and disability benefits, and shall keep proper records and books concerning the operation of the Board. The Board shall present each year at the beginning of the regular session of the General Assembly an annual financial statement of the Fund. Records, etc. Section 7. The Board may take by gift, grant or bequest, any money, real or personal property, or any other thing of value and hold or invest the same for the uses and purposes of said Fund in accordance with the provisions of this Act. Gifts, etc. Section 8. (a) Any person, except as otherwise provided in subsection (c) of this section, becoming a superior court judge or solicitor general for the first time, or a judge or solicitor of an inferior court, after June 30, 1968, shall be a member of the Trial Judges and Solicitors Retirement Fund, and shall begin making employee contributions into said Fund as provided for hereinafter. Members. (b) Any judge of the superior court or solicitor general, except as otherwise provided in subsection (c) of this section,

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whose office was created at the regular 1968 session of the General Assembly shall be a member of the Trial Judges and Solicitors Retirement Fund and shall not be eligible to become a superior court judge emeritus or solicitor general emeritus and shall begin making employee contributions into said Fund as provided for hereinafter. (c) Any member of the General Assembly who has been in continuous service as such since the convening of the General Assembly in January, 1957, and who, without any break in such service, becomes a judge of the superior court or solicitor general, by election or appointment, shall be eligible to become a superior court judge emeritus or solicitor general emeritus, as the case may be, regardless of the time at which any such member becomes a judge of the superior court. (d) Any person holding office as a judge or solicitor of an inferior court on June 30, 1968, except those judges and solicitors of certain inferior courts who are members of the Employees' Retirement System under the provisions of an Act approved December 21, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 305), said Act being an amendment to the Act establishing the Employees' Retirement System, approved February 3, 1949 (Ga. L. 1949, p. 138), shall be a member of said Fund and shall begin making employee contributions to said Fund as provided for hereinafter. Judges and solicitors of inferior courts who are members of the Employees' Retirement System, as set forth herein, may become members of the Trial Judges and Solicitors Retirement Fund in accordance with the provisions of section 17 of this Act. Section 9. No person, except as otherwise provided in subsection (c) of section 8, becoming a superior court judge or solicitor general for the first time after June 30, 1968, shall be eligible to be appointed Judge Emeritus or Solicitor General Emeritus, but the provisions against appointment as Judge Emeritus of the Superior Court or Solicitor General Emeritus shall not apply to anyone holding the office of judge of the superior court or solicitor general on June 30, 1968. No person holding the office of superior court

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judge or solicitor general on June 30, 1968 shall be eligible to become a member of the Trial Judges and Solicitors Retirement Fund. Any person becoming a superior court judge or a solicitor general after June 30, 1968, who was previously a State employee or official and who was a member of the Employees' Retirement System of Georgia at the time of taking office as superior court judge or as solicitor general, shall be entitled to full credit for all service as a contributing member credited to his account under said System upon the transfer of his accumulated employer and employee contributions from said System to the Trial Judges and Solicitors Retirement Fund. Upon becoming eligible for retirement, however, retirement benefits shall be determined in accordance with the provisions of sections 18 and 19 of this Act. Membership, etc. Notwithstanding any other provisions of this Act to the contrary, nothing contained within this Act shall prohibit any person, otherwise qualified, who held the office of judge of the superior court at any time prior to June 30, 1968, from being appointed to the office of judge emeritus. Section 10. Any member of the Trial Judges and Solicitors Retirement Fund shall be entitled to remain a member of said Fund by holding any position or office covered by said Fund, and shall receive full credit for all service as a member of said Fund, although said person may change from one position or office to another position or office covered by said Fund. Upon becoming eligible for retirement, however, retirement benefits shall be determined in accordance with the provisions of sections 18 and 19 of this Act. Same. Section 11. (a) The basis for employer and employee contributions to said Fund with respect to judges of the superior courts shall be the salaries from State funds provided by law for such judges, and the State Treasurer is hereby authorized and directed to deduct monthly from such salaries ten percent of such amount to cover employee contributions to the Fund. The State Treasurer is also directed to make an additional deduction to cover the required employee tax for Social Security coverage. The

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basis for employer and employee contributions to said Fund with respect to solicitors general shall be as though the monthly compensation of solicitors general were $1,000.00, and the State Treasurer is hereby authorized and directed to deduct monthly ten percent of that amount as the employee contribution to said Fund from any State payment to solicitors general, including any State salaries, fees, and expense allowances provided by law. The State Treasurer is also directed to make an additional deduction to cover the required employee tax for Social Security coverage. Such Social Security deductions shall be based on an affidavit from each solicitor general as to the total wages received by him each calendar quarter as solicitor general. Such affidavit shall be forwarded to the State Treasurer before the fifth day of the month following the end of each calendar quarter. Should any solicitor general fail to submit the required affidavit to the State Treasurer within the required time, any and all funds due such solicitor general from State funds shall be withheld by the State Treasurer until an appropriate affidavit has been received. The State Treasurer is hereby authorized and directed to pay from the funds appropriated or otherwise available for the operation of the superior courts of the State, the required employer contribution for Social Security coverage on said judges and solicitors general. From funds appropriated or otherwise available for the operation of superior courts, the State Treasurer is authorized and directed to pay into the Trial Judges and Solicitors Retirement Fund monthly employer contributions which shall be equal to the amount contributed monthly by the superior court judges and solicitors general. Contributions, etc. (b) The deductions from State salaries and allowances payable to judges of the superior courts and solicitors general shall be made notwithstanding that the compensation and allowances fixed by law for such judges and solicitors general shall be reduced thereby. Such judges and solicitors general shall be deemed to consent and agree to the deductions made, and payment of the salary and compensation and allowances, less such deductions, shall be a full and complete discharge of all claims and demands whatsoever

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for the services rendered by such judges and solicitors general during the period covered by such payment. Same. Section 12. The basis for employer and employee contributions to said Fund with respect to judges and solicitors of inferior courts shall be the actual compensation received as judge or solicitor of an inferior court whether such compensation is received in the form of a salary paid by the governmental units paying the costs of the operation of such courts or received in the form of fees paid to said judges and solicitors; provided, however, that for the purposes of contributions to said Fund, said compensation, whether received as a salary or as fees, shall not exceed a maximum amount of $1,000.00 per month for any one judge or solicitor of an inferior court. Same, judges and solicitors of inferior courts. Section 13. (a) Judges and solicitors of inferior courts who are members of said Fund and who are on a fee system shall submit a report by the fifth day of each calendar month, to a person to be designated by the governing authorities of the governmental units paying the costs of the operation of such courts, setting forth the fees received for the previous calendar month, and shall pay, at the time said report is submitted, to said person so designated, as his employee contribution to said Fund, an amount equal to ten per cent of the fees received, as detailed in said report, or ten percent of the maximum amount provided for in section 12 of this Act in the event such fees exceed said maximum. It shall be the duty of judges and solicitors of inferior courts who are on a fee system to submit the report and pay the employee contributions provided for in this subsection, and the Board is hereby authorized to promulgate any rules and regulations, including rules and regulations providing for cancellation of membership in said Fund, that might be necessary or desirable to insure compliance with this Subsection. Judges and solicitors on fee basis. (b) The persons designated by the governing authorities to receive the reports and employee contributions provided for in subsection (a) of this section shall forward such reports and contributions to the Board by not later than the 15th day of each calendar month. A duplicate copy of

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such reports, certified as true and correct by such persons so designated, shall be forwarded to the State Treasurer at the same time in order for the State Treasurer to determine and pay employer contributions as provided in subsection (c) of this section. (c) The employer contributions to said Fund for such judges and solicitors of inferior courts shall be an amount equal to the employee contributions, and from funds appropriated or otherwise available for the operation of superior courts, the State Treasurer is hereby authorized and directed to pay into the Trial Judges and Solicitors Retirement Fund monthly employer contributions which shall be equal to the amount contributed monthly by such judges and solicitors of the inferior courts who are on a fee system, such amount to be determined by the State Treasurer on the basis of the duplicate reports submitted to him as provided in subsection (b) of this section. Employer contributions. Section 14. (a) The employee contributions with respect to judges and solicitors of inferior courts who are compensated by salaries paid by the governmental units paying the costs of the operation of said courts shall be ten percent of the amount of such salaries or ten percent of the maximum provided in section 12 of this Act in the event such salaries exceed said maximum. The amount of such salaries shall be reported to the Board, with a duplicate copy certified as true and correct directed to the State Treasurer, by not later than the 15th day of each calendar month by a person to be designated by the governing authorities of such governmental units. The governing authorities of such governmental units are hereby authorized and directed to deduct said employee contributions from the salaries of said judges and solicitors and to pay the same into the Trial Judges and Solicitors Retirement Fund, said payment of such employee contributions to be forwarded to the Board at the same time the report of the salaries of said judges and solicitors is forwarded. The deduction from the salaries payable to such judges and solicitors of inferior courts shall be made notwithstanding that such salaries fixed by law for such judges and solicitors shall be reduced thereby. Such judges and solicitors

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shall be deemed to consent and agree to the deductions made, and payment of such salaries, less such deductions, shall be a full and complete discharge of all claims and demands whatsoever for the services rendered by such judges and solicitors during the period covered by such payment. Judges and solicitors (b) The employer contributions to said Fund for such judges and solicitors of inferior courts shall be an amount equal to the employee contributions, and from funds appropriated or otherwise available for the operation of superior courts, the State Treasurer is hereby authorized and directed to pay into the Trial Judges and Solicitors Retirement Fund monthly employer contributions which shall be equal to the amount contributed monthly by such judges and solicitors of the inferior courts who are on a salary system, such amount to be determined by the State Treasurer on the basis of the duplicate reports submitted to him as provided in subsection (a) of this section. Section 15. It shall be the duty of the governing authorities of the governmental units affected by this Act to designate responsible persons to submit the reports and forward the employee contributions as provided in sections 13 and 14 of this Act,and it shall be the duty of the persons so designated to comply with the provisions of sections 13 and 14 of this act. If the reports and employee contributions are not forwarded to the Board, with a duplicate copy of the reports directed to the State Treasurer, in accordance with the provisions of sections 13 and 14 of this Act, the State Treasurer is hereby authorized to withhold any State payments payable to any governmental units failing to forward such reports and employee contributions until such time as such reports and contributions have been received. Reports. Section 16. (a) Judges and solicitors of inferior courts may receive credit in said Fund for service as judges and solicitors of inferior courts prior to June 30, 1968, by the payment, by such judge or solicitor, of employer and employee contributions into the Fund for such prior service. Said contributions for such prior service may be paid into

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said Fund at a rate not to exceed payment for one year's prior service for each year as a contributing member of said Fund, except as otherwise provided in subsections (b) and (c) of this section. The basis for employer and employee contributions to said Fund for receiving any credit for prior service shall be the compensation received by such judge or solicitor applying for prior service at the time such application is made or shall be the maximum compensation provided for in section 12 of this Act, in the event the compensation at the time such application is made for such prior service exceeds said maximum. The governmental units paying the costs of the operation of said courts are hereby authorized, but not required, to pay any part or all employer contributions for such prior service, and said governmental units are hereby authorized to expend public funds for such purpose as a part of the costs of operation of such courts. The payment of employer contributions for any such prior service shall not be paid from State funds in any case. The Board may accept payment into the Fund, at the rate herein specified, the necessary amount for any such prior service up to the total amount for all actual prior service. Credit for prior service gained in accordance with the provisions herein shall be creditable service for determining eligibility for retirement, but retirement benefits shall be determined in accordance with the provisions of sections 18 and 19 of this Act. Credit for prior service. (b) In the event a contributing member who is eligible for credit for prior service has reached retirement age, or early retirement age, as provided in sections 18 and 19 of this Act, but does not have the minimum creditable service for retirement, as provided in said sections, such member may, at his election, pay into said Fund, at any time after becoming a contributing member, employee and employer contributions for all actual prior service in order to qualify for a monthly retirement benefit. (c) In the event a contributing member who is eligible for credit for prior service ceases to hold a position or office covered by said Fund, such member may elect to pay into said Fund employee and employer contributions for all actual prior service in order to qualify for a monthly retirement

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benefit upon reaching retirement age or early retirement age; provided, however, such member shall be required to make the election within thirty (30) days after ceasing to hold a position or office covered by said Fund whether or not he will pay into said Fund said employee and employer contributions for such prior service, and said member shall be required to make the necessary payments into said Fund for employee and employer contributions for such prior service within six (6) months after ceasing to hold a position or office covered by said Fund. In the event such member fails to make such election within said thirty (30) days or in the event such member fails to make the necessary payments into the Fund within said six (6) months, such member shall cease to be a member of said Fund and may withdraw the total sum with interest which he has paid into the Fund, but he shall not be eligible at any time after such withdrawal to become a member of said Fund. Section 17. Judges and solicitors of certain inferior courts who are members of the Employees' Retirement System under the provisions of an Act approved December 21, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 305), said Act being an amendment to the Act establishing the Employees' Retirement System, approved February 3, 1949 (Ga. L. 1949, p. 138), may transfer their accumulated employer and employee contributions from the Employees' Retirement System to the Fund and shall receive credit in the Fund for all service as a contributing member of the Employees' Retirement System, but upon retirement, retirement benefits shall be determined in accordance with the provisions of sections 18 and 19 of this Act. Any such judge and solicitor desiring to transfer from the Employees' Retirement System to the Fund must make application to the Board for such transfer within ninety (90) days after June 30, 1968. Any such judge and solicitor failing to make such application within said ninety (90) days shall not at any later time be eligible to become members of the Trial Judges and Solicitors Retirement Fund. Section 18. After obtaining a minimum of ten years creditable service, any member may retire on a monthly

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retirement benefit upon written application to the Board of Trustees setting forth at what time, not less than thirty days or more than ninety days, subsequent to the execution and filing thereof, he desires to be retired, provided the member at the time so specified for retirement has attained age sixty-five. The maximum retirement benefits shall be based on twenty-five years of service as a contributing member of said Fund and the attainment of age sixty-five. After twenty-five years of service as a contributing member of said Fund and the attainment of age sixty-five, no further employee or employer contributions shall be paid into said Fund. Any judge of the superior court or solicitor general and any judge or solicitor of an inferior court, while receiving retirement pay, shall not be eligible for election or appointment to any other office in this State, and such judges and solicitors may not practice law while receiving such retirement pay. Upon retirement, a member shall receive a monthly benefit which shall be the actuarial equivalent of his accumulated contributions at the time of his retirement and a matching monthly benefit derived from contributions of the employer based on actuarial tables adopted by the Board as recommended by its actuary. Retirement. Section 19. A member may retire, after obtaining a minimum of ten years creditable service, at age sixty, and the monthly retirement benefit for such early retirement shall be the actuarial equivalent of his accumulated contributions at the time of his retirement and a matching monthly benefit derived from contributions of the employer based on actuarial tables adopted by the Board as recommended by its actuary. The procedure for making application for retirement and the requirements associated therewith and the limitations relating to receiving retirement pay, as provided in section 18 of this Act, shall be the same for early retirement provided for in this section. Early retirement. Section 20. Any member, after obtaining a minimum of ten years creditable service, who shall become totally and permanently disabled to the extent that he is unable to perform the duties of the office to which he was elected or appointed, shall be entitled to receive a disability benefit

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which shall be the actuarial equivalent of his accumulated contributions at the time of such disability and a matching monthly benefit derived from contributions of the employer based on actuarial tables adopted by the Board as recommended by its actuary. In adopting such actuarial tables, as recommended by its actuary, the Board shall be authorized to consider and apply any accruals to the Fund brought about by sections 22 and 23 of this Act. The disability of any member applying for disability benefits shall be determined by the Board in the same manner and under the same procedure as disability of State employees is determined in accordance with the applicable provisions of the Act establishing the Employees' Retirement System of Georgia, approved March 3, 1949 (Ga. L. 1949, p. 138), as the same is now or may hereafter be amended. Disability payments shall become payable within thirty (30) days after such disability is determined by the Board as herein provided. Disability retirement. Section 21. Until the first payment of any member's retirement benefit becomes normally due after said member becomes eligible to retire, he may request the Board of Trustees to convert the monthly retirement benefit, otherwise payable to him, into a modified monthly retirement benefit of equivalent actuarial value. Modified monthly retirement benefits. Section 22. Except as otherwise provided in section 16 (c) of this Act, if a member ceases to hold a position or office covered by the Fund, he may withdraw the total sum with interest which he has paid into the Fund, but he shall not be eligible at any time after such withdrawal to become a member of said Fund. Withdrawal of contributions. Section 23. If a member dies, before retirement, the amount of his accumulated contributions with interest credits thereon shall be paid to the living person, if any, nominated by him by written designation duly executed and filed with the Board of Trustees; otherwise, to the member's estate. Death before retirement. Section 24. The State Attorney General shall be the legal advisor of the Board of Trustees. Attorney General.

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Section 25. The right to a retirement benefit, to the returns of contributions, any optional benefit or any other right accrued or accruing to any person under the provisions of this Act and the moneys in the Fund created by this Act are hereby exempt from any State, county, or municipal tax, and exempt from levy and sale, garnishment, attachment, or any other process whatsoever, and shall be unassignable except as in this Act specifically otherwise provided. Tax exemptions, etc. Section 26. Any person who shall knowingly make any false statements or shall falsify or permit to be falsified any record or records of the Fund in any attempt to defraud the Fund as a result of such an act shall be guilty of a misdemeanor, and upon conviction thereof by any court of competent jurisdiction, shall be punished by a fine not exceeding $500.00 or imprisonment not exceeding twelve months, or both, such fine and imprisonment to be at the discretion of the court. Should any change or error in the records result in any member or beneficiary receiving from the Fund more or less than he would have been entitled to receive had the records been correct, the Board of Trustees shall have the power to correct such error and to adjust as far as practicable the payments in such a manner that the actuarial equivalent of the benefit to which such member or beneficiary was correctly entitled shall be paid. Crimes. Section 27. To pay the administrative expense of the Fund, upon the receipt of a request from the Board of Trustees on or after the effective date of this Act, and each year thereafter, the State Treasurer is hereby authorized and directed to pay from funds appropriated or otherwise available for the operation of the superior courts of the State, into the Fund an amount equivalent to one percent (1%) of the compensation paid from State funds to the judges and solicitors of the superior courts of Georgia for personal services rendered by them as reflected by the State Auditor's Report for the previous fiscal year. Administrative expenses. Section 28. The employer and employee contributions required by the provisions of this Act shall begin with the month of July, 1968. Effective date.

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Section 29. The Board is hereby authorized and directed to adopt rules and regulations to carry out the provisions of this Act and to distribute the same to the judges and solicitors general of the superior courts, to the judges and solicitors of inferior courts and to the governing authorities paying the cost of the operation of the inferior courts prior to the time employee and employer contributions shall become payable as provided in this Act. Rules, etc. Section 30. If any provisions of this Act or any rule or regulation made thereunder or the application thereof to any person or circumstances is held invalid by a court of competent jurisdiction, the remainder of the Act, rule or regulation shall not be affected thereby. The invalidity of any section or sections or parts of any section or sections shall not affect the validity of the remainder of the Act. Severability. Section 31. This Act shall become effective upon its approval by the Governor or its otherwise becoming law. Effective date. Section 32. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 11, 1968. JUDGE OF SUPERIOR COURT EMERITUS ACT AMENDED. No. 700 (Senate Bill No. 31). An Act to amend an Act creating the officer of Judge of the Superior Courts Emeritus, approved March 9, 1945 (Ga. L. 1945, p. 362), as amended, so as to provide the procedure for granting credit for service in the armed forces; to provide that any superior court judge holding office on a certain date may elect to have his widow receive certain benefits in the event of his death subject to certain conditions; to provide for the deduction of additional contributions from salaries paid to superior court judges by the State; to provide for the procedures

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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 office of Judge of the Superior Courts Emeritus, approved March 9, 1945 (Ga. L. 1945, p. 362), as amended, is hereby amended by adding at the end of the first paragraph of section 2 the following: In granting credit for service in the armed forces of the United States, as provided for in this Act, one year of credit shall be granted for each year or fraction of a year of such service. Credit for service in armed forces. Section 2. Said Act is further amended by adding a new section immediately following section 10 to be designated section 10A to read as follows: Section 10A. (a) Any superior court judge holding office on June 30, 1968, shall have the option, which must be exercised, if at all, within 120 days after such date, of electing to have his widow receive for the remainder of her life, upon his death, a benefit which shall be equal to the emeritus salary he would have received, except as otherwise provided in subsection (b) of this section, had he lived and been appointed Superior Court Judge Emeritus, subject to the following conditions: Benefits for widows. (1) Any judge so electing shall pay an amount equal to two per cent (2%) of his State salary for each year of prior service as Judge of Superior Court up to the time of making such election and shall thereafter contribute, in addition to the five percent (5%) contribution required by this Act, two percent (2%) of the salary paid to him by the State of Georgia; which amount shall be deducted from such salary by the State Treasurer and deposited into the Superior Court Judges Emeritus Fund. Contributions. (2) Any judge so electing shall not be eligible for appointment as Judge Emeritus until he is at least sixty years of age, except he may be appointed Judge Emeritus before

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reaching such age as a result of disability as provided in this Act. Appointment. (b) Upon the death of any Superior Court Judge having made the election provided for in subsection (a) above who was at the time of his death (1) serving as a Judge Emeritus, or (2) eligible for appointment to Judge Emeritus, the widow of such Judge shall receive for the remainder of her life a monthly benefit equal to the Emeritus salary which the Judge was drawing or which he was eligible to draw at the time of his death; except that in the event the widow of any such Judge so electing is younger than such Judge, the benefit paid to her shall be converted to the actuarial equivalent on her attained age at the time of his death based on actuarial tables adopted by the trustees of the Superior Court Judges Retirement Fund as recommended by an actuary selected by such trustees; provided, however, the provisions of this exception shall not apply to the widow of any such Judge if she had been married to such Judge at least twenty years prior to the death of such Judge. Amount of benefits. Section 3. This Act shall become effective upon its approval by the Governor or its otherwise becoming law. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 11, 1968. GEORGIA REAL ESTATE COMMISSION ACT AMENDED. Code 84-1404, 84-1409 Amended. No. 701 (Senate Bill No. 315). An Act to amend Code section 84-1404, as amended, and Code section 84-1409, as amended, of Chapter 84-14 of the Code of Georgia of 1933, which Chapter relates to the regulation of real estate brokers and salesmen, so as

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to provide for staggered terms of office for members of the Georgia Real Estate Commission; to provide for a quorum; to provide for additional professional or educational experience to the qualifications for applicants for a real estate broker's license or permit; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Chapter 84-14 of the Code of Georgia relating to the regulation of real estate brokers and salesmen, as amended, is hereby further amended by striking from Code section 84-1404 the following words: The Governor shall appoint three persons, two of whom shall constitute a quorum who shall have been residents of this State for a period of at least five years and whose vocations for a period of at least five years prior to the date of their appointment shall have been that of either a licensed real estate broker or a licensed real estate salesman, actively engaged in the real estate business for said period of time. The terms of the members shall be for three years and until their successors are appointed and qualified. Members filling vacancies shall be appointed by the Governor for the unexpired term., and substituting in lieu thereof the following: The membership of same shall continue as heretofore provided by law until such time as three vacancies occur simultaneously on such Commission. When such vacancies occur, the Governor shall appoint to such Commission three persons with the approval of the Secretary of State and shall be confirmed by the Senate, who shall have been residents of this State and actively engaged in the real estate business as licensed real estate brokers or salesmen for a period of five years preceding their appointments. Said appointments shall be made as follows: Staggered terms of members. (a) One of such persons shall be appointed for a term of office of less than one year, said term to end on the last Friday in January next following said appointment; at the end of said term, such person's successor shall be

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appointed for a term of three years, and all succeeding appointments made under this subsection (a) shall be for a term of three years. (b) One of such persons shall be appointed for a term of more than one year and less than two years, said term to end on the last Friday in the second succeeding January following said appointment; at the end of said term, such person's successor shall be appointed for a term of three years, and all suceeding appointments made under this subsection (b) shall be for a term of three years. (c) One of such persons shall be appointed for a term of more than two years and less than three years, said term to end on the last Friday in the third succeeding January following said appointment; at the end of said term, such person's successor shall be appointed for a term of three years, and all succeeding appointments made under this subsection (c) shall be for a term of three years. Members of the Commission shall serve until their successors are appointed and qualified. Vacancies on the Commission shall be filled by appointment of the Governor for the unexpired term of the member creating such vacancy. Two of the three members so appointed shall constitute a quorum for the transaction of any business of the Commission., so that when so amended Code section 84-1404 shall read as follows: Section 84-1404 . The Georgia Real Estate Commission is hereby re-created. The membership of same shall continue as heretofore provided by law until such time as three vacancies occur simultaneously on such Commission. When such vacancies occur, the Governor shall appoint to such Commission three persons with the approval of the Secretary of State and shall be confirmed by the Senate, who shall have been residents of this State and actively engaged in the real estate business as licensed real estate brokers or salesmen for a period of five years preceding their appointments. Said appointments shall be made as follows:

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(a) One of such persons shall be appointed for a term of office of less than one year, said term to end on the last Friday in January next following said appointment; at the end of said term, such person's successor shall be appointed for a term of three years, and all succeeding appointments made under this subsection (a) shall be for a term of three years. (b) One of such persons shall be appointed for a term of more than one year and less than two years, said term to end on the last Friday in the second succeeding January following said appointment; at the end of said term, such person's successor shall be appointed for a term of three years, and all succeeding appointments made under this subsection (b) shall be for a term of three years. (c) One of such persons shall be appointed for a term of more than two years and less than three years, said term to end on the last Friday in the third succeeding January following said appointment; at the end of said term, such person's successor shall be appointed for a term of three years, and all succeeding appointments made under this subsection (c) shall be for a term of three years. Members of the Commission shall serve until their successors are appointed and qualified. Vacancies on the Commission shall be filled by appointment of the Governor for the unexpired term of the member creating such vacancy. Two of the three members so appointed shall constitute a quorum for the transaction of any business of the Commission. The Commission shall organize by selecting from its members a chairman and may do all things necessary and convenient to carry into effect the provisions of this Chapter and may from time to time promulgate necessary rules and regulations to carry out the provisions of this Chapter. The Commission shall thereafter meet at least once a month, or as often as is necessary and remain in session as long as the chairman thereof shall deem it necessary to give full consideration to the business before the Commission. The Commission may hold its meetings in any county in this

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State over which it has jurisdiction. Members of the Commission, or others may be designated by the chairman of the Commission, in a spirit of cooperation and coordination, to confer with similar commissions of other States and attend interstate meetings, and generally do such acts and things as may to the Commission seem advisable in the advancement of the profession and the standards of the real estate business. Every member of the Real Estate Commission shall receive as compensation for each day actually spent on the work of the Commission and time actually required in traveling to and from its meetings, not to exceed one day's traveling time, the sum or sums as are now fixed by law, and he shall also receive, in addition thereto, his actual necessary expenses incurred while engaged in the work of the Commission. Said Real Estate Commission is empowered to recommend to the Secretary of State such assistants or employees as are necessary to do the work of the Commission, and the Secretary of State is empowered to employ and dismiss such persons and to fix the compensation of such assistants or employees. Section 2. Said Chapter is further amended by striking from Code section 84-1409, as amended, the following words appearing therein: Before any individual may be granted a broker's license he must have had a salesman's license in the State for at least 12 months and must have been actively engaged in the real estate business for such period of time, and must have satisfactorily passed...., and substituting in lieu thereof the following: Before any individual may be granted a broker's license he must have had a real estate salesman's license in this State for at least three years, and must have been engaged in the real estate business for such period of time, provided, however, that the Commission may adopt rules by which the completion of approved courses of instruction in an institution of higher learning may be substituted in whole or in part for the above license and experience requirements provided, however, any person holding a current and valid

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salesman's license on the date this Act is approved by the Governor, or it otherwise becomes law, shall be eligible to stand an examination for a broker's license after holding a salesman's license for twelve months and to be issued a broker's license if the examination is passed satisfactory. In addition to the foregoing, an applicant for a broker's license must satisfactory pass...., Brokers qualifications. so that when amended Code Section 84-1409 shall read as follows: Section 84-1409. License shall be granted only to persons who are trustworthy and bear a good reputation for honesty and fair dealing and are of good moral character, are graduates of accredited high schools, or its equivalent, and are competent to transact the business of a real estate broker or real estate salesman in such a manner as to safeguard the interests of the public and only after satisfactory proof thereof has been presented to the Georgia Real Estate Commission. Before any individual may be granted a broker's license he must have had a real estate salesman's license in this State for at least three years, and must have been engaged in the real estate business for such period of time, provided, however that the Commission may adopt rules by which the completion of approved courses of instruction in an institution of higher learning may be substituted in whole or in part for the above license and experience requirements provided, however, any person holding a current and valid salesman's license on the date this Act is approved by the Governor, or it otherwise becomes law, shall be eligible to stand an examination for a broker's license after holding a saleman's license for twelve months and to be issued a broker's license if the examination is passed satisfactorily. In addition to the foregoing, an applicant for a broker's license must satisfactorily pass an examination provided by the Commission; except that in extraordinary cases the Commission may in its discretion grant a temporary certificate; and when the applicant has previously held a broker's license or salesman's license in this State he will be eligible for reinstatement of his license upon

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satisfactory proof being furnished the Commission that he was in good standing with the Georgia Real Estate Commission at the time of his retirement from the real estate business and lapse of his license, and conditioned upon his passing an examination to be given by the Commission. All licensed brokers shall give an indemnity bond, in the amount of $1,000 in a form approved by the Commission, and such shall be an indemnity bond in which the broker and his surety are held and firmly bound to the Governor of the State of Georgia, in his official capacity as such and his successors in office; and the condition of this obligation is that the bond shall be subject to suit by action thereon by any person who shall sustain actionable injuries or loss or damage, and it shall be for the purpose of indemnifying any person injured, or damaged, or who may suffer loss, due to any wrongful act of any broker, his agents or employees. Said broker shall be bound under said bond to faithfully perform all of his duties as such broker so far as public citizens are concerned. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 11, 1968. EQUALIZED ADJUSTED SCHOOL PROPERTY DIGEST ACT AMENDEDDIGEST FOR 1969. No. 704 (House Bill No. 899). An Act to amend an Act establishing an equalized adjusted school property tax digest for each county in the State and for the State as a whole, approved March 18, 1964 (Ga. L. 1964, p. 706), as amended by an Act approved March 10, 1966 (Ga. L. 1966, p. 449), so as to provide that for the calendar year 1969 the equalized school property tax digest for each county and the State as a whole shall be the same such digests as were prepared by the State Auditor and used for the 1968 calendar year; to

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provide that the average ratio of assessed value to true value of county property for school purposes for the 1969 calendar year shall be the same such ratio as was used for the purposes of said Act in the calendar year 1968; to provide for the use of appropriated funds; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing an equalized adjusted shcool property tax digest for each county in the State and for the State as a whole, approved March 18, 1964 (Ga. L. 1964, p. 706), as amended by an Act approved March 10, 1966 (Ga. L. 1966, p. 449), is hereby amended by adding at the end thereof a new section to be numbered section 9 and to read as follows: Section 9. Notwithstanding any provisions of this Act to the contrary, for the calendar year 1969, the equalized school property tax digest for each county and the State as a whole shall be the same such digests as were prepared by the State Auditor and used for the purposes of this Act for the 1968 calendar year. The average ratio of assessed value to true value of county property for school purposes to be used for the calendar year 1969 shall be the same such ratios as were used for the purposes of this Act in the calendar year 1968. The State Auditor shall not make a State ratio study in 1968. The funds appropriated for such study shall be used to pay for all outstanding obligations in connection with the existing contract for the ratio study and any funds remaining after such payments shall revert to the Treasury of the State of Georgia. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 11, 1968.

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COBB JUDICIAL CIRCUITSALARIES, ETC. No. 705 (House Bill No. 1125). 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), an Act approved April 5, 1955 (Ga. L. 1965, p. 548), an Act approved March 2, 1966 (Ga. L. 1966, p. 107), and an Act approved April 11, 1967 (Ga. L. 1967, p. 465), so as to provide that the solicitor general shall not be prohibited from practicing law except in any contested matter in any court in this State; to provide for an assistant solicitor general to serve until December 31, 1968; to change the salary of the judges of the Cobb Judicial Circuit; to provide for his compensation, duties and responsibilities; 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 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), an Act approved April 5, 1965 (Ga. L. 1965, p. 548), an Act approved March 2, 1966 (Ga. L. 1966, p. 107), and an Act approved April 11, 1967 (Ga. L. 1967, p. 465), 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. That the offices of the judges and solicitor general of the Superior Court of the Cobb Judicial Circuit

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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 $5,650.00 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 may not engage in the private practice of law in any contested matter in any court in this State. Provided, however, that the present solicitor general of the Cobb Judicial Circuit and all future solicitors general may prosecute to final completion all cases in which his name appears as counsel of record and which were filed prior to his assuming the office of solicitor general of the Cobb Judicial Circuit. Salaries, practice of law by solicitor general. Section 2. Said Act is further amended by inserting immediately before section 5 a new section to be known as section 4C and to read as follows: Section 4C. The solicitor general is authorized to appoint and employ an assistant solicitor general to assist him in the discharge of his official duties. Said assistant shall discharge such duties and responsibilities as shall be assigned to him by the solicitor general of the Cobb Judicial Circuit. While discharging the official duties of his office, the assistant solicitor general of the Cobb Judicial Circuit shall have the same powers, duties and responsibiliites as the solicitor general. The assistant solicitor general shall receive an annual salary of $11,000.00, payable in equal monthly installments from the funds of Cobb County. On

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December 31, 1968, the office of the assistant solicitor general of the Cobb Judicial Circuit shall be abolished. Assistant solicitor general. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 11, 1968. ACT PROHIBITING EMPLOYMENT OF FEMALES IN LIQUOR STORES, ETC. REPEALED. No. 711 (Senate Bill No. 349). An Act to amend an Act known as the Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors, approved February 3, 1938 (Ga. L. 1937-38 Ex. Sess., p. 103), as amended, so as to delete the provision which prohibits females from working in liquor stores; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors, approved February 3, 1938 (Ga. L. 1937-38 Ex. Sess., p. 103), as amended, is hereby amended by striking from section 15 the following: that no female shall be allowed to work in any liquor store as hostess, barmaid or in any manner whatsover., so that when so amended section 15 shall read as follows: Section 15. Any person who by himself or another shall furnish or cause to be furnished or permit any person in his employ to furnish alcoholic, spirituous liquors, or beverages to any minor, to any person who is noticeably intoxicated, or to any habitual drunkard whose intemperate habits are known to such person, shall be guilty of a misdemeanor,

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and upon conviction, shall be punished as for a misdemeanor. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 12, 1968. CONCENTRATED COMMERCIAL FEEDING STUFFS-INSPECTION FEES, ETC. Code 42-205, 42-209 Repealed. No. 713 (House Bill No. 1333). An Act to amend Code Chapter 42-2, relating to concentrated commercial feeding stuffs, as amended, particularly 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 February 27, 1956 (Ga. L. 1956, p. 293), an Act approved March 17, 1959 (Ga. L. 1959, p. 368), an Act approved March 17, 1960 (Ga. L. 1960, p. 970), an Act approved March 10, 1965 (Ga. L. 1965, p. 121), and an Act approved March 2, 1966 (Ga. L. 1966, p. 92), so as to eliminate inspection fees for concentrated commercial feeding stuffs; to eliminate the reporting of tonnage of concentrated commercial feeding stuffs for tax purposes; to eliminate the payment of inspection fees; to eliminate the penalty for making false reports; to eliminate certain bond requirements; 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, particularly 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 February 27, 1956 (Ga. L. 1956, p. 293), an Act approved March 17, 1959 (Ga. L. 1959, p.

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368), an Act approved March 17, 1960 (Ga. L. 1960, p. 970), an Act approved March 10, 1965 (Ga. L. 1965, p. 121), and an Act approved March 2, 1966 (Ga. L. 1966, p. 92), is hereby amended by striking Code sections 42-205 and 42-209 in their entirety. Section 2. This Act shall become effective May 1, 1968. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 13, 1968. STATE HIGHWAY DEPARTMENT TO REIMBURSE DEPARTMENT OF LAW AND COUNTIES FOR CERTAIN LEGAL SERVICES. No. 714 (House Bill No. 991). An Act to amend an Act pertaining to reimbursement to the Department of Law by the State Highway Department for certain legal services, approved March 13, 1958 (Ga. L 1958, p. 118), so as to provide for reimbursement to the Department of Law by the State Highway Department for legal fees for services by any Assistant Attorney General or Deputy Assistant Attorney General assigned by the Attorney General of Georgia to perform specific items of legal work in connection with contract lawsuits; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act pertaining to reimbursement to the Department of Law by the State Highway Department for certain legal services, approved March 13, 1958 (Ga. L. 1958, p. 118), 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. When the Attorney General of Georgia shall assign any Assistant Attorney General or any Deputy Assistant Attorney General to perform specific legal service in connection with contract lawsuits and the acquisition of rights-of-way for any project on the State road system constructed, or to be constructed, by the State Highway Department of Georgia, and when such services shall be designated by the Attorney General to include specific items of legal services in connection with specific highway projects and for legal services involving the trial or preparation for trial of individual condemnation cases, contract lawsuits and related matters on such project or projects, or a group or series of condemnation cases, contract lawsuits and related matters in connection with a specific project or projects, the State Highway Department of Georgia shall reimburse the State Department of Law for expenses incurred for such services as hereinafter provided. The State Highway Department shall also reimburse the counties of this State for legal expenses incurred by them in acquiring rights-of-way for highway construction or alterations for highways, which are on the interstate system of highways. Section 2. Said Act is further amended by striking section 2, and by substituting in lieu thereof a new section 2, to read as follows: Section 2. From time to time the Attorney General shall submit to the State Highway Department a statement of the expenses of such legal services incurred by the State Department of Law, such statements to include the names of the Assistant Attorneys General or the Deputy Assistant Attorneys General performing such services, the items of legal services performed and the cost thereof. The State Highway Department is authorized to reimburse the State Law Department for such expenses. Provided, however, that the expenses of legal services for contract lawsuits shall have the advance approval of the Director of State Highway Department. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 13, 1968.

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NORTH GEORGIA MOUNTAINS COMMISSION ACT. No. 717 (Senate Bill No. 408). An Act to create the North Georgia Mountains Commission as a commission and agency of the State Government; to provide for a short title; to define certain terms connected therewith; to provide for its organization, the appointment and terms of office of its members; to provide for and authorize the purchase, lease or rental of real property, or any interest therein, and the acquisition by purchase or otherwise of personal property necessary or incidental for the construction, equipping, maintenance, operation, and promotion of recreational areas and facilities, tourist and accommodation facilities and services; to confer powers, duties, and authority upon the Commission; to authorize counties and municipalities to convey land to the Commission; to authorize the Commission to enter into contracts and agreements, including, but not limited to, lease rental agreements and other leases; to provide the procedure connected with the foregoing; to repeal conflicting laws; and for other purposes. Whereas, there is an urgent need too encourage the development and utilization of the vast forestry, geological, and other natural resources of the North Georgia Mountains Area for the enjoyment of all its citizens; and Whereas, it is desirable and to the best interest of Georgia and its citizens to develop and promote the North Georgia Mountains Area for tourism and recreational purposes in order to realize maximum over all economic and social development of Georgia; Be it enacted by the General Assembly of Georgia: Section 1. This Act may be cited as the North Georgia Mountains Commission Act. Short title. Section 2. There is hereby created a commission and agency of the State Government, to be known as the North-Georgia Mountains Commission. The Commission shall occupy

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the same position in relation to the State Government as to other agencies, departments, boards, bureaus, and commissions of the State Government. Created. Section 3. The following words and terms shall have the meaning hereinafter indicated unless the context shall clearly indicate another or different meaning or intent. Definitions. (a) Commission-North Georgia Mountains Commission created by this Act. (b) Project - The acquisition, construction, equipping, maintaining, operating, managing and promotion of recreation and accommodation and tourist facilities and services, including, but not limited to, recreation centers, outdoor recreation experiment stations, playgrounds, parks, swimming and wading pools, lakes, golf courses, tennis courts, athletic fields and courts, club houses, gymnasiums, museums, convention halls, pageants, auditoriums, stables, restaurants, hotels, motels, hunting and fishing preserves, historic sites and attractions, and any other facilities or services that the Commission may desire to undertake including the related buildings and the usual and convenient facilities appertaining to any facilities, and the acquisition of necessary property therefor, all as may be related to the development of recreational and tourist accommodations and facilities as the Commission may deem necessary, convenient, or desirable. (c) Governing Authority of a County-The commissioner of roads and revenues, board of commissioners of roads and revenues, ordinary, or other person or body of persons at the time entrusted by law with the administration of the fiscal affairs of any county. (d) Governing Authority of a City or Municipality-The council, board of aldermen, or other person or body of persons at the time entrusted by law with the administration of the fiscal affairs of any municipal corporation. Section 4. The Commission shall consist of nine members to be appointed by the Governor as hereinafter provided.

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Six members shall be chosen with due consideration for area-wide representation from the North Georgia Mountains Area as a whole; provided, however, that three of the first such members shall be the three members of the North Georgia Mountains Commission created by the Act approved April 9, 1963 (Ga. L. 1963, p. 357), as amended, who were appointed from the North Georgia Mountains Area as a whole in accordance with the provisions of section 4 of said Act. The members who shall be the three members of the previously existing North Georgia Mountains Commission, as aforesaid, shall be appointed by the Governor for initial terms of one, two and three years, as designated by the Governor, and the remaining three members from the North Georgia Mountains Area as a whole shall be appointed for initial terms of four, five and six years, as designated by the Governor. Three members shall be chosen from the State at large; provided, however, that two of the first such members shall be the two members of the North Georgia Mountains Commission created by the Act approved April 9, 1963 (Ga. L. 1963, p. 357), as amended, who were appointed from the State at large in accordance with the provisions of section 4 of said Act. The members who shall be the two members of the previously existing North Georgia Mountains Commission, as aforesaid, and the remaining member from the State at large shall be appointed for initial terms of one year. Thereafter, all succeeding members shall be appointed for terms of six years and until their successors are appointed and qualified. Any member who is absent from four consecutive regularly scheduled meetings of the Commission may be removed from office at the discretion of the Governor. Members, chairman, etc. The Commission shall elect one of its members as chairman and another member as vice-chairman, both of whom shall be elected for a term of one year to serve beginning on the day of their election and continuing until their successors are elected and qualified annually thereafter in the same manner. Any five members of the Commission eligible to vote constitutes a quorum. A majority of the quorum is empowered to exercise all rights and perform all duties of the

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Commission and no vacancy on the Commission shall impair the right of the quorum to act. The unexpired term of any member who ceases to serve from any cause shall be filled in the same manner that such member was originally appointed to the Commission. The members of the Commission shall serve without compensation, except for reimbursement for actual expenses incurred in the performance of their duties. No member of the Commission may serve as an employee of said Commission. Employees of the Commission shall receive reasonable compensation for their services to be determined by the members of the Commission. Section 5. The Commission shall have power: (a) To acquire by purchase, lease, or otherwise, and to hold, lease, use and operate any personal property of every kind and character for its purposes. Powers. (b) Upon request of the Commission, the State Properties Acquisition Commission is authorized, subject to the provisions of the State Properties Acquisition Law, Code Chapter 36-1.1, to acquire by purchase, acceptance, or condemnation, for and on behalf of the State of Georgia, any and all lands to be used in a project as defined by this Act. When a project is proposed for construction on any lands owned by any of the counties named in section 6 of this Act or by any municipality or municipalities incorporated therein, the governing authority or body of the county or of any of the municipalities, is authorized to convey title to such lands to the Commission through the State Properties Acquisition Commission if the property is unserviceable or cannot be advantageously or beneficially used by the county or municipalities so conveying: Provided, however, payment shall be to the credit of the general funds of the county or municipalities and it shall be the reasonable value of the lands as may be determined by three appraisers to be agreed upon by the governing authority or body of such county or municipality and the chairman of the State Properties Acquisition Commission.

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(c) To execute contracts, deeds, leases, sub-leases and all instruments necessary or convenient, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which the Commission causes to be erected or acquired; provided that no deed, lease, sub-lease or similar instrument by which the Commission conveys an interest in land shall valid unless approved in writing by the Governor, Attorney General, and the State Auditor. (d) To accept grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof upon such terms and conditions as the United States of America of such agency or instrumentality thereof, may impose. (e) To act as agent for the United States of America, or any agency, department, corporation or instrumentality thereof, in any manner within the purposes or powers of the Commission. (f) To receive gifts, donations, or contributions from any person, firm or corporation. (g) To hold, use, administer, and expend such sum or sums as may hereafter be received as income, as gifts, or appropriated by authority of the General Assembly for any of the purposes of this Commission. (h) To prescribe and fix and collect rates, fees, tolls and charges, and to revise from time to time and collect such rates, fees, tolls and charges for the services, facilities or commodities furnished, including leases, concessions or subleases of the Commission's lands or facilities. (i) To contract with institutions of higher learning for the purpose of securing qualified specialists to aid in any of its projects. (j) To do all things necessary, convenient or incidental to carry out the intent, purpose and powers expressed and given in this Act.

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Section 6. The North Georgia Mountains Commission shall exercise all of its powers and engage in the business of its projects within the territorial boundaries and jurisdiction of Banks, Catoosa, Chattooga, Cherokee, Dade, Dawson, Fannin, Forsyth, Frankling, Gilmer, Gwinnett, Habersham, Hall, Lumpkin, Murray, Pickens, Rabun, Stephens, Towns, Union, Walker, White, and Whitfield counties and such other counties as may from time to time be admitted by resolution of the Commission. Territorial. Section 7. All the rights and obligations legally undertaken by the North Georgia Mountains Commission as previously constituted under an Act approved April 9, 1963 (Ga. L. 1963, p. 357), as amended, particularly by an Act approved March 10, 1964 (Ga. L. 1964, p. 369), and an Act approved April 1, 1965 (Ga. L. 1965, p. 487), are hereby ratified and transferred to the North Georgia Mountains Commission created by this Act. Intent. Section 8. If any section, subsection, or other provision of this Act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other sections, subsections, or provisions of this Act or the application thereof which can be given affect without the invalid section, subsection, or provision or the application thereof, and to this end, the provisions of this Act are declared to be severable the same as if each section, subsection or provision had been enacted by the General Assembly independent of any other Section, Subsection or provision. Severability. Section 9. An Act approved April 9, 1963 (Ga. L. 1963, p. 357), as amended, particularly by an Act approved March 10, 1964 (Ga. L. 1964, p. 369), and an Act approved April 1, 1965 (Ga. L. 1965, p. 487), and all other laws and parts of laws in conflict with this Act are hereby repealed. Prior Acts repealed. Approved March 14, 1968.

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NORTH GEORGIA MOUNTAINS AUTHORITY. No. 718 (Senate Bill No. 409). An Act to create the North Georgia Mountains Authority as an instrumentality to the State; to define certain terms connected therewith; to provide for its organization, the appointment and terms of office of its members; to invest the State Auditor with powers and duties to examine all books and records of the Authority at the close of its fiscal year each year; to provide for and authorize the purchase, lease or rental of real property, or any interest therein, and the acquisition by purchase or otherwise of personal property necessary or incidental for the construction, equipping, maintenance, operation, and promotion of recreational areas and facilities, tourist and accommodation facilities and services; to confer powers and duties upon the Authority; to authorize the Governor to execute on behalf of the State a lease upon any and all lands owned and held by the State in White County to the Authority for a period not to exceed 50 years; to authorize the Authority to issue revenue bonds, payable from earnings and revenue to pay the cost of projects; to exempt such bonds and the income thereof from taxation in the State of Georgia; to define the rights of holders of said bonds; to provide that no debt of the State shall be incurred in the exercise of any of the powers granted by this fact; to authorize the execution of trust indentures to secure the payment of such bonds; to provide for the pledging of revenues and other earnings for the payment of such bonds; to exempt the property and income of the Authority from taxation within the State of Georgia; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. There is hereby created a body corporate and politic to be known as the North Georgia Mountains Authority, which shall be deemed an instrumentality of the State of Georgia, and a public corporation, and by that name, style and title said body may contract and be contracted with, sue

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and be sued, implead and be impleaded, and complain and defend in all courts of law and equity. The Authority may delegate to one or more of its members, or to its agents and employees, such powers and duties as it may deem proper. Said Authority shall exist for ninety-nine (99) years. Created, etc. Section 2. The following words and terms shall have the meaning hereinafter indicated unless the context shall clearly indicate another or different meaning or intent. (a) Authority - North Georgia Mountains Authority created by this Act. Definitions. (b) Project - The acquisition, construction, equipping, maintaining, operating, managing and promotion of recreation and accommodation and tourist facilities and services, including, but not limited to, recreation centers, outdoor recreation experiment stations, playgrounds, parks, swimming and wading pools, lakes, golf courses, tennis courts, athletic fields and courts, club houses, gymnasiums, museums, convention halls, pageants, auditoriums, stables, restaurants, hotels, motels, hunting and fishing preserves, historic sites and attractions, and any other facilities or services that the Authority may desire to undertake including the related buildings and the usual and convenient facilities appertaining to any undertakings and any extensions or improvements of any facilities, and the acquisition of necessary property therefor, all as may be related to the development of recreational and tourist accommodations and facilities as the Authority may deem necessary, convenient, or desirable. (c) Cost of Project - The cost of acquisition of properties or the use thereof, both real and personal, and the cost of construction, erection, establishment, maintenance, repair, and remodeling of tourist and recreational facilities, and the cost of financing charges, interest incurred on construction and one year after completion of construction, as well as the cost of engineering, architectural, administrative, fiscal and legal expenses and services as well as the cost of plans and

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specifications, as well as expenses incurred for feasibility or practicability studies. Section 3. The Authority shall consist of nine members to be appointed by the Governor as hereinafter provided. Six members shall be chosen with due consideration for area-wide representation from the North Georgia mountains area as a whole; provided, however, that three of the first such members shall be the three members of the North Georgia Mountains Commission created by the Act approved April 9, 1963 (Ga. L. 1963, p. 357), as amended, who were appointed from the North Georgia mountains area as a whole in accordance with the provisions of section 4 of said Act. The members who shall be the three members of the previously existing North Georgia Mountains Commission, as aforesaid, shall be appointed by the Governor for initial terms of one, two and three years, as designated by the Governor, and the remaining three members from the North Georgia mountains area as a whole shall be appointed for initial terms of four, five and six years, as designated by the Governor. Three members shall be chosen from the State at large; provided, however, that two of the first such members shall be the two members of the North Georgia Mountains Commission created by the Act approved April 9, 1963 (Ga. L. 1963, p. 357), as amended, who were appointed from the State at large in accordance with the provisions of section 4 of said Act. The members who shall be the two members of the previously existing North Georgia Mountains Commission, as aforesaid, and the remaining member from the State at large shall be appointed for initial terms of one year. Thereafter, all succeeding members shall be appointed for terms of six years and until their successors are appointed and qualified. Any member who is absent from four consecutive regularly scheduled meetings of the Commission may be removed from office at the discretion of the Governor. Members, Chairman, by-laws, etc. The Authority shall elect one of its members as chairman and another as vice-chairman. It shall also elect a secretary and a treasurer who need not be members. The office of secretary and treasurer may be combined in one person.

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The Authority may make such bylaws for its government as is deemed necessary, but is under no duty to do so. Any five members of the Authority shall constitute a quorum necessary for the transaction of business, and a majority vote of those present at any meeting at which there is quorum shall be sufficient to do and perform any action permitted by this Act. No vacancy on the Authority shall impair the right of a quorum to transact any and all business as aforesaid. The unexpired term of any member who ceases to serve from any cause shall be filled in the same manner that such member was originally appointed to the Authority. The members shall receive no compensation for their services but all members shall be entitled to be reimbursed for actual expenses, including travel and any other expenses incurred while in the performance of their duties. Employees of the Authority shall receive reasonable compensation, to be determined by the members of the Authority for their services. Section 4. The members of the Authority shall be accountable in all respects as trustees. The Authority shall keep suitable and proper books and records of all receipts, income and expenditures of every kind, and shall submit for inspection of all the said books together with the proper statement of the Authority's financial position at the close of its fiscal year each year to the State Auditor. Records, etc. Section 5. The Authority shall have power: (a) to have a seal and alter the same at pleasure; (b) to acquire, hold and dispose of real and personal property for its corporate purposes; (c) to exercise the power of eminent domain; Powers. (d) to appoint and select officers, agents and employees, including engineering, architectural and construction experts and attorney and fix their compensation;

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(e) to make contracts, and to execute all instruments necessary or convenient, including contracts for construction of projects or contracts with respect to the leasing or use of projects which it caused to be subdivided, erected or acquired; (f) to plan, survey, subdivide, improve, administer, construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects as hereinabove defined, to be located on property owned or leased by the Authority, the cost of any such project to be paid from its income, the proceeds of revenue bonds of the Authority, or from such proceeds and any grant from the United States of America or any agency or instrumentality thereof, or the State of Georgia; (g) to accept loans and grants, either or both, of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof upon such terms and conditions as the United States of America or such agency or instrumentality may impose; (h) to borrow money for any of its corporate purposes and to issue negotiable revenue bonds from earnings of projects, and to provide for the payment of the same and for the rights of the holders thereof; (i) to exercise any power usually possessed by private corporations performing similar functions, which is not in conflict with the Constitution and laws of this State; (j) to do all things necessary or convenient to carry out the powers expressly given in this Act; (k) to act as agent for the United States of America, or any agency, department, corporation or instrumentality thereof, in any manner within the purposes or powers of the Authority; (l) to adopt, alter or repeal its own bylaws, rules and regulations governing the manner in which its business may be transacted and in which the power granted to it may be

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enjoyed, as the Authority may deem necessary or expedient in facilitating its business; (m) to do any and all other acts and things in this Act authorized or required to be done, whether or not included in the general powers in this Section mentioned; (n) to receive gifts, donations or contributions from any person, firm or corporation; (o) to hold, use, administer and expend such sum or sums as may hereafter be received as income or gifts for any of the purposes of this Authority; and (p) to do any other things necessary or proper to beautify, improve, and render said projects self-supporting, including the establishment and modification of all reasonable fees, rentals and other charges of whatever kind it deems necessary; (q) the express power and authority to construct, maintain, and operate a project in White County, Georgia, to be known and designated as Georgia Recreation Experiment Station; and in connection with said project the Governor is hereby authorized to execute for and on behalf of the State a lease upon any and all lands owned and held by the State in said County to the Authority for a period not to exceed fifty (50) years, such land so leased to be used by the Authority only in connection with said project. Section 6. The Authority shall have the power and authority to issue revenue bonds which may be sold only to the United States, an agency or subdivision thereof, or to the State of Georgia, an agency or subdivision thereof. Such bonds shall be issued pursuant to the provisions of section 6 (b) hereof. Bonds. Section 6(b): The Authority shall have the power and is hereby authorized to provide by resolution for the issuance of negotiable revenue bonds for the purpose of paying all or any part of the cost as herein defined of any one or combination of projects. The principal and interest of

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such revenue bonds shall be payable solely from a special fund herein provided for. The bonds of each issue shall be dated, shall bear interest at the lowest attainable rate, payable in such medium of payment as to both principal and interest as may be determined by the 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 in 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 the denominations of the bonds and the place or places of payment of principal and interest thereof, which may be at any bank or trust company within or without the State. The bonds may be issued in coupon or registered form, or both, as the Authority may determine, and provision may be made for the registration of any coupon bond as to principal alone and also as to both principal and interest. All bonds shall be signed by the Chairman of the Authority and the official seal of the Authority shall be affixed hereto and attested by the Secretary of the Authority and any coupons attached thereto shall bear the signature or facsimile signature of the Chairman of the Authority. In case any officer whose signature shall appear on any bonds or whose facsimile signature shall appear on any coupon shall cease to be an officer before delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery. Such bonds and the income thereof shall be exempt from taxation in the State of Georgia. The Authority may sell said bonds in such manner and for such price as it may determine to be for the best interest of the Commission. Any resolution providing for the issuance of revenue bonds under the provisions of this Act shall become effective

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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. Revenue bonds issued under provisions of this Act shall not be deemed to constitute a debt of the State of Georgia or a pledge of the faith and credit of the State, but such bonds shall be payable solely from the fund hereinafter provided for and the issuance of such revenue bonds shall not directly, indirectly, or contingently obligate the State to levy or to pledge any form of taxation whatever therefor or to make any appropriation for the payment thereof, and all such bonds shall contain recitals on their faces covering substantially the foregoing provisions of this paragraph. In the discretion of the Authority, any issue of revenue bonds may be secured by a trust indenture by and between the Authority and a corporate trustee, which may be any trust company or bank having the powers of a Trust Company within or without the State. Such trust indenture may pledge or sign rents, revenues, and earnings to be received by the Authority. Either the resolution providing for the issuance of revenue bonds or the trust indenture itself may contain such provisions for perfecting and enforcing the rights and remedies of the bond holders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the Authority in relation to the acquisition of property, the construction of the project, the maintenance, operation, repair, and insurance of the project or projects, and the custody, safe guarding and application of all monies and revenues, and may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the Authority and satisfactory to the original purchasers of the bonds issued therefor. Such indenture may set forth the rights and remedies of the bond holders and of the trustee and may restrict the individual right of action of bond holders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the

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Authority may deem reasonable and proper for the security of the bond holders. All revenues, rents, and earnings derived from any project or projects and all funds from any source whatsoever received by the Authority may be pledged and allocated by the Authority to the payment of principal and interest on revenue bonds of the Authority as the resolution authorizing the issuance of the bonds or the trust instrument may provide, and such funds so pledged by whatever source received shall be set aside at regular intervals as may be provided in the resolution or trust indenture into a sinking fund which shall be pledged to and charged with the payment of (1) interest upon such revenue bonds as such interest shall fall due, (2) the principal of the bonds as the same shall fall due, (3) the necessary charges of paying agents for paying principal and interest and (4) any premium upon bonds retired by call or purchase as hereinbefore provided. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be affirmed for the benefit of all revenue bonds without distinction or priority of one over the other. Any holder of revenue bonds issued under the provisions of this Act, or any of the coupons appertaining thereto, and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protest and enforce any and all rights under the Laws of the State of Georgia which are granted hereunder or under such resolution or trust indenture, and may enforce and compel performance of all duties required by this Act or by such resolution or trust indenture, to be performed by the Authority, or any officer thereof, including the fixing, charging, and collection of revenues, rents, and other charges for the use of the project or projects. But no holder of such bonds shall have the right

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to compel any exercise of the taxing power of the State to pay any such bond or the interest thereon, or to enforce the payment thereof against the property of the State, nor shall any such bond constitute a charge, lien or encumbrance, legal or equitable, upon any property of the State. It is hereby found, determined, and declared that the creation of the Authority and the carrying out of its purposes as defined herein, is in all respects for the benefit of the people of this State, and is a public purpose and that the Authority will be performing an essential governmental function in the exercise of the powers conferred upon it by this Act; and the State convenants with the holders of the bonds that the Authority shall be required to pay no taxes or assessments upon any of the property acquired or leased by it, or under its jurisdiction, control, possession, or supervision or upon its activities in the operation or maintenance of the buildings and facilities erected or acquired by it, or any fees, rentals, or other charges, for the use of such buildings, or any other income received by the Authority, and that the bonds of the Authority, their transfer, and the income therefrom shall at all times be exempt from taxation within this State. Any exemption from taxation herein provided shall not include exemption from sales and use taxes. Any action to protect or enforce any rights under the provisions of this Act shall be brought in the Superior Court of Fulton County, Georgia, and any action pertaining to validation of any bonds issued under provisions of this Act shall likewise be brought in the said Court which shall have exclusive, original jurisdiction of such actions. Bonds of the Authority shall be confirmed and validated in accordance with the procedure of the Revenue Bond Law of 1937 (Chapter 87-8, Code of Georgia). The petition for validation shall also make party defendant to such action any authority, subdivision, instrumentality or agency of the State of Georgia which has contracted with the Authority for the use of any building or facility for which bonds have been issued and sought to be validated, and such Authority, subdivision, instrumentality or agency shall be required

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to show cause, if any, why such contract or contracts and the terms and conditions thereof should not be inquired into by the Court and the validity of the terms thereof determined, and the contract adjudicated as security for the payment of any such bonds of the Authority. The bonds when validated and the judgment of validation shall be final and conclusive with respect to such bonds and against the Authority issuing the same and any authority, subdivision, instrumentality department or agency contracting with the Authority. The Authority shall prescribe the rules and regulations for the operation of all projects, and it shall be the duty of the Authority to fix rentals and other charges for the use of such projects so as to provide a fund sufficient with other revenues, if any, to pay the cost of maintaining, repairing and operating the projects and to pay the principal of the revenue bonds and the interest thereon as the same shall become due. Section 7. The North Georgia Mountains Authority shall exercise all of its powers and engage in the business of its project within the territorial boundaries and jurisdiction of Banks, Catoosa, Chattooga, Cherokee, Dade, Dawson, Fannin, Forsyth, Franklin, Gilmer, Gwinnett, Habersham, Hall, Lumpkin, Murray, Pickens, Rabun, Stephens, Towns, Union, Walker, White and Whitfield Counties and such other counties as may from time to time be admitted by resolution of the Authority. Territorial jurisdiction. Section 8. If any section, subsection, or other provision of this Act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other sections, subsections, or provisions of this Act or the application thereof which can be given affect without the invalid section, subsection, or provision or the application thereof, and to this end, the provisions of this Act are declared to be severable the same as if each section, subsection or provision had been enacted by the General Assembly

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independent of any other section, subsection or provision. Severability. Section 9. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 14, 1968. STATE BOARD OF EXAMINERS OF PLUMBING CONTRACTORS. No. 719 (House Bill No. 557). An Act to create the State Board of Examiners of Plumbing Contractors; to provide for the examination of all master, contracting and journeymen plumbers; to provide for the issuance and renewal of licenses; to define certain terms; to provide for examination fees, license fees, and renewal fees and the disposition thereof; to provide for the appointment of members of the Board of Examiners of plumbing contractors; to provide for the duties of the board; to provide for issuing rules and regulations by the board; to provide for compensation and expenses of the members of the board; to provide that no person, firm, or corporation shall engage in the business of plumbing contracting, installation, or repairing of plumbing facilities unless qualified under the provisions of this Act; to provide for hearings of complaints; to provide for the publication of a roster; to provide for an effective date; to provide for exceptions; to provide for severability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. A State Board of Examiners of Plumbing Contractors is hereby created to determine the fitness of master, contracting and journeyman plumbers to engage in said vocation in this State by the establishment of rules and regulations in order to safeguard home and other property owners and tenants against faulty, inadequate, inefficient

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or unsafe plumbing installations and to protect the life, health and property of said owners and tenants in the State of Georgia. Created, intent. Section 2. Master or Contracting Plumber . A master or contracting plumber is defined as an individual who is skilled in the art of design and installation of plumbing equipment, as hereinafter enumerated and who has sufficient practical knowledge and experience to efficiently and properly assume the responsible charge and direction of others in the design or inspection of plumbing systems and installation of such equipment or plumbing systems, in the State of Georgia and who qualifies as such under this Act. Section 3. Journeyman Plumber . Any person other than a master or contracting plumber who has satisfied the Board as to his practical knowledge of the installation of plumbing and has been licensed by the Board to install plumbing under the direction of a master or contracting plumber. Section 4. All master, contracting, or journeyman plumbers in the State of Georgia shall qualify in accordance with the provisions of this Act, and shall be required to stand an examination before the Board of Examiners. Any applicant failing to pass his first examination for a certificate shall be entitled to take any subsequent examination held within six months from the date of his first examination without payment of any additional fee. Examinations. Section 5. Examinations shall be made up by said Board in such manner as to test the knowledge, skill and efficiency of the applicants. Examinations shall be held at such time and place as may be fixed by the Board of Examiners at least quarterly. Written notice of the time and place of examinations shall be mailed to all persons who have filed applications for the examinations with the Secretary of the Board of Examiners, to the address given on his applications. Quarterly examinations. Section 6. Requirements of Master or Contracting Plumbers License . Within six months after the effective

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date of this Act, all individuals desiring to qualify as a master or contracting plumber shall make application to stand the examination herein provided for, or within the same period, shall furnish satisfactory evidence such as current business license and/or journeyman or Master or Contractor certificate to said Board that such individual has successfully and efficiently engaged in said vocation for a period of at least six months. Any individual so qualifying shall pay to said Board the fee prescribed for applicants for examinations for qualification. The decision of the Board as to the qualifications of applicants taking the required examinations shall in the absence of fraud, be conclusive. All individuals desiring to engage in said vocations after the expiration of six months after the effective date of this Act, shall qualify under this Act before engaging in said vocation or business. Section 7. The Board of Examiners shall consist of ten licensed master or contracting plumbers and four journeymen plumbers and one qualified fulltime plumbing inspector. Plumbing inspector as herein used is hereby defined as a person who is currently employed by a governing authority of a municipality or county to inspect plumbing within the jurisdiction of the appointing authority. The members of the Board shall be appointed by the Governor, with the approval of the Secretary of State and shall be confirmed by the Senate. One master or contracting plumber shall be appointed from each Congressional District in Georgia. The first eight members of the Board to be appointed by the Governor shall serve on said Board until June 30, 1970, and the remaining members of the Board appointed by the Governor shall serve on the said Board until June 30, 1972. On June 30, 1970, the Governor shall appoint eight new members who shall succeed to the offices of the original eight appointees and continue on in like manner, the intent of this law being to stagger the composition of the Board so that each member shall serve for a term of four years. Any member of the Board may be removed by the Board for misconduct, incompetency or neglect of duty. Vacancies shall be filled by appointment by the Governor for the unexpired term in manner similar to appointment for an original

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term. On July 1st of every even-numbered year the Board shall elect a chairman who shall serve for a period of two years. Members, etc. Section 8. Each of the members of said Board shall take an oath before the Governor of the State of Georgia that he will faithfully perform the duties of his office. The Board shall elect from among its members a secretary who shall keep the minutes, books and other records and files of the Board. He shall issue all certificates in the name of the Board which is hereby designated as State Board of Plumbing Examiners, he shall send out all notices and attend to all correspondence under the direction of the Board; he shall receive and deposit in the aforementioned name of the Board, in a depository to be designated by the Board, all fees and perform such other duties as are incidental to his office and as may be required by the Board. He shall give bond payable to the Governor of the State of Georgia in the penal sum of $5,000.00 for the faithful performance of his duties and the premium therefor shall be paid from the fees of the Board. The Board may in its discretion provide for such extra remuneration for the services of the secretary as it may deem proper to be paid from said fees. No moneys shall be withdrawn from the funds of the Board except by direction of the Board which shall be by check signed by the Chairman and countersigned by the Secretary. A majority of the Board shall constitute a quorum for the transaction of all business. Oaths, secretary, etc. Section 9. Organization of the Board; first meeting, organization, rules and regulations . Within thirty (30) days after its appointment, the Board shall meet on call by the Joint Secretary of the State Examining Boards. The Joint Secretary shall serve as Secretary to the Board in all matters as set forth in Chapter 84-1, Code of Georgia of 1933, as amended. The Board shall elect from its members such other officers as it may deem necessary for such terms as it may designate in its rules and regulations. The Board shall adopt such rules and regulations as it may deem necessary for the proper discharge of its duties, in accordance with the

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Georgia Administrative Procedure Act (Ga. L. 1964, p. 338). The chairman may appoint members to such committees as the work of the Board may require. Section 10. Applicants for examination shall pay the following fees: $25.00 for journeyman, $75.00 for contractor. All of the fees fixed by the Board of Examiners must accompany the applications for examinations and no part of said fees shall be refunded, payable to the State of Georgia. Application fees. Section 11. Each of the members of the Board of Examiners shall receive the sum of not more than twenty ($20.00) dollars per day for each day actually engaged in the performance of the duties imposed by this Act, said sums to be paid only out of the fees received for examinations and renewal certificates. Each member shall also be reimbursed for travel expense going to and from his residence in conjunction with official meetings of the Board at the rate of six (6) cents per mile. Compensation. Section 12. All certificates provided for herein shall be renewed annually, not later than ninety (90) days after the first day of January of each year, and all holders of certificates shall be entitled to renewal thereof upon payment of a renewal fee of not more than thirty-five ($35.00) dollars for master or contracting plumber, and ten ($10.00) dollars for journeyman plumber per annum. All certificates not renewed under the provisions of this section shall be subject to a penalty of seventy-five ($75.00) dollars per year for each year not renewed and further subject to re-examination after three years. All civil fines assessed under this section shall be paid into the treasury of the State of Georgia. Annual certificates. Section 13. No partnerships or corporation shall have the right to engage in the business of plumbing contracting, installation or repairing (as defined in section 2 of this Act), unless there is regularly connected with such partnership or corporation a person or persons actually engaged in the performance of said business, who holds a certificate of qualification issued to him as provided for in this Act. Plumbing contractors.

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Section 14. Requirements for Journeyman's License . Within six months after the effective date of this Act, all individuals, desiring to qualify as a journeyman plumber, shall make application to stand the examination herein provided for, or within the same period, shall furnish satisfactory evidence to said Board that such individual has successfully and efficiently engaged in said vocation for a period of at least six months. Any individual so qualifying shall pay to said Board the fee prescribed for applicants for examinations for qualification. The decision of the Board as to the qualifications of applicants taking the required examinations shall in the absence of fraud be conclusive. All individuals desiring to engage in said vocation after the expiration of six months after the effective date of this Act, shall qualify under this Act before engaging in said vocation. No person shall have the right to engage in the business of plumbing contracting, installing or repairing (as defined in section 2 of this Act) in the State of Georgia unless such person holds a certification of qualification, issued to him as provided for in this Act. Section 15. Any person, firm, or corporation violating any provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not less than twenty-five ($25.00) dollars, nor more than one hundred ($100.00) dollars or imprisonment in the county jail for a period of not more than ninety (90) days, or both, and if the violation of this Act consists of the engaging in said vocation or business without first obtaining the required certificate, each day the offender shall continue in business without said certificate shall constitute a new offense. In addition said Board shall have power and authority to cite the offender to appear before it and said offender shall be subject to have his or its certificate suspended or revoked in the discretion of the Board, where the violation does not consist of the conduct of said business or vocation without a certificate. Crimes. Section 16. Said Board shall also have power and authority to hear and determine all complaints respecting the installation and/or repair covered by this Act, filed with said Board by any interested party after first giving the

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person against whom the complaint is filed at least five (5) days written notice of the time and place of hearing, together with a copy of the complaint filed against said person. If, upon the hearing the Board deems such complaint meritorious, said Board may, in its discretion, suspend or revoke the certificate of the person against whom the complaint is filed or may allow such person a reasonable time in which to meet and correct the complaint of the objecting party. All suspensions of certificates may be for such periods of time as said Board in its discretion may determine. All certificates revoked by the Board may in the discretion of the Board, be reinstated at any time thereafter upon good cause shown. The right to file complaints shall extend to any member of said Board and to any person the Board may employ to investigate the work of all individuals, firms, and corporations coming within the terms of this Act. To that end, said Board is hereby authorized and empowered to employ any qualified person or persons from time to time it may see fit to make such investigation and to report to and testify before the Board concerning same, paying said investigator from the fees of said Board for such services, if any remuneration is contracted in writing therefor. The right to file complaints shall be cumulative to any other remedy now or hereafter provided by law and neither the decision of the Board nor any of its documents, records or transcribed or documentary evidence shall ever be used by any party to any suit or law in equity or in any of the courts of this State. Hearings, etc. Section 17. Said Board shall also publish annually a list of names and addresses of all individuals holding certificates of qualification under this Act, and shall mail a copy of said list to all qualified individuals who make application for same. Annual listings. Section 18. If any clause, sentence or paragraph, or part of this Act shall for any reason be held by any court of competent jurisdiction to be invalid, said judgment shall not affect, impair or invalidate the remainder of this Act, but shall be confined in its operation to the clause, paragraph or part directly involved in controversy in which said judgment was rendered. Severability.

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Section 19. This Act shall take effect sixty (60) days from the date of its approval. Effective date. Section 20. Provided further, that the provisions of this Act shall not apply to public utility corporations operating under the supervision of the Georgia Public Service Commission. Exemptions. Section 21. The provisions of this Act shall not apply to any individual owner or lessee performing plumbing or related services upon residential property, where owned or leased by him. Nor shall this Act apply to plumbing or related services performed by plumbers employed by any institution, manufacturer, or business to render such services with respect to its installation and maintenance operations. Same. Section 22. No provision of this Act shall be construed as prohibiting or preventing a municipality or county from fixing, charging, assessing or collecting any license fee, registration fee, tax or gross receipt tax on any related business or on anyone engaged in any related business governed by the provisions of this Act. Intent. Section 23. Notwithstanding any provision of this Act to the contrary any person may engage in plumbing contracting, installation or repairing within any municipality or county, provided he meets the licensing qualifications required by such municipality or county; provided, however, that any person who holds a certificate of qualification issued to him under the provisions of this Act may engage in the business of plumbing contracting, installation or repairing throughout the State of Georgia, and no municipality or county may require such person to comply with any additional licensing requirements imposed by such municipality or county, except as provided in section 22. Same. Section 24. It is not the intention of this Act to authorize the promulgation of any plumbing code or other rules or regulations governing the Act or techniques of plumbing. Same. Section 25. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 15, 1968.

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COMPENSATION OF DIRECTOR OF DEPARTMENT OF STATE PARKS. No. 721 (Senate Bill No. 329). An Act to amend an Act relating to the compensation of the Director of the Department of State Parks, approved March 21, 1958 (Ga. L. 1958, p. 215), as amended by an Act approved April 9, 1963 (Ga. L. 1963, p. 477), so as to change the compensation of the Director; 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 relating to the compensation of the Director of the Department of State Parks, approved March 21, 1958 (Ga. L. 1958, p. 215), as amended by an Act approved April 9, 1963 (Ga. L. 1963, p. 477), is hereby amended by striking in its entirety section 1, and substituting in lieu thereof a new section 1 to read as follows: Section 1. The Director of the Department of State Parks shall be compensated in the amount of $20,000.00 per annum, payable in semi-monthly installments. The salary provided for herein shall be the Director's entire and sole compensation. He shall not be entitled to, and he shall not receive any other compensation or allowances; except he shall be reimbursed for his actual and necessary expenses incurred in connection with the official duties of his office. Salary. Section 2. The provisions of this Act shall become effective on the first day of the month following its approval by the Governor. Effective date. Section 3. All laws and parts of law in conflict with this Act are hereby repealed. Approved March 15, 1968.

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NOTICE OF ATTORNEY'S FEES UPON NOTES, ETC. Code 20-506 Amended. No. 722 (House Bill No. 19). An Act to amend Code section 20-506, relating to attorney's fees upon any note or other evidence of indebtedness, as amended so as to provide that refusal by the debtor to accept delivery of the notice shall be the equivalent of such notice; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 20-506, relating to attorney's fees upon any note or other evidence of indebtedness, as amended, is hereby amended by adding the following sentence to the end of subsection (c) thereof: The refusal of a debtor to accept delivery of the notice herein before specified shall be the equivalent of such notice. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 15, 1968. ENFORCEMENT OF LABORER'S AND MATERIALMEN'S LIENS. Code 67-2002 (3) Amended. No. 723 (House Bill No. 444). An Act to amend the Code of Georgia of 1933, section 67-2002 (3) relating to the enforcement of laborer's and materialmen's liens, as amended, particularly by an Act approved March 27, 1941 (Ga. L. 1941, p. 345), and an

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Act approved February 11, 1960 (Ga. L. 1960, p. 103), so as to provide that any lien enforced directly against the property so improved shall be brought within twelve (12) months from the time such material, services, labor, or supplies were furnished; to provide that in certain circumstances the person or persons furnishing materials, services, labor, or supplies shall be relieved of the necessity of filing suit; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Code of Georgia of 1933, section 67-2002 (3) relating to the enforcement of laborer's and materialmen's liens, as amended, particularly by an Act approved March 27, 1941 (Ga. L. 1941, p. 345), and an Act approved February 11, 1960 (Ga. L. 1960, p. 103), is hereby amended by adding in the second paragraph after the words the necessity of and before the words obtaining judgment the words filing suit or and by adding in said second paragraph after the words in an action against the owner thereof and before the words but with the judgment rendered the words if filed within 12 months from the time the same shall become due, so that when so amended said second paragraph shall read as follows: In the event any contractor or subcontractor procuring material, architect's services, registered land surveyor's services, or registered professional engineer's services, labor or supplies for the building, repairing or improving any real estate, building, or other structure shall abscond or die or remove from the State within 12 months from the date such services, labor, supplies or material are furnished him, so that personal jurisdiction cannot be obtained on said contractor or subcontractor in a suit for said services, material, labor or supplies, or if such contractor or subcontractor shall be adjudicated a bankrupt, or, if after the filing of suit, no final judgment can be obtained against him for the value of such material, services, labor or supplies, by reason of his death or adjudication in bankruptcy then and in any of said events, the person or persons so furnishing material, services, labor and supplies shall be relieved

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of the necessity of filing suit or obtaining judgment against such contractor or subcontractor as a prerequisite to enforcing a lien against the property improved by said contractor or subcontractor and may, subject to the provision of section 67-2001, enforce said lien directly against the property so improved, in an action against the owner thereof, if filed within 12 months from the time the same shall become due, with the judgment rendered in any such proceeding to be limited to a judgment in rem against the property improved and to impose no personal liability upon the owner of said property; provided, that in such action for recovery, the owner of the real estate improved, who has paid the agreed price, or any part of same may set up such payment in any action brought, and prove by competent and relevant evidence that such payments were applied as provided by law, and no judgment shall be rendered against the property improved. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 15, 1968. ACT CREATING STATE LITERATURE COMMISSION AMENDED. No. 724 (House Bill No. 703). An Act to amend an Act entitled An Act to provide for the creation, membership and compensation of a State Literature Commission; to provide for certain definitions; to provide for recommendations of prosecution by the commission; to provide for addition of `literature'; to Literature Commission; to provide for certain defini-proved February 19, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 135), as amended, by an Act approved March 25, 1958 (Ga. L. 1958, p. 391), and an Act approved March 3, 1964 (Ga. L. 1964, p. 161), so as to authorize any solicitor general to submit a request for a determination as to whether certain literature is obscene to the State Literature

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Commission; to authorize the solicitor general to seek a declaratory judgment if the State Literature Commission determines that the literature is not obscene; 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 provided for the creation, membership and compensation of a State Literature Commission; to provide for certain definitions; to provide for recommendations of prosecution by the commission; to provide for addition of `literature', to repeal conflicting laws; and for other purposes, approved February 19, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 135), as amended, by an Act approved March 25, 1958 (Ga. L. 1958, p. 391), and an Act approved March 3, 1964 (Ga. L. 1964, p. 161), is hereby amended by adding at the end of section 6-A a new section to be known as section 6-B to read as follows: Section 6-B. When the solicitor general of any judicial circuit, either through investigation, or from evidence furnished to him, believes any literature to contain obscene material, he may forward copies of same to the State Literature Commission for its determination that the forwarded literature is obscene. If the commission determines that the forwarded literature is not obscene or fails to act within thirty days of the receipt of the forwarded literature, the solicitor general forwarding such literature, is hereby authorized to institute an action, in his own name as solicitor general, as he may deem necessary and proper to obtain a declaratory judgment that the literature is obscene, without regard to whether an adequate remedy exists at law. The superior courts of the counties in which general jurisdiction to hear such actions is vested shall have such jurisdiction to hear the actions provided for herein. The solicitor general shall use the procedure for bringing such declaratory judgment as is provided for the State Literature Commission in section 6-A of the Act creating the State Literature Commission approved February 19, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 135), as amended, particularly by an Act approved March 3, 1964 (Ga. L. 1964, p. 161). Determination if literature obscene.

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 15, 1968. IMPOUNDING OF VEHICLES PARKED IN PRIVATE PARKING AREAS. No. 725 (House Bill No. 813). An Act to amend an Act entitled An Act to provide for the removal and storage at the owner's expense of unauthorized vehicles found in private parking areas; to provide a lien for the expense thereof; to repeal conflicting laws; and for other purposes, approved February 27, 1962, (Ga. L. 1962, p. 146), so as to provide that any person entitled to the possession of any parcel or space of real property shall be entitled to remove and to store, or cause to be removed and stored, any vehicle parked thereon not authorized to be parked at the place where it is found, at the owner's expense; to provide a lien for the expense thereof and how such lien shall be asserted and enforced and the priorities to which such lien shall be entitled; 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 removal and storage at the owner's expense of unauthorized vehicles found in private parking areas; to provide a lien for the expense thereof; to repeal conflicting laws; and for other purposes, approved February 27, 1962 (Ga. L. 1962, p. 146), is hereby amended by striking section 1 of said Act in its entirety and substituting in lieu thereof a new section 1 to read as follows: Section 1. Any person entitled to the possession of any parcel or space of real property shall have the right to remove, or cause to be removed, therefrom any vehicle parked

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thereon not authorized to be parked at the place where it is found and to store, or cause to be stored, such vehicle at the expense of the owner thereof, provided that there shall have been conspicuously posted on said real property notice that any vehicle parked thereon not authorized to be parked at the place where it is found may be removed at the expense of the owner of such vehicle and information as to where such vehicle can be recovered. The person removing and storing such vehicle shall have a lien against same for the expenses of such removal and storage. Such lien may be asserted and enforced and shall be entitled to the same priorities as that of special liens or personalty authorized by section 67-2003 of the Code of Georgia, as amended. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 15, 1968. SOLICITATION OF PAYMENT OF MONEY BY USE OF INVOICE FOR GOODS ETC. NOT ORDERED. No. 726 (House Bill No. 901). An Act to make unlawful the solicitation of payment of money by means of a statement or invoice, or any writing that could reasonably be interpreted as such, for goods not yet ordered or for services not yet performed and not yet ordered unless a warning in boldface type is printed on the face of the statement or invoice; to make violation of the foregoing a misdemeanor and punishable as such; to provide for damages; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. It shall be unlawful for any person, firm or corporation to solicit payment of money by another by means of a statement or invoice, or any writing that could reasonably be interpreted as a statement or invoice, for

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goods not yet ordered or for services not yet performed and not yet ordered, unless there appears on the face of the statement or invoice or writing in 30-point boldface type the following warning: Notices, etc. This is a solicitation for the order of goods or services and you are under no obligation to make payment unless you accept the offer contained herein. Section 2. Any person who shall violate the provisions of section 1 shall be guilty of a misdemeanor and, upon conviction therefor, shall be punished as for a misdemeanor. Crimes. Section 3. Any person damaged by [Illegible Text] with section 1, in addition to other remedies, is entitled to damages in the amount equal to three times the sum solicited. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 15, 1968. MUNICIPALITIESPUBLICATION OF FINANCIAL STATEMENTS. No. 727 (House Bill No. 996). An Act to amend an Act providing for publication or distribution of a statement of financial condition of each incorporated municipality, approved April 11, 1967, (Ga. L. 1967, p. 481), so as to provide for publication of the statement of financial condition six months after the close of the fiscal year of each incorporated municipality, to repeal conflicting laws, and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for the publication of distribution of a statement of financial condition of each incorporated municipality, approved April 11, 1967, (Ga. L.

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1967, p. 481), is hereby amended by striking from the first sentence of section 1 the figure 3 and inserting in lieu thereof the word six so that when amended, said section 1 shall read as follows: Section 1. As soon as practicable after the close of its respective fiscal year (but not more than six months after the close thereof), the governing body of each municipality shall cause to be published in the municipality; or if no newspaper be published in the municipality then in the official gazette in which the Sheriff's advertisements are published in the county in which said municipality is located, statement of revenues and expenditures showing all municipal accounts as of the close of such preceding fiscal year. Such statement of revenues and expenditures shall be prepared so as to fairly represent the general financial condition of said municipality. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 15, 1968. CRIMINAL PROCEDUREPROBATION FOR FIRST OFFENDERS. No. 729 (House Bill No. 401). An Act to provide that persons accused of crime, who have not been previously convicted of a felony, with their consent, be placed on probation after a finding but before an adjudication of guilt; to provide for an adjudication of guilt of such persons upon a violation of the terms of their probation or upon conviction of another crime; to limit the availability of this Act to a person to one occasion only; to provide for the discharge of a person upon the successful completion of his probation; to provide for the restoration of civil rights and liberties; to provide that such person shall not be considered to have a criminal conviction; to provide for forwarding of a record to

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the State Probation System in the Identification Division of the Federal Bureau of Investigation; to provide that the probationer shall be informed of the terms of this Act when sentence is imposed; to provide for pleading and proving the finding of guilt as if conviction has been had; to preserve the right to an appeal; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Upon a verdict or plea of guilty or a plea of nolo contendere but before an adjudication of guilt, the court may, in the case of a defendant who has not been previously convicted of a felony, without entering a judgment of guilt and with the consent of the defendant, defer further proceeding and place the defendant on probation as provided by the Statewide Probation Act (Ga. L. 1956, p. 27). Upon violation of the terms of probation, or upon a conviction for another crime, the court may enter an adjudication of guilt and proceed as otherwise provided. No person may avail himself of the provisions of this Act on more than one occasion. When applicable, etc. Section 2. Upon fulfillment of the terms of probation, or upon release by the court prior to the termination of the period thereof, the defendant shall be discharged without court adjudication of guilt. Such discharge shall completely exonerate the defendant of any criminal purpose, shall not affect any civil right or liberties, and he shall not be considered to have a criminal conviction. Should a person be placed under probation under this Act, a record of the same shall be forwarded to the office of the State Probation System and to the Identification Division of the Federal Bureau of Investigation. Intent, records, etc. Section 3. The probationer shall be informed of the terms of this Act at the time of imposition of sentence. Notice. Section 4. If otherwise allowable by law in any subsequent prosecution of the defendant for any other offense, such prior finding of guilt may be pleaded and proven as if

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an adjudication of guilt had been entered and relief had not been granted pursuant to this Act. Subsequent prosecutions. Section 5. A defendant sentenced pursuant to this Act shall have the right to appeal in the same manner and with the same scope and same effect as if judgment of conviction had been entered and appealed from. Appeals. Section 6. This Act shall be effective as to all crimes committed after the date of its approval. Effective date. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 18, 1968. CONSPIRACY TO COMMIT CRIMES. Code 26-1902 Amended. No. 730 (House Bill No. 851). An Act to amend Code Chapter 26-19, relating to conspiracy, so as to provide that conspiracy to commit a crime shall be a crime; to provide penalties; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 26-19, relating to conspiracy, is hereby amended by adding at the end thereof a new code section to be known as Code section 26-1902 to read as follows: 26-1902. Conspiracy to commit a crime . A person commits conspiracy to commit a crime when he together with one or more persons conspires to commit any crime and any one or more of such persons does any overt act to effect the object of the conspiracy. If the crime which was conspired to be committed is a felony, each person convicted

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of violating this section shall be punished by imprisonment for not less than one nor more than five years or the punishment provided for such felony, whichever is the lesser. If the crime which was conspired to be committed is a misdemeanor each person convicted of violating this section shall be punished the same as the punishment provided for such misdemeanor. Section 2. A co-conspirator may be relieved from the effects of this Act if he can show that, before the overt act occurred, he withdrew his agreement to commit a crime. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 18, 1968. CERTIFICATE OF CHANGE OF NAME. Code 79-504 Enacted. No. 731 (House Bill No. 883). An Act to amend Code Chapter 79-5, relating to the procedure to be followed by persons desiring to change their name or their children's names, as amended by an Act approved March 20, 1943 (Ga. L. 1943, p. 260) and an Act approved March 7, 1961 (Ga. L. 1961, p. 129), so as to provide the clerk of the court with authority to issue a certificate of the change of name or names to the person having the name or names changed; to provide the form and procedure therefor; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 79-5, relating to the procedure to be followed by persons desiring to change their name or their children's names, as amended by an Act approved March 20, 1943 (Ga. L. 1943, p. 260), and an Act approved

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March 7, 1961 (Ga. L. 1961, p. 129), is hereby amended by adding a new Code section to be known as Section 79-504 to read as follows: 79-504. At any time after the entry of the final order of change of name, the clerk of the court granting the same, upon the request of the petitioner requesting such change of name, shall issue to said petitioner a certificate of change of name, under the seal of the court, upon payment to said clerk a fee of fifty ($.50) cents. Such certificate shall be received as evidence of the facts contained in such certificate. Such certificate shall be in substantially the following form:

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 18, 1968. BANKS AND BANKINGLOANS TO OFFICERS, ETC. Code 13-2012 Amended. No. 732 (House Bill No. 937). An Act to amend Code section 13-2012, relating to loans to officers, directors, agents, or employees, so as to provide for exceptions and qualifications thereon; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 13-2012, relating to loans to officers, directors, agents or employees, is hereby amended by striking Code section 13-2012 in its entirety and inserting in lieu thereof a new Code section 13-2012 to read as follows: 13-2012. Loans to officers, agents, or employees .No bank shall lend any officer, director, agent or employee any amount whatever except upon good collateral or other ample security; and no such loan shall be made until after it has been approved by a majority of the directors, or by the members of a committee of the board of directors authorized to act, as provided in the preceding section except indebtedness arising by reason of general arrangements

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under which a bank (a) acquires charge or time credit accounts or (b) makes payments to or on behalf of participants in a bank credit card plan, check credit plan, or similar plan. Provided, however, the above exception shall not apply to indebtedness of an officer, director, agent or employee to the extent that the aggregate amount thereof exceeds $1,000 or to any such indebtedness to his own bank that involves prior individual clearance or approval by the bank other than for the purpose of determining whether his participation in the arrangement is authorized or whether any dollar limit has been or would be exceeded. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 18, 1968. PROFESSIONAL TEACHING PRACTICES ACT AMENDED. No. 735 (House Bill No. 1062). An Act to amend an Act creating a professional practices commission and declaring teaching a profession with all the rights, responsibilities and privileges accorded other legally recognized professions, approved April 19, 1967 (Ga. L. 1967, p. 840), so as to remove the provisions relating to the Board of Regents and the University System of Georgia; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a professional practices commission and declaring teaching a profession with all the rights, responsibilities and privileges accorded other legally recognized professions, approved April 19, 1967 (Ga. L. 1967, p. 840), is hereby amended by striking section 2 in its entirety and inserting in lieu thereof a new section 2 to read as follows:

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Section 2. (1) A professional practices commission is created consisting of seventeen (17) members appointed by the State Board of Education on the recommendation of the State Superintendent of Schools. A member, in order to be qualified for appointment, shall be certified to teach in the State of Georgia, and be a citizen of the United States and a resident of this State, and shall have practiced his profession in Georgia for at least five (5) years immediately preceding his appointment. The composition of the commission shall be as follows: four (4) elementary school classroom teachers; four (4) secondary school classroom teachers; one (1) elementary school principal; one (1) secondary school principal; two (2) school system superintendents; one (1) employee of the State Department of Education; and four (4) persons who are members of and designated as representing statewide professional education organizations of professional practitioners. Commission members, etc. (2) The members of the commission shall be nominated by the teaching profession as provided in subsection (3) below, and the names of the nominees shall be submitted by the State Superintendent of Schools to the State Board of Education from which names the State Superintendent of Schools recommendations shall be taken. (3) A panel of three (3) nominees for each place on the commission for which each group is responsible shall be submitted to the State Superintendent of Schools by each of the following: recognized statewide general professional education associations, State Board of Education; and by the recognized statewide professional education organizations representing each of the following: classroom teachers, elementary school principals, secondary school principals, and superintendents. Initial appointments shall be: six (6) for one (1) year, six (6) for two (2) years, and five (5) for three (3) years. Thereafter, terms shall be for three (3) years. A member may be reappointed to the commission only one (1) time. The State Board of Education shall designate the statewide professional education organizations which shall be entitled to submit nominations. (4) The commission is given the responsibility for developing, with the advice of the teaching profession, criteria

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of professional practices in the area of ethical and professional performance. (5) (a) The commission shall select its chairman, and, subject to the approval of the State Board of Education, shall have the authority to establish procedures for developing codes or standards of ethics, professional performance, and practices as described herein, to adopt such codes and standards, and to adopt rules and regulations of procedure, providing for filling of vacancies on the commission, and to effectuate the purposes of this Act. (b) The commission shall have the power to recommend action in cases of violation of the standards of professional practice, as established by it, for all teachers, which shall represent the generally accepted standards within the teaching profession with respect to competent performance and ethical practice toward other members of the profession, parents, students, and the community; provided, however, that nothing herein shall extend beyond the area of professional ethics and professional performance nor to areas of strictly private views or activities not related to the classroom or professional activity. (c) A violation of any of the standards so adopted shall be deemed to be unprofessional practice. (d) In carrying out its functions of developing standards, the commission may incorporate in its recommendations the proposals developed by any of the committees of any existing professional organizations under the Professional Teaching Practices Act. (6) (a) The commission, in administering this Act, after a public hearing may make recommendations to the State Board of Education that a member of the profession be warned or reprimanded, may make recommendations to the State Board of Education in cases involving suspension or revocation of certificates of members of the profession, and may make any recommendations to the State Board of Education or to local or county boards of education which will promote an improvement of the teaching profession.

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A report of action taken upon such recommendations, including a decision that no action be taken, shall be filed with the commission and a copy delivered to the member affected. (b) In analyzing the charges of breach of ethical or professional practices, the commission may request assistance through any of the investigative processes of any existing professional organization. (7) When acting in good faith in the course of their duties at meetings of the commission, members shall be privileged in their utterances. Section 2. Said Act is further amended by striking from section 5 the words and university so that section 5 when so amended shall read as follows: Section 5. The provisions of this Act, other than the declaration that teaching is a professional service, shall not be construed as applicable to those members of the profession not serving in the public school systems. Intent. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 18, 1968. GEORGIA HEALTH CODE AMENDEDHOSPITALIZATION UNDER COURT ORDER. Code 88-506 Amended. No. 736 (House Bill No. 1135). An Act to amend Code section 88-506 of the Georgia Health Code, relating to hospitalization upon court order; judicial procedure, so as to provide that written notice of the examination hearing may be given by the court of ordinary by registered mail to two of the three nearest

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adult relatives residing within this State; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 88-506 of the Georgia Health Code, relating to hospitalization upon court order; judicial procedure, is hereby amended by striking the period (.) following the word State at the end of the first sentence of subsection (b) of said section and inserting, immediately following said word State, the following: ; provided, however, such written notice may be given by registered mail by said court of ordinary to any two of said three nearest adult relatives residing within this State., so that when so amended subsection (b) of Code section 88-506 shall read as follows: (b) Ten (10) days written notice of the examination hearing on the application shall be given by the court of ordinary to the alleged patient or his attorney or guardian ad litem and to the three nearest adult relatives of such person residing within the State, one of such adult relatives being the spouse of the patient, if any, if such spouse resides in the State; provided, however, such written notice may be given by registered mail by said court of ordinary to any two of said three nearest adult relatives residing within this State. Such notice may be waived in writing by such persons but may be waived in writing on behalf of the alleged patient only by his attorney or guardian ad litem. Notice of hearings. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 18, 1968.

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STATE BOARD OF EDUCATIONREGULATION OF CERTAIN CONTRACTS. No. 740 (House Bill No. 1375). An Act to provide that no person shall enter into any contract or make any purchase which involves the aggregate sum of one hundred ($100.00) dollars or more for or on behalf of students of any public elementary or secondary school supported in whole or in part from public funds unless such person complies with the rules and regulations prescribed by the State Board of Education as authorized herein for making purchases on behalf of students in such schools; to provide a penalty; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The State Board of Education is hereby authorized to promulgate rules and regulations, to regulate contracts or purchases which involves the aggregate sum of one hundred ($100.00) dollars or more for or on behalf of students of any public elementary or secondary school supported in whole or in part from public funds. Contracts regulated. Section 2. No person shall enter into any contract or make any purchase which involves the aggregate sum of one hundred ($100.00) dollars or more for or on behalf of students of any public elementary or secondary school supported in whole or in part from public funds unless such person has complied, prior to entering into said contract or purchase, with such rules and regulations as promulgated by the State Board of Education for making purchases for the students in said schools. Compliance with rules. Section 3. Any person who violates the provisions of section 2 shall be subject to such discipline measures as provided by the State Board of Education. Discipline. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 18, 1968.

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LAND CONVEYANCE TO WILKES COUNTY. No. 107 (Senate Resolution No. 193). A Resolution. Authorizing the conveyance of a certain tract of State-owned property located in Wilkes County to Wilkes County; and for other purposes. Whereas, the Department of Public Safety has constructed a new State Patrol Barracks on property which was donated to the State of Georgia by Wilkes County for that purposes; and Whereas, the tract of land upon which the old State Patrol Barracks was located in Wilkes County is no longer needed for any purpose and is surplus property; and Whereas, that tract of land upon which the old State Patrol Barracks was located is described as follows: All that tract or parcel of land lying and being in the 164th District, G. M. of Wilkes County, Georgia. An iron pin on the southeast corner of the within property, at a point which is 574.5 feet west of the lands of Cohen, along the right of way of U. S. #78 is the point of beginning; thence north 37 deg. 45 min. E, a distance of 200.0 feet to an iron pin; thence north 52 deg. 15 min. W, a distance of 150.0 feet along the lands of Dorothy Russell Goldwire to an iron pin; thence south 37 deg. 45 min. W, a distance of 200.0 feet along the lands of Mrs. J. T. Russell, Sr., to an iron pin on the right of way of U. S. Highway #78; thence south 52 deg. 15 min. E, along the said right of way a distance of 150.0 feet to the point of beginning, according to plat thereof prepared by William B. Fricklen, dated January 16, 1968, and recorded in plat book no. 3, p. 157 of the records of the clerk of the Superior Court of Wilkes County.; and

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Whereas, Wilkes County agreed to donate the property for the construction of the new State Patrol Barracks with the understanding that the tract of land upon which the old barracks was located would be conveyed to Wilkes County. Now, therefore, be it resolved by the General Assembly that the Governor, acting for and in behalf of the State of Georgia, is authorized to execute appropriate instruments conveying the above described tract of land to Wilkes County in consideration of the hereinbefore set forth premises. Approved March 18, 1968. UNIFORM DECEPTIVE TRADE PRACTICES ACT. No. 743 (House Bill No. 850). An Act to adopt the Uniform Deceptive Trade Practices Act; to define certain terms; to set forth certain deceptive trade practices; to provide remedies and relief to persons damaged by deceptive trade practices; to provide for certain exceptions; to provide for a short title; to provide for severability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. As used in this Act, unless the context otherwise requires: (1) article means a product as distinguished from its trademark, label, or distinctive dress in packaging; (2) certification mark means a mark used in connection with the goods or services of a person other than the certifier to indicate geographic origin, material, mode of manufacture, quality, accuracy, or other characteristics of the goods or services or to indicate that the work or labor

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on the goods or services was performed by members of a union or other organization; Definitions (3) collective mark means a mark used by members of a cooperative, association, or other collective group or organization to identify goods or services and distinguish them from those of others, or to indicate membership in the collective group or organization; (4) mark means a word, name, symbol, device, or any combination of the foregoing in any form or arrangement; (5) person means an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, unincorporated association, two or more of any of the foregoing having a joint or common interest, or any other legal or commercial entity; (6) service mark means a mark used by a person to identify services and to distinguish them from the services of others; (7) trademark means a mark used by a person to identify goods and to distinguish them from the goods of others; (8) trade name means a word, name, symbol, device or any combination of the foregoing in any form or arrangement used by a person to identify his business, vocation, or occupation and distinguish it from the business, vocation, or occupation of others. Section 2. (a) A person engages in a deceptive trade practice when, in the course of his business, vocation, or occupation, he: (1) passes off goods or services as those of another; (2) causes likelihood of confusion or of misunderstanding as to the source, sponsorship, approval, or certification of goods or services;

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(3) causes likelihood of confusion or of misunderstanding as to affiliation, connection, or association with, or certification by, another; (4) uses deceptive representations or designations of geographic origin in connection with goods or services; (5) represents that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits, or quantities that they do not have or that a person has a sponsorship, approval, status, affiliation, or connection that he does not have; Deceptive trade practices. (6) represents that goods are original or new if they are deteriorated, altered, reconditioned, reclaimed, used, or secondhand; (7) represents that goods or services are of a particular standard, quality, or grade, or that goods are of a particular style or model, if they are of another; (8) disparages the goods, services, or business of another by false or misleading representation of fact; (9) advertises goods or services with intent not to sell them as advertised; (10) advertises goods or services with intent not to supply reasonably expectable public demand, unless the advertisement discloses a limitation of quantity; (11) makes false or misleading statements of fact concerning the reasons for, existence of, or amounts of price reductions; or (12) engages in any other conduct which similarly creates a likelihood of confusion or of misunderstanding. (b) In order to prevail in an action under this Act, a complainant need not prove competition between the parties or actual confusion or misunderstanding.

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(c) This section does not affect unfair trade practices otherwise actionable at common law or under other statutes of this State. Section 3. (a) A person likely to be damaged by a deceptive trade practice of another may be granted an injunction against it under the principles of equity and on terms that the court considers reasonable. Proof of monetary damage, loss of profits, or intent to deceive is not required. Relief granted for the copying of an article shall be limited to the prevention of confusion or misunderstanding as to source. Injunctions, other relief. (b) Costs shall be allowed to the prevailing party unless the court otherwise directs. The court (in its discretion) may award attorney's fees to the prevailing party if (1) the party complaining of a deceptive trade practice has brought an action which he knew to be groundless or (2) the party charged with a deceptive trade practice has willfully engaged in the trade practice knowing it to be deceptive. (c) The relief provided in this section is in addition to remedies otherwise available against the same conduct under the common law or other statutes of this State. Section 4. (a) This Act does not apply to: (1) conduct in compliance with the orders or rules of, or a statute administered by, a federal, state, or local governmental agency; Exemptions. (2) publishers, broadcasters, printers, or other persons engaged in the dissemination of information or reproduction of printed or pictorial matters who publish, broadcast, or reproduce material without knowledge of its deceptive character; or (3) actions or appeals pending on the effective date of this Act. (b) Subsections 2(a) (2) and 2(a) (3) do not apply to the use of a service mark, trademark, certification mark,

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collective mark, trade name, or other trade identification that was used and not abandoned before the effective date of this Act, if the use was in good faith and is otherwise lawful except for this Act. Section 5. This Act shall be construed to effectuate its general purpose to make uniform the law of those states which enact it. Intent. Section 6. This Act may be cited as the Uniform Deceptive Trade Practices Act. Short title. Section 7. If any provision of this Act or the application thereof to any person or circumstance is held invalid, the invalidity does 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 8. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 19, 1968. MOTOR VEHICLESPERMITS FOR OVERLOAD AND OVERSIZE VEHICLES. No. 745 (House Bill No. 975). An Act to amend an Act relating to the granting of special permits to operate motor vehicles upon the public highways which are in excess of the limit provided by law for the weight of motor vehicles, approved February 12, 1951 (Ga. L. 1951, p. 90), so as to transfer certain duties vested in the Chairman of the State Highway Board to the Director of the State Highway Department; so as to grant authority to State Highway Department to issue special permits for vehicles exceeding maximum dimensions, length and height; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1. An Act relating to the granting of special permits to operate motor vehicles upon the public highways which are in excess of the limit provided by law for the weight of motor vehicles, approved February 12, 1951 (Ga. L. 1951, p. 90), is hereby amended by striking from section 1 the words Chairman and Board, and inserting in lieu thereof the words Director and Department, respectively, and by adding after the word weight the words dimensions, length and height or a combination thereof, so that, when so amended, said section shall read as follows: The Director of the State Highway Department of Georgia or the official of the State Highway Department of Georgia designated by the Director may, in his discretion upon application in writing and good cause being shown therefor, issue a special permit in writing authorizing the applicant to operate or move a motor vehicle or combination of vehicles, the weight, dimensions, length and height or a combination thereof, of which such vehicle or vehicles and load exceeds the maximum limits specified by law, upon the public highways of this State; provided that the load transported by such vehicle or vehicles is of such nature that it is a unit which cannot be readily dismantled or separated. Special permits. Section 2. Said Act is further amended by striking from section 3 the words Chairman and Board and inserting in lieu thereof the words Director and Department, respectively, so that when so amended, said section shall read as follows: The Director of the State Highway Department of Georgia or the official of the State Highway Department of Georgia designated by the Director is authorized to withhold such permit at his discretion, or, if such permit is issued, to limit the number of trips, or to establish seasonal or other time limitation within which the vehicles described may be operated on the highway indicated, or otherwise to limit or prescribe conditions of operation of such vehicle, or vehicles, when necessary to assure against undue damage to the road foundations, surfaces or bridge structures, and

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require such undertaking or other security as may be deemed necessary to compensate the State for any injury to any roadway or bridge structure. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 20, 1968. OCMULGEE JUDICIAL CIRCUITADDITIONAL JUDGE OF SUPERIOR COURT. No. 746 (House Bill No. 1422). An Act to provide for an additional judge of the Superior Court of the Ocmulgee Judicial Circuit; to provide for the initial appointment and subsequent election of such judge; to provide for his term of office; to provide for compensation; to provide for powers and duties; to provide for rules of procedure; to provide for the division and allocation of work and duties; to provide for a presiding judge of said circuit; to provide for an additional court reporter for said circuit; 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. Pursuant to the provisions of Article VI, Section III, Paragraph I of the Constitution of Georgia, and as provided hereinafter, a new judge of the superior courts is hereby added to the Ocmulgee Judicial Circuit, thereby increasing to two the number of judges of said circuit. Additional judge. Section 2. Such additional judge shall be initially appointed by the Governor to take office immediately upon the date this Act becomes law, for a term ending on December 31, 1968, and until his successor is elected and qualified. Thereafter, beginning with the general election to be held in 1968, the additional judge shall be elected for a term

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of four years, and until his successor is elected and qualified, and such election shall be held and conducted in the same manner as is now or as may hereafter be provided by law for the election of judges of the superior courts of the State of Georgia. Appointment, terms, etc. Section 3. Such additional judge shall have and may exercise all powers, duties, jurisdiction, privileges and immunities of a judge of the superior courts. Either of the two judges of the superior courts of said circuit may preside over any cause therein and perform any official act as judge thereof. The additional judge shall be compensated in the same manner as other judges of the superior courts are compensated, and he shall receive and be entitled to the same allowances as other judges of the superior courts receive. He shall also be entitled to and receive the same additional compensation as may be paid by any county in said circuit to the present judge of such circuit. Powers, etc. Section 4. The two judges of said circuit are hereby authorized to adopt, promulgate, amend and enforce such rules of practice and procedure as are consistent with the Constitution and laws of this State, as they deem suitable and proper for the effective transaction of the business of the superior courts of said circuit. Rules. Section 5. The two judges, in transacting the business of the superior courts of said circuit and in performing their duties and responsibilities, shall share, divide and allocate the work and duties to be performed by each of them. In the event of disagreement between said judges in respect to the aforesaid, the decision of the senior judge in point of continuous service as superior court judge shall be controlling. In the event that neither of said judges shall be senior in point of continuous service as superior court judge, the judge who was first admitted to the State Bar shall be considered the senior judge. Allocation of work, etc. Section 6. The judge who is senior in point of continuous service as superior court judge shall be the presiding judge of said circuit. In the event that neither of said judges shall

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be senior in point of continuous service as superior court judge, the judge who was first admitted to the State Bar shall be presiding judge. Presiding judge. Section 7. The two judges of the Ocmulgee Judicial Circuit shall be authorized and empowered to appoint an additional court reporter for such circuit, whose compensation shall be as now or hereafter provided by law. Court reporter. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 20, 1968. STATE HIGHWAY DEPARTMENTCOST OF RELOCATING CERTAIN UTILITY LINES, ETC. No. 747 (Senate Bill No. 363). An Act to amend an Act pertaining to the State Highway Department of Georgia paying or participating in the payment of the cost of relocating certain utility lines, approved April 5, 1961 (Ga. L. 1961, p. 453), so as to provide that the State Highway of Georgia may pay or participate in the payment of the cost of removing and relocating systems for producing, transmitting or distributing communications, power, electricity, light, heat, gas, steam, waste and storm water not connected with highway drainage, including fire and police signals and street lighting systems, owned by municipal corporations, counties, or other governmental subdivisions of the State of Georgia, or by authorities created under the Laws of the State of Georgia pertaining to public utilities, without regard to whether such facilities were originally installed upon right-of-way of a State-aid road or highway, a county road, or a city street, where such removal and relocation is made necessary by the construction or improvement of any road, street or highway by the State Highway Department of Georgia; to define cost of removing and relocating systems for producing, transmiting

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or distributing communications, power, electricity, light, heat, gas, steam, waste and storm water not connected with highway drainage, including fire and police signals and street lighting systems; to make costs incurred by the State Highway Department of Georgia under this Act a part of the construction cost of the project requiring removal and relocation of systems for producing, transmitting or distributing communications, power, electricity, light, heat, gas, steam, waste and storm water not connected with highway drainage, including fire and police signals and street lighting systems; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act pertaining to the State Highway Department of Georgia paying or participating in the payment of the cost of relocating certain utility lines, approved April 5, 1961 (Ga. L. 1961, p. 453), is hereby amended by striking section 1 of said Act in its entirety and inserting in lieu thereof a new section 1 which shall read as follows: The State Highway Department of Georgia is authorized to pay or participate in the payment of the cost of removing and relocating water distribution and sanitary sewer facilities; systems for producing, transmitting or distributing communications, power, electricity, light, heat, gas, steam, waste and storm water not connected with highway drainage, including fire and police signals and street lighting systems, owned by municipal corporations, counties, or other governmental subdivisions of the State of Georgia, or by authorities created under the Laws of the State of Georgia pertaining to public utilities, without regard to whether such facilities were originally installed upon right-of-way of a State-aid road or highway, a county road, or a city street, where such removal and relocation is made necessary by the construction or improvement of any road, street, or highway by the State Highway Department of Georgia. Authority. Section 2. Said Act is further amended by striking section 3 in its entirety and inserting in lieu thereof a new section 3 which shall read as follows:

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Section 3. The cost of removing and relocating the water distribution and sanitary sewer facilities; systems for producing, transmitting or distributing communications, power, electricity, light, heat, gas, steam, waste and storm water not connected with highway drainage, including fire and police signals and street lighting systems, which the State Highway Department of Georgia is authorized to pay or participate in by this Act shall be limited to the cost of removing and relocating those facilities physically in place and in conflict with proposed construction and, where replacement is necessary, to the cost of replacement in kind. There shall be excluded from cost eligible for payment or participation under this Act that portion of such cost representing improvements or betterments in the water disribution and sanitary sewer facilities; systems for producing, transmitting or distributing communications, power, electricity, light, heat, gas, steam, waste and storm water not connected with highway drainage, including fire and police signals and street lighting systems, or a component part thereof being relocated, reconstructed, or replaced, except to the extent that such improvement or betterment is made necessary by the highway construction or improvement. Limits, 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. All costs incurred by the State Highway Department of Georgia under this Act shall be deemed to be a part of the construction cost of the project requiring removal and relocation of water distributing and sanitary sewer facilities; systems for producing, transmitting or distributing communications, power, electricity, light, heat, gas, steam, waste and storm water not connected with highway drainage, including fire and police signals and street lighting systems. Costs, intent. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 20, 1968.

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CLAYTON JUDICIAL CIRCUITACT ADDING ADDITIONAL JUDGE AMENDED. No. 769 (House Bill No. 1181). An Act to amend an Act adding one additional judge to the superior court of the Clayton Judicial Circuit of Georgia, approved March 22, 1967 (Ga. L. 1967, p. 118), so as to clarify the provisions relating to terms of office; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act adding one additional judge to the superior court of the Clayton Judicial Circuit of Georgia, approved March 22, 1967 (Ga. L. 1967, p. 118), is hereby amended by striking from the second sentence of section 2 the following: January 1, 1968, and inserting in lieu thereof the following: January 1, 1969, so that section 2 when so amended shall read as follows: Section 2. The Governor shall appoint the additional judge who shall assume office July 1, 1967 and shall serve through December 31, 1968. The additional judge shall be elected at the general election in 1968 for a full term of four years beginning January 1, 1969, and until his successor is elected and qualified. All subsequent elections for such judge shall be thereafter as provided by law. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1968.

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GRIFFIN JUDICIAL CIRCUITCOMPENSATION OF COURT REPORTER. No. 776 (House Bill No. 1228). An Act to amend an Act providing a salary for the official court reporter of the Griffin Judicial Circuit, approved February 12, 1952 (Ga. L. 1952, p. 107), as amended by an Act approved March 25, 1958 (Ga. L. 1958, p. 368), so as to change the salary of said 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 Griffin Judicial Circuit, approved February 12, 1952 (Ga. L. 1952, p. 107), as amended by an Act approved March 25, 1958 (Ga. L. 1958, p. 368), is hereby amended by striking from section 2 the figure $400.00 and inserting in lieu thereof the figure $500.00, so that when so amended section 2 shall read as follows: Section 2. That from and after the passage of this Act, the official court reporter of the Griffin Judicial Circuit shall be paid a salary of $500.00 per month, in lieu of all compensation in criminal cases provided in Code section 24-3104. Each of the counties comprising said circuit shall pay monthly such part or portion of said salary as its population bears to the total population of all the counties of said circuit, according to the latest official Federal census; provided that the payment of said salary may be enforced by the judge of the circuit out of court fees, costs and funds, if the county is delinquent in the payment of same. The authorities of each of said counties are authorized to levy and collect a tax to defray its part of such salary, which shall be paid in addition to the compensation of the reporter in civil cases, provided in Code section 24-3103. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

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State of Georgia, County of Upson. Affidavit of Publisher. Personally appeared before me, the undersigned officer, authorized to administer oaths, Leon Smith, who, after being duly sworn deposes and says: That he is publisher of the Thomaston Times, said newspaper being the official organ of Upson County, and being the newspaper in which the sheriff's advertisements are printed and carried; and That the foregoing legislation to increase the salary of the court reporter of the Griffin Judicial Circuit, has been advertised in said Thomaston Times once a week for three weeks during a period of sixty (60) days next preceding the introduction of said Bill in the General Assembly of Georgia, as required by the Constitution and laws of said State; and That the following is a copy of said advertising in the form and manner in which the same was run as a legal advertisement as aforesaid; Notice of Intention to Introduce Local Legislation. Notice is hereby given that at the 1968 session of the General Assembly of Georgia there will be introduced legislation to amend an Act approved August 17, 1923, (Ga. L. 1923, P. 68, 69, 70, 71 and 72), entitled, An Act to create a new judicial circuit for the State of Georgia, to be called the Griffin Circuit, and to be composed of the counties of Spalding, Pike, Upson and Fayette; to provide officers therefor; to fix the terms of court in the several counties of said circuit; to provide when this Act shall take effect, and for other purposes, as amended by an Act approved February 12, 1952 (Ga. L. 1952, p. 107); and as amended by an Act approved March 25, 1958, (Ga. L. 1958, p. 368) for the purpose of increasing the salary of the court reporter of the Griffin Judicial Circuit. Said advertisement appeared on

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the 11th day of January, 1968, the 18th day of January, 1968, and the 25th day of January, 1968. /s/ Leon Smith Publisher of the Thomaston Times Georgia, Upson County. Personally sworn to and subscribed before me, this 26th day of January, 1968. /s/ Claudia K. Carswell Notary Public My Commission expires March 27, 1970. (Seal). State of Georgia, County of Spalding. Affidavit of Publisher. Personally appeared before me, the undersigned officer authorized to administer oaths, Quimby Melton, Sr., who, after being duly sworn deposes and says: That he is publisher of the Griffin Daily News, said newspaper being the official organ of Spalding County, and being the newspaper in which the sheriff's advertisements are printed and carried; and That the foregoing legislation to increase the salary of the court reporter of the Griffin Judicial Circuit has been advertised in said Griffin Daily News once a week for three weeks during a period of sixty (60) days next preceding the introduction of said Bill in the General Assembly of Georgia, as required by the Constitution and laws of said State; and That the following is a copy of said advertising in the form and manner in which the same was run as a legal advertisement as aforesaid:

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Notice of Intention to Introduce Local Legislation. Notice is hereby given that at the 1968 session of the General Assembly of Georgia there will be introduced legislation to amend an Act approved August 17, 1923, (Ga. L. 1923, p. 68, 69, 70, 71, and 72), entitled, An Act to create a new judicial circuit for the State of Georgia, to be called the Griffin Circuit, and to be composed of the counties of Spalding, Pike, Upson and Fayette; to provide officers therefor, to fix the terms of court in the several counties of said circuit; to provide when this Act shall take effect, and for other purposes, as amended by an Act approved February 12, 1952 (Ga. L. 1952, p. 107); and as amended by an Act approved March 25, 1958, (Ga. L. 1958, p. 368) for the purpose of increasing the salary of the court reporter of the Griffin Judicial Circuit. Said advertisement appeared on the 11th day of January, 1968, the 18th day of January, 1968, and the 25th day of January, 1968. /s/ Quimby Melton Publisher of the Griffin Daily News Georgia, Spalding County. Personally sworn to and subscribed before me, this 26th day of January, 1968. /s/ Joseph L. Woodle Notary Public (Seal). State of Georgia, County of Fayette. Affidavit of Publisher. Personally appeared before me, the undersigned officer authorized to administer oaths, James C. Booth, Jr., who, after being duly sworn deposes and says:

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That he is editor of the Fayette County News, said newspaper being the official organ of Fayette County, and being the newspaper in which the sheriff's advertisements are printed and carried; and That the foregoing legislation to increase the salary of the Court Reporter of the Griffin Judicial Circuit, has been advertised in said Fayette County News once a week for three weeks during a period of sixty (60) days next preceding the introduction of said Bill in the General Assembly of Georgia, as required by the Constitution and laws of said State; and That the following is a copy of said advertising in the form and manner in which the same was run as a legal advertisement as aforesaid: Notice of Intention to Introduce Local Legislation. Notice is hereby given that at the 1968 session of the General Assembly of Georgia there will be introduced legislation to amend an Act approved August 17, 1923, (Ga. L. 1923, p. 68, 69, 70, 71 and 72), entitled, An Act to create a new judicial circuit for the State of Georgia, to be called the Griffin Circuit, and to be composed of the counties of Spalding, Pike, Upson and Fayette; to provide officers therefor, to fix the terms of court in the several counties of said circuit; to provide when this Act shall take effect, and for other purposes, as amended by an Act approved February 12, 1952 (Ga. L. 1952, p. 107); and as amended by an Act approved March 25, 1958, (Ga. L. 1958, p. 368) for the purpose of increasing the salary of the Court Reporter of the Griffin Judicial Circuit. Said advertisement appeared on the 10th day of January, 1968, the 17th day of January, 1968, and the 24th day of January, 1968. /s/ James C. Booth, Jr. Publisher of the Fayette County News

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Georgia, Fayette County. Personally sworn to and subscribed before me, this 26th day of January, 1968. /s/ Helen S. Teague Notary Public (Seal). State of Georgia, County of Pike. Affidavit of Publisher. Personally appeared before me, the undersigned officer authorized to administer oaths, Mrs. A. W. Quattlebaum who, after being duly sworn deposes and says: That she is publisher of the Pike County Journal, said newspaper being the official organ of Pike County, and being the newspaper in which the sheriff's advertisements are printed and carried; and That the foregoing legislation to increase the salary of the court reporter of the Griffin Judicial Circuit, has been advertised in said Pike County Journal once a week for three weeks during a period of sixty (60) days next preceding the introduction of said Bill in the General Assembly of Georgia, as required by the Constitution and laws of said State; and That the following is a copy of said advertising in the form and manner in which the same run as a legal advertisement as aforesaid; Notice of Intention to Introduce Local Legislation. Notice is hereby given that at the 1968 session of the General Assembly of Georgia there will be introduced legislation to amend an Act approved August 17, 1923, (Ga. L. 1923, p. 68, 69, 70, 71 and 72), entitled, An Act to create a new judicial circuit for the State of Georgia, to be called

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the Griffin Circuit, and to be composed of the counties of Spalding, Pike, Upson and Fayette; to provide officers therefor, to fix the terms of court in the several counties of said circuit; to provide when this Act shall take effect, and for other purposes, as amended by an Act approved February 12, 1952 (Ga. L. 1952, p. 107); and as amended by an Act approved March 25, 1958, (Ga. L. 1958, p. 368) for the purpose of increasing the salary of the Court Reporter of the Griffin Judicial Circuit. Said advertisement appeared on the 11th day of January, 1968, the 18th day of January, 1968, and the 25th day of January, 1968. /s/ Mrs. A. W. Quattlebaum Publisher of the Pike County Journal Georgia, Pike County. Personally sworn to and subscribed before me, this 27th day of January, 1968. /s/ Richard T. Bridges Notary Public My Commission expires May 10, 1970. (Seal). Approved March 21, 1968. AUGUSTA JUDICIAL CIRCUITCOMPENSATION OF JUDGES. No. 803 (House Bill No. 1450). An Act to amend an Act providing that the salary of the judge of the superior court of the Augusta Judicial Circuit shall be supplemented by payments to be made from the county treasury of Burke County, approved February 21, 1951 (Ga. L. 1951, p. 670), so as to provide that said

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supplement shall be paid to each of the judges of the Augusta Judicial Circuit; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing that the salary of the judge of the Superior Court of the Augusta Judicial Circuit shall be supplemented by payments to be made from the county treasury of Burke County, approved February 21, 1951 (Ga. L. 1951, p. 670), is hereby amended by striking sections 1, 2, 3 and 4 in their entirety and substituting in lieu thereof new sections 1, 2, 3 and 4, to read as follows: Section 1. Be it enacted by the General Assembly of Georgia, by the authority of Article VI, Section XII, Paragraph I (Code Section 2-4701) of the Constitution of the State of Georgia, that the Board of Commissioners of Roads and Revenues of Burke County, Georgia, are hereby authorized to supplement the present salary of each of the judges of the superior court of the Augusta Judicial Circuit in the sum of $600.00 per year for each such judge, out of county funds, payable in equal monthly installments. Section 2. Said amount shall be in addition to the salary and allowances as may now or as may hereafter be provided by law for superior court judges paid from State funds. Section 3. The increased salary herein authorized shall be in addition to any other salary authorized to be paid by either Richmond or Columbia Counties or any other county in the Augusta Judicial Circuit, by any present or future Act of the General Assembly of Georgia. Section 4. Such supplemental salary as so fixed, shall be paid to the incumbent judges and charged as a court expense of Burke County, Georgia. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

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Notice of Intention to Introduce Local Legislation. Notice is hereby given of intention to introduce at the present 1968 session of the General Assembly of Georgia a bill to be entitled, An Act to amend an Act of the General Assembly of Georgia approved February 21, 1951 appearing on pages 670-671 inclusive of the Acts of the General Assembly of 1951, entitled. `An Act to provide that the salary of the judge of the superior court of the Augusta Judicial Circuit shall be supplemented by payments to be made from the county treasury of Burke County, Georgia; to fix the amount of such supplementary salary; to provide the method and manner in which the same is to be paid; and for other purposes.' So as to provide for additional salary supplements to be paid to each of the judges of superior court of the Augusta Judicial Circuit by the board of commissioners of roads and revenues for Burke County, Georgia, and for other purposes. This 15th day of January, 1968. Preston B. Lewis, Jr. Representative, 50th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Preston B. Lewis who, on oath, deposes and says that he is Representative from the 50th District, and that the attached copy of notice of intention to introduce local legislation was published in The True Citizen which is the official organ of Burke County, on the following dates: January 17, 24 and 31, 1968. /s/ Preston B. Lewis Representative, 50th District

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Sworn to and subscribed before me, this 13th day of February, 1968. /s/ Priscilla Sexton Notary Public, Georgia State at Large. My Commission expires Jan. 2, 1970. (Seal). Approved March 21, 1968. REVENUEFAIR MARKET VALUE, LEVY OF TAXES. Code 92-5702, 92-5703 Amended. No. 819 (House Bill No. 910). An Act to amend Code section 92-5702, relating to the meaning of fair market value, so as to redefine the meaning of fair market value; to amend Code section 92-5703, relating to the levy of ad valorem taxes, so as to provide that all tangible property subject to taxation by the State, any county, shall be returned by the tax-payers as provided by law at its fair market value, and shall be assessed at forty per cent (40%) of its fair market value and taxed accordingly to forty percent (40%) of its fair market value, on a levy to be made by each respective taxing jurisdiction; to provide a declaration of Legislative intent; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 92-5702, relating to the meaning of fair market value, which reads as follows: 92-5702. `Fair Market Value', meaning of .The intent and purpose of the tax laws of the State are to have all property and subjects of taxation assessed at the value which would be realized therefrom by cash sale, as such property and subjects are usually sold, but not by forced

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sale thereof, and the words `fair market value', when used in the tax laws, shall be held and deemed to mean what the property and subjects would bring at cash sale when sold in the manner in which such property and subjects are usually sold., Repealed. is hereby amended by striking said Code section 92-5702 in its entirety and substituting in lieu thereof a new Code section 92-5702, to read as follows: 92-5702. `Fair market value', meaning of .The intent and purpose of the tax laws of this State are to have all property and subjects of taxation returned at the value which would be realized therefrom by cash sale, as such property and subjects are usually sold, but not by forced sale thereof, and the words `fair market value', when used in the tax laws, shall be held and deemed to mean what the property and subjects would bring at cash sale when sold in the manner in which such property and subjects are usually sold. Section 2. Code section 92-5703, relating to the levy of ad valorem taxes, which reads as follows: 92-5703. Tax to be levied by whom .All property or other things of value subject to taxation shall be returned by the taxpayers as provided by law at its fair market value, and shall be taxed according to its value on a levy to be made by the Governor, with the assistance of the State Revenue Commissioner., Repealed. is hereby amended by striking said Code section 92-5703 in its entirety and substituting in lieu thereof a new Code section 92-5703, to read as follows: 92-5703. Tax to be levied by whom .All tangible property subject to taxation by the State, any County, or any other taxing jurisdiction, except any municipality, shall be returned by the taxpayers as provided by law at its fair market value, and shall be assessed at forty per cent (40%) of said fair market value and taxed according to said forty percent (40%) of its fair market value on a levy made by

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each respective taxing jurisdiction. The levy for State taxation shall be made by the Governor with the assistance of the State Revenue Commissioner. It is the intent and purpose of the General Assembly of this State that the value of tangible property as referred to in the tax laws of this State shall be forty per cent (40%) of the fair market value of such property. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1968. REVENUETAX ON MOTOR CARRIERS FOR USE OF HIGHWAYS. No. 820 (House Bill No. 1478). An Act to impose upon motor carriers a tax for the privilege of using the streets and highways of this State; to define for purposes of this Act Commissioner, Motor Carrier, Motor Vehicle, Motor Fuel, and Operations; to provide that the tax shall be equivalent to the then current motor fuel tax per gallon calculated on the amount of motor fuel used by such motor carrier in its operations on the streets and highways of this State; to provide for the payment of the tax; to provide for the calculation of the amount of motor fuel used in this State; to provide a credit equivalent to the then current motor fuel tax per gallon on all motor fuel purchased by such carrier upon which motor fuel the tax imposed by the motor fuel tax law has been paid; to provide for refunds to motor carriers accruing excess credits who post bond; to provide for tax reports of motor carriers; to provide that the lessee and not the lessor of a motor vehicle shall except in certain circumstances be deemed to be the motor carrier operating such leased vehicle; to provide for a joint report where two or more motor carriers have joint operations; to provide for

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registration cards, vehicle identification markers, and fees for the same; to provide for the keeping of records; to provide that the Revenue Commissioner may in certain instances estimate the tax due; to provide for the assessment and collection of delinquent taxes; to provide penalties for failure to comply with the Act; to provide that it shall be a misdemeanor to make a false statement for the purpose of obtaining or attempting to obtain a credit or refund under this Act; to provide the Secretary of State may receive service of process for nonresident motor carriers; to provide the Department of Public Safety shall aid in the enforcement of this Act; to provide that all taxes collected be paid into the State Treasury; to provide a statute of limitations; to provide a lien; to provide for the enforcement of the taxes imposed; to provide 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. Definitions .The following words, terms and phrases as used in this Act are, for the purposes thereof, hereby defined as follows: (a) Commissioner means the State Revenue Commissioner. (b) Motor Carrier means every (any) person, firm or corporation who operates or causes to be operated any motor vehicle as herein defined on any highway in this State. (c) Motor Vehicle means any passenger vehicle that has seats for more than nine passengers in addition to the driver, or any road tractor, or any truck tractor, or any truck having more than two axles which motor vehicle is propelled by motor fuel. Motor Vehicle shall not include any two axle vehicle not exceeding one and one-half (1) tons designed for use as a single unit which is occasionally used to tow a trailer not for hire, or to school busses, or to vehicles operated by this State or any subdivision thereof, or to the United States of America, or to transit busses operated exclusively within this State.

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(d) Motor Fuel means any liquid regardless of its composition or properties used to propel a motor vehicle. (e) Operations means operations of all defined vehicles, except as otherwise excluded, whether loaded or empty, whether for compensation or not for compensation, and whether owned by or leased to the motor carrier who operates them or causes them to be operated. Section 2. Levy of the tax .A road tax for the privilege of using the streets and highways of this State is hereby imposed upon every motor carrier, which tax shall be equivalent to the then current price per gallon imposed by the Motor Fuel Tax Law of this State and this tax shall be calculated on the amount of motor fuel used by such motor carrier in its operations within this State. Except as credit for certain taxes as hereinafter provided for in this Act, taxes imposed on motor carriers by this Act are in addition to taxes imposed on such carriers by any other provisions of law. Section 3. Payment of tax and calculation of amount of fuel used in State .For the purposes of making payment of taxes pursuant to this Act and making reports pursuant to this Act, the year is divided into four quarters of three consecutive months each, and the first quarter shall consist of the months of January, February and March. The tax herein imposed shall be paid by each motor carrier to the Commissioner on or before the last day of the month immediately following the quarter with respect to which tax liability hereunder accrues and shall be calculated upon the amount of motor fuel used in its operations within this State by each such carrier during the quarter ending with the last day of the preceding month. The amount of motor fuel used in the operations of any motor carrier within this State shall be such proportion of the total amount of such motor fuel used in its entire operations within and without this State as the total number of miles traveled within this State bears to the total number of miles traveled within and without this State. Section 4. Credit for payment of motor fuel tax .Every motor carrier subject to the tax hereby imposed shall be

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entitled to a credit on such tax equivalent to the amount of motor fuel tax imposed by the Georgia Motor Fuel Tax Law on all motor fuel purchased by such carrier during the quarter within this State for use in operations either within or without this State and upon which motor fuel the tax imposed by the laws of this State has been paid by such carrier. Evidence of the payments of such tax in such form as may be required by, or is satisfactory to, the Commissioner shall be furnished by each such carrier claiming the credit herein allowed. When the amount of the credit herein provided to which any motor carrier is entitled for any quarter exceeds the amount of the tax for which such carrier is liable for the same quarter, such excess may under regulations of the Commissioner be allowed as a credit on the tax for which such carrier would be otherwise liable for subsequent quarter or quarters. Such credits may be carried forward and utilized no later than the succeeding two (2) calendar years. Section 5. Refunds to Motor Carriers .1. Any motor carrier who shall accrue credits in excess of two thousand (2,000) gallons in any quarter under section 4 of this Act shall be entitled to a refund of such credits subject to the conditions set forth in this section. 2. All applications for refunds must be filed with the Commissioner within one hundred eighty (180) days from the end of any quarter in which credits are accumulated. Such applications shall be in such form as shall be prescribed by the Commissioner, shall be sworn to and supported by such evidence as may be satisfactory to the Commissioner. The Commissioner shall promulgate such rules and regulations as deemed necessary for administration of such refunds. 3. Any motor carrier entitled to a refund may give a bond in an amount not less than One Thousand Dollars ($1,000) payable to the State and conditioned that the motor carrier will pay all taxes due and to become due under this Act. So long as the bond remains in force the Commissioner may order refunds to the motor carrier in the amounts appearing to be due on applications without

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first auditing the records of the carrier. Such bond shall be in such form and with such surety or sureties as may be required by the Commissioner. 4. The Commissioner shall not issue refunds in excess of the amount of the bond or bonds except after audit of the applicant's records. Except as otherwise provided by the Commissioner sufficient records must be produced in this State for Audit. 5. Such refunds authorized under this section shall when certified by the State Revenue Commissioner be paid by the Treasurer of the State on warrants drawn by the Governor from funds appropriated by law for the refund of taxes. These refunds shall be unassignable. Section 6. Reports of Carriers .Every motor carrier subject to the tax imposed by this Act shall on or before the last day of April, July, October and January make to the Commissioner such reports of its operations during the quarter of the year ending the last day of the preceding month as the Commissioner may require. The Commissioner by regulations may exempt from the reporting requirements of this section motor carriers all of whose operations are within this State. Section 7. Leased Motor Vehicles .(a) A lessee and not the lessor thereof shall be deemed the motor carrier except as hereinafter provided. (b) A lessor of motor vehicles may be deemed a motor carrier with respect to such motor vehicles leased to others by him and motor fuel consumed thereby, if the lessor supplies or pays for the motor fuel consumed by such vehicles, or makes rental or other charges calculated to include the cost of such fuel. The Commissioner shall provide by rules and regulations for the presentation to other motor carriers and the general public of satisfactory evidence and identification of such motor carrier status. Any lessee motor carrier may exclude motor vehicles of which he is the lessee from his reports pursuant to this Act, but only if the motor vehicles in question have been leased from a lessor who is a motor carrier pursuant to this section.

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(c) The provisions of subparagraphs (a) and (b) of this section shall govern the primary liability pursuant to this Act of lessors and lessees of motor vehicles. If a lessor or lessee primarily liable fails, in whole or in part, to discharge this liability, such failing party or other lessor or lessee party to the transaction shall be jointly and severally responsible and liable for the compliance with the provisions of this Act and for the payment of any tax due pursuant thereto; provided, that the aggregate of any taxes collected by this State shall not exceed the total amount or amounts of taxes due on the account of such transactions in question and such costs and penalties, if any, as may be imposed. Section 8. Joint Reports by Motor Carriers .(a) Two or more motor carriers regularly engaged in the transportation of passengers on through buses, on through tickets in pool service, may, at their option and with the consent of the Commissioner, make joint reports of their entire operations in this State. The taxes imposed by this Act shall be calculated on the basis of such joint reports as though such motor carriers were a single motor carrier; and the motor carriers making such reports shall be jointly and severally liable for the taxes. (b) Such joint reports shall show the total number of miles traveled in this State and the total number of gallons of motor fuel purchased in this State by the reporting motor carriers. Credits or refunds, to which the motor carriers are entitled, shall not be allowed as credits or refunds to any other motor carrier; but motor carriers filing joint reports, shall permit all motor carriers engaged in this State, in pool operations with them to join in filing joint reports. Section 9. Registration card, vehicle identifications and fees .(a) No motor carrier shall operate or cause to be operated in this State any vehicle listed or described in Section 1, of this Act unless otherwise excluded from the scope of this Act, unless and until he has: (1) Registered with the Commissioner and secured a registration card. Such registration card shall be of such form

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and design as the Commissioner may prescribe and shall be carried in the vehicle for which it was issued at all times when the vehicle is in this State. (2) Secured from the Commissioner an identification marker for such vehicle. Such identification marker shall be of such form and design as the Commissioner may prescribe and shall be attached or affixed to the vehicle in the place and manner prescribed by the Commissioner so that the same is clearly displayed at all times. (b) The registration cards and identification markers herein provided for shall be issued on an annual basis as of January 1st each year and shall be valid through the next succeeding December 31st. However, the Commissioner, in his discretion, may authorize renewal of registration cards and identification markers without the necessity of issuing new cards and markers. All identification markers issued by the Commissioner shall remain the property of the State. (c) There shall be paid to the Commissioner a fee of One Dollar ($1.00) for the cost of issuing each registration card and no registration card shall be issued unless the applicant pays such fee upon making application for the registration card. Such fees shall be paid into the State Treasury. (d) In an emergency, the Commissioner, by telegram or letter, may authorize a vehicle to be operated without a registration card and identification marker for a period not in excess of thirty (30) days. Section 10. Keeping and Preservation of Records: Estimate of Amount of Tax Due .(a) Every motor carrier shall keep such records as may be necessary for the effective administration of this Act and for the reporting and justification of the amount of tax liability thereto. Such records shall be kept in such form as the Commissioner may deem necessary. All such records shall be safely preserved for a period of three years in such a manner as to insure their security and availability for inspection by the

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Commissioner or his authorized agents. Upon application in writing the Commissioner may consent to destruction of such records, at an earlier time, provided an audit of the motor carrier's records has been made. (b) The Commissioner and his authorized agents and representatives shall have the right during regular business hours to inspect the books and records of any motor carrier subject to the tax imposed by this Act. (c) Whenever any motor carrier shall neglect or refuse to make and file any report or neglect or refuse to keep records as prescribed by this Act, the Commissioner shall on the best information available estimate and determine and fix the amount of taxes and penalties payable by the motor carrier under this Act. In any action or proceeding under this section, any assessment by the Commissioner shall constitute prima facie evidence of the claim of the State, and the burden of proof shall be upon the motor carrier to show that the assessment was incorrect and contrary to law. (d) The Commissioner may enter into agreements with the appropriate authorities of other jurisdictions having statutes similar to this Act for the cooperative audit of motor carriers' reports and returns. In performing any such audit or part thereof, the officers and employees of the other jurisdiction or jurisdictions shall be deemed authorized agents of this State for such purpose. Section 11. Assessment and Collection of Deficiencies .When any motor carrier is in default in the payment of any taxes due under this Act, the Commissioner shall assess the taxes due as provided by an Act approved January 3, 1938 dealing with the administration of taxing laws, and found in Georgia Laws 1937-38 Ex. Sess. at page 77: Provided, however, that any assessment for taxes due under this Act shall be made within the time limits provided as follows: (a) Where the taxpayer has filed a proper and timely report under this Act, any additional assessment shall be

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made by the Commissioner within three years from the last date upon which the report could be timely filed by the motor carrier. (b) Where the motor carrier has filed a report under this Act which contains fraudulent statements or omissions of material facts, the effect of which makes the taxpayer's report a fraudulent representation, the Commissioner may reopen the tax period and make any additional assessment of taxes due at any time within seven years from the time the report could have been filed by the taxpayer under the law without delinquency. (c) Where the motor carrier has filed no return, the taxes may be assessed at any time. The Commissioner shall proceed to collect any deficiencies and taxes due under this law by levy, garnishment, attachment or suit or any other provisions provided by law for collection of delinquent state tax. Section 12. Penalties .(a) Whenever any motor carrier operates a vehicle in violation of the registration provisions of this Act, such motor carrier shall be subject to a penalty of twenty-five dollars ($25) for each vehicle in violation. (b) Whenever any motor carrier required to file a report as provided by this Act fails to file such reports within the time prescribed, he shall be subject to a penalty of twenty-five dollars ($25) for each such failure to file. (c) Whenever any motor carrier fails to pay the taxes or any part thereof due pursuant to this Act, such motor carrier shall be subject to a penalty of ten dollars ($10) or ten per cent (10%) of the amount of the unpaid tax due, whichever is greater, and interest on the unpaid tax at the rate of one per cent (1%) per month from the time said tax became due until paid. (d) Any penalties and interest pursuant to this section shall be assessed and collected by the Commissioner in the same manner as is provided in this Act and as is otherwise

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provided by law. In addition to imposing such penalties and interest, the Commissioner may suspend or revoke any certificate, permit or other evidence of right issued by the Commissioner which the motor carrier so found in default holds. Section 13. Secretary of State as Process Agent of Non-resident Motor Carriers .The acceptance by a non-resident motor carrier of the rights and privileges conferred by the laws now or hereafter in force in this State permitting the operation of motor vehicles, as evidenced by the operation of a motor vehicle by such nonresident either personally or through an agent or employee, on the public highways of this State, or the operation by such nonresident, either personally or through an agent or employee of a motor vehicle on the public highways of this State other than as so permitted or regulated, shall be deemed equivalent to the appointment by such nonresident motor carrier of the Secretary of State, or his successor in office, to be his true and lawful attorney and the attorney of his executor or administrator, upon whom may be served all summonses or other lawful process or notice in any action, assessment proceedings or other proceeding against him or his executor or administrator, arising out of or by reason of any provisions of this Act relating to such vehicle or relating to the liability for tax with respect to operation of such vehicle on the highways of this State. Said acceptance or operation shall be a signification by such nonresident motor carrier of his agreement that any such process against or notice to him or his executor or administrator shall be of the same legal force and validity as if served on him personally, or on his executor or administrator. Section 14. Department of Public Safety to Aid in Enforcement .The Director of the Department of Public Safety is hereby authorized and directed to utilize the personnel of the Department of Public Safety as is necessary to assist in enforcing the provisions of this Act. The officers of the Department of Public Safety shall have the powers of peace officers, including the power of making arrests, serving process, and appearing in court, in all matters

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and things relating to this Act and the administration and enforcement thereof. Section 15. Lien for Unpaid Taxes .Any taxes due under this Act which are unpaid shall be a lien upon all of the property of the motor carrier with the same dignity and priority as is otherwise provided by law for State tax liens. The lien shall attach at the time the taxes are due and may be enforced using all provisions of law applicable to liens for State taxes. Section 16. Taxes to be Paid Into State Treasury .All taxes collected pursuant to the provisions of this Act shall be paid into the State treasury. Section 17. Motor Carrier Fuel Tax; Penalty for False Statements .Any person who wilfully and knowingly makes a false statement orally, or in writing, or in the form of a receipt for the sale of motor fuel, for the purpose of obtaining or attempting to obtain or to assist any other person, partnership or corporation to obtain or attempt to obtain a credit or refund or reduction of liability for taxes under Chapter 92-14A, which relates to motor carrier fuel taxes, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as provided by law. Section 18. Motor Carrier Fuel Tax; Other Violations of Chapter 92-14A .Any person who operates or causes to be operated on any highway in this State any motor vehicle that does not carry the registration card that Chapter 92-14A requires it to carry, or any motor vehicle that does not display in such manner as is prescribed by the Commissioner the identification marker that such Chapter requires to be displayed, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not less than $50 nor more than $200. Each day's operation in violation of any provision of this section shall constitute a separate offense. Section 19 . In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or

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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 20. Effective Date .The provisions of this Act shall be effective when this Act is signed by the Governor or otherwise becomes law. Section 21. Repealer .The provisions of an Act approved June 22, 1955 and found in Georgia Laws 1955 Extra. Session at page 9 covering essentially the same subject matter as is covered by this Act shall remain in force and effect as to all tax periods accruing prior to the effective date of this Act; provided, however, that all credits accumulating under said Act approved June 22, 1955 and found in Georgia Laws 1955, Ex. Sess. at page 9, shall be utilized no later than two (2) calendar years from the effective date of this Act. As to all tax periods accruing after the effective date of this Act, this Act shall control. Otherwise, all laws and parts of laws in conflict herewith are repealed. Approved March 21, 1968. GRAND JURIESSELECTION IN CERTAIN COUNTIES (45,300-46,000). Code 59-106 Amended. No. 841 (House Bill No. 1276). An Act to amend Code Section 59-106, relating to the selection of grand and traverse jurors, as amended by an Act

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approved December 21, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 284), an Act approved February 23, 1955 (Ga. L. 1955, p. 247), and an Act approved March 30, 1967 (Ga. L. 1967, p. 251), so as to provide the jury commissioners, in counties having a population of more than 45,300 and less than 46,000 according to the United States decennial census of 1960 or any future United States decennial census, shall select not less than one-third and not more than two-fifths of the whole number of the jury list, to serve as grand jurors; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 59-106, relating to the selection of grand and traverse jurors, as amended by an Act approved December 21, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 284), an Act approved February 23, 1955 (Ga. L. 1955, p. 247), and an Act approved March 30, 1967 (Ga. L. 1967, p. 251), is hereby amended by adding at the end of said Code section a new paragraph to read as follows: In all counties having a population of more than 45,300 and less than 46,000 according to the United States decennial census of 1960 or any future United States decennial census, the jury commissioners shall select from the jury lists, after selecting the citizens to serve as jurors, not less than one-third and not more than two-fifths of the whole number of such lists, to serve as grand jurors. so that when so amended Code section 59-106 shall read as follows: 59-106 . Immediately upon the passage of this Act and thereafter at least biennially, or, if the judge of the superior court shall direct, at least annually, on the first Monday in August, or within sixty (60) days thereafter, the board of jury commissioners shall compile and maintain and revise a jury list of upright and intelligent citizens of the county to serve as jurors. In composing such list they shall select a fairly representative cross-section of the upright and intelligent citizens of the county from the official registered voters' list which was used in the last preceding

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general election. If any time it appears to the jury commissioners that the jury list, so composed, is not a fairly representative cross-section of the upright and intelligent citizens of the county, they shall supplement such list by going out into the county and personally acquainting themselves with other citizens of the county, including upright and intelligent citizens of any significantly identifiable group in the county which may not be fairly represented thereon. After selecting the citizens to serve as jurors, the jury commissioners shall select from the jury list a sufficient number, not exceeding two-fifths of the whole number, to serve as grand jurors. The entire number first selected, including those afterwards selected as grand jurors, shall constitute the body of traverse jurors for the county, to be drawn for service as provided by law, except when a name which has already been drawn for the same term as a grand juror shall also be drawn as a traverse juror, such name shall be returned to the box and another drawn in its stead. In all counties having a population of more than 45,300 and less than 46,000 according to the United States decennial census of 1960 or any future United States decennial census, the jury commissioners shall select from the jury lists, after selecting the citizens to serve as jurors, not less than one-third and not more than two-fifths of the whole number of such lists, to serve as grand jurors. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Public Notice. Notice is hereby given that we shall introduce a bill in the 1968 session of the General Assembly to amend Code section 59-106, relating to the selection of grand and traverse jurors, as amended by an Act approved December 21, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 284), an Act approved February 23, 1955 (Ga. L. 1955, p. 247), and an Act

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approved March 30, 1967 (Ga. L. 1967, p. 251), so as to provide the jury commissioners, in counties having a population of more than 45,300 and less than 46,000 according to the United States decennial census of 1960 or any future United States decennial census, shall select not less than one-third and not more than two-fifths of the whole number of the jury list, to serve as grand jurors; to repeal conflicting laws; and for other purposes. Leon Farmer, Jr. Representative District 29, Post 1 Chappell Matthews Representative District 29, Post 2 Paul C. Broun Senator District 46 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Leon Farmer, Jr. who, on oath, deposes and says that he is Representative from the 29th District, and that the attached copy of notice of intention to introduce local legislation was published in the Athens Daily News which is the official organ of Clarke County, on the following dates: January 5, 12, 19, 1968. /s/ Leon Farmer, Jr. Representative, 29th District Sworn to and subscribed before me, this 5th day of February, 1968. /s/ Pamela A. McIntyre, Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved March 21, 1968.

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SUPERIOR COURT OF WAYNE COUNTYGRAND JURIES. No. 889 (House Bill No. 1400). An Act to amend an Act providing additional terms for the Superior Court of Wayne County, approved March 2, 1966 (Ga. L. 1966, p. 118), so as to provide that a judge of said superior court in his discretion may empanel a grand jury for either the January or June term or both; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing additional terms for the Superior Court of Wayne County, approved March 2, 1966 (Ga. L. 1966, p. 118), is hereby amended by striking from section 1 the following: There shall be no grand jury empanelled for the two additional terms. and inserting in lieu thereof the following: A grand jury shall not automatically be empanelled for the January or the June terms but a judge of the Superior Court of Wayne County in his discretion may empanel a grand jury for either or both of said terms., so that when so amended section 1 shall read as follows: 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. A grand jury shall not automatically be empanelled for the January or the June terms but a judge of the Superior Court of Wayne County in his discretion may empanel a grand jury for either or both of said terms. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1968.

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STONE MOUNTAIN JUDICIAL CIRCUITTERMS OF COURT. No. 898 (House Bill No. 1463). An Act to provide for a change in the holding of the terms of the superior courts of the Stone Mountain Judicial Circuit of this State; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That the time of holding the superior court of the various counties in the Stone Mountain Judicial Circuit shall be as follows: (a) For the County of Newton, the terms of court shall begin on the first Monday in January, April, July, and October; (b) For the County of Rockdale, the terms of court shall begin on the first Monday of February, May, August, and November; (c) For the County of DeKalb, the terms of court shall begin on the first Monday in March, June, September, and December. Section 2. The judges of the Superior Court of the Stone Mountain Judicial Circuit shall draw a grand jury for each term of court as above provided, if the business of the court should so require. Section 3. Said Act shall become effective on July 1, 1968. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1968.

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CONASAUGA JUDICIAL CIRCUITJUDGE'S SALARY. No. 904 (House Bill No. 1519). An Act to amend an Act creating the Conasauga Judicial Circuit, approved March 22, 1963 (Ga. L. 1963, p. 182), as amended by an Act approved March 31, 1965 (Ga. L. 1965, p. 454), so as to change the salary of the judge of the Conasauga Judicial Circuit; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Conasauga Judicial Circuit, approved March 22, 1963 (Ga. L. 1963, p. 182), as amended by an Act approved March 31, 1965 (Ga. L. 1965, p. 454) is hereby amended by striking from section 5 the following: two thousand dollars ($2,000.00) per annum and inserting in lieu thereof the following: seven thousand dollars ($7,000.00) per annum, so that when so amended Section 5 shall read as follows: Section 5. The offices of judge and solicitor-general of the Superior Courts of the Conasauga Judicial Circuit are hereby created. In addition to the compensation and allowances paid to judges of the superior courts by the State, the judge of the Conasauga Judicial Circuit shall be paid a salary of seven thousand dollars ($7,000.00) per annum, payable monthly. The solicitor-general of said circuit shall be paid on a salary basis in lieu of a fee basis and in addition to the compensation and allowances paid to solicitors-general by the State, the solicitor-general of the Conasauga Judicial Circuit shall receive the sum of eight thousand dollars ($8,000.00) per annum, payable monthly. Both the above mentioned salaries shall be paid out of the funds of the Counties of Whitfield and Murray and shall be apportioned among those two counties on a per capita basis according to the 1960 United States Census or any such future census.

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1968. EXECUTIVE CENTER OFFICIAL RESIDENCE OF GOVERNOR. No. 128 (House Resolution No. 600-1247). A Resolution. To ratify, approve and confirm the Executive Order of the Governor dated December 2, 1967, designating the new official residence of the Governor of the State of Georgia located at 391 W. Paces Ferry Road, N. W., Atlanta, Fulton County, Georgia, as the Executive Center and designating the Executive Center located at 391 W. Paces Ferry Road, N. W., Atlanta, Fulton County, Georgia, as the official residence of the Governor; to repeal conflicting laws; and for other purposes. Whereas, on the 2nd day of December, 1967, the Governor of Georgia executed the following Executive Order. Executive Department The State of Georgia Executive Order By the Governor: Whereas: A new official residence of the Governor of the State of Georgia has been constructed at 391 W. Paces Ferry Road, N. W., Atlanta, Fulton County, Georgia; and Whereas: On December 2, 1967, Lester Maddox, Governor of the State of Georgia; moved from the official residence of the Governor of the State of Georgia commonly known as the Governor's Mansion located at 205

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The Prado, N. E., Atlanta, Fulton County, Georgia, to the new official residence of the Governor located at 391 W. Paces Ferry Road, N. W., Atlanta, Fulton County, Georgia. Now therefore by the authority vested in me as the Governor of the State of Georgia, it is hereby ordered: That the official residence of the Governor of the State of Georgia located at 391 W. Paces Ferry Road, N. W., Atlanta, Fulton County, Georgia, be and the same is hereby designated as the `Executive Center'. It is further Ordered: That the Executive Center located at 391 W. Paces Ferry Road, N. W., Atlanta, Fulton County, Georgia, be and the same is hereby designated as the official residence of the Governor of the State of Georgia until further ordered, effective at 12:00 o'clock Noon, December 2, 1967. In Testimony Whereof, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 2nd day of December, in the year of our Lord One Thousand Nine Hundred and Sixty-seven, and of the Independence of the United States of America the One Hundred and Ninety-Second. /s/ Lester Maddox Governor Attest: /s/ Thomas T. Irvin Executive Secretary (Seal of Executive Department impressed) Now, therefore, be it resolved by the General Assembly of Georgia that the Executive Order executed by Honorable Lester Maddox, Governor of the State of Georgia on the 2nd day of December, 1967, as quoted in this resolution, be and the same is hereby ratified, approved and confirmed.

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Be it further resolved that the official residence of the Governor of the State of Georgia located at 391 W. Paces Ferry Road, N. W., Atlanta, Fulton County, Georgia, be and the same is hereby designated as the Executive Center. Be it further resolved that the Executive Center located at 391 W. Paces Ferry Road, N. W., Atlanta, Fulton County, Georgia, be and the same is hereby designated as the official residence of the Governor of the State of Georgia until and unless otherwise provided by law. Be it further resolved that all laws and parts of laws in conflict with this resolution are hereby repealed. Approved March 21, 1968. REVENUECOLLECTION OF AD VALOREM TAXES ON MOTOR VEHICLES. No. 918 (House Bill No. 259). An Act to amend an Act relating to the separate classification of motor vehicles for ad valorem tax purposes and requiring the payment of such taxes at the time the owner makes application for registration of a motor vehicle, approved March 16, 1966 (Ga. L. 1966, p. 517), so as to provide that the county commissioners shall have the authority to expend county funds to hire such additional help and to purchase such additional equipment as is in their discretion necessary to implement the provisions of said Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act relating to the separate classification of motor vehicles for ad valorem tax purposes and requiring the payment of such taxes at the time the owner makes application for registration of a motor vehicle, approved

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March 16, 1966 (Ga. L. 1966, p. 517), is hereby amended by adding thereto a new section to be designated section 17A and to follow section 17, and to read as follows: 17A. The county commissioners of each individual county shall have the authority to expend county funds to hire any such additional help and to purchase any such additional equipment as is in their discretion necessary to implement the provisions of this Act. Expenses. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 26, 1968. CLERKS OF SUPERIOR COURTS RETIREMENT SYSTEM ACT AMENDED. No. 919 (House Bill No. 509). 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, so as to provide that the benefits and funds shall be exempt from attachment, garnishment, taxation, levy, and sale and any other process; to provide that such benefits and funds shall not be assignable; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing retirement benefits for the clerks of the superior courts of Georgia, approved February 15, 1952 (Ga. L. 1952, p. 238), as amended, is hereby amended by striking section 13 in its entirety and inserting in lieu thereof a new section 13 to read as follows: Section 13. The right to any pension, allowance or benefit, the right to the return of contributions, to pension, allowance or benefit itself, any optional benefit or any

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other right accrued or accruing to any person under the provisions of this law; and the monies in various Acts created by this law; are hereby declared to be exempt and shall be exempt from any state, county, municipal or other political subdivision tax, and shall be exempt from levy and sale, garnishment, attachment, or any other process whatsoever, and said funds and benefits shall not be assignable. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 26, 1968. PARENTAL CONSENT FOR UNDERAGE MARRIAGES. Code 53-204 Amended. No. 920 (House Bill No. 894). An Act to amend Code section 53-204, relating to the application and issuance of marriage licenses, as amended, particularly by an Act approved March 29, 1965 (Ga. L. 1965, p. 335), and an Act approved March 15, 1967 (Ga. L. 1967, p. 31), so as to provide alternative methods for obtaining parental consent when the parents or guardians of underage applicants reside in a jurisdiction other than the jurisdiction where the marriage license is to be issued; 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 53-204, relating to the application and issuance of marriage licenses, as amended, particularly by an Act approved March 29, 1965 (Ga. L. 1965, p. 335), and an Act approved March 15, 1967 (Ga. L. 1967, p. 31), is hereby amended by striking Code section 53-204 in its entirety and substituting in lieu thereof a new Code section 53-204, to read as follows:

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53-204. Notice of application; contents. A . In cases where the parties applying for a license have not yet reached their nineteenth birthday, their ages to be proved to the ordinary as hereinafter provided, the parents or guardians of each underage applicant must appear in person before the ordinary and consent to the proposed marriage, unless physical presence because of illness or infirmity is impossible, in which case an affidavit by said incapacitated parent or guardian shall suffice. In addition to said affidavit, there must also be included an affidavit signed by a licensed attending physician stating that said parent or guardian is physically incapable of being present. All applicants who have passed their nineteenth birthday, but have not yet attained the age of twenty-one years, may be married without the consent of the parent or guardian, but in no case shall the three-day waiting period be waved. All applicants who have reached their twenty-first birthday, such proof being shown to the ordinary, as hereinafter mentioned, may be married immediately and waive the three-day mandatory waiting period. The licensed attending physician shall include only those physicians licensed under Code Chapters 84-9 and 84-12 or corresponding requirements pertaining to licensed attending physicians in sister states. B. Alternative methods for obtaining parental consent.(1) When the parents or guardians of any underage applicants requiring parental consent reside within the State but in a county other than the county where the marriage license is to be issued, it shall not be necessary for such parents or guardians to appear in person before the ordinary of the latter county and consent to the proposed marriage, if such parents or guardians appear in person and consent to such proposed marriage before the ordinary of the county in which they reside. (2) Where the parents or guardians of any underage applicants requiring parental consent reside without the State, it shall not be necessary for such parents or guardians to appear in person before the ordinary and consent to the proposed marriage, if such parents or guardians appear in person before the judicial authority of their

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county who is authorized to issue marriage licenses and consent to such proposed marriage before such judicial authority. If such parents or guardians are physically incapable of being present because of illness or infirmity then such illness or infirmity may be attested to by an attending physician licensed in such state, as is provided for in this Section. (3) Where the alternate provisions for parental consent are utilized under (1) or (2) above, such parents or guardians shall obtain from the ordinary or the proper judicial officer before whom they have appeared, a certificate from said ordinary or judicial officer with the seal and title of such official appearing thereon, such certificate containing information to the effect that such parents or guardians appeared before such ordinary or judicial officer and consented to the proposed marriage. C.(1) Parent shall mean both parents if the parents are living together, the parent who has legal custody if the parents are divorced, separated or widowed, or either parent if the parents are living together but one parent is unavailable because of illness, infirmity or not within the boundaries of the State of Georgia, or physical presence is impossible. (2) Guardian. For the purpose of giving consent for an underaged applicant, a guardian shall be held to include the same relationships between spouses as for parents and to mean any person at least five years older than the applicant standing in loco parentis to the applicant for at least two years; or any person at least five years older than the applicant with whom the applicant has lived for at least two years and who has or would be allowed to claim the applicant as a dependent for the purposes of a Federal dependent income tax deduction; or any relative by blood or marriage at least five years older than the applicant and with whom the applicant has lived at least two years

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when the whereabouts of the applicant's parents are unknown; or court appointed guardian. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 26, 1968. GEORGIA STATE SCHOLARSHIP COMMISSION ACT AMENDED. No. 922 (House Bill No. 1064). An Act to amend an Act creating the Georgia State Scholarship Commission, approved March 12, 1965 (Ga. L. 1965, p. 210), as amended by an Act approved March 14, 1966 (Ga. L. 1966, p. 465), and an Act approved April 14, 1967 (Ga. L. 1967, p. 640), so as to authorize the commission to conduct public relations and public information programs; to provide the procedures connected therewith; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Georgia State Scholarship Commission, approved March 12, 1965 (Ga. L. 1965, p. 210), as amended by an Act approved March 14, 1966 (Ga. L. 1966, p. 465), and an Act approved April 14, 1967 (Ga. L. 1967, p. 640), is hereby amended by adding between sections 5 and 6 a new section to be known as section 5A and to read as follows: Section 5A. In order to carry out and better effectuate the purposes of this Act, the commission shall be authorized to either independently, in conjunction with, or, by agreement, in cooperation with other persons and agencies, either public or private, conduct a public relations and public information program designed to collect and disseminate information regarding state, federal and private scholarship,

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grant-in-aid, stipend, or other similar aid programs providing higher education financial assistance to students, and particularly financial aids available to students desiring to study in fields wherein shortages of trained personnel exist, as defined by the commission, and regardless of whether such programs are directed or administered by the commission. Said public relations and public information program may likewise be designed to encourage persons to enter into such critical fields of study and work. The commission shall be authorized to enter into contracts for such purposes with persons or agencies, either public or private; to utilize all forms of communication media and promotional activity and materials for such purposes; and to expend funds for the purposes herein provided. Information programs. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 26, 1968. GEORGIA HIGHER EDUCATION ASSISTANCE CORPORATION ACT AMENDED. No. 923 (House Bill No. 1066). An Act to amend an Act creating the Georgia Higher Education Assistance Corporation, approved March 12, 1965 (Ga. L. 1965, p. 217), as amended by an Act approved March 18, 1966 (Ga. L. 1966, p. 726), an Act approved April 11, 1967 (Ga. L. 1967, p. 461), and an Act approved April 14, 1967 (Ga. L. 1967, p. 644), so as to make certain changes within the program of guaranteed student loans so as to comply with the federal requirements relating to guaranteed student loans; to provide additional powers for the board of directors of said corporation; to establish a student loan insurance fund; to provide for a student loan interest fund; to provide the procedure connected with the foregoing; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Georgia Higher Education Assistance Corporation, approved March 12, 1965 (Ga. L. 1965, p. 217), as amended by an Act approved March 18, 1966 (Ga. L. 1966, p. 726), an Act approved April 11, 1967 (Ga. L. 1967, p. 461), and an Act approved April 14, 1967 (Ga. L. 1967, p. 644), is hereby amended by striking from paragraph 3 of section 3 the word non-profit and substituting in lieu thereof the word eligible so that when so amended paragraph 3 of section 3 shall read as follows: 3. `College' shall mean any eligible institution, either within or without the State of Georgia, providing education beyond the twelfth (12th) grade, recognized and approved by the board of directors pursuant to such regulations as may be adopted by the board. College defined. Section 2. Said Act is further amended by inserting in subsection 1 of section 5 immediately before the phrase $1,000.00 for the freshman year the following: $1,000.00 for any academic year of study in an eligible business or trade school, technical institution or other technical or vocational school providing a program of post-secondary vocational or technical education, as may be further defined by regulations of the Board, or, for study at college or university levels, as follows:, so that when so amended 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 any academic year of study in an eligible business or trade school, technical institution or other technical

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or vocational school providing a program of post-secondary vocational or technical education, as may be further defined by regulations of the Board, Amounts of loans. or for study at college or university levels, as follows: $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. Section 3. Said Act is further amended by renumbering subsection 11 of section 5 as subsection 13 and by adding, following subsection 10 of said section, the following new subsections: (11) Notwithstanding any provision to the contrary contained herein, the corporation, pursuant to regulations of the bard, is hereby specifically authorized to comply with all terms, conditions and provisions contained in Part B of Title IV of the Higher Education Act of 1965 (Public Law 89-329, 89th Congress) dated November 8, 1965, and as contained in the National Vocational Student Loan Insurance Act of 1965 (Public Law 89-287, 89th Congress), dated October 22, 1965, both as amended, and as may be amended from time to time, and to enter into such agreements and adopt such rules and regulations as the board may deem necessary or advisable in order to effectively administer such laws for the benefit of residents of this state. Powers. (12) The board, pursuant to regulations, shall have authority to charge the lender for insurance on each loan, a premium in an amount not to exceed one-half of 1 percentum per year on the unpaid principal amount of such loan or loans outstanding (excluding interest or other charges added to principal), which sum shall be payable to the corporation at such time and in such manner as may be

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prescribed by the Board. Such insurance premium may be passed on to the borrower by lender. Such regulations may provide that such premium shall not be payable, or if paid shall be refundable, with respect to any period after default in the payment of principal or interest by borrower, or after death of the borrower, provided, however, that notice of such default or death shall have been first duly given to the corporation and request for payment of the loss insured against has been made to the corporation. Section 4. Said Act is further amended by inserting in subsection (a) of section 7 between the words sub-section and shall, as they appear in the second sentence thereof, the following: which shall accrue prior to the beginning of the repayment period of the loan, and by striking from said sentence the following: during the period during which the borrower is regularly pursuing the college program for which such loan was made, so that when so amended subsection (a) of section 7 shall read as follows: Section 7. (a) No loan guaranteed by the corporation shall obligate the borrower to pay interest on said loan at a rate in excess of six percent per annum on the unpaid principal balance of the loan. All of the interest payable on loans guaranteed by the corporation as provided in this subsection which shall accrue prior to the beginning of the repayment period of the loan shall be paid on behalf of and for the account of the borrower by the corporation, unless otherwise paid by the borrower or with Federal funds made available for this purpose by Federal law or regulations, but not to exceed seven years from the date such loan was originally made or during such other period of time as may be required or prescribed by Federal law or regulations in the event such Federal law or regulations are applicable to said loan. The borrower shall be liable to

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the corporation for all such interest so paid by the corporation from State funds made available to the corporation for this purpose, and the corporation shall be subrogated to the rights of the lender for the interest and any principal paid by it for the account of borrower. Interest on loans. Section 5. Said Act is further amended by adding at the end of section 7 a new subparagraph (c) to read as follows: (c) Interest payments, as provided for in subsections (a) and (b) above, shall be paid to lenders by the corporation in such manner and at such time or times as the board may provide by regulation. The board may by regulation require lenders to submit to the corporation, in such manner and at such times as may be required, statements containing such information as may be required in order to enable the corporation to accurately determine the amount of interest due and payable to lenders on loans insured by the corporation. The corporation shall be authorized to conduct a full or partial pre-audit or post-audit of lender records whenever necessary or desirable in order to verify completeness and correctness of information furnished the corporation by lenders. The corporation shall have authority, subject to agreement with lender, to use any accrual method, to include average daily balance, average quarterly balance or actual loan balance methods, or any other method in accordance with generally accepted accounting principles, for the purpose of computing interest due and payable to lenders on loans insured by the corporation. Audits, etc. Section 6. Said Act is further amended by striking from section 8 the last sentence thereof which reads as follows: The time for repayment may be deferred for the length of time spent in service with the armed forces, not to exceed two (2) years so that when so amended section 8 shall read as follows:

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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 he becomes regularly employed, or self-employed, following such completion or other termination of his college program, or upon the expiration of seven years from the date such loan was originally made, whichever occurs first. Such borrower shall not be required to repay the principal of any such loan at a rate in excess of $50.00 per month, except in case of default, but the corporation shall encourage more rapid repayment where practicable. Repayment of loans. Section 7. Said Act is further amended by renumbering sections 14, 15 and 16 as sections 16, 17 and 18, respectively, and by adding, following section 13, two new sections to be numbered as 14 and 15 and to read as follows: Section 14. There is hereby established a student loan insurance fund for the purpose of making payments in connection with default of loans insured by the corporation. All sums received by the corporation as premium charges for insurance, or as appropriations for such purposes, or as gifts, grants, bequests, devises or loans to the corporation for such purposes, or as receipts, earnings, or proceeds derived from any claim or other asset acquired by the corporation in connection with administration of such fund, and any other monies, property or assets resulting from administration of such fund or received for or in payment or satisfaction of student loans in default, including repayment or reimbursement of principal and interest thereon or other satisfaction of default claims theretofore paid from said fund, and income resulting from investment or utilization of said fund or the assets thereof, shall be deposited in or otherwise become a part of said student loan insurance fund. All payments made by the corporation in connection with default of loans insured by the corporation shall be paid from said funds. Insurance.

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Section 15. There is hereby established a student loan interest fund for the purpose of making interest payments on loans insured by the corporation. All sums received by the corporation as appropriations for the payment of interest on student loans, or as gifts, grants, bequests, devises or loans to the corporation for such purposes, or as receipts, earnings or proceeds derived from any claim or other asset acquired by the corporation in connection with administration of such fund, and any other monies, property or assets resulting from administration of such fund or received for or in payment or satisfaction of interest on student loans, including repayment or reimbursement of interest theretofore paid by the corporation for and on behalf of any student, and income resulting from investment or utilization of said fund, shall be deposited in or otherwise become a part of said student loan interest fund. All payments of interest by the corporation on student loans insured by the corporation shall be paid from said fund. Interest. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 26, 1968. MOTOR COMMON CARRIERSREGISTRATION, ETC. Code 68-633 Amended. No. 924 (House Bill No. 1072). An Act to amend Georgia Code section 68-633 in order to provide that motor common carriers engaged in interstate commerce in this State shall register with the Georgia Public Service Commission; to provide that motor common carriers shall annually register their vehicles engaged in interstate commerce in this State; to provide for registration filing fees; to provide for reciprocity; to provide for an effective date; to repeal conflicting laws and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1. Georgia Code section 68-633 is hereby amended by striking therefrom the first sentence in its entirety and substituting in lieu thereof the following paragraph and subparagraphs: Before any motor common carrier engaged solely in interstate commerce shall operate any motor vehicle on or over any highway of this State, it shall first: (a) Secure a registration permit from the Georgia Public Service Commission by making application therefor on forms supplied by the Commission and payment of a twenty-five dollar ($25.00) filing fee. Application for registration shall show every certificate or permit authority issued to the applicant by the Interstate Commerce Commission with regard to the applicant's operations in Georgia, or, in the case of motor common carriers exempt from regulation by the Interstate Commerce Commission, the application shall show the commodities or operations claimed to be exempt and the routes over which such carriers shall operate in Georgia. A carrier's registration shall be valid so long as there is no change in its operating authority with regard to its operations in this State but the registration may be amended to reflect such changes by application to the Commission on forms supplied by the Commission and payment of a five dollar ($5.00) filing fee; (b) Obtain an annual license, cab identification card or stamp for each of its motor vehicles operated on or over any highway of this State. Each license, cab identification card or stamp shall be valid for a fifteen-month period extending from November 1st of any year through January 31st of the next succeeding year and may be obtained from the Commission upon application on a form supplied by the Commission and payment of a twenty-five dollar ($25.00) registration fee unless the motor common carrier applying for such license, cab identification card or stamp is domiciled in a jurisdiction which extends reciprocity to mottor common carriers domiciled in Georgia pursuant to

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Georgia Code section 68-1003 in which case the registration fee shall be one dollar ($1.00) per vehicle. (c) Give the bond or indemnity insurance prescribed by this Chapter (omitting the protection in respect to their own passengers and cargoes). It shall not be necessary for any motor common carrier to obtain a certificate of public convenience from the Georgia Public Service Commission when such carrier is engaged solely in interstate commerce over the highways of this State. so that when amended said Code section shall read as follows: 68-633. Registration of routes, vehicles, etc. by common carriers; indemnity insurance; interstate commerce . Before any motor common carrier engaged solely in interstate commerce shall operate any motor vehicle on or over any highway of this State, it shall first: (a) Secure a registration permit from the Georgia Public Service Commission by making application therefor on forms supplied by the Commission and payment of a twenty-five dollar ($25.00) filing fee. Application for registration shall show every certificate or permit authority issued to the applicant by the Interstate Commerce Commission with regard to the applicant's operations in Georgia, or, in the case of motor common carriers exempt from regulation by the Interstate Commerce Commission, the application shall show the commodities or operations claimed to be exempt and the routes over which such carriers shall operate in Georgia. A carrier's registration shall be valid so long as there is no change in its operating authority with regard to its operations in this State but the registration may be amended to reflect such changes by application to the Commission on forms supplied by the Commission and payment of a five dollar ($5.00) filing fee; (b) Obtain an annual license, cab identification card or stamp for each of its motor vehicles operated on or

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over any highway of this State. Each license, cab identification card or stamp shall be valid for a fifteen-month period extending from November 1st of any year through January 31st of the next succeeding year and may be obtained from the Commission upon application on a form supplied by the Commission and payment of a twenty-five dollar ($25.00) registration fee unless the motor common carrier applying for such license, cab identification card or stamp is domiciled in a jurisdiction which extend reciprocity to motor common carriers domiciled in Georgia pursuant to Georgia Code Section 68-1003 in which case the registration fee shall be one dollar ($1.00) per vehicle. (c) Give the bond or indemnity insurance prescribed by this Chapter (omitting the protection in respect to their own passengers and cargoes). It shall not be necessary for any motor common carrier to obtain a certificate of public convenience from the Georgia Public Service Commission when such carrier is engaged solely in interstate commerce over the highways of this State. Where a motor common carrier is engaged in both state and interstate commerce, he shall nevertheless be subject to all the provisions of this Chapter so far as it separately relates to his commerce done exclusively in this State. It is not intended that the Commission shall have the power of regulating the interstate commerce of such motor common carrier, except to the extent herein expressly authorized as to such commerce. Sections 68-613, 68-614, 68-615, 68-617, 68-619, 68-624, and 68-625 do not apply to purely interstate commerce nor to carriers exclusively engaged in interstate commerce. When a motor common carrier is engaged both in intrastate and in interstate commerce, it shall be subject to all the provisions of this Chapter so far as they separately relate to his commerce done in this State. Section 2. This Act shall become effective on July 1, 1968. Effective date.

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Section 3. All laws or parts of laws in conflict with this Act are hereby repealed. Approved March 26, 1968. MOTOR CARRIERSREGISTRATION, ETC. Code 68-525 (a) Amended. No. 925 (House Bill No. 1073). An Act to amend Georgia Code section 68-525 (a), as amended, in order to provide that motor carriers engaged in interstate commerce in this State shall register with the Georgia Public Service Commission; to provide that motor carriers shall annually register their vehicles engaged in interstate commerce in this State; to provide for registration filing fees; to provide for reciprocity; 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. Georgia Code Chapter 68-5 is hereby amended by striking therefrom Code section 68-525 (a), as amended, and substituting in lieu thereof a new Code section 68-525 (a) to read as follows: (a) Before any motor carrier engaged solely in interstate commerce shall operate any motor vehicle on or over any highway of this State, it shall first: (1) Secure a registration permit from the Georgia Public Service Commission by making application therefor on forms supplied by the Commission and payment of a twenty-five ($25.00) dollar filing fee. Application for registration shall show every certificate or permit authority issued to the applicant by the Interstate Commerce Commission with regard to the applicant's operations in Georgia, or, in the case of motor carriers exempt from regulation

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by the Interstate Commerce Commission, the application shall show the commodities or operations claimed to be exempt and the routes over which such carriers shall operate in Georgia. A carrier's registration shall be valid so long as there is no change in its operating authority with regard to its operations in this State but the registration may be amended to reflect such changes by application to the Commission on forms supplied by the Commission and payment of a five ($5.00) dollar filing fee; (2) Obtain an annual license, a cab identification card or stamp for each of its motor vehicles operated on or over any highway of this State. Each license, cab identification card or stamp shall be valid for a fifteen-month period extending from November 1st of any year through January 31st of the next succeeding year and may be obtained from the Commission upon application on a form supplied by the Commission and payment of a twenty-five ($25.00) dollar registration fee unless the motor carrier applying for such license, cab indentification card or stamp is domiciled in a jurisdiction which extends reciprocity to motor carriers domiciled in Georgia pursuant to Georgia Code Section 68-1003 in which case the registration fee shall be one ($1.00) dollar per vehicle. (3) Give the bond or indemnity insurance prescribed by this Chapter (omitting the protection in respect to their own passengers and cargoes). Notwithstanding any other provision to the contrary any motor carrier engaging solely in interstate commerce and transporting, either exclusively or otherwise, any of the commodities now or hereafter described in subparagraphs (2) and (2a) of paragraph (c) of Section 68-502, shall comply with the requirements of this Section. It shall not be necessary for any motor carrier to obtain a certificate of public convenience from the Georgia Public Service Commission when such carrier is engaged solely in interstate commerce over the highways of this State.

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Section 2. This Act shall become effective July 1, 1968. Effective date. Section 3. All laws or parts of laws in conflict with this Act are hereby repealed. Approved March 26, 1968. GEORGIA AGRICULTURAL COMMODITIES PROMOTION ACT AMENDED. No. 927 (House Bill No. 1346). An Act to amend an Act known as the Georgia Agricultural Commodities Promotion Act approved March 30, 1961, (Ga. L. 1961, Vol. I, p. 301) as amended by an Act approved February 21, 1964, (Ga. L. 1964, Vol. I, p. 141) so as to repeal the definition of and all provisions relating to marketing agreements in said Act and all references to same therein; to redefine the terms marketing order and Seasonal Marketing Regulations therein; to ratify and confirm as bodies corporate and politic and as instrumentalities of the State of Georgia the Agricultural Commodity Commission for Milk established July 1, 1961, the Agricultural Commodity Commission for Eggs established July 1, 1961, the Agricultural Commodity Commission for Peanuts established August 1, 1961, the Agricultural Commodity Commission for Sweet Potatoes established August 1, 1961, the Agricultural Commodity for Peaches established May 1, 1962, the Agricultural Commodity Commission for Tobacco established July 1, 1962, the Agricultural Commodity Commission for Apples established August 1, 1962, and the Agricultural Commodity Commission for Cotton established August 1, 1965, together with the actions of each such Commission pursuant to terms of said Act; to fix the powers, duties, authority and responsibility of each such Commission and qualifications of members of each; to provide that each such Commission shall continue until abolished by law; to repeal the provisions of said Act relating to producer referendums; to repeal the manner of giving notices and

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holding hearing under said Act and provide that the same shall be in accordance with the Georgia Administrative Procedure Act; to authorize the Commissioner of Agriculture to administer and enforce the provisions of Marketing Orders issued by each such Commission and to collect assessments provided by said Act and to enforce same by issuance and levy of executions and by suit, and to provide for regulations and procedures to be followed in connection with all such authority; to repeal the provisions of said Act authorizing establishment of Marketing quotas, surplus controls, quantity limitations, and stabilization pools; to provide that said Commissions may issue marketing orders relating to standards for grade, size, condition and quality of agricultural commodities affected, for marketing periods, for research, educational and advertising or promotional programs, and for regulation of unfair trade practices, and to establish standards and limitations with respect to the subject matter of such marketing orders; to provide that such marketing orders heretofore promulgated conforming to this Act as herein amended shall continue of force and effect until repealed or modified by the Commission issuing same; to provide for issuance of Seasonal Marketing Orders within prescribed limits; to repeal limitations on the duration of marketing orders, and to allow same to continue until amended or repealed by such Commission by which issued; to fix, establish and levy assessments on the sale and processing of such agricultural commodities produced in Georgia at rates herein prescribed and to provide the manner and means of collecting same; to provide that said assessments shall expire at midnight April 30, 1970, unless extended by law; to provide the manner in which assessments and other funds of such Commissions shall be held, deposited, invested and disbursed and for the escheat of such funds upon abolishment of any Commission; to provide for audit by the State Auditor; to provide that such funds need not be appropriated by law nor paid into the State Treasury except upon escheat; to provide civil and criminal penalties and procedures for enforcing compliance with said Act; to provide for a statutory injunction remedy; to provide for certain renumbering and editorial changes conforming said Act to

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the provisions of this Amendment thereto; to provide for severability of the provisions of said Act; to authorize cooperation with and disclosure of information to other governmental authorities; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Georgia Agricultural Commodities Promotion Act approved March 30, 1961 (Ga. L. 1961, Vol. I, p. 301), as amended by an Act approved February 21, 1964 (Ga. L. 1964, Vol. I, p. 141) is hereby amended by amending section 3 of said Act, entitled Definitions, as follows: (1) By repealing subsection (g) of said section in its entirety and by renumbering subsection (f-1) of said section as subsection (g); and (2) By striking from subsection (h) of said section the words during any specified period or periods; and Definitions. (3) By striking from subsection (m) of said section the words or marketing agreement; and (4) By repealing subsections (n), (o), (p), and (q) of said section in their entirety and by substituting, in lieu thereof, a new subsection to be known as subsection (n) to read as follows: (n) `Seasonal marketing regulations' mean marketing regulations, applicable to a particular marketing order, made effective as prescribed herein for the purpose of carrying into effect by administrative order the marketing regulatory authorizations and provisions of such marketing order as such authorizations or provisions may be applicable to or required by changing economic or marketing conditions and requirements from time to time during each marketing season in which such marketing order may operate. Such seasonal marketing regulations shall not extend beyond the marketing order concerned, or modify or change the language of such marketing order.; and

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(5) By repealing subsections (r) and (s) of said section in their entirety and by renumbering subsections (t), (u), and (v) of said section as subsections (o), (p), and (q). Section 2. Said Act is further amended by repealing section 7 thereof in its entirety and by substituting, in lieu thereof, a new section 7 to read as follows: Section 7. Each of the following Commissions heretofore established pursuant to the provisions of this Act, effective from the date set forth below opposite its name, is hereby ratified and confirmed as a body corporate and politic and an instrumentality of the State of Georgia from and since such date: Commissions. 1. Agricultural Commodity Commission for Milk established July 1, 1961. 2. Agricultural Commodity Commission for Eggs established July 1, 1961. 3. Agricultural Commodity Commission for Peanuts established August 1, 1961. 4. Agricultural Commodity Commission for Sweet Potatoes established August 1, 1961. 5. Agricultural Commodity Commission for Peaches established May 1, 1962. 6. Agricultural Commodity Commission for Tobacco established July 1, 1962. 7. Agricultural Commodity Commission for Apples established August 1, 1962. 8. Agricultural Commodity Commission for Cotton established August 1, 1965. All actions taken by each of said Commissions pursuant to terms of this Act are hereby ratified and all funds received

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by each of said Commissions after the effective date shown above opposite its name are hereby determined to have been voluntarily contributed pursuant to the provisions of section 9, paragraph (g) of this Act and to constitute trust funds of such Commission as provided in Section 6 of this Act. Each of the aforesaid Commissions and each Commission hereafter created by law shall, from and after the effective date of this Amendment to this Act, be organized and constituted, have corporate existence, and possess the powers and duties as stated in this Act, and any future amendments hereto, and shall be governed and controlled hereby; provided, however, that any contract, obligation or other undertaking entered into or incurred by or in behalf of any such Commission prior to the effective date of this amendment shall be valid and binding if authorized by terms of this Act as it existed before adoption of this amendment. Section 3. Said Act is further amended by amending section 9 thereof, relating to the membership of each Commission and its powers, as follows: (1) By striking subsection (d) of said section 9 in its entirety and by substituting, in lieu thereof, a new subsection (d) to read as follows: (d) It shall be the duty of the Commissioner to certify to the Secretary of State the membership of each Commission and of each change in membership as the same occurs; Powers. and (2) By striking subsection (f) of said section 9 in its entirety and by substituting, in lieu thereof, a new subsection (f) to read as follows: (f) Any other provision of this Act to the contrary notwithstanding, a member of any federation or organization of producers shall be eligible to be appointed as a member of any Commission administering the provisions of this Act with respect to any agricultural commodity produced by such federation or organization or handled by it for its members producing same; and

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(3) By adding at the end of said section 9 a new subsection to be numbered subsection (i) to read as follows: (i) Each such Commission shall continue as a public corporation and instrumentality of the State of Georgia until abolished by law. Section 4. Said Act is further amended by repealing section 11 thereof in its entirety and by substituting, in lieu thereof, a new section 11 to read as follows: Section 11. The Commissioner, upon the approval and request of any Commission, is hereby authorized to administer and enforce the provisions of marketing orders promulgated by such Commission pursuant to the provisions of this Act and, to that end, is authorized to employ the personnel and facilities of the Department of Agriculture as well as those of such Commission. Powers. Section 5. Said Act is further amended by repealing section 12 thereof in its entirety and by substituting, in lieu thereof, a new section 12 to read as follows: Section 12. Each such Commission shall be authorized to issue one or more marketing orders, and to amend and repeal same from time to time, to accomplish any or all of the objects specified in section 13 of this Act with respect to the particular agricultural commodity or commodities for which such Commission was created as determined by the agricultural commodity or commodities specified in the name of such Commission, and for any natural or processing by-product of such agricultural commodities. Each such marketing order and amendment thereto shall be promulgated in accordance with the rule-making procedures of the Georgia Administrative Procedure Act and shall be subject to the provisions of said Act. Hearings held thereunder may be conducted by the Commission or its designated hearing officer, or by the Commissioner or his designated hearing officer, as may be designated by the Commission, but no marketing order or amendment shall be issued based on hearings conducted other than by the Commission

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itself, until the members of the Commission have been afforded an opportunity to review the hearing record. Marketing orders, etc. Section 6. Said Act is further amended by repealing section 13 thereof in its entirety and by substituting, in lieu thereof, a new section 13 to read as follows: Section 13. If upon the basis of the record of testimony and evidence received at said hearing and facts officially noticed therein from official publications or institutions of recognized standing, such Commission shall determine that the issuance of a marketing order or amendment will tend to effectuate the intent and purpose of this Act, it may promulgate a marketing order or amendment with respect to the matters specified in the hearing notice and supported by the record containing any or all of the following provisions, but no others: Hearings, etc. (1) Provisions regulating the period, or periods, during which any agricultural commodity, or any grade, size or quality of such commodity, may be processed, distributed or otherwise marketed within this State by any and all persons engaged in such processing distributing or marketing within this State; such periods shall be established by the Commission so as to conform to the better principles of sound agricultural practices with respect to production of the commodities affected; to secure, so far as commercially practical, a sufficient supply of the highest available quality of each grade of such commodity proportionate to normal market demand; and to prevent disruptive marketing practices likely to result in over-supply or scarcity creating unnecessarily high prices to consumers or handlers, sub-marginal prices to producers, or saleability of produce of inferior grade and quality due to unavailability of good quality products. (2) Provisions establishing or providing for establishing with respect to any agricultural commodity either as delivered by producers to handlers or processors, or as handled, processed, or otherwise prepared for market, or as marketed by producers, handlers or processors: (A) grading standards of quality, condition, size, maturity or

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pack, which standards may include minimum standards provided the standards so established shall not be established below any minimum standards prescribed by law for such commodity; and (B) uniform inspection and grading of such commodity in accordance with the standards so established. (3) Provisions for the establishment of plans for advertising and sales promotion to maintain present markets or to create new or larger markets for agricultural commodities grown in the State of Georgia, or for the prevention, modification or removal of trade barriers which obstruct the normal flow of agricultural commodities to market. The Commission is hereby authorized to prepare, issue, administer and enforce plans for promoting the sale of any agricultural commodity. Provided, that any such plan shall be directed toward promoting and increasing the sale, use and utilization of such commodity without reference to a particular brand or trade name, and Provided, further, that no advertising or sales promotion program shall be issued by the Commission which shall make use of false or unwarranted claims in behalf of any such product, or disparage the quality, value, sale or use of any other agricultural commodity. (4) Provisions prohibiting unfair trade practices by which any producer or handler shall tend toward establishment of monopoly, shall unfairly discriminate among customers as to price or quality, or shall engage in fraudulent, deceptive or misleading representations, concealment or other similar sharp business practices harmful to his or its customers, injurious to competitors, or likely to bring into disrepute persons generally engaged in production and handling of the commodity involved or detrimental to the intent and purpose of this Act. (5) Provisions for carrying on research studies in promoting the production, marketing, sale, use and utilization, processing and improvement of any agricultural commodity or any combination thereof and for the expenditure of

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moneys for such purposes. In any research carried on hereunder, the Dean of the College of Agriculture of the University of Georgia and the Commissioner and Commission hereof shall cooperate in selecting the research project or projects to be carried on from time to time. Insofar as practicable such projects shall be carried out by said College of Agriculture, but if the Dean of said College and the Commission determine that the College has no facilities for a particular project or that some other research agency has better facilities therefor, the project may be carried out by other research agencies selected by the Commission. (6) Provisions establishing or providing authority for establishing, for any agricultural commodity, either as such commodity is produced or is delivered by producers to handlers, or as handled or otherwise prepared for market, or as marketed by producers or handlers, an educational program designed to acquaint producers, handlers or other interested persons with quality improvement, including sanitation practices, procedures or methods as applied to such commodity. All provisions authorized by this Section contained in marketing orders and amendments thereto heretofore adopted by any Commission and in effect at the time of adoption of this Amendment to this Act shall be and remain of full force and effect until repealed or modified by each such Commission as herein provided and it shall not be necessary, by reason of the enactment of this Amendment, that any such provision of any existing marketing order be re-adopted or promulgated by any such Commission. Section 7. Said Act is further amended by repealing section 14 thereof in its entirety and by substituting, in lieu thereof, a new section 14 to read as follows: Section 14. Each Commission may, without prior notice to and public hearing for the producers or handlers of the commodity directly affected, issue and make effective seasonal marketing regulations or modifications thereof; provided, that the marketing order, made effective after due hearing as required by this act, (1) provides for the issuance

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or modification of such seasonal marketing regulations without requiring such prior notice and public hearing and (2) sets forth the limits within which such seasonal marketing regulations may be made effective or subsequently modified by the Commission; and provided further, that the Commission finds that such seasonal marketing regulations or modifications thereof are reasonable and proper and a practical means of carrying out the marketing provisions authorized in such marketing order and will effectuate the declared purposes and policies of the act with respect to such agricultural commodity. Notice of the issuance and the effective date of any such seasonal marketing regulations or modifications thereof shall be given by the Commission to all producers and handlers directly affected by any such regulations in the manner and within the time specified in the applicable marketing order, or, in absence of such, as may be specified by the Commission. It is recognized that with respect to some agricultural commodities, marketing, weather and other conditions may change so rapidly as to require changes in seasonal marketing regulations from week to week or oftener. It is intended that the provisions of this section be interpreted liberally so that the Commission may be enabled to carry out the marketing regulations and procedures authorized herein in a practical and effective manner. Seasonal marketing regulations. Section 8. Said Act is further amended by repealing section 14A of said Act (added by section 3 of said amendatory Act approved February 21, 1964, Ga. L. 1964, Vol. I, p. 141) in its entirety. Repealed. Section 9. Said Act is further amended by repealing section 15 of said Act in its entirety, and by reserving such section number for possible future amendments to said Act, so that section 15 shall hereafter read as follows: Repealed. Section 15. Reserved. Section 10. Said Act is further amended by repealing section 16 of said Act in its entirety and by substituting, in lieu thereof, a new section 16 to read as follows:

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Section 16. (a) For the purpose of providing funds to each such Commission to defray the expenses incurred by it in the formulation, issuance, administration and enforcement of each marketing order issued pursuant to the terms of this Act, including the cost of collecting assessments authorized by this Section, and to finance each and all the programs, projects and undertakings provided by terms of such marketing orders as authorized in section 13 or elsewhere in this Act, there is hereby levied upon each and every producer of the following agricultural commodities produced within this State and sold within or without the State an assessment at the following rates to be paid to the Commissioner for the use of the respective Commissions indicated below, as follows: Taxes. (1) Upon producers of raw cows' milk an assessment of five cents ($0.05) per hundred pounds of all milk sold by such producers, for use of said Agricultural Commodity Commission for Milk; (2) Upon producers of hen eggs an assessment of two cents ($0.02) per case of 30 dozen eggs on all eggs sold by such producers excepting only eggs actually used for hatchery purposes, for use of said Agricultural Commodity Commission for Eggs; (3) Upon producers of peanuts an assessment of one dollar ($1.00) per ton on all peanuts sold by such producers, for use of said Agricultural Commodity Commission for Peanuts; (4) Upon producers of sweet potatoes an assessment of two cents ($0.02) per bushel on all sweet potatoes sold by such producers, for use of said Agricultural Commodity Commission for Sweet Potatoes; (5) Upon producers of peaches an assessment of (a) two cents ($0.02) per bushel of packed peaches intended to be resold as fresh fruit and (b) one cent ($0.01) per bushel of peaches intended for processing purposes other than for wine, pickles and spiced peaches, and (c) one-half cent ($0.01/2) per bushel of peaches intended for processing

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for wine, pickles and spiced peaches, on all peaches sold by such producers, for use of said Agricultural Commodity Commission for Peaches. In the event any such producer shall sell such peaches on a weight rather than dry measure basis, fifty pounds of peaches shall be deemed the equivalent of a bushel for purposes of determining the assessment herein levied. (6) Upon producers of flue-cured tobacco an assessment of ten cents ($0.10) per hundred pounds on all flue-cured tobacco sold by such producers, for use of said Agricultural Commodity Commission for Tobacco. (7) Upon producers of apples an assessment of one cent ($0.01) per bushel on all apples sold by such producers, for use of said Agricultural Commodity Commission for Apples. (8) Upon producers of cotton an assessment of sixty cents ($0.60) per bale on all cotton sold by such producers, for use of said Agricultural Commodity Commission for Cotton. The assessments hereinabove levied shall terminate and the provisions of this subsection (a) shall expire at midnight April 30, 1970, unless extended by law prior to such effective termination date. (b) Each and every handler of the agricultural commodities enumerated in the foregoing subsection (a) of this section shall, at the time of purchase of any such commodity from the producer thereof, collect from such producer the assessment fixed by this Section and remit same to the Commissioner for use of the Commission for which the same is herein levied, and the liability of such handler under this paragraph shall not be discharged except upon receipt of said sums by the Commissioner. For the purposes of this subsection, to insure compliance with this section and for the administrative convenience of the Commissioner in enforcing payment and collection of the assessments levied by this section, delivery of any argicultural commodity upon which an assessment is levied by the preceding subsection (a) of this section by a producer to a handler for processing

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shall be deemed a sale of such commodity within the meaning of this section and the assessment hereinabove levied shall thereupon attach and become due, regardless of whether handler actually purchases such agricultural commodity for himself or only processes same for a consideration payable by the producer or another person and such agricultural commodity is thereafter sold to another person; provided, however, that upon collection of such assessment by the handler to whom such agricultural commodity is so delivered for processing only, no further or additional assessment shall attach or become due by reason of the subsequent sale by such producer of such processed agricultural commodity to another person or handler. (c) The Commissioner may prescribe such rules as may be necessary and reasonable for the orderly reporting and transmitting of assessments by handlers and may take all legal action necessary to enforce payment of same by handlers. The Commissioner is authorized to issue executions for same in like manner as executions are issued for ad valorem property taxes due the State and it shall be the duty of each and every sheriff of this State and their lawful deputies upon request of the Commissioner to levy and collect such executions and make their return thereof to the Commissioner in like manner as such tax executions are levied and return thereof made to county tax collectors and tax commissioners. The Commissioner shall be authorized to likewise collect, by execution as above provided or otherwise, directly from the producer against whom any assessment herein levied may be found due whenever it is determined that such producer has sold such affected commodity or commodities giving rise to such liability to a person other than to a handler who has collected such assessment and is required by this section to remit same to the Commissioner; and the Commissioner may, in such instances, proceed against such producer and the purchaser of such commodity, if a handler required to collect such assessment, simultaneously until satisfaction is obtained. (d) Any moneys collected by the Commissioner or Commission pursuant to this Act shall be deposited in a bank or banks, or other depository, approved by the Commission,

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and disbursed by the Commissioner only for the necessary expenses incurred by the Commission and the Commissioner as approved by the Commission. Funds so collected shall be deposited and disbursed in conformity with appropriate rules and regulations prescribed by the Commissioner. All such expenditures by the Commissioner shall be audited at least annually by the State Auditor and a copy of such audit shall be delivered within 30 days after the completion thereof to the Governor, the Commissioner and the affected Commission. In the event any such Commission shall be hereafter abolished, any funds remaining in its hands at such time shall be used to pay existing obligations of such commission, to pay the expenses incurred in winding up the affairs of such Commission, and any excess remaining shall escheat to the State and shall be paid by the Commissioner into the State Treasury as unclaimed trust funds. (e) Moneys deposited by the Commissioner pursuant to this section, which the Commission determines are available for investment, may be invested or reinvested by the Commissioner as provided for funds of the State of Georgia or any retirement system created by law. Section 11. Said Act is further amended by repealing section 17 thereof in its entirety and by substituting, in lieu thereof, a new section 17 to read as follows: Section 17. (a) Marketing orders issued by any Commission under this Act may be limited in their application by prescribing the marketing areas or portions of the State in which a particular order shall be effective. Provided, that, no marketing order shall be issued by the Commission unless it embraces all persons of a like class who are engaged in a specific and distinctive agricultural industry or trade within this State. Marketing orders. (b) Whenever producers or handlers of an agricultural commodity regulated by a marketing order issued by any Commission pursuant to the provisions of this Act are required to comply with minimum quality, condition, size or maturity regulations, no person shall, except as otherwise provided in said order, process, distribute, or otherwise

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handle any of such agricultural commodity from any source, whether produced within or without the State of Georgia, which commodity does not meet such minimum reguirements applicable upon producers or handlers of said commodity in Georgia, except that such regulations shall not apply to any commodity which has been produced outside of this State and is in transit on the effective date of the regulations. Section 12. Said Act is further amended by amending section 18 thereof as follows: (1) By striking from subsection (a) thereof the words the Commissioner or Commission and by substituting, in lieu thereof, the words any Commission; and (2) By repealing subsections (b) and (c) thereof in their entirety and by substituting, in lieu thereof, two new subsections (b) and (c) to read as follows: (b) Any person who violates any provision of this Act or any marketing order duly issued by any Commission and in effect hereunder, or who violates any rule or regulation issued by the Commissioner pursuant to the provisions of this Act or of any marketing order duly issued and effective hereunder, shall be liable to such Commission civilly for a penalty in an amount not to exceed a sum of five hundred dollars ($500) for each and every violation thereof, the amount of such penalty to be fixed by the Commissioner after notice and hearing as provided by the Georgia Administrative Procedure Act for contested cases and recoverable by a civil suit brought in the name of the Commissioner for the use and benefit of the affected Commission or by execution issued in like manner as for assessments provided by Section 16 of this Act. Any moneys recovered pursuant to this paragraph shall be deposited and disbursed in accordance with Section 16(d) of this Act as other moneys. Penalties. (c) The Commissioner, on his own motion, may, or upon complaint of any interested party charging a violation of any provision of this Act or of any provision of any marketing order or any rule or regulation issued by the Commissioner

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or Commission and effective hereunder, shall either refer the matter directly to the Attorney General of this State or any prosecuting attorney of this State for the institution of legal proceedings thereupon, or, if the Commissioner deems it necessary or advisable, he shall immediately call an administrative hearing, pursuant to the provisions of the Georgia Administrative Procedure Act governing contested cases, to consider the charges set forth in such verified complaint. In case the matter is referred directly by the Commissioner to the Attorney General or any prosecuting attorney, it shall be the duty of such officer, if after examination of the complaint and evidence he believes that a violation has occurred, to thereupon bring an appropriate action or actions in a court or courts of competent jurisdiction in this State.; and (3) By repealing subsection (d) thereof in its entirety and by renumbering subsections (e) and (f) thereof as subsections number (d) and (e), respectively; and (4) By renumbering subsection (g) thereof as subsection (f) and by adding at the end of such subsection the following sentence: It shall not be necessary in such event to allege or prove lack of an adequate remedy at law.; and (5) By renumbering subsection (h) thereof as subsection (g); and (6) By renumbering subsection (i) thereof as subsection (h) and by striking from the eighth line therein the words or agreement, and by striking from the eleventh line therein the word agreement; and (7) By renumbering subsections (j), (k), and (l) as subsections (i), (j), and (k), respectively; and (8) By renumbering subsection (m) thereof as subsection (l) and by striking therefrom the words or marketing agreement from the fourth line and the words or agreement from the sixth line of the first paragraph of

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such subsection, and by striking the words or agreement from the fourth line of the fourth paragraph of such subsection; and (9) By renumbering subsections (n) and (o) thereof as subsections (m) and (n), respectively. Section 13. Said Act is further amended by striking from section 19 thereof the letters and symbols (l), (m), (n), and (o) and by substituting, in lieu thereof, the letters and symbols (k), (l), (m), and (n), and by striking the words or marketing agreement from said section. Section 14. Said Act is further amended by adding at the end of section 20 thereof the following sentence: The provisions of this section with respect to collection of assessments by suit are in addition to and cumulative of the provisions of this Act authorizing the issuance of executions for same by the Commissioner, and the ten per cent (10%) penalty herein authorized to be assessed upon delinquent assessments may be likewise included in any execution issued by the Commissioner and such remedies may be pursued concurrently until satisfaction is obtained upon either, and any penalty recovered shall become a part of the principal assessment levied and shall be for the use of the Commission entitled thereto as other moneys received under this Act. Collection of assessments. Section 15. Said Act is further amended by repealing section 23 thereof in its entirety and by substituting, in lieu thereof, a new section 23 to read as follows: Section 23. The Commissioner and Commission are hereby authorized to confer with and make any information obtained pursuant to this Act available to the duly constituted governmental authorities of this State and other States and any political subdivisions of this State or another State, and of the United States who, by reason of their duties, have legitimate concern with the subject, and to cooperate with all such authorities for the purpose of obtaining administrative and achieving the objectives of this Act. Information.

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Section 16. Said Act is further amended by adding immediately following section 26 of Said Act a new section to be known as section 26A and which shall read as follows: Section 26A. In the event any section, subsection, paragraph, subparagraph, clause or phrase of this Act, as herein amended, shall be declared or adjudged invalid or unconstitutional by any court, such adjudication shall in no manner affect the remaining provisions of this Act or any amendment hereto, but the same shall remain of full force and effect as if the portion so adjudged invalid or unconstitutional was not originally a part hereof, it being expressly provided that the provisions of this Act are severable and that the General Assembly would have adopted the remaining provisions of this Act if it had known that such part of parts hereof would be declared or adjudged invalid or unconstitutional. Severability. Section 17. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 26, 1968. THE UNIFORM STANDARDS CODE FOR FACTORY MANUFACTURED MOVABLE HOMES ACT. No. 928 (House Bill No. 1479). An Act to provide for the establishment of standards of construction for factory manufactured movable homes; to provide for a short title; to provide certain definitions; to require compliance with the standards of construction as a condition precedent to the selling of or offering to sell any new factory manufactured movable homes for use in this State; to require manufacturers and dealers engaged in selling new factory manufactured movable homes in this State to be licensed; to provide for reciprocity with other states; to provide for license and fees; to provide for the administration, inspection and collection of records and statistics; to provide for the enforcement

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of this Act; to provide for penalties; to provide a severability clause; 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 and may be cited as The Uniform Standards Code for Factory Manufactured Movable Homes Act. Section 2. Definitions . Unless clearly indicated otherwise by the context, the following words when used in this Act, for the purpose of this Act, shall have the meanings respectively ascribed to them in this section: (a) Mobile Home means a movable or portable dwelling over 32 feet in length and over 8 feet wide, constructed to be towed on its own chassis, connected to utilities and designed without a permanent foundation for year-round occupancy, which can consist of one or more components that can be retracted for towing purposes and subsequently expanded for additional capacity, or of two or more units separately towable but designed to be joined into one integral unit. (b) Relocatable Home means a movable or portable dwelling over 32 feet in length and over 8 feet wide, designed and constructed without carriage or hitch, as stationary house construction for placement upon permanent foundations, to be connected to utilities, for year-round occupancy. It is capable of being separated from its foundation and utilities and relocated. It can consist of one or more components that can be retracted when transported and subsequently expanded for additional capacity, or of two or more units separately transportable but designed to be joined into one integral unit. (c) Factory Manufactured Movable Home means and includes a mobile home and a relocatable home as those terms are defined herein. (d) Commissioner means the Georgia Safety Fire Commissioner.

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Section 3. Statement of Policy; Rule Making Power . (a) Factory manufactured movable homes, because of the manner of their construction, assembly and use and that of their systems, components and appliances (including heating, plumbing and electrical systems) like other finished products having concealed vital parts may present hazards to the health, life and safety of persons and to the safety of property unless properly manufactured. In the sale of factory manufactured movable homes, there is also the possibility of defects not readily ascertainable when inspected by purchasers. It is the policy and purpose of this State to provide protection to the public against those possible hazards, and for that purpose to forbid the manufacture and sale of new factory manufactured movable homes which are not so constructed as to provide reasonable safety and protection to their owners and users. (b) The Georgia Safety Fire Commissioner is hereby authorized and directed to investigate and examine into engineering and construction practices and techniques, the properties of construction materials used in the construction and assembly of factory manufactured movable homes, their electrical, plumbing, heating and other systems and appliances; fire prevention and protective techniques and measures to promote safety of persons and property and protect the health of users of such factory manufactured movable homes. The Commissioner is authorized and empowered to promulgate rules and regulations embodying the fundamental principles adopted, recommended, or issued as USA Standard A119.1 and amended from time to time by the United States of America Standards Institute (USASI), successor to the American Standards Association (ASA) applicable to factory manufactured movable homes as defined herein. (c) The Commissioner is also authorized and empowered to issue and promulgate all rules and procedures which in his judgment are necessary and desirable to make effective the construction standards so established. Section 4. Compliance with Commissioner's Rules . No

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person may manufacture, sell, or offer for sale any factory manufactured movable home which has been constructed more than six (6) months after the effective date of this Act, unless such manufactured home, its components, systems and appliances have been constructed and assembled in accordance with rules of the Commissioner issued to afford reasonable protection to persons and property with respect to the construction, assembly and sale of such factory manufactured movable homes, and unless compliance with such rules be evidenced in the manner required by the Commissioner's rules. Section 5. License . (a) Every manufacturer and every dealer who sells new factory manufactured movable homes within the State of Georgia shall apply for and obtain license within six months after the effective date of this Act to sell to licensed dealers or to the public of this State and shall certify in the application that the applicant will comply with the Construction Standards set forth under rules and regulations provided in section 3 herein. (b) Applications will be obtained from and submitted to the Commissioner. (c) The original license fee shall be ten ($10.00) dollars per manufacturing plant and dealer location in the State of Georgia and the renewal fee shall be ten ($10.00) dollars per annum. The license shall be valid from January 1st through December 31st of the year in which it was issued or until revoked as provided herein. (d) Every manufacturer or dealer who first sells a new factory manufactured movable home in this State, beginning six months after the effective date of this Act shall, before such sale, pay to the Commissioner a fee of three ($3.00) dollars per each factory manufactured movable home in such manner as the Commissioner may by rule require to cover the costs of inspection and certificate, seal or other evidence of compliance. Section 6. Reciprocity . In the issuance of rules and regulations hereon, the Commissioner may provide appropriate

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exemption or exception with respect to factory manufactured movable homes produced in other states, upon his determining that the applicable rules and codes of such state of manufacture provide safeguards equally effective to those otherwise applicable under this Act and rules made pursuant thereto. Section 7. Administration of Act . The Commissioner is hereby charged with the administration of this Act. He may make and amend, alter or repeal, general rules and regulations of procedure for carrying into effect all provisions of this Act, for obtaining statistical data respecting factory manufactured movable homes, and to prescribe means, methods and practices to make effective such provisions and he may make such investigations and inspection as in his judgment are necessary to enforce and administer this Act. Section 8. Enforcement . No person may interfere, obstruct or hinder an authorized representative of the Commissioner who displays proper Department credentials in the performance of his duties as set forth in the provisions of this Act. Section 9. Penalties . Any person violating any of the provisions of this Act, or of said rules and regulations made hereunder shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished as for a misdemeanor. Section 10. 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

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had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 11. Repealer . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 26, 1968. CLERKS OF SUPERIOR COURTS RETIREMENT SYSTEM ACT AMENDED. No. 929 (Senate Bill No. 246). 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 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), an Act approved April 2, 1963 (Ga. L. 1963, p. 263), an Act approved March 3, 1964 (Ga. L. 1964, p. 202), an Act approved March 11, 1964 (Ga. L. 1964, p. 407), and an Act approved March 7, 1966 (Ga. L. 1966, p. 222), so as to provide for retirement under certain conditions after sixteen years of service; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. 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 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), an Act approved April 2, 1963 (Ga. L. 1963, p. 263), an Act approved March 3, 1964 (Ga. L. 1964, p. 202), an Act approved March 11, 1964 (Ga. L. 1964, p. 407), and an Act approved March 7, 1966 (Ga. L. 1966, p. 222), is hereby amended by adding a new section to be known as section 10A to read as follows:

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Section 10A. A clerk of the superior court, if otherwise eligible, may receive the retirement benefits provided for hereinafter if he has served sixteen years, at least eight years of which has been served continuously as clerk immediately preceding retirement. No other type service shall be counted except service as a deputy clerk of the superior court. Any such clerk who is approved for the purpose of receiving retirement benefits shall be paid a monthly amount equal to 53 1/3% of his salary based upon his last four years of service as clerk immediately preceding his retirement or the sum of $192.00 per month, whichever is the smaller sum. Section 2. This Act shall become effective July 1, 1968. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 26, 1968. STATE BOARD OF BARBERS ACTS AMENDED. Code 84-409 Amended. No. 931 (House Bill No. 329). An Act to amend Code Chapter 84-4, relating to barbers and manicurists, barbershops, barber schools and barber colleges, and creating a Georgia State Board of Barbers, so as to change the qualifications for obtaining a certificate of registration as a master barber; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 84-4, relating to barbers and manicurists, barbershops, barber schools and barber colleges, and creating a Georgia State Board of Barbers, is hereby amended by striking Code section 84-409 in its

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MOTOR VEHICLESREFLECTIVE LICENSE PLATES. Code 68-214 Amended. No. 936 (House Bill No. 839). An Act to amend Code section 68-214, relating to motor vehicle license plates and their description, as amended, by an Act approved March 21, 1939 (Ga. L. 1939, p. 182), an Act approved December 22, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 343), and an Act approved March 9, 1955 (Ga. L. 1955, p. 659), so as to require license plates to be treated with a reflective material in order to reduce road accidents and improve the visibility and legibility of license plates after dark; to provide for competitive bidding; to provide for conformance testing; to provide the year in which license plates shall be issued in conformity with such requirements; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 68-214, relating to motor vehicle license plates and their description, as amended, by an Act approved March 21, 1939 (Ga. L. 1939, p. 182), an Act approved December 22, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 343), and an Act approved March 9, 1955 (Ga. L. 1955, p. 659), is hereby amended by adding at the end thereof a new paragraph to read as follows: In addition to the foregoing requirements, in order to reduce road accidents and improve the visibility and legibility of license plates after dark, all vehicle license plates shall be treated with a reflective material which shall provide effective and dependable reflective brightness during the service period required of the license plate issue. The product to be used shall be purchased by competitive bidding through specifications issued by the Purchasing Department and the products shall be tested for conformance by the Materials and Test Engineer of the Georgia State Highway Department.

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Section 2. License plates shall be issued in conformity with the provisions of this Act beginning with the year 1970. This Act shall apply only for the years 1970 and 1971 unless extended. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 27, 1968. USE OF RADAR SPEED DETECTION DEVICES. No. 937 (House Bill No. 843). An Act to provide for the use of radar speed detection devices by counties and municipalities; to provide for permits for the use of such devices from the Department of Public Safety; to provide certain requirements relating to radar speed detection devices; to provide for the revocation of such permits; to prescribe how and when such devices may be used; to prohibit the use of such devices without a permit; to provide for a penalty for the use of such devices without a permit; 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. The law enforcement officers of the various counties and municipalities may use speed detection devices only if the governing authority thereof shall approve of and desire the use of such devices and shall apply to the Department of Public Safety for a permit to use such devices in accordance with the provisions of this Act, provided that no county or city officer shall be allowed to make a case based on radar except in properly marked school zones, unless the speed of the vehicle exceeds the posted limit in excess of ten miles per hour, and no conviction shall be had thereon unless said speed is in excess of ten miles per hour of the posted limit. Provided further

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that no county or city shall be authorized to use such devices where any arresting officer or official of the court having jurisdiction of traffic cases is paid on a fee system. The provisions of this Act shall not apply to any official receiving a recording fee. Use regulated. Section 2. The governing authority of any county or municipality may apply to the Department of Public Safety for a permit to authorize said governing authority to employ the use of radar speed detection devices to be employed in the use of traffic control within such counties or municipalities on streets, roads, and highways, provided the city and county will name the street or road the device is to be used on, the speed limits of which have been approved by the Division of Traffic Engineering and Safety of the State Highway Department. Permits, tec. Section 3. Any radar speed detection device used shall be so equipped as to print on a ticket or card the speed which a vehicle was traveling at the time the vehicle was checked for speed through the use of such device. Such device shall be so constructed that the operator of such device cannot cause to be printed on the ticket or card any speed other than that speed at which the vehicle being checked for speed was traveling at the time the vehicle was checked. This ticket or card shall be printed in duplicate and any person arrested for violation of the speed limit shall, at the scene of the arrest, be furnished with a copy of the ticket or card which shows the imprint made upon it by the speed detection device, indicating the speed at which the vehicle was traveling. In addition to this information, the ticket or card shall show the date of the offense, location of the violation, description of the vehicle which was checked, name of the law enforcement agency or department of which the arresting officer is a member, and the name of the arresting officer. One copy of the above described card or ticket shall be retained by the arresting officer and shall be attached to and become a part of the arresting officer's arrest record. This arrest record, including a copy of the above described ticket or card shall be presented to the court of proper jurisdiction at such time as the case made by the use of the speed

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detection device shall be called in the court. Provided, however, that this section shall not apply to the Department of Public Safety. Procedure, etc. Section 4. The Department of Public Safety is authorized to prescribe by appropriate rules and regulations, the manner and procedure in which applications shall be made for such permits, and to prescribe the required information to be submitted by the applicants. Rules. Section 5. Each county and municipality employing the use of radar speed detection devices shall erect signs on every highway which comprises a part of the State highway system at that point on the highway which intersects the corporate limits of any municipality or county boundary. Such signs shall warn approaching motorists that the use of such devices is being employed. No such devices shall be used within 500 feet of any such warning sign erected pursuant to this section. Signs. Section 6. Evidence obtained by law enforcement officers in using radar equipment within 300 feet of a reduction of a speed limit inside an incorporated municipality or within one-half mile of a reduction of a speed limit outside an incorporated municipality shall be inadmissible in the prosecution of a violation of any municipal ordinance, county ordinance or State law regulating speed; nor shall such evidence be admissible in the prosecution of a violation as aforesaid when such violation has occurred within thirty (30) days following a reduction of the speed limit in the area where the violation took place. No speed detection device shall be employed on any portion of any highway which has a grade in excess of seven (7) percent. Where use permitted. Section 7. No speed detection device shall be employed where it is not visible to approaching motorists for a distance of at least 500 feet. Same. Section 8. Upon any complaint being made to the Governor that any county or municipality is employing the use of speed detection devices primarily for the collection of revenue rather than for purposes of public safety, the

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Governor may, in his discretion, direct that an investigation and any necessary studies be commenced by the Director of Public Safety, or his delegate, who shall make a report thereon together with his recommendations as to whether the Board, hereinafter provided for, should revoke the authority of the applicable local county or municipal governing authorities to employ speed detection devices for the purpose of enforcing the traffic laws of this State and all such local ordinances. Revocation of permits. Section 9. Upon the receipt of the report of the Director accompanied by his recommendation, the Governor shall furnish a copy of such report to the local authorities affected thereby, together with a notice of hearing on the allegations of the report made by the Director of Public Safety, or his delegate. Such hearing may be held at such time and place as may be determined by the Governor, but shall not be held less than ten days after notice to the local governing authorities. Said hearing shall be conducted before a Board to be composed of the Governor, the Secretary of State and the Attorney General, who shall receive no other additional compensation for their services thereon. Same. Section 10. Upon a determination by the Board that a county or municipality against which a complaint has been brought is employing such speed detection devices for the collection of revenue rather than for purposes of public safety, the Governor shall issue his executive order directing the Director of Public Safety to revoke the permit of the county or municipality to employ speed detection devices within its jurisdiction, and the Director shall forthwith revoke such permit. It shall be unlawful for such speed detection devices to be used in any municipality or county for which a permit for such use has not been issued, or for which such a permit has been revoked and not reissued, and it shall be unlawful for any official of such county or municipality to order such speed detection devices to be used. It shall also be unlawful for any law enforcement officer of any such county or municipality to use any such speed detection devices. Any such official or law enforcement officer violating the aforesaid provisions

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shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor. Same. Section 11. At the expiration of six months after any permit has been revoked, the governing authority of any such municipality or county may, upon a change of circumstances being shown to the Governor, petition the Governor for a reconsideration of whether such municipality or county should be permitted to use speed detection devices within their jurisdiction. Reconsideration. Section 12. The Governor, in his discretion, may direct the Director of Public Safety, or his delegate, to inquire into such change of circumstances and report the same to him together with any recommendations he might have. The Governor, in his discretion, may order a new hearing on the matter before the Board or may, without hearing, issue his order directing the Director of Public Safety to grant a permit to such a county or municipality to use speed detection devices. If a county or municipality shall not be granted a permit to use such devices, they shall not apply for a rehearing until the expiration of six months. Same. Section 13. No speeding violation of less than ten miles per hour above the legal speed limit in the county or municipality in which a person is given a speeding ticket shall be used by the Department of Public Safety for the purpose of revoking the driver's license of the violator. No speeding violation report by counties and municipalities to the Department of Public Safety which fails to specify the speed of the violator shall be used by the Department of Public Safety to revoke the driver's license of a violator. Revocation of drivers' licenses. Section 14. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 27, 1968.

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SUSPENSION OF MOTOR VEHICLE OPERATORS LICENSES. No. 938 (House Bill No. 881). An Act to establish a violation point system for the assessment of points for all of the various moving traffic violations occurring within or without the State of Georgia which are committed by holders of Georgia driver's licenses; to establish points for all violations; to provide for pleas of nolo contendere; to provide for the suspension of driver's licenses for persons accumulating a certain violation point count; to provide for the reduction of the violation point count upon the reinstatement of licenses; to provide notice to licensees upon the accumulation of a certain violation point count; to provide the requirements and procedures for the reinstatement of the driver's licenses after suspension; to provide for a hearing for persons whose license has been suspended; to require the reporting of the final disposition of all moving traffic violations; to provide that points shall be removed from the record of the licensee under certain circumstances; to amend an Act relating to the giving of security by owners and operators of certain motor vehicles, approved February 21, 1951 (Ga. L. 1951, p. 565) as amended, so as to delete therefrom the requirement that a driver's license be suspended upon the third violation of a hazardous motor vehicle law within twelve (12) months and the requirement that the license be suspended upon the accumulation of certain offenses; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Director of the Department of Public Safety shall establish a violation point system whereby points shall be assessed for all of the various moving traffic violations occurring within or without the State of Georgia which are committed by holders of Georgia driver's licenses. The term violation as herein used shall mean a conviction, plea of guilty, forfeiture of bond, or plea of

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nolo contendere only as is provided for in section 2, to any charge involving a moving traffic violation. Point system. Section 2. The points to be assessed for each offense shall not exceed the following schedule: Exceeding the speed limit by 25 miles per hour or more6 points. Points. Exceeding the speed limit by more than 10 miles per hour, but less than 25 miles per hour3 points. Exceeding the speed limit by not more than 10 miles per hour, except in a school zone, no points, but if in a school zone2 points. Unlawful passing of a school bus6 points. Any moving violation resulting in an accident4 points. Improper passing on hill or curve4 points. Disobedience of any traffic control device3 points. Disobedience of any traffic officer3 points. All other moving traffic violations2 points. Upon the second or subsequent plea of nolo contendere to any moving traffic violation, the driver shall receive an assessment of the violation points for such offense as provided for above. Section 3. The Director shall suspend the driver's license for a period of not more than one year of any person who has accumulated a violation point count of 15 or more points in any consecutive 18 month period. Upon the reinstatement of the license, the violation point count of such person shall be reduced to six. If no additional violation points are accumulated by such person within the 12 months subsequent to the reinstatement, the violation point count shall be reduced to zero. Suspension, etc.

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Section 4. The Director shall notify any licensee when his record reveals an accumulation of a violation point count which equals or exceeds one-half of the points necessary to require a suspension of his driver's license under the provisions of this Act. Said notice shall be in such form as the Director shall determine, but shall give ample warning to the licensee that continued violations might result in the suspension of his driver's license. This section shall not be construed to require the sending and receipt of such notice as a condition precedent to the suspension of the driver's license. Notices, etc. Section 5. (a) The Director may after the expiration of 30 days from the effective date of the suspension (60 days in those cases involving a second or subsequent suspension) reinstate the license of an operator whose license has been suspended under the above provisions if the operator shall qualify as a self-insurer or produce evidence for the Director that he has obtained a policy of liability insurance in accordance with the provisions of section 7A of an Act approved February 21, 1951 (Ga. L. 1951, p. 565), as amended, relating to the giving of security by owners and operators of certain motor vehicles and the revocation and suspension of certain driver's licenses. Reinstatement. (b) Any person whose license has been suspended under the provisions of this Act shall be entitled to a hearing as provided in section 2 of an Act approved February 21, 1951 (Ga. L. 1951, p. 565) as amended. Section 6. (a) Every judge of a court, except judges of juvenile courts who exercise jurisdiction over traffic cases shall keep or cause to be kept a record of every traffic complaint, traffic citation, or other legal form of traffic charge deposited with or presented to said court or its traffic-violations bureau, and shall keep a record of every official action by said court or its traffic-violations bureau in reference thereto, including but not limited to a record of every conviction, forfeiture of bond, or plea entered to every said traffic complaint or citation deposited with or presented to said court or traffic-violations bureau. Court records, etc.

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(b) Within 30 days of the last day of the month in which a conviction occurred, a plea of guilty of nolo contendere was entered, or bail was forfeited to a charge of violating any law or ordinance regulating the operation of vehicles upon the public highways and streets, every judge or clerk of the court in which such conviction occurred, plea was entered or bail was forfeited shall prepare and immediately forward to the Department of Public Safety an abstract of the record of said court covering such case which abstract must be certified by the person so required to prepare the same to be true and correct. A report need not be made of any conviction involving the illegal parking or standing of a vehicle. (c) Said abstract shall be made upon a form furnished by the Department and shall include the name and address of the party charged, the number, if any, of his operator's or chauffeur's license, the registration number of the vehicle involved, the nature of the offense, the date of hearing, the plea, the judgment, or whether bail forfeited, the sentence of the court and the amount of the fine or forfeiture, as the case may be. (d) The Director shall pay to the clerk or such other person furnishing the report to the Department the sum of twenty-five cents for each report of a violation. Section 7. The provisions of this Act as they pertain to the authority of the Director to suspend driver's licenses are cumulative and supplemental to any other powers, duties and responsibilities of the Director in relation thereto. Intent. Section 8. An Act relating to the giving of security by owners and operators of certain motor vehicles and the revocation and suspension of certain driver's licenses approved February 21, 1951 (Ga. L. 1951, p. 565), as amended, is hereby amended by striking from the first paragraph of section 7A the following: Upon third offense of violation of hazardous Motor Vehicle Laws of the State of Georgia, other than those offenses

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specified herein, within a period of twelve (12) months, which are subsequently disposed of as set forth in the first paragraph of this section; (7). Repealed. Section 9. In all cases where the Governor issues an executive order pursuant to an Act approved April 9, 1963 (Ga. L. 1963, p. 461) suspending the power of a county or municipality from enforcing speed limits within their jurisdictions as provided in said Act, any points accumulated under the provisions of this Act for violations occurring in such county or municipality during the period of said suspension and at all times prior thereto shall be removed from the record of the licensee. Provided, however, the provisions of this section shall not apply to any points accumulated as a result of any arrest made by any member of the Department of Public Safety or by any person enforcing traffic regulations under the supervision of said department. Removal of points. Section 10. An Act relating to the giving of security by owners and operators of certain motor vehicles and the revocation and suspension of certain driver's licenses approved February 21, 1951 (Ga. L. 1951, p. 565), as amended, is hereby amended by repealing in its entirety section 7B. Repealed. Section 11. The provisions of this Act shall become effective on May 1, 1969. Effective date. Section 12. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 27, 1968. PRACTICE AND PROCEDUREWITNESS FEES OF PEACE OFFICERS. No. 939 (House Bill No. 886). An Act to amend an Act comprehensively revising the laws relating to subpoenas and other like processes and

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providing for the attendance of witnesses and the fees thereof, approved March 15, 1966 (Ga. L. 1966, p. 502), so as to provide for the payment of fees to any member of the Georgia State Patrol, Georgia Bureau of Investigation, municipal or county police force or any deputy sheriff attending the courts enumerated having jurisdiction to enforce penal laws of this State or attending any grand jury or juvenile court; 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. An Act comprehensively revising the laws relating to subpoenas and other like processes and providing for the attendance of witnesses and the fees thereof, approved March 15, 1966 (Ga. L. 1966, p. 502), is hereby amended by adding at the end of section 1 a new subsection to be known as (h), which reads as follows: (h) Notwithstanding any other provision in this Act, any member of the Georgia State Patrol, Georgia Bureau of Investigation, municipal or county police force or any deputy sheriff, who shall be required by writ of subpoena to attend any superior court, other courts having jurisdiction to enforce the penal laws of this State, municipal or police court having jurisdiction to enforce the penal laws of this State as provided by section 1 of an Act approved February 16, 1938 (Ga. L. 1937-38, Ex. Sess., p. 558), juvenile court, or grand jury, as a witness on behalf of the State during any hours except the regular duty hours to which said officer is assigned shall be paid for such attendance at a rate fixed by the court but not less than the per diem paid grand jurors in the preceding term of the superior court of such county but not in excess of $8.00 per diem. 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.

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The Director of the Georgia Bureau of Investigation, commanding officer of the State Patrol, the chief of police or sheriff 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 by the governing body authorized to dispense public funds for the operating of such court. 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 27, 1968. THE DRIVER TRAINING SCHOOL LICENSE ACT. No. 940 (House Bill No. 967). An Act to regulate driver training schools; to provide for their licensing and licensing of an instructor of a school; to provide for qualifications, insurance requirements, bond requirements, the renewal of licenses, registration fees and disposition of the moneys received; to provide for penalties for violations; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Definitions . The following words and phrases when used in this Act shall, unless the content otherwise requires, have the meanings respectively ascribed to them in this section: (a) Motor vehicle Every vehicle which is self-propelled upon or by which any person or property is or may be

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transported or drawn upon a public highway except devices used exclusively upon stationary rails or tracks. (b) Driver training schools Any person, partnership or corporation giving driving instruction to ten (10) or more persons per calendar year for the purpose of meeting requirements for licensed driving of motor vehicles in Georgia. (c) Person Every natural person, firm, copartnership, association, corporation, or school. (d) Department The State Department of Public Safety acting directly or through its duly authorized officers and agents. (e) Driver's license examiners Examiners appointed by the Department of Public Safety for the purpose of giving driver's license examinations. Section 2. No person shall operate a driver training school or engage in the business of giving instruction for hire in the driving of motor vehicles or in the preparation of an applicant for examination given by driver's license examiners for a driver's license or permit, unless a license therefor has been secured from the department. License. Section 3. Every person in order to qualify to operate a driving school shall meet the following requirements: (a) Be of good moral character. (b) Maintain an established place of business to the public. Qualifications. (c) Maintain bodily injury and property damage liability insurance on motor vehicles while used in driving instruction, insuring the liability of the driving school, the driving instructors and any person taking instruction in at least the following amounts: One hundred thousand dollars ($100,000) for bodily injury to or death of one person in any one accident and, subject to said limit for one person,

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two hundred thousand dollars ($200,000) for bodily injury to or death of two (2) or more persons in any one accident and the amount of twenty thousand dollars ($20,000) for damage to property of others in any one accident. Evidence of such insurance coverage in the form of a certificate from the insurance carrier shall be filed with the department, and such certificate shall stipulate that the insurance shall not be canceled except upon ten (10) days prior written notice to the department. Such insurance shall be written by a company authorized to do business in this State. (d) Provide a continuous surety company bond in the principal sum of two thousand, five hundred dollars ($2,500) for the protection of the contractual rights of students in such form as will meet with the approval of the department and written by a company authorized to do business in this State. However, the aggregate liability of the surety for all breaches of the condition of the bond in no event shall exceed the principal sum of two thousand, five hundred dollars ($2,500). The surety on any such bond may cancel such bond on giving thirty (30) days notice thereof in writing to the department and shall be relieved of liability for any breach of any condition of the bond which occurs after the effective date of cancellation. (e) Have the equipment necessary to the giving of proper instruction in the operation of motor vehicles as prescribed by the department. (f) Pay to the department an application fee of twenty-five dollars ($25). Section 4. Every person in order to qualify as instructor for a driving school shall meet the following requirements: (a) Be of good moral character. (b) Must present to the department evidence of credit in driver education and safety from an accredited college

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or university equivalent to credits in those subjects which are required of instructors in the public schools of Georgia. Instructors. (c) Be physically able to operate safely a motor vehicle and to instruct others in the operation of motor vehicles. (d) Hold a valid driver's license. (e) Pay to the department an application fee of five dollars ($5). Section 5. (a) The department shall issue a license certificate to each applicant to conduct a driver training school or to each driver training instructor when the department is satisfied that such person has met the qualifications required under this Act. (b) All outstanding licenses issued to any driver training school or driver training instructor pursuant to the provisions of this Act, shall expire as a matter of law at midnight on September 30 of the calendar year for which the license was issued and must be renewed annually, unless sooner canceled, suspended or revoked under the provisions of section 7 of this Act. Licenses. (c) The license of each driver training school and each driver training instructor may be renewed subject to the same conditions as the original license, and upon payment of the same fee. (d) All applications for renewal of a driver training school license or driver training instructor's license shall be on a form prescribed by the department, and must be filed with the department not more than sixty (60) days, nor less than ten (10) days preceding the expiration date of the license to be renewed. Section 6. The department is authorized to prescribe by rule standards for the eligibility, conduct, equipment, and operation of driver training schools and instructors and to adopt other reasonable rules and regulations to carry out the provisions of this Act. Rules.

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Section 7. The department may cancel, suspend, revoke, or refuse to renew any driver training school or driver training instructor's license, upon good cause being shown and after 10 days notice to the license holder: Revocation of licenses. (a) When the department is satisfied that the licensee fails to meet the requirements to receive or hold a license under this Act. (b) Whenever the licensee fails to keep the records required herein. (c) Whenever the licensee permits fraud or engages in fraudulent practices either with reference to the applicant or the department, or induces or countenances fraud or fraudulent practices on the part of any applicant for a driver's license or permit. (d) Whenever the licensee fails to comply with any provision of this Act or any rules of the department made pursuant thereto. (e) Whenever the licensee represents himself as an agent or employee of the department or licensed examiners or uses advertising designed to lead or which would reasonably have the effect of leading persons to believe that such licensee is in fact an employee or representative of the department or license examiners. (f) Whenever the licensee or any employee or agent of the licensee solicits driver training or instruction in an office of any department of the State having to do with the administration of any law relating to motor vehicles. (g) Whenever the licensee or any employee or agent, serving as a driver training instructor, has had his license canceled, suspended, or revoked. Section 8. All moneys received under this Act shall be deposited with the State Treasurer. Funds.

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Section 9. Any person violating any provision of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor. Crimes. Section 10. This Act shall not apply to an accredited elementary school, secondary school, junior college or college conducting a driver training course, nor shall it apply to driver improvement schools operated by this State, a county or a municipality thereof. Exemptions. Section 11. This Act may be cited as The Driver Training School License Act. Short title. Section 12. This Act shall be effective on October 1, next succeeding its passage and approval by the Governor, or its otherwise becoming a law. Effective date. Section 13. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 27, 1968. GEORGIA FIREMEN'S PENSION FUND ACT AMENDED. No. 941 (House Bill No. 1010). 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 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

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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), an Act approved April 2, 1963 (Ga. L. 1963, p. 266), and an Act approved March 7, 1966 (Ga. L. 1966, p. 242), so as to change the amount of monthly pension benefits; to provide an effective date; to provide for benefits; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to provide revenue and a source of revenue for the purpose of paying pensions to the firemen of the State of Georgia; to provide for a board of trustees to receive and disburse such funds; to provide a secretary-treasurer; to provide the powers and duties of such board; to provide for the payment of pensions; to provide for refunds and repayments to persons who may be entitled to receive same; to define words and phrases; to repeal conflicting laws; and for other purposes., 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), an Act approved April 2, 1963 (Ga. L. 1963, p. 266), and an Act approved March 7, 1966 (Ga. L. 1966, p. 242), 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. Those firemen or volunteer who are now serving as such shall make application through the board for membership in said fund within six (6) months from the approval of this Act. All those persons who subsequently become firemen or volunteer firemen shall make application for membership in such fund within four (4) months from the date of becoming such firemen or volunteer firemen. Each eligible fireman or volunteer fireman shall pay to the secretary-treasurer of the board the sum of five ($5.00) dollars each month not later than the 10th day of each month. Any member who becomes six (6)

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months behind in making said payment shall be removed from membership in the fund, and shall never be entitled to receive any pension or benefits whatsoever under this Act. Membership. Section 2. Said Act is further amended by striking section 5A in its entirety and substituting in lieu thereof a new section 5A, to read as follows: Section 5A. (a) Any member of the fund who leaves his work as a fireman or volunteer fireman and who, at such time, is in good standing with the fund, and who elects to leave in the fund dues which he has theretofore paid, shall be entitled to receive credit for those years of eligible service which he had at the time he left such work, if he later returns to work as a fireman or volunteer fireman and begins paying dues to the fund. Continued membership, etc. (b) Any member who withdraws the money which he has paid into the fund while still a fireman or volunteer fireman shall be allowed six (6) months in which to make proper application to the board for reinstatement of membership in the fund, and he must pay to the secretary-treasurer all the money so withdrawn, with interest at the rate of six (6) per cent per annum from the date of such withdrawal, plus the dues which he would have been required to pay had he remained a member of the fund from the date of the withdrawal to the date of his reinstatement, with interest thereon at the rate of six (6) per cent per annum. (c) Any member who withdraws the amount which he has paid while serving as a fireman or volunteer fireman and who fails to meet the requirements of reinstatement provided in this paragraph, shall forfeit all rights to receive credit for previous years' service in the event he shall at some future date be entitled to membership in the fund. (d) In the event a member leaves his work as a fireman or volunteer fireman and withdraws the money which he has paid into the fund, and in the future once again becomes

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a fireman or volunteer fireman, he shall be eligible to once again become a member of the fund and receive credit for previous years' service if he pays to the secretary-treasurer all the money withdrawn, with interest thereon at the rate of six (6) per cent per annum. If he fails to pay such amount with interest, he shall be considered as a new member. (e) In no event shall a member be allowed more than two (2) withdrawals and two (2) reinstatements. (f) Any member who withdraws his contributions from the fund and continues to work for a fire department or volunteer fire department more than six months after withdrawal shall not be eligible for membership in the fund. (g) Any fireman or volunteer fireman who shall be granted a bona fide leave of absence for any reason shall not be entitled to receive credit for the time spent on such leave of absence; upon his return to active service as a fireman or volunteer fireman, he shall be allowed to continue making payments to the fund. Section 3. Said Act is further amended by striking section 5B in its entirety and substituting in lieu thereof a new section 5B to read as follows: Section 5B. Firemen and volunteer firemen who were serving as such when the system was instituted and failed to become members of the system, or those who became members and have since withdrawn, or who have since been employed by a fire department and failed to become a member of the system within the time prescribed by law and now desire to become a member of the system are hereby authorized to apply for membership therein, subject to the following conditions: Members. (1) Said firemen and volunteer firemen shall make application for membership upon a form to be furnished by the fund, to be sworn to before a notary public, and in addition thereto shall furnish a physician's certificate showing

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the true physical condition of the applicant. The Board of Trustees of said fund may order a reexamination of any applicant for membership in the fund by another physician at any time. The Board is hereby authorized and empowered to pass upon and determine the eligibility of all applicants for membership. The cost of such reexamination shall be paid by the Georgia Fireman's Pension Fund. (2) The application form shall provide a space for the chief of the fire department or city clerk to certify under oath as to the creditable service of the applicant. (3) Applications under this provision shall be accompanied by check, money order or cash in an amount equal to a contribution of five ($5.00) dollars per month from July 1, 1955, or from the date on which applicant first became eligible to apply for membership in the fund, together with simple interest thereon at the rate of six (6) per cent per annum, as shown by a prepared table furnished by the fund. (4) No fireman or volunteer fireman fifty (50) years or older shall be eligible to apply for membership in the fund unless such fireman or volunteer fireman shall have at least fifteen years of creditable service as a fireman or volunteer fireman. (5) Application for membership in the fund from those persons qualifying hereunder will be received from September 1 through October 31, 1968, after which date no delinquent application will be received. (6) Those firemen and volunteer firemen admitted to the fund under this Act shall not be eligible for retirement or disability benefits under the fund until they have completed not less than two (2) years of continuous creditable service from the date of admission to the fund. Section 4. Said Act is further amended by striking section 7 in its entirety and substituting in lieu thereof a new section 7 to read as follows:

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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, upon application to the board and approval thereof by the board, shall be retired upon monthly pension of one hundred ($100.00) dollars. Provided that any fireman or volunteer fireman retiring after twenty-five (25) years of service, but before reaching the age of sixty (60) years, may cease his monthly five ($5.00) dollar payment to the fund, and upon reaching the age of sixty (60) years, and being otherwise eligible, he shall be paid a pension of one hundred ($100.00) 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 ($5.00) dollars 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 for a pension hereunder if retired from any fire department prior to the approval of this Act. Retirement. Section 5. Said Act is further amended by striking section 7-A in its entirety and substituting in lieu thereof a new section 7-A to read as follows: Section 7-A. (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 one hundred ($100.00) 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. Disability retirement. (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

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respiratory disease, shall be entitled to receive benefits in the amount of one hundred ($100.00) 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 disability. Section 6. This Act shall become effective on April 1, 1968. Effective date. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 27, 1968. COUNTIES AND COUNTY MATTERSAUTHORITY OF GOVERNING AUTHORITIES. No. 942 (House Bill No. 1547). An Act to provide that the governing authorities of the various counties shall have the authority to expend county funds for the purpose of employing personnel and furnishing equipment to assist the various county officers, officials and departments in discharging the responsibilities of their respective offices; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The governing authorities of the various counties shall have the authority to expend county funds for the purpose of employing such additional temporary personnel and providing equipment and supplies as in their respective judgements shall be necessary and advisable in order that such personnel and equipment might assist any county officer, official or department in discharging their duties and responsibilities in an efficient and orderly fashion. Nothing contained within this Act shall be construed

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so as to abrogate the authority of such officers and officials to select the personnel which shall be employed within their respective offices and departments. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 27, 1968. UNIFORM ACT REGULATING TRAFFIC ON HIGHWAYS AMENDEDDRIVING OR OPERATING UNDER INFLUENCE OF INTOXICANTS. No. 943 (Senate Bill No. 120). An Act to amend an Act entitled Uniform Act Regulating Traffic on the 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), and an Act approved February 28, 1966 (Ga. L. 1966, p. 70), so as to provide that it shall be unlawful for any person to drive, operate or be in actual physical control of any vehicle while under the influence of intoxicating liquor; to provide for the chemical analysis of a defendant's blood or breath in order to determine the alcoholic content thereof; to provide for certain presumption concerning the amount of alcohol found in a defendant's bloos; to provide for those persons who may conduct an analysis of such blood and breath specimens; to provide for those persons who may withdraw blood specimens; to provide that information concerning the chemical analysis of the defendant's blood shall be made available to him; to provide that it shall be unlawful for persons under the influence of certain drugs to drive or operate a vehicle; to provide penalties for persons convicted of operating, driving, or being in physical control of a vehicle while under the influence of intoxicating liquors or drugs; to provide that it shall be the duty of the solicitor generals to seek indictments of persons involved in accidents which cause the death of third parties

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when a violation of the foregoing offenses is the proximate cause of the death of the deceased; to provide that operators and drivers of motor vehicles impliedly consent to a chemical analysis of their blood or breath specimen for the purpose of determining the alcoholic content of a driver suspected of driving or operating a vehicle while under the influence of intoxicating beverages or drugs; to provide the procedures connected therewith; to provide for the suspension of the driver's license of those persons who fail to submit to proper chemical analysis; to provide the procedure connected therewith; to provide that persons accused of driving under the influence of intoxicating liquors shall be entitled to a chemical analysis of their blood or breath under certain conditions; to provide for the payment and cost of such tests; to provide the procedure connected with all of the foregoing matters; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. 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), and an Act approved February 28, 1966 (Ga. L. 1966, p. 70), is hereby amended by striking section 47 in its entirety and inserting in lieu thereof a new section 47 to read as follows: Section 47. Persons Under the Influence of Intoxicating Liquor or Drugs . (a) It shall be unlawful and punishable as provided in subsection (g) of this section for any person who is under the influence of intoxicating liquor to drive, or operate any vehicle within this State. (b) Upon the trial of any person accused of violating subsection (a) of this section, evidence as to the amount of alcohol in the defendant's blood at the time of the alleged offense as shown by a chemical analysis of the defendant's blood or breath shall be admissible as competent evidence bearing upon the question of whether the person

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was under the influence of intoxicating liquor and shall give rise to the following presumptions: (1) If there was at that time 0.05 per cent or less by weight of alcohol in the defendant's blood, it shall be presumed that the defendant was not under the influence of intoxicating liquor. (2) If there was at that time in excess of 0.05 per cent but less than 0.10 per cent by weight of alcohol in the defendant's blood, such fact shall not give rise to any presumption that the person was or was not under the influence of intoxicating liquor, but such fact may be considered with other competent evidence in determining whether the defendant was under the influence of intoxicating liquor. (3) If there was at the time 0.10 per cent or more by weight of alcohol in the defendant's blood, it shall be presumed that the defendant was under the influence of intoxicating liquor. (4) Per cent by weight of alcohol in the blood shall be based upon milligrams of alcohol per one hundred cubic centimeters of blood. (5) The foregoing provisions of subsection (b) shall not be construed as limiting the introduction of any other competent evidence bearing upon the question whether the person was under the influence of intoxicating liquor. (6) The result of any such test shall not be admissible in evidence against the defendant, and no record thereof shall be preserved, and no notation of the result of the test shall be made on the driver's license of the person tested, if the test does not indicate that there was, at the time of the test 0.10 percent or more by weight of alcohol in the blood of the person tested. (c) Chemical analyses of the defendant's blood or breath to be considered valid under the provisions of this section shall have been performed according to methods approved by the State Crime Laboratory and by an individual possessing

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a valid permit issued by the State Crime Laboratory for this purpose. The State Crime Laboratory is authorized to approve satisfactory techniques or methods to ascertain the qualifications and competence of individuals to conduct such analyses and to issue permits which shall be subject to termination or revocation at the discretion of the State Crime Laboratory. (d) Only a licensed physician, registered nurse, medical examiner, or ASCP certified or qualified medical or laboratory technician or aide may withdraw blood for the purpose of determining the alcoholic content therein. This limitation shall not apply to the taking of breath specimens. (e) Upon the request of the person who shall submit to a chemical test or tests at the request of a law enforcement officer, full information concerning the test or tests shall be made available to him or his attorney. (f) It is unlawful and punishable as provided in subsection (g) of this section for any person who is under the influence of any narcotic drug, or who is under the influence of any other drug to a degree which renders him incapable of safely driving or operating a vehicle, to drive or operate a vehicle within this State. The fact that any person charged with a violation of this subsection is or has been entitled to use such drugs under the laws of this State shall not constitute a defense against any charge of violating this subsection; provided, however, it shall be the duty of the arresting officer, if it shall become necessary to incarcerate a person suspected of violating the provisions of this subsection, to summon, as soon as possible, a licensed physician to examine the party so apprehended. The expense of such examination shall be borne by the court having jurisdiction of said alleged offense. (g) Every person who shall be convicted of a violation of this section shall be guilty of a misdemeanor and, except as otherwise provided for herein, shall be punished as for a misdemeanor. (1) Those persons who are convicted of violating this section for the first time shall have their drivers' license

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suspend for a period of at least 30 days and shall receive such other punishment as the judge shall deem appropriate. (2) Those persons who are convicted of violating this section for the second time within a period of three years may be sentenced to imprisonment for a period of at least 15 days, shall have their drivers' license suspended for a period of at least six months and shall receive such other punishment as the judge shall deem appropriate. (3) Those persons who are convicted of violating this section for the third or more times within a period of three years shall be sentenced to imprisonment for a period of at least 30 days, shall have their drivers' license suspended for a period of at least three years and shall receive such other punishment as the judge shall deem appropriate. (4) Notwithstanding the foregoing provisions of this subsection, if a person convicted of vilating this section shall be less than 21 years of age, and the conviction is the second for violating the provisions of this section, the judge shall suspend such person's driver's license until he shall reach 21 years of age, or for a period of two years, whichever is greater, and impose such other punishment as he shall deem appropriate. Section 2. Said Act is further amended by adding immediately after section 47 a new section to be designated Section 47A, to read as follows: Section 47A. Implied Consent to Chemical Tests. (a) Any person who drives or operates a motor vehicle upon a public road or highway of this State shall be deemed to have given his consent to a chemical test, administered pursuant to the provisions of section 47, of his blood or breath for the purpose of determining the alcoholic content of his blood if lawfully arrested for any offense allegedly committed while the person was driving or operating a vehicle under the influence of intoxicating liquor. No person shall be required to take a blood test if he objects thereto, and in such case such person shall be given a breath test. If such persons shall be minors, their parents

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or guardians shall also be deemed to have given such consent. The test shall be incidental to a lawful arrest and administered at the direction of a law enforcement officer having reasonable cause to believe such person was driving or operating a motor vehicle upon a public road or highway while under the influence of intoxicating liquor. Such person shall be informed by the arresting officer that his failure to submit to such a chemical test will result in the suspension of his privilege to operate a vehicle for a period of six months. (b) If any such person refuses the request of a law enforcement officer to submit to a chemical test, the Department of Public Safety, upon receipt of the sworn statement of a law enforcement officer to the effect that he had reasonable cause to believe that such person had been driving or operating a motor vehicle upon a public road or highway while under the influence of intoxicating liquor and that the person had refused to submit to the test after being requested by the law enforcement officer, shall suspend his license to operate a motor vehicle for a period of six months. No such suspension shall become effective until ten days after the giving of written notice thereof as provided for in subsection (c). (c) The Department of Public Safety shall immediately notify such person in writing of the proposed action to be taken. Within 15 days of the receipt by the department of the person's request in writing, the department shall afford him an opportunity for a hearing in the same manner and under the same conditions as provided in the Georgia Administrative Procedure Act, approved March 10, 1964 (Ga. L. 1964, p. 338), as the same may now or may hereafter be amended. For the purposes of this section, the scope of the hearing shall cover the issues of whether the law enforcement officer had reasonable cause to believe the person had been driving or operating a motor vehicle upon a public road or highway while under the influence of intoxicating liquor, whether the person was placed under arrest, whether he refused to submit to the test after being requested to do so by a law enforcement officer, and whether, except for the persons described in subsection (a)

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above who are incapable of refusing, he had been informed by the arresting officer that his driving privilege would be suspended if he refused to submit to the test. An application for a hearing made by the affected person within ten days of receiving notice of the proposed action of the Department of Public Safety shall operate to stay the suspension by the department for a period of fifteen days during which time the department must afford a hearing. If the department fails to afford a hearing within fifteen days, the suspension shall not take place until such time as the person is granted a hearing and is notified of the department's action as hereinafter provided. However, if the affected person requests that the hearing be continued to a date beyond the fifteen-day period, the suspension shall become effective immediately upon receipt of the department's notice that said request for continuance has been granted. If the department determines upon a hearing of the matter to suspend the affected person's license to operate a motor vehicle, the suspension herein provided for shall not become effective until five days after receipt by said person of the department's notification of such suspension. (d) Any person who is afflicted with hemophilia shall be exempt from the blood specimen test required by this section. (e) Any person who is afflicted with a heart condition and is using an anticoagulant under the direction of a physician or surgeon shall be exempt from the blood specimen test required by this section. (f) Only a licensed physician, registered nurse, medical examiner or ASCP certified medical or laboratory technician or aide acting at the request of a law enforcement officer may withdraw blood for the purpose of determining the alcoholic content therein. This limitation shall not apply to the taking of breath speciments. Only those persons provided for in subsection (c) of section 47 shall conduct the appropriate tests to determine the alcoholic content thereof.

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(g) 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 or breath test to determine the amount or weight of alcohol in his blood. It is mandatory upon the officials in whose custody he shall have been placed after arrest to have a blood or breath specimen taken for the purpose of determining the amount of alcohol in the person's blood, if the facilities for obtaining such available in the county of his confinement, and to have said specimen analyzed according to the procedures provided therefor by this section. The costs of such test shall be borne by the jurisdiction having custody of such arrested person. (h) No licensed physician, registered nurse, medical examiner, or ASCP certified medical or laboratory technician or aide shall incur any civil or criminal liability as a result of the proper obtention of such specimens for the purpose of determining the alcoholic content thereof when requested in writing by a law enforcement officer to administer such a test. Section 3. All convictions and pleas of nolo contendere for violations of this law on second and subsequent offenses in any court of this State shall be promptly reported by said court to the Georgia Department of Public Safety. Any person who wilfully fails to make such reports shall be guilty of a misdemeanor. Reports. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 27, 1968. GRIFFIN JUDICIAL CIRCUITSALARY OF SOLICITOR GENERAL. No. 944 (House Bill No. 1227). An Act to amend an Act entitled An Act to create a new judicial circuit for the State of Georgia, to be called the

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Griffin Circuit, and to be composed of the counties of Spalding, Pike, Upson, and Fayette; to provide officers therefor, to fix the terms of court in the several counties of said circuit; to provide when this Act shall take effect, and for other purposes, approved August 17, 1923 (Ga. L. 1923, p. 681), as amended, by an Act approved February 25, 1949 (Ga. L. 1949, p. 1296), and an Act approved March 10, 1964 (Ga. L. 1964, p. 321), so as to fix the compensation of the solicitor general of the Griffin Judicial Circuit, by fixing the salary of the solicitor general of the Griffin Judicial Circuit at a certain amount per annum, to wit: Nine thousand three hundred ($9,300.00) dollars per annum; to provide the manner in which the said salary is to be paid; to provide when this Act is to take effect; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to create a new judicial circuit for the State of Georgia, to be called the Griffin Circuit, and to be composed of the counties of Spalding, Pike, Upson, and Fayette; to provide officers therefor, to fix the terms of court in the several counties of said circuit; to provide when this Act shall take effect, and for other purposes, approved August 17, 1923 (Ga. L. 1923, p. 68), as amended, by an Act approved February 25, 1949 (Ga. L. 1949, p. 1296), and an Act approved March 10, 1964 (Ga. L. 1964, p. 321), is hereby amended by striking section six (6) in its entirety and inserting in lieu thereof a new section to be known as section six (6), to read as follows: Section 6. The solicitor general of the said Griffin Judicial Circuit selected and commissioned as provided in section four (4) of said Act and his successors in office, shall have as such solicitor general all the powers and jurisdiction and perform all the duties as other solicitors general of this State; and The compensation of the solicitor general of the Griffin Judicial Circuit shall be nine thousand three hundred ($9,300.00)

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dollars per year in addition to the constitutional salary of two hundred fifty ($250.00) dollars per year provided for in the Constitution and paid by the State of Georgia; and in addition to any expense allowance provided for by law and paid to the solicitors general of the State of Georgia by said State, the said compensation and salary of nine thousand three hundred ($9,300.00) dollars to be paid monthly by the several counties composing the Griffin Judicial Circuit in proportion to and prorated according to the populations of said counties as shown by the United States census of 1960 out of the general treasuries of the various counties composing said circuit in the following proportions and amounts according to population, as shown by 1960 census, to wit: Spalding County shall pay the sum of three hundred sixty-four and twenty-five hundredths ($364.25) dollars per month; Pike County shall pay the sum of seventy-seven and fifty hundredths ($77.50) dollars per month; Upson County shall pay the sum of two hundred forty-eight and no hundredths ($248.00) dollars per month; and Fayette County shall pay the sum of eighty-five and twenty-five hundredths ($85.25) dollars per month. And it is hereby made the duty of the ordinary, or county commissioners, having control of county affairs, to provide by taxation, or otherwise, sufficient funds to pay the portion of said salary assessed against each of said counties, and to pay the same as in this Act provided; and the said salary of said solicitor general is hereby made and declared to be a part of the expenses of courts, and the power to levy a tax to provide funds to pay the same is hereby delegated to said county authorities. All fees, costs and other compensation (except as herein provided for, and fees collected under the Uniform Reciprocal Enforcement of Support Act) of the solicitor general, shall be collected by him and shall be by him paid into the county treasurer of the county in which the same was collected, and shall become a part of the general funds of said counties; provided that said funds may be used by the county authorities to pay the salary of the solicitor general, and further, that the payment of such salary may be enforced by the judge of the superior court of said circuit

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out of said fees, costs, and funds, if the county is delinquent in the payment of the same. Section 2. Nothing contained in this Act shall be construed as changing or intending to change the constitutional salary of two hundred fifty ($250.00) dollars per year which is paid by the State of Georgia, and nothing in this Act shall be construed as changing or intending to change the contingent expense allowance allowed solicitors general, which is paid by the State of Georgia. Section 3. This Act shall become effective on the date it is approved by the Governor of the State of Georgia. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. State of Georgia, County of Pike: Affidavit of Publisher. Personally appeared before me the undersigned officer authorized to administer oaths, Mrs. A. W. Quattlebaum, who after being duly sworn deposes and says: That she is editor and publisher of the Pike County Journal, of Zebulon, Georgia, said newspaper being the official organ of Pike County and the newspaper in which the sheriff's advertisements are printed and carried; and That the foregoing legislation to increase the salary of the solicitor general of the Griffin Judicial Circuit has been advertised in said Pike County Journal once a week for three weeks during a sixty (60) day period next preceding the introduction of said Bill in the General Assembly of Georgia, as required by the Constitution and laws of said State; and That the following is a copy of said advertisement in the form and manner in which the same was run as a legal advertisement as aforesaid:

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Notice of Intention to Introduce Local Legislation. Notice is hereby given that at the 1968 session of the General Assembly of Georgia there will be introduced legislation to amend an Act approved August 17, 1923, (Ga. L. 1923, p. 68, 69, 70, 71, and 72), entitled, An Act to create a new judicial circuit for the State of Georgia, to be called the Griffin Circuit, and to be composed of the counties of Spalding, Pike, Upson and Fayette; to provide officers therefor, to fix the terms of court in the several counties of said circuit; to provide when this act shall take effect, and for other purposes, as amended by an Act approved February 25, 1949, (Ga. L. 1949, p. 1296) and as amended by an Act approved March 10, 1964 (Ga. L. 1964, p. 321), for the purpose of increasing the salary of the solicitor-general of the Griffin Judicial Circuit. Said advertisement appeared on the 11th day of January, 1968, on the 18th day of January, 1968, and on the 25th day of January, 1968. This 27th day of January, 1968. Mrs. A. W. Quattlebaum, Editor and Publisher of the Pike County Journal. Georgia, Pike County: Personally sworn to and subscribed before me this 27th day of January, 1968. /s/ Richard T. Bridges, Notary Public, Pike County, Georgia. My Commission expires 5/10/70. State of Georgia, County of Spalding: Affidavit of Publisher. Personally appeared before me the undersigned officer authorized to administer oaths, Quimby Melton, who after being duly sworn deposes and says:

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That he is publisher of the Griffin Daily News, said newspaper being the official organ of Spalding County and being the newspaper in which the sheriff's advertisements are printed and carried; and That the foregoing legislation to increase the salary of the solicitor-general of the Griffin Judicial Circuit has been advertised in said Griffin Daily News once a week for three weeks during a period of sixty (60) days next preceding the introduction of said Bill in the General Assembly of Georgia, as required by the Constitution and laws of said State; and That the following is a copy of said advertising in the form and manner in which the same was run as a legal advertisement as aforesaid: Notice of Intention to Introduce Local Legislation. Notice is hereby given that at the 1968 session of the General Assembly of Georgia there will be introduced legislation to amend an Act approved August 17, 1923, (Ga. L. 1923, p. 68, 69, 70, 71, and 72), entitled, An Act to create a new judicial circuit for the state of Georgia, to be called the Griffin Circuit, and to be composed of the counties of Spalding, Pike, Upson and Fayette; to provide officers therefor, to fix the terms of court in the several counties of said circuit; to provide when this Act shall take effect, and for other purposes, as amended by an Act approved February 25, 1949, (Ga. L. 1949, p. 1296) and as amended by an Act approved March 10, 1964, (Ga. L. 1964, p. 321) for the purpose of increasing the salary of the solicitor-general of the Griffin Judicial Circuit. Said advertisement appeared on the 16th day of December, 1967, the 23rd day of December, 1967, and the 30th day of December, 1967. Quimby Melton, Publisher of the Griffin Daily News. Georgia, Spalding County:

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Personally sworn to and subscribed before me this 5th day of Jan., 1968. /s/ Thomas Lane, Notary Public, Spalding County, Georgia. My Commission expires Sept. 4, 1970. (Seal). State of Georgia, Fayette County: Affidavit of Publisher. Personally appeared before me the undersigned officer authorized to administer oaths, Jim Wood, who after being duly sworn deposes and says: That he is the editor and publisher of the Fayette County News, said newspaper being the official organ of Fayette County and being the newspaper in which the sheriff's advertisements are printed and carried; and That the foregoing legislation to increase the salary of the solicitor-general of the Griffin Judicial Circuit has been properly advertised in said Fayette County News once a week for three weeks during a sixty (60) day period next preceding the introduction of said Bill in the General Assembly of Georgia, as required by the Constitution and laws of said State; and That the following is a copy of said advertisement in the form and manner in which the same was run as a legal advertisement as aforesaid: Notice of Intention to Introduce Local Legislation. Notice is hereby given that at the 1968 session of the General Assembly of Georgia there will be introduced legislation to amend an Act approved August 17, 1923, (Ga. L. 1923, p. 68, 69, 70, 71, and 72) entitled, An Act to create a new judicial circuit for the State of Georgia, to be called the Griffin Circuit, and to be composed of the

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counties of Spalding, Pike, Upson and Fayette; to provide officers therefor, to fix the terms of court in the several counties of said circuit; to provide when this Act shall take effect, and for other purposes, as amended by an Act approved February 25, 1949, (Ga. L. 1949, p. 1296) and as amended by an Act approved March 10, 1964, (Ga. L. 1964, p. 321), for the purpose of increasing the salary of the solicitor-general of the Griffin Judicial Circuit. Said advertisement appeared on the 3rd day of January, 1968, on the 10th day of January, 1968, and on the 17th day of January, 1968. This 5th day of January, 1968. Jim Wood, editor and publisher of the Fayette County News. Georgia, Fayette County: Personally sworn to and subscribed before me this 5th day of January, 1968. /s/ Helen S. Teague, Notary Public, Fayette County, Ga. (Seal). State of Georgia, County of Upson: Affidavit of Publisher. Personally appeared before me the undersigned officer authorized to administer oaths, Leon Smith, who after being duly sworn deposes and says: That he is managing editor of the Thomaston Times, said newspaper being the official organ of Upson County and being the newspaper in which the sheriff's advertisements are printed and carried; and That the foregoing legislation to increase the salary of the solicitor-general of the Griffin Judicial Circuit has

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been properly advertised in said Thomaston Times once a week for three weeks during a sixty (60) day period next preceding the introduction of said Bill in the General Assembly of Georgia, as required by the Constitution and laws of said State; and That the following is a copy of said advertising in the form and manner in which the same was run as a legal advertisement as aforesaid: Notice of Intention to Introduce Local Legislation. Notice is hereby given that at the 1968 session of the General Assembly of Georgia there will be introduced legislation to amend an Act approved August 17, 1923, (Ga. L. 1923, p. 68, 69, 70, 71, and 72) entitled, An Act to create a new judicial circuit for the State of Georgia, to be called the Griffin Circuit, and to be composed of the counties of Spalding, Pike, Upson, and Fayette; to provide officers therefor, to fix the terms of court in the several counties of said circuit; to provide when this Act shall take effect, and for other purposes, as amended by an Act approved February 25, 1949, (Ga. L. 1949, p. 1296), and as amended by an Act approved March 10, 1964, (Ga. L. 1964, p. 321), for the purpose of increasing the salary of the solicitor-general of the Griffin Judicial Circuit. Said advertisement appeared on the 21st day of December, 1967, the 28th day of December, 1967, and the 4th day of January, 1968. This 4th day of January, 1968. Leon Smith, of the Thomaston Times. Georgia, Upson County:

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Personally sworn to and subscribed before me this 4th day of January, 1968. /s/ Claudia K. Carswell, Notary Public, Upson County, Georgia. My Commission expires March 27, 1970. (Seal). Approved March 28, 1968. UNIFORM STANDARDS FOR AUDITS OF MUNICIPALITIES AND COUNTIES. No. 945 (House Bill No. 1238). An Act to amend an Act providing uniform standards for audits of municipalities and counties within the State of Georgia, approved April 21, 1967 (Ga. L. 1967, p. 883), so as to make the provisions of the Act applicable to all audits of the financial affairs of a county, municipality or of an officer, board, department, unit or other political subdivision of a county or municipality otherwise required or authorized by law and so as to make the provisions of the Act applicable to all such audits whether prepared by a Certified Public Accountant or firm of Certified Public Accountants or other persons; to substitute for the requirement that such audits be subject to the standards, rules and ethics promulgated by the Georgia Society of Certified Public Accountants, the Municipal Finance Officers Association of the United States and Canada, the National Committee on Governmental Accounting and the American Institute of Certified Public Accountants the requirement that all such audits be subject to the standards, rules and ethics promulgated by the State Board of Accountancy; to delete the requirement that such audits expressly include recommendations necessary to make possible future unqualified opinions; 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 providing uniform standards for audits of municipalities and counties within the State of Georgia, approved April 21, 1967 (Ga. L. 1967, p. 883), is hereby amended by striking section 1 thereof in its entirety and substituting in lieu thereof a new section 1 to read as follows: Section 1. Whenever an audit of the financial affairs of a county or municipality or of an officer, board, department, unit or other political subdivision of a county or municipality is made pursuant to a requirement or to an authorization otherwise provided by law, the audit report shall include the auditor's unqualified opinion upon the presentation of the financial position and the result of the operations of the governmental unit or office which is audited. If the auditor is unable to express an unqualified opinion, he shall so state and shall further detail the reasons for qualification or disclaimer of opinion. All such audits shall be conducted in conformity with generally accepted standards and principles of governmental accounting and auditing and shall be subject to the standards, rules and ethics as may be promulgated from time to time by the State Board of Accountancy. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 28, 1968. CREDIT UNIONS ACT AMENDED. Code Chapter 25-1 Amended. No. 946 (House Bill No. 1241). An Act to amend Chapter 25-1 of the Code of Georgia of 1933, relating to credit unions, as amended; to further define the powers of the Superintendent of Banks with respect to credit unions; to provide for the supervision and examination of credit unions and the fees to be paid

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on account thereof; to further define the powers of credit unions; to regulate loans by credit unions, including loans to officers, directors and employees; to provide for the disposition of dormant accounts, and the payment of dividends; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That Chapter 25-1 of the Code of Georgia of 1933, relating to credit unions, as heretofore amended, be further amended by adding a new section to be known as Code section 25-123-A, as follows: 25-123-A. Rules and regulations by Superintendent of Banks; appointment of special examiners; forms . The Superintendent of Banks is hereby authorized to promulgate such rules and regulations to carry out the provisions of this Chapter as he may consider reasonable and proper. He may appoint special examiners, when the occasion requires, prescribe their duties and limit their powers. He shall prescribe and provide forms and the necessary blanks for examinations and reports. Section 2. That said Chapter 25-1 of the Code of Georgia, as heretofore amended, be further amended by adding a new section to be known as Code section 25-123-B, as follows: 25-123-B. Dormant credit union accounts . Any credit union may, by action of its Board of Directors, credit to its reserve fund any sum standing to the credit of any member whose whereabouts are unknown to the officers of the credit union, and have been unknown for three (3), or more, years, if a letter addressed to such member, and sent by registered mail to the last known address of the member is returned undelivered by the postal authorities. Section 3. That said Chapter 25-1 of the Code of Georgia of 1933, as heretofore amended, be further amended by striking all of section 25-105 of said Chapter, which relates to the powers of credit unions, and inserting in lieu thereof a new section 25-105, as follows:

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25-105. Powers enumerated . A credit union shall have, in addition to the powers common to all corporations under the laws of this State, the following powers: (1) It may receive the funds and savings of its members in payment for shares or for deposit. (2) It may receive deposits from nonmembers in such manner as the bylaws may provide. (3) It may make loans to members, through its credit committee. (4) It may also invest, through its board of directors, its surplus funds in the following: (i) Obligations of the United States, including bonds and securities upon which payment of principal and interest is fully guaranteed by the United States. (ii) General and direct obligations of the State of Georgia, and the several counties, districts and municipalities, and water and sewer revenue certificates of Georgia counties and municipalities which have been validated as provided by law. No more than 25% of the deposits and shares of a credit union shall be invested in the obligations of any one such obligor. (iii) In the stock of other credit unions, to a total amount which shall not exceed 10%, of the capital stock and reserve funds of the investing credit union. (iv) May deposit its funds in savings banks, other credit unions, State banks, trust companies, National banks, and savings and loan associations, and may purchase certificates of deposit and savings certificates which such financial institutions are authorized to issue. (v) Any other types of investments authorized by the superintendent of banks and approved by him; provided such investments shall not, in the aggregate, exceed 10% of the shares and deposits of the investing credit union.

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(5) It may borrow from any source, but the total of such borrowing shall at no time exceed 50% of its unencumbered assets, which term shall mean those assets not specifically pledged as security for obligations of the borrowing credit union. (6) It may undertake such other activities, not inconsistent with the provisions of this Chapter, as the bylaws may authorize, and exercise the powers elsewhere in this Chapter granted. (7) It may organize and engage in business without having any stated amount of capital subscribed or paid in, and may begin to d business with only such capital stock subscribed and paid in as may be provided in its bylaws, and may increase and decrease its capital stock and provide for the payment and withdrawal therof as and in the manner provided by its bylaws. (8) It may purchase, hold and convey real estate for the following purposes only: (i) Such real estate as shall be necessary for the convenient transaction of its business, subject to the prior approval of the Superintendent of Banks. (ii) Such real estate as shall be conveyed to it in satisfaction of debt previously contracted in the course of its business. (iii) Such real estate as it shall purchase at sales under judgments, decrees or mortgage foreclosures under securities held by it; but no credit union shall bid, at any such sale, a larger amount than sufficient to satisfy its debt, cost and expenses. No real estate acquired in the cases provided for by subparagraphs (ii) and (iii), and no real estate which has ceased to be used as credit union premises, shall be held for a longer period than five years, unless the time shall be extended by the Superintendent of Banks.

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Section 4. That said Chapter 25-1 of the Code of Georgia of 1933, as amended, be further amended by striking all of section 25-115 and inserting in lieu thereof a new section 25-115, as follows: 25-115. Approval of loans or advances by credit committee; meetings . The credit committee shall hold such meetings as the business of the credit union may require and not less frequently than once a month to consider applications for loans. Reasonable notice of such meetings shall be given to all members of the committee. No loan shall be made unless it is approved by a majority of the entire committee and by all members of the committee who are present at the meeting at which the application is considered; except that the credit committee may appoint one or more loan officers, and delegate to him or them the power to approve loans. Each loan officer shall furnish to the credit committee a record of each loan approved or not approved by him within seven days of the date of the filing of the application therefor. All loans not approved by a loan officer shall be acted upon by the credit committee. No individual shall have authority to disburse funds of the credit union for any loan which has been approved by him in his capacity as a loan officer. Not more than one member of the credit committee may be appointed as a loan officer. An applicant for a loan may appeal to the directors from the decision of the credit committee, if it is so provided in the bylaws and in the way and manner therein provided. Applications for loans shall be made on forms prepared by the Board of Directors, which shall set forth the purpose for which the loan is desired, the security, if any, and such other data as may be required. Section 5. That said Chapter 25-1 of the Code of Georgia of 1933, as amended, be further amended by striking all of section 25-116 and inserting in lieu thereof a new section 25-116, as follows: 25-116. Loans to officers, directors, members of committee, employees and members; limit; interest . Credit unions may lend money to its members at reasonable rates of interest which shall not exceed one (1%) per cent per

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month, for such purposes and upon such security as may be approved by the credit committee. A member who needs funds with which to purchase necessary supplies for growing crops may receive a loan in fixed monthly installments. A borrower may repay the whole or any part of his loan on any day on which the office of the corporation is open for the transaction of business. No loans shall be made to any officer, director, member of the credit committee, member of the supervisory committee, or employee, in excess of his share-holdings and deposits pledged as security for such loan, except upon the unanimous approval of a special committee, sitting together for the purpose of passing upon such loan, composed of a majority of the members of the credit committee, two or more directors, and one member of the supervisory committee. No person shall vote upon any loan in which he personally has a direct or indirect financial interest. The approval of all loans to officers, directors, members of committees and employees of a credit union shall be reported to the Board of Directors at its next meeting. No credit union shall be authorized to lend to any individual borrower, on an unsecured loan, more than one (1%) per cent of the first $100,000 of its deposits and shares plus one-fourth ( of 1%) of one per cent of its deposits and shares over $100,000, or, on a secured loan, more than ten (10%) per cent of the first $100,000 of its deposits and shares, plus four (4%) per cent of the next $1,000,000 of its deposits and shares, plus one (1%) per cent of its deposits and shares over $1,100,000. Deposits and shares reflected in the statement of condition on the last calendar day of the preceding year shall be used to establish loan limits for the subsequent calendar year. Provided, however, a newly established credit union may use deposits and shares reflected in the statement of condition at the end of the preceding month to establish loan limits for the subsequent calendar month. Borrower means the person to whom the loan is actually made and shall not include any obligations which he may incur by being an endorser or guarantor for another borrower.

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Secured loan means a loan for which collateral is given and a loan which is personally endorsed. Section 6. That said Chapter 25-1 of the Code of Georgia of 1933, as heretofore amended, be further amended by adding to section 25-113 of said Chapter, immediately following subsection (6), a new subsection to be subsection (7), as follows: (7) To declare dividends, not more frequently than quarterly, in its discretion, from the net earnings. Dividends shall be paid, if declared, on all fully paid shares outstanding at the close of the dividend period, but shares which may become fully paid during the dividend period shall be entitled to a proportional part of such dividends calculated from the first day of the month following such payment in full. Dividends. Section 7. That said Chapter 25-1 of the Code of Georgia of 1933, as heretofore amended, be further amended by striking and repealing, in its entirety, section 25-118 of said Chapter, which relates to the payment of dividends. Code 25-118 repealed. Section 8. That said Chapter 25-1 of the Code of Georgia of 1933, as heretofore amended, be further amended by striking section 25-122 of said Chapter in its entirety, and inserting in lieu thereof a new section 25-122, as follows: 25-122. Reports to Superintendent of Banks; examinations; fees; revocation of certificate; illegal practices; insolvency . (a) Credit unions shall be subject to the supervision of the Superintendent of Banks. Each credit union shall make a report of condition at least semiannually or upon the call of the Superintendent of Banks, on forms to be furnished by the Superintendent. Returns shall be verified under oath of the president and treasurer. Additional reports may be required by the Superintendent of Banks. (b) The supervision fee shall be the applicable amount specified in the following table, except that in no event shall such fee be less than $10:

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Total Assets Maximum Fee $500,000 or less 30 cents per $1,000. Over $500,000 and not over $1,000,000 $150, plus 25 cents per $1,000 in excess of $500,000. Over $1,000,000 and not over $2,000,000 $275, plus 20 cents per $1,000 in excess of $1,000,000. Over $2,000,000 and not over $5,000,000 $475, plus 15 cents per $1,000 in excess of $2,000,000. Over $5,000,000 $925, plus 10 cents per $1,000 in excess of $5,000,000. (c) Unless otherwise authorized by the Superintendent of Banks, each credit union shall compute its supervision fee, payable under the foregoing schedule, and remit to said Superintendent when making the report of its financial condition at the end of its fiscal year. Any credit union which neglects to make the above reports and remit its supervision fee shall forfeit to the Treasurer of the State $10 for each day of such neglect, unless excused by the Superintendent of Banks. (d) Each credit union shall pay an annual examination fee at the time of examination in accordance with a graduated scale prescribed by regulation by the Superintendent of Banks on the basis of assets as of December 31 of the preceding year, but such fee shall in no event be less than $10.00 nor more than the applicable amount specified in the following table: Total Assets Maximum Fee $500,000 or less 3 cents per $100 Over $500,000 and not more than $1,000,000 $150, plus 2 cents per $100 in excess of $500,000 Over $1,000,000 and not over $5,000,000 $250, plus 1 cents per $100 in excess of $1,000,000 Over $5,000,000 $850 plus 1 cent per $100 in excess of $5,000,000

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(e) Each credit union shall be examined at least annually by the Superintendent of Banks, or one of his duly authorized deputies. The Superintendent may require other information and shall at all times be given free access to all of the books, papers, securities and other sources of information of the credit union. The Superintendent of Banks shall have the power to subpoena and examine personally, or through one of his deputies, witnesses on oath and documents pertaining to the business of the credit union. (f) In addition to the foregoing, each credit union shall pay for each annual examination and for any other examination ordered by the Superintendent, at the time of examination, at the rate of $48.00 per examiner per day or 50[unk] per $100.00 of assets, whichever is less. No fee shall be charged a newly organized credit union for the first examination within a year of the date its charter is approved. (g) If a credit union neglects to submit the required reports or to pay the charges herein required for 30 days, the Superintendent of Banks shall notify the credit union of his intention to revoke the certificate of approval. If said neglect or failure continues for another 30 days, the Superintendent may revoke said certificate of approval and he, or one of his deputies, shall take possession of the business of such credit union and retain possession until such time as he may permit it to resume business or liquidate its affairs, pursuant to the banking laws of the State. (h) If it appears to the Superintendent of Banks that a credit union has violated any of the provisions of this Chapter, he may, by an order made over his hand and official seal, after hearing or an opportunity for a hearing has been given said credit union, direct it to discontinue the illegal methods and practices. If a credit union is insolvent or has within a reasonable time, failed to comply with any order mailed to the last address filed by said credit union with said Superintendent, he shall immediately, or within a reasonable time thereafter, take possession of the business and property of the credit union and retain possession until

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such time as he may permit it to resume business or its affairs are finally liquidated. Section 9. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 28, 1968. WILLS AND ADMINISTRATION OF ESTATESAPPRAISEMENT OF ESTATES. Code 114-1401.1 Enacted. No. 948 (House Bill No. 1031). An Act to amend Code Chapter 113-14, relating to inventories, appraisements and returns of the property of deceased persons, so as to provide that the property of a deceased need not be appraised under certain circumstances; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 113-14, relating to inventories, appraisements and returns of the property of deceased persons, is hereby amended by adding a new Code section between sections 113-1401 and 113-1402 to be designated as Code section 113-1401.1 to read as follows: 113-1401.1 Any provisions of this chapter to the contrary notwithstanding, the property shall not be appraised unless a request for an appraisement is filed with the ordinary by an heir or creditor of the deceased within ninety (90) days after the administrator files his inventory. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 28, 1968.

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SOUTHERN INTERSTATE NUCLEAR COMPACT AMENDED. No. 949 (House Bill No. 1233). An Act to amend an Act providing that the State of Georgia become a party to the Southern Interstate Nuclear Compact, approved March 3, 1962 (Ga. L. 1962, p. 505), as amended, by an Act approved March 4, 1964 (Ga. L. 1964, pp. 207-208), so as to provide that the funds necessary to carry out the provisions of the Act and Compact shall be paid from funds appropriated to or otherwise made available to the Executive Department; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing that the State of Georgia become a party to the Southern Interstate Nuclear Compact, approved March 3, 1962 (Ga. L. 1962, p. 505), as amended, by an Act approved March 4, 1964 (Ga. L. 1964, pp. 207-208), is hereby amended by striking section 8 in its entirety and inserting in lieu thereof a new section 8 to read as follows: Section 8. The funds necessary to carry out the provisions of this Act and of the Compact shall be paid from funds appropriated to or otherwise made available to the Executive Department. Funds. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 28, 1968. DEPARTMENT OF PUBLIC SAFETYSECURITY GUARD DIVISION. No. 950 (House Bill No. 1245). An Act to amend an Act creating The Department of Public Safety, approved March 19, 1937 (Ga. L. 1937, p. 322),

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as amended, so as to authorize the Director of The Department of Public Safety, with the approval of the Chairman of The Department of Public Safety, to establish within The Department of Public Safety a Division to be known as the Security Guard Division of The Department of Public Safety; to provide for the composition of said Division; to provide for the employment of security guards; to provide the powers, duties and compensation of said security guards; to provide the procedure connected therewith; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating The Department of Public Safety, approved March 19, 1937 (Ga. L. 1937, p. 322), as amended, is hereby amended by adding after Article III and before Article IV, a new Article, to be known as Article IIIA to read as follows: Article IIIA. Section 1. The Director of The Department of Public Safety is hereby authorized, with the approval of the Chairman of The Department of Public Safety, to establish a Security Guard Division within the Department of Public Safety. Section 2. The Director of The Department of Public Safety shall be authorized to employ such number of security guards as may be necessary to keep watch over and protect the Governor, the Executive Department at the State Capitol or at such other place as the Executive Department may be removed, the Executive Center or other residence of the Governor of the State of Georgia, and such other State property as may be directed by the Governor. Section 3. All persons employed as security guards shall be compensated in an amount to be prescribed by the Director of The Department of Public Safety, and said security guards shall be furnished with and shall wear

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such distinctive uniforms and equipment as may be prescribed by the Director of The Department of Public Safety. Section 4. While in the performance of their duties, such security guards shall have the same powers of arrest and the same powers to enforce law and order as the sheriff of the county and the chief of police of the municipality in this State wherein any such security guard is performing his duty. While in the performance of their duties, any such security guards shall be authorized to exercise such powers and duties as are authorized by law for members of the Uniform Division of The Department of Public Safety. Section 5. The Director of The Department of Public Safety shall be authorized to promulgate and adopt such rules, regulations and orders in regard to such security guards as, in his judgment, the public service may demand. Section 6. The Governor is authorized, in his discretion, to direct by Executive Order that the employees of the Security Guard Division shall be covered by the State Merit System of Personnel Administration, and in such Order shall specify the date on which said System shall become applicable to said personnel. The application of the State Merit System to said personnel shall not affect any other personnel of The Department of Public Safety. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 28, 1968. PASSENGER AUTOMOBILES FOR USE OF EXECUTIVE DEPARTMENT, ETC. No. 951 (House Bill No. 1246). An Act to amend an Act entitled An Act to prohibit the purchase of any passenger automobile by any department,

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institution, bureau, or agency of this State; to provide for disposition of State-owned automobiles; to provide for payment of mileage for officers, officials, and employees of the State and of various departments thereof for the operation on official business of automobiles belonging to such officers, officials, or employees; to provide for the fixing of such mileage rate; to provide for penalties for violation of this Act; and for other purposes., approved March 15, 1933 (Ga. L. 1933, p. 106), as amended, so as to provide that passenger automobiles, not to exceed three, may be purchased, leased, or rented and maintained for use by and on behalf of the Governor, Executive Department and Executive Center; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to prohibit the purchase of any passenger automobile by any department, institution, bureau, or agency of this State; to provide for disposition of State-owned automobiles; to provide for payment of mileage for officers, officials, and employees of the State and of various departments thereof for the operation on official business of automobiles belonging to such officers, officials, or employees; to provide for the fixing of such mileage rate; to provide penalties for violation of this Act; and for other purposes., approved March 15, 1933 (Ga. L. 1933, p. 106), as amended, is hereby amended by striking from section 1 the following: except one passenger automobile and motorcycles for use of the Governor of Georgia:, and inserting in lieu thereof the following: except passenger automobiles, not to exceed three, which may be purchased, leased or rented and maintained for use by and on behalf of the Governor, Executive Department and Executive Center;, so that when so amended, section 1 shall read as follows:

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Section 1. Be it enacted by the General Assembly of the State of Georgia, that from and after the passage and approval of this Act no funds appropriated to any department, institution, board, bureau, or agency of this State shall be used for the purchase of any passenger-carrying automobile whatsoever, and it shall be unlawful to expend any funds appropriated to any such department, institution, board, bureau, or agency of this State or any State funds otherwise coming into the possession of any such department, institution, board, bureau, or agency of the State for the purchase of any passenger-carrying automobile, except passenger automobiles, not to exceed three, which may be purchased, leased or rented and maintained for use by and on behalf of the Governor, Executive Department and Executive Center; provided, however, nothing in this section is intended to prohibit the State Highway Department of Georgia from purchasing passenger-carrying trucks through the State Supervisor of Purchases, for the use of State Highway Department personnel engaged in the construction and maintenance of roads and bridges in this State, and all things incident thereto; and the State Highway Department of Georgia is hereby expressly authorized and empowered to purchase such trucks for such purposes. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 28, 1968. GAME AND FISHALLIGATOR HUNTING LICENSES. No. 952 (House Bill No. 1293). An Act to amend an Act revising, consolidating and superseding the laws of this State relative to Game and Fish, approved March 7, 1955 (Ga. L. 1955, p. 483), as amended, particularly by an Act approved March 9, 1956 (Ga. L. 1956, p. 590), so as to eliminate alligator hunting license for non-residents; to change the license fee for residents; to provide that the State Game and Fish Commission shall

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determine the open season for hunting and trapping alligators; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act revising, consolidating and superseding the laws of this State relative to Game and Fish, approved March 7, 1955 (Ga. L. 1955, p. 483), as amended, particularly by an Act approved March 9, 1956 (Ga. L. 1956, p. 590), is hereby amended by striking section 3 1B in its entirety and inserting in lieu thereof the following: 3 1B. It shall be unlawful for any person to hunt, trap, or engage in the activity of capturing alligators without first obtaining from the Commission, an annual State resident alligator hunter's license, for which shall be charged a fee of $50.00. Such license shall be effective from April 1 in the year which issued through March 31 of the year next succeeding. The open season for hunting and trapping alligators shall be determined by the Game and Fish Commission, and no alligator shall be killed or captured which is less than 5 feet in length. Any person violating the provisions of this section shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 28, 1968. GAME AND FISHCOMMERICAL PRODUCTION OF ALLIGATORS. No. 953 (House Bill No. 1289). An Act to provide for licensing farms for the commercial production of alligators; to provide for definitions; to provide for issuing such license; to provide for a license fee;

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to provide for certain information which must accompany the application for the license; to provide for transfer of the license; to authorize the Game and Fish Commission to regulate such farms; to require the person operating such farm to keep certain records; to provide for inspection of such farm by said Commission; to provide for revocation and suspension of such license; to provide a penalty for violating the provisions of the Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. As used in this Act, the following words and terms shall have the following meanings, unless a different meaning clearly appears from the context: (a) Person shall mean a person, firm, or corporation. Definitions. (b) Commission shall mean the State Game and Fish Commission. (c) Director shall mean the Director of the State Game and Fish Commission. Section 2. Any person desiring to establish, maintain and operate a farm for the commercial production of alligators within the State of Georgia shall apply to the Commission for a license to do so. The Commission is hereby authorized to issue such license upon the conditions hereinafter set out. License. Section 3. Any license issued hereunder shall permit the licensee to propagate, possess, import, export, slaughter, sale and to do any other act that is necessary to engage in the commercial production of alligators, not in conflict with the rules and regulations issued by the Commission as authorized herein and any law of this State not in conflict with the provisions of this Act. The application for such license shall be accompanied by a fee of two hundred and fifty ($250.00) dollars which shall be the annual charge for such license, and information as to the location and description of the

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land and facilities which will be used for farming purposes, together with the interest of the applicant therein. Such application shall also contain information on the applicant relating to the following: place of residence; age; occupation; and if a corporation, place of incorporation, purpose of incorporation and the location of its principal place of business. The applicant shall furnish any other information required by the Commission. The authority to transfer such license shall be exclusively vested in the Commission upon application for such transfer duly filed with said Commission by the licensee. Applications, etc. Section 4. The Commission shall have the authority to regulate the farms for the commercial production of alligators and issue rules and regulations deemed necessary by said Commission to provide for such regulation. Said Commission may require the licensee to keep records pertaining to propagating, possessing, importing, exporting, slaughtering, selling and disposing of alligators and any other matters which said Commission deems to be necessary to regulate the commercial production of alligators. Said Commission is further authorized to provide for reasonable inspection of the alligator farms and the records pertaining to such farms during the reasonable business hours of the day. Regulations, etc. Section 5. Any alligator hide or alligator sold by the person operating such farm for the commercial production of alligators shall be properly identified and tagged by said seller. Identification tags. Section 6. Should any licensee under this Act violate any provisions of this Act or any rule or regulation issued pursuant thereto, the Director is hereby empowered to revoke the license immediately. In the event of such revocation, the licensee whose license was revoked may appeal the action of the Director to the Commission and shall be given a hearing before said Commission to determine the validity of the action of the Director. Said Commission is authorized to reinstate such revoked license in appropriate cases. Revocation of licenses. Section 7. Any person, firm or corporation who engages in the commercial production of alligators without a valid

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license as provided herein shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor. Crimes. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 28, 1968. LAND CONVEYANCE TO REGENTS OF UNIVERSITY SYSTEM OF GEORGIA. No. 130 (House Resolution No. 520-1103). A Resolution. Authorizing the conveyance of a certain tract of land, with improvements thereon, in Fulton County; and for other purposes. Whereas, the State of Georgia, though the State Highway Department, is the owner of a certain tract of land as hereinafter described: Beginning at a point in the north line of Sixth Street, N. W., in land lot 80 of the 14th district of Fulton County, Atlanta, Georgia, which point is south 88 degrees 38 minutes 24.5 seconds east, 111.55 feet measured along the north property line of Sixth Street, N. W., from the southwest corner of said block, which block corner is 9 feet east of the east curb line of Atlantic Drive (formerly Kontz Avenue) and 10 feet north of the north curb line of Sixth Street, N. W. at this point; thence running north 0 degrees 29 minutes 35.5 seconds east, 167.0 feet to an iron pin; thence south 89 degrees 30 minutes 24.5 seconds east, 193.70 feet to an iron pin in the west side of Plum Street, N. W.; thence south 0 degrees 43 minutes 35.5 seconds west, 169.92 feet to an iron pin at the intersection of the west side of Plum Street, N. W. and the north side of Sixth Street, N. W.; thence north 88 degrees 38 minutes 24.5 seconds west, 193.0 feet to the point of beginning, the area described

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containing 0.747 acres, more or less; as more particularly shown on a plat entitled Property MapState Highway Department of Georgia, dated December 10, 1952, revised March 20, 1953, and recorded in deed book 2859, pages 75-77, in the office of the clerk of the Superior Court of Fulton County, Georgia; and Whereas, this land was used by the State Highway Department of Georgia as a Materials Testing Laboratory; and Whereas, the Board of Regents of the University System of Georgia, by Resolution, on the 8th day of November, 1967, authorized the purchase of said property for the sum of two hundred thousand and no/100 ($200,000.00) dollars; and Whereas, the State Highway Department of Georgia has no further use for said property because of having constructed a larger and more modern facility in another location to house its Materials Testing Laboratory; and Whereas, by Executive Order, the Honorable Lester G. Maddox, Governor, has transferred the aforesaid described property from the State Highway Department of Georgia to the Board of Regents of the University System of Georgia, for the use of Georgia Institute of Technology, upon payment by said Board to State Highway Department of Georgia in the sum of two hundred thousand and no/100 ($200,000.00) dollars; and Whereas, said Executive Order provided that his action in transferring said property shall be submitted to the General Assembly for ratification and perfection of title. Now, therefore, be it resolved by the General Assembly of Georgia that the said Executive Order of the Governor is hereby ratified and confirmed and that the Governor, acting for and in behalf of the State of Georgia, is hereby authorized and directed to convey to the Board of Regents

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of the University System of Georgia the above described tract of land for and in consideration of the sum of one ($1.00) dollar and the benefits flowing to the State of Georgia. Approved March 28, 1968. BONDS GIVEN BY STATE DEPOSITORIES. Code 100-108 Amended. No. 955 (House Bill No. 933). An Act to amend Code section 100-108 relating to bonds given by state depositories and to the giving of securities in lieu of bonds, as amended by an Act approved January 5, 1954 (Ga. L. 1953, Nov.-Dec. Sess., p. 483), so as to provide that industrial revenue bonds or bonds of development authorities duly validated and not in default may be given by state depositories; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to amend Code Section 100-108 relating to bonds given by state depositories and to the giving of securities in lieu of bonds as amended by an Act approved January 5, 1954 (Ga. L. 1953, Nov.-Dec. Sess., p. 483), is hereby amended by striking Code section 100-108 in its entirety and inserting in lieu thereof a new Code section 100-108 to read as follows: 100-108. State's deposit limited to amount of bond. Securities in lieu of bond . The Treasurer of this State shall not deposit at any one time, or have on deposit at any one time in any one of the depositories for a longer time than 10 days, a sum of money belonging to this State that exceeds the bond given by said depository to the State. The Treasurer shall check from any depository the amount of the State's money that said depository holds in excess of its bonds and pay the sum into the Treasury: Provided, that a State depository may be allowed to hold a sum greater than $50,000, but not in excess of $100,000. upon

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such depository giving a new bond to cover the maximum amount to be deposited with it, and when such new bond has been executed and delivered to the Governor the old bond shall be discharged and surrendered. The bond to be given by State depositories, whether State or national banks, shall be a surety bond signed by a surety company duly qualified and authorized to transact business in this State, in a sum equal to the amount of money to be deposited with such depository: Provided, that in lieu of such surety bond the State depository may deposit with the State Treasurer bonds, bills, certificates of indebtedness, notes or other obligations of the United States or of this State; or bonds, bills, certificates of indebtedness, notes or other obligations of the counties or municipalities of this State; or bonds of any public authority created by law if the statute creating such authority provides that the bonds of such authority may be used for this purpose, satisfactory to the State Treasurer, which have been duly validated as provided by law, and as to which there has been no default in payment either of principal or interest; or industrial revenue bonds or bonds of development authorities which have been duly validated as provided by law and as to which there has been no default in payment either of principal or interest. A State depository may secure deposits made with it, in part by a surety bond and in part by a deposit of any or all of the bonds, bills, certificates of indebtedness, notes or other obligations above mentioned or by either method. A State depository may deposit with the State Treasurer bonds, bills, certificates of indebtedness, notes or other obligations of a subsidiary corporation of the United States Government, which are fully guaranteed by the United States Government both as to principal and interest, and the guarantee of the Federal Deposit Insurance Corporation shall be accepted as collateral by the State Treasurer to cover State funds on deposit in State depositories to the extent authorized by the Federal law governing the Federal Deposit Insurance Corporation. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 29, 1968.

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GEORGIA MOTORBOAT NUMBERING ACT AMENDED. No. 956 (House Bill No. 1193). An Act to amend an Act known as the Georgia Motorboat Numbering Act, approved March 7, 1960 (Ga. L. 1960, p. 235), as amended, by an Act approved April 2, 1963 (Ga. L. 1963, p. 301), and by an Act approved March 24, 1965 (Ga. L. 1965, p. 251), so as to provide for certain definitions; to provide that applications for identification numbers shall include certain information; to provide that certificate of number shall show certain information; to provide for the issuance of certificates of number to be used on motorboats by motorboat dealers for testing and demonstration purposes; to provide the procedures relative to the reporting of motorboat accidents; to provide for certain specific requirements relative to safety in boating; to provide for the liability of the owner of a motorboat for injury or damage caused by the negligent operation of such motorboat; to provide that it shall be unlawful to reproduce certificates of number; to provide for penalties for violation of this Act; to provide for the revocation of motorboat registration under certain circumstances; to provide the procedures connected with the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Georgia Motorboat Numbering Act, approved March 7, 1960 (Ga. L. 1960, p. 235), as amended, by an Act approved April 2, 1963 (Ga. L. 1963, p. 301), and by an Act approved March 24, 1965 (Ga. L. 1965, p. 251), is hereby amended by adding a new paragraph to section 2, to be known as paragraph (8) to read as follows: (8) Watercraft means any boat or craft other than a seaplane on the water, used or capable of being used as a means of transportation on water. Watercraft defined. Section 2. Said Act is further amended by adding a new section between sections 6 and 7 to be designated section 6A to read as follows:

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Section 6A. (a) The application for a certificate of number shall include the following information: (1) The name and address of the owner; (2) The serial number of the motorboat; Applications. (3) The present number of the motorboat, if any; (4) The hull material of the motorboat (wood, steel, aluminum, plastic or other); (5) The type of propulsion, (outboard, inboard, other); (6) The type of fuel: (gas, diesel, other); (7) The make, model and year the motorboat was built, if known; (8) Length of the motorboat; (9) A statement of ownership by the applicant; (10) The signature of the owner; (b) The certificate of number shall show the following information: (1) The name and address of the owner of said motorboat; (2) The number issued; (3) The expiration date; (4) The make or model or type of motorboat; (5) The hull material of the motorboat (wood, steel, aluminum, plastic, other); (6) The length of the motorboat; (7) The type of propulsion (outboard, inboard, other);

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(8) Serial number of the motorboat. Section 3. Said Act is further amended by striking subsection (a) of section 7 in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: Section 7. (a) The owner of a motorboat required to be numbered by this Act must paint or firmly attach the number awarded on each side of the bow of the motorboat in such a position as to provide easy identification before such motorboat may be operated on the waters of this State. The numbers shall read from left to right. They must be in block characters of good proportion, not less than three (3) inches in height nor more than one (1) inch apart, of a color that contrasts with the background color of the boat, and must be so maintained as to be clearly visible and legible. No other number may be displayed on either side of the bow. The identification numbers shall consist of three parts. The first part shall consist of the letters `GA', indicating this State. The second part shall consist of not more than four (4) arabic numerals; the third part shall consist of not more than two letters. The parts shall be separated by a hyphen or an equivalent space. As examples: Boat markings. `GA-1-A; GA-1234-AA; GA 56 ZZ Since the letters `i', `o' and `Q' may be mistaken for arabic numerals, they shall not be used in the suffix. Section 4. Said Act is further amended by striking subsection (c) of section 7 in its entirety and substituting in lieu thereof a new subsection (c) to read as follows: (c) Should the ownership of a motorboat change, a new application form with the fee of $1.00 shall be filed with the Commission and a new license shall be awarded in the same manner as provided for in an original award of number. It is specifically provided that the motorboat license shall not be transferable. Change in ownership. Section 5. Said Act is further amended by striking subsection (f) of section 7 in its entirety and substituting in lieu thereof a new subsection (f) to read as follows:

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(f) Every license awarded pursuant to this Act shall be for a period of not more than three calendar years and shall become subject to renewal after November 1 of the third calendar year of its use. If not renewed prior to or on the expiration date, said license shall lapse and expire and be of no further validity. On any renewal, provided the license has not lapsed, the user thereof shall continue to be assigned the same number. Licenses. Section 6. Said Act is further amended by adding a new subsection at the end of section 7 to be designated subsection (j) to read as follows: (j) If a certificate of number is lost or stolen, a duplicate certificate shall be issued by the Commission upon receipt of a properly completed standard motorboat registration form marked `DUPLICATE', accompanied by an affidavit stating the circumstances of the loss, together with a money order or cashier's check in the amount of $1.00. Duplicate certificate. Section 7. Said Act is further amended by adding a new section between sections 7 and 8 to be designated section 7A to read as follows: Section 7A. (a) For the purposes of this section, the word `dealer' shall mean any person engaged in the business of manufacturing motorboats or selling new or used motorboats at an established place of business. Dealers. (b) Any dealer may obtain certificates of number to be used only for the purpose of testing or demonstrating motorboats owned by such dealer. The fee for the first certificate of number issued to any dealer for each motorboat classification shall be the same fee as prescribed in section 6 of this Act, but the Commission is hereby authorized to issue additional certificates of number to dealers for testing and demonstration purposes at a reduced fee for each classification. The amount of the reduced fee shall be determined by the Commission but shall be a reasonable approximation of the cost of producing and distributing

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such certificates of number, and the amount of such reduced fee may be changed from time to time by the Commission. (c) Dealers shall be authorized to transfer certificates of number issued pursuant to this section from one motorboat to another in the same classification. (d) Dealers desiring such certificates of number shall make application for them on standard motorboat registration forms which shall be accompanied by an affidavit stating that he is a motorboat dealer. Numbers assigned by such certificates may be used by temporary placement on motorboats within the certificate's class range when such motorboats are being tested or demonstrated and must be plainly marked `BOAT DEALER'. Such temporary placement of such number of registration shall be as the Commission shall prescribe by rule and regulation. (e) It is hereby declared to be the explicit intent of this section that only one motorboat may be operated for testing and demonstration purposes under one certificate of number at any given time. Section 8. Said Act is further amended by adding a new section between sections 8 and 9 to be designated section 8A to read as follows: Section 8A. The reporting of motorboat accidents shall be in accordance with the following procedure: (a) A written report is required whenever any one or more of the following occurs as a result of any accident involving motorboats: Accident reporting. (1) The death of any person from whatever cause; (2) The disappearance of any person from on board under circumstances which suggest any possibility of their death or injury; (3) The injury of a person sufficient to cause their incapacitation for seventy-two hours or longer;

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(4) The loss or damage to property of any kind (including the motorboat) in an amount of $100.00. (b) Whenever death or injury has resulted or may result from a motorboat accident, a written report shall be submitted to the State Game and Fish Commission within forty-eight (48) hours. For every other reportable motorboat accident, a written report shall be submitted within five (5) days. (c) Every written report of an accident shall be submitted on forms supplied by the State Game and Fish Commission which shall require the following information: (1) The numbers and/or names of the motorboat involved; (2) The locality where the accident occurred; (3) The date and time of the accident; (4) The weather and water conditions; (5) The name, address, age and operating experience of the operator of the reporting motorboat; (6) The names and addresses of the operators of other motorboats involved; (7) The names and addresses of the owners of motorboats or other property involved; (8) The names and addresses of all persons killed or injured; (9) The nature and extent of injury to any person; (10) A description of the accident (including opinions as to the causes); (11) The length, propulsion, horsepower, fuel and construction of the reporting motorboat;

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(12) A description of damage to any property (including motorboats) and estimated cost of repairs; (13) Names and addresses of known witnesses. Section 9. Said Act is further amended by striking from section 9 the following: section 8(b) and inserting in lieu thereof the following: the provisions of this Act, so that when so amended section 9 shall read as follows: Section 9. Transmittal of information . In accordance with any request duly made by an authorized official or agency of the United States, any information complied or otherwise available to the Commission pursuant to the provisions of this Act shall be transmitted to said official or agency of the United States. Section 10. Said Act is further amended by adding between section 10A and section 11 two new sections to be designated section 10B and section 10C to read as follows: Section 10B. (a) Any person operating any motorboat on the waters of this State shall comply with the following requirements: (1) No person shall operate any watercraft or manipulate any water skis, aquaplane, or similar device in a reckless or negligent manner so as to endanger the life, limb or property of any person. Regulations. (2) When watercraft approach each other obliquely or at right angles, the watercraft approaching on the right side shall have the right of way, and the other craft must stay clear. (3) The speed of all watercraft shall at all times be regulated so as to avoid danger of injury or damage or unnecessary inconvenience either directly or by the effect of the wash or wave raised by such watercraft in the vicinity of swimming areas, docks, floating boat houses, moored boats or boats engaged in fishing or similar activities.

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(4) No watercraft shall be loaded with passengers or cargo beyond its safe carrying capacity taking into consideration weather and operating conditions. (5) No person shall operate any watercraft on any of the waters of this State towing a person on water skis, an aquaplane, or similar device, nor shall any person engaged in water skiing, aqua planing, or similar activities unless such person being towed is wearing a ski belt, ski jacket, or Coast Guard approved life preserver. Provided, that this requirement shall not apply to persons engaged in organized water ski tournaments, competitions, expositions, or bona fide trials therefor. (6) No person shall operate a watercraft on any of the waters of this State towing a person on water skis, an aquaplane, or similar device without having aboard such tow boat a wide angle mirror or some person, other than the operator, in a position to watch the person being towed so that any person or persons being towed may be observed at all times. (7) No person shall operate a watercraft on any of the waters of this State towing a person on water skis, an aquaplane, or similar device, nor shall any person engage in water skiing, aqua planing, or similar activity at any time between the hours from one hour after sunset to one hour before sunrise. (8) The operator of any watercraft on the waters of this State shall have aboard one life preserver, buoyant vest, ring buoy or buoyant cushion for each person aboard, all such life preservers, buoyant vests, ring buoys or buoyant cushions shall be approved by the U. S. Coast Guard, shall bear certification of such approval and shall be in good and serviceable condition. (9) No person shall operate any watercraft on any of the waters of this State during hours of darkness unless showing a light sufficient to make the watercraft's presence and location known to any and all other craft within 200 feet.

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(10) No person operating any watercraft shall allow any person to ride on the bow or gunwale of such watercraft unless such bow or gunwale shall be equipped with a railing or some other retaining device securely attached to such watercraft so that it might be held to prevent any such person from falling or being thrown overboard. (b) The use of watercraft will be restricted in certain areas of the waters of this State when the Director determines that such restriction is necessary in the interest of public safety. Regulated areas shall be identified by appropriate signs and markers, and all watercraft shall be required to obey any such signs and/or markers. Such signs and markers shall conform to the system of aids of navigation prescribed by the U. S. Coast Guard and to the System of Uniform Waterway Markers approved by the Advisory Panel of State Officials to the Merchant Marine Council, U. S. Coast Guard in October, 1961. No city, county or person shall attempt to regulate the public waters of this State by use of the above mentioned signs and markers without the expressed permission of the Commission. This regulation shall not impose upon any private owner or other person any duty or expense to provide, place and maintain the aforementioned signs and markers in areas of waters owned or impounded by them. (c) Any watercraft, when operated upon the salt waters of this State or the marginal sea adjacent to this State, shall be required to comply with the regulations of the U. S. Coast Guard pertaining to lifesaving equipment, fire extinguishers, lights and other equipment and shall observe the Inland or International Rules of the Road where applicable. Section 10C. The owner of a watercraft shall be liable for any injury or damage caused by the negligent operation of such watercraft, when such watercraft is being used with such owner's expressed or implied consent. It shall be presumed that such watercraft is being operated with the knowledge and consent of the owner, if at the time of the injury or damage, it is under the control of a member of such owner's immediate family. Nothing contained

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herein shall be construed to relieve any other person from any liability which he would otherwise have. Section 11. Said Act is further amended by adding a new section between sections 12 and 13 to be designated section 12A to read as follows: Section 12A. It shall be unlawful for any person to reproduce by any means whatsoever, a Georgia certificate of number for motorboats issued pursuant to the provisions of this Act. Crimes. Section 12. Said Act is further amended by striking section 13 in its entirety and substituting in lieu thereof a new section 13 to read as follows: Section 13. Any person violating any provision of this Act shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as for a misdemeanor, and the court, in its discretion, shall have the power to revoke for any period of time not exceeding two years the motorboat registration of any person convicted under this section for the second or any subsequent offense. Same. Section 13. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 29, 1968. GEORGIA RETAILERS' AND CONSUMERS' SALES AND USE TAX ACT AMENDEDUSE OF PRODUCTS BY MANUFACTURERS, ETC. No. 957 (House Bill No. 1462). An Act to amend the Georgia Retailers' and Consumers' Sales and Use Tax Act, approved February 20, 1951, (Ga. L. 1951, p. 360, et seq.), as amended, so as to make certain transactions the equivalent of a retail sale under said Act; to provide the measure of tax liability in such

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instances; to provide an effective date for this Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Georgia Retailers' and Consumers' Sales and Use Tax Act, approved February 20, 1951, (Ga. L. 1951, p. 360, et seq.), as amended, is hereby further amended by adding a new paragraph following section 8, to be numbered section 8 (a), to read as follows: (a) If a person who engages in the business of processing, manufacturing or converting industrial materials into articles of tangible personal property for sale, whether as custom made or stock items, makes any use of such an article other than retaining, demonstrating or displaying it for sale, such use shall be deemed a retail sale as of the time such article is first used by him and its fair market value at such time shall be deemed the sales price of such article. If the sole use of such article other than retaining, demonstrating or displaying it for sale is the rental of such article while holding it for sale, the processor, manufacturer or converter may elect to treat the amount of the rental charged rather than the fair market value of such article as its sales price. Section 2. The provisions of this Act shall become effective April 2, 1968. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 29, 1968. GAME AND FISHSTATE GAME AND FISH COMMISSION ACT AMENDED. No. 960 (House Bill No. 1302). An Act to amend an Act completely and exhaustively revising, superseding and consolidating the laws relating to the State Game and Fish Commission, approved March 7, 1955 (Ga. L. 1955, p. 483), as amended, so as to provide that the ownership, jurisdiction over and control

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of all wildlife shall be in the State of Georgia in its sovereign capacity; to provide that to hunt, fish, trap, capture or kill wildlife or to possess or transport the same shall be a privilege to be exercised in according with the laws granting such privilege; to provide for definitions; to provide for the election of a Chairman, Vice Chairman and Secretary of the Commission; to change the provisions relating to the compensation and allowances of the members of the Commission; to provide that the Director shall have the authority to delegate certain powers; to change the provisions relating to the compensation of the Director; to provide that the Director shall have the authority to establish ranks and ratings of wildlife rangers; to change the provisions relating to the powers of wildlife rangers; to provide that it shall be unlawful for any person to hunt, fish or trap or in any manner take, catch, hold or possess any of the wildlife of this State without obtaining the necessary licenses or permits; to provide for the issuance of licenses by agents approved by the Director; to provide that it shall be unlawful to make any false statement as to any fact required as a prerequisite to the issuance of a license or permit; to provide that it shall be unlawful to counterfeit or alter or attempt to counterfeit, change or alter any license or permit; to change the provisions relating to licenses and permits for hunting, trapping, holding or possessing wildlife; to provide that the Commission may impose daily use fees and issue permits therefor to fish in specially stocked streams or lakes; to change the provisions relating to alligator hunters license; to change the fee for such licenses; to change the provisions relating to the business of dealing in furs, hides or pelts of wildlife and to provide for certain specific requirements in connection therewith; to change the provisions relating to permits issued for propagation or scientific purposes and to change the amount of the fees for such permits; to provide that it shall be unlawful for any person in this State to hold or possess any game bird or animal for the purpose of propagation or pets without procuring a valid State resident game holding permit; to change the provisions relating to the taking of shad for the purpose of sale and the amount of the license

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fee therefor; to provide that all commercial seafood dealers shall be required to maintain a record book; to provide that any person failing to maintain such record book or produce the same upon demand of an authorized agent of the Commission shall be guilty of a misdemeanor; to change the provisions making it unlawful for any person in this State to barter or sell or offer to barter or sell or to purchase or offer to purchase game birds, animals or fish of this State; to provide that no person 15 years of age or under shall hunt deer unless supervised by an adult; to provide that it shall be unlawful for any person to discharge any weapon for any purpose across any public road of this State; to change the provisions relating to baiting fields; to provide that it shall be unlawful for any person to hunt game birds or game animals upon, over, around, or near any place where bait has been placed; to change the provisions relating to night hunting; to provide that it shall be unlawful for any person to hunt, catch, take or kill or attempt to hunt, catch, take or kill any game bird or game animal by the use or aid of recorded calls or sounds or recorded or electronically amplified imitations of calls or sounds; to provide that it shall be unlawful to kill male deer in this State unless such deer have antlers visible above the hair; to provide for exceptions; to provide that it shall be unlawful to hunt, fish or attempt to kill game birds, animals or fish after having obtained the bag or creel or season limit; to provide that falcons may be used to pursue and take wildlife species under certain circumstances; to provide that it shall be unlawful for any person to engage or participate in the hunting of small game, big game or waterfowl on Wildlife Management Areas or public hunting areas without a license; to provide that it shall be unlawful for any person to keep, hold or possess wildlife in captivity for public display without a wildlife exhibition permit; to provide for certain exceptions; to provide that it shall be unlawful to destroy the evidence of the sex of any deer, or to possess any deer which has had the evidence of sex destroyed; to provide for certain exceptions; to provide requirements relating to the killing of deer by a motor vehicle; to provide that it shall be unlawful for

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any person by force, menace or threat to in any manner resist or interfere with any wildlife or boating laws or regulations or otherwise interfere with any officer in the performance of his duty; to provide that it shall be unlawful for any person, except duly commissioned officers of the Game and Fish Commission to identify himself as an officer of the Commission or to wear or exhibit in public any badge or uniform of the Commission; to provide for the jurisdiction of the court of ordinary over violations of the provisions of this Act when the defendant waives trial by jury; to provide for the issuance of summons and the procedures connected therewith; to provide that it shall be unlawful for any person to damage or destroy any equipment, gate, building or other property belonging to or being utilized by the Commission or any of its employees or agents; to provide that no person shall liberate wildlife within this State or any fish or fish eggs into the waters of this State except under permit; to provide for the issuance of such permit; to provide that no person shall take, possess or remove from any legally set trap any lawfully trapped wildlife without the permission of the owner; to provide that it shall be unlawful for any person to fish or transport with intent to fish upon any waters or lands being used by the Commission for fish propagation; to provide that it shall be unlawful for any person, firm or corporation to throw, dump, drain or allow to pass into the waters of this State any sawdust, dye-stuff, oil, chemicals or other deleterious substances that will or may tend to injure, destroy or drive away from such waters fish or amphibia; to provide that the State may recover damages in a civil action for the negligent injury or destruction of fish or amphibia, and for the measure of such damages; to provide that it shall be unlawful for any person to steal, take or carry away fish from any State fishing hatchery or rearing pond; to change the provisions relating to night fishing in the tidal waters of this State; to change the amount of the fee for a nonresident spear fishing license; to change the provisions relating to the use of baskets for taking rough fish; to change the provisions relating to the license fees for wholesale or retail dealers; to provide for all matters

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relative to the foregoing; to provide for penalties; to provide for a penalty for the violation of any provision of this Act when a specific penalty has not been provided for such violation; to repeal a specific Act; to provide that it shall be unlawful for any person to engage in the business of propagating pen-raised quail for food, restocking, propagation or other commercial purposes without complying with certain requirements; to provide for such requirements; to provide for penalties; 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, approved March 7, 1955 (Ga. L. 1955, p. 483), as amended, is hereby amended by adding between sections 1 and 2 a new section to be designated section 1A to read as follows: Section 1A. (a) The ownership, jurisdiction over, and control of all wildlife, as herein defined, are hereby declared to be in the State of Georgia in its sovereign capacity, to be controlled, regulated, and disposed of in accordance with the provisions of this Act. Wildlife, hunting, etc. a privilege. (b) To hunt, fish or trap, or to capture or kill wildlife as defined herein, or to possess or transport the same is hereby declared to be a privilege to be exercised only in accordance with the laws granting such privilege. Every person exercising this privilege does so subject to the right of the State to regulate the hunting, fishing, trapping, capturing and killing of wildlife and it is hereby made the duty of every person participating in the privileges of killing, taking, capturing or possessing wildlife, to permit the Commission, its officers and wildlife rangers, to inspect and count such wildlife to ascertain whether the requirements of the wildlife laws and regulations are being faithfully complied with. Any person who shall refuse the inspection and account required by this section, or shall interfere

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with such officer or obstruct such inspection or count, shall be guilty of a misdemeanor and punished as provided by law. 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. As used in this Act, unless the context clearly requires otherwise, the following words or groups of words shall have the meanings shown below: Definitions. (1) The word `Commission' shall mean the State Game and Fish Commission. (2) `Director' shall mean the Director of the State Game and Fish Commission. (3) `Wildlife' shall mean any vertebrate or invertebrate animal life indigenous to this State or any species introduced or specified by the Commission and includes quadrupeds, mammals, birds, fish, amphibians, reptiles, crustaceans and mollusks, or any part thereof. (4) `Hunt' or `hunting' shall mean pursuing, shooting, killing, and capturing wildlife and all lesser acts such as disturbing, harrying, or worrying, or placing, setting, drawing, or using any device used to take wildlife, whether they result in taking or not; and shall include every act of assistance to any person in taking or attempting to take wildlife. (5) `Resident' shall mean any citizen of the United States who has been domiciled within the State of Georgia for a period of three months. (6) `Fishing' shall include catching, capturing, or killing fish and all sea food; and all lesser acts such as attempting to catch, capture, or kill by any device or method; and shall include every act of direct assistance to any person in catching or attempting to catch fish or seafood.

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(7) `Private pond' is a body of water being wholly on or within the lands of one title, where the fish cannot go up stream or down stream or to the lands of another. (8) `Public Road' shall mean any road open to and intended for use of the public and maintained at public expense. (9) `Trapping' shall mean taking, killing or capturing wildlife with traps or deadfalls or other devices commonly used to take wildlife; and includes all lesser acts such as placing, setting or staking such traps, deadfalls, and other devices whether they result in taking or not, and every attempt to take and every act of assistance to any person in taking or attempting to take wildlife with traps, deadfalls, or other devices. (10) `Immediate Family' shall mean all persons living in one household, under one head, and bearing a blood or dependent relationship to the person whose immediate family is referred to. (11) `Carrier' shall mean a person engaged in the business of transporting goods, and includes a common carrier, contract carrier, and private carrier. (12) `Bag Limit' or `Creel Limit' shall mean the quantity wildlife which may be taken, caught, or killed during a period fixed by the Commission. (13) `Person' shall mean any individual, partnership, firm, corporation, association or other entity. (14) `Waters of this State' shall include all fresh waters except ponds or lakes not open to the public whether within the lands of one title or not. (15) `Mountain Trout' shall include rainbow, brook and brown trout. (16) `Artificial Lure' shall mean any lure which is man made, in imitation of or as a substitute for natural bait, and shall include artificial flies. This Section does not include fish eggs, corn or chemically treated or processed foods.

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(17) `Big game' shall mean turkey, deer, bear and wild boar. (18) `Feral Hogs' shall include all hogs living in a wild state which cannot be claimed as domestic hogs in private ownership. Section 3. Said Act is further amended by striking section 7 in its entirety and substituting in lieu thereof a new section 7 to read as follows: Section 7. The Commission shall elect a Chairman, Vice Chairman, and a Secretary. These officers shall be elected for a period of one year, and shall be elected annually at the January meeting. The Commission shall hold four (4) regular meetings, to be held in January, April, July and October, and may hold as many as six (6) special or call meetings in any one year. Six members of the Commission shall constitute a quorum. A special or call meeting may be called by the Chairman or a majority of the members of the Commission. The members of the Commission, including the Chairman, shall each receive twenty-five dollars for each day of actual attendance of meetings of the Commission, and actual cost of expenses including transportation to and from the place of meeting and their homes by the nearest practical route, not to exceed ten (10) cents per mile. Members of the Commission, including the Chairman, shall receive while on committee assignments, twentyfive dollars for each day of actual service and cost of expenses including transportation to and from the place of service and their homes by the nearest practical route, provided, however, that the total per diem compensation paid in any year to any member of the Commission shall not exceed $1,200.00. Such per diem and travel expense shall be paid from funds of the Commission. Chairman, etc. of commission. Section 4. Said Act is further amended by striking section 11 in its entirety and substituting in lieu thereof a new section 11 to read as follows: Section 11. The State Game and Fish Commission at its first meeting shall appoint a director, who shall be the

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executive secretary and administrative officer of the Commission. The Director shall have the authority to delegate any power conferred by the Commission or this Act, and shall have such other powers and duties as may be prescribed by the Commission and by this Act, for all of which duties combined he shall receive a salary of $17,500.00 per annum, payable monthly. In addition, he shall receive a contingent expense allowance, payable monthly, and travelling expenses necessary in the performance of his duties. The Director shall devote his full time to the duties of his office and shall have such power and shall perform such duties as may be assigned to and required of him by the Commission. He shall take oath of office and give bond in the sum of $10,000 in the usual form required of state officials. Such Director shall have offices at the State Capitol, which shall also be the office of the Commission. The Director shall hold office at the pleasure of the Commission. No member of the Commission, during his tenure of office or within two years thereafter, shall be eligible for appointment as Director or for any employment under the Commission or the Director. Director. Section 5. Said Act is further amended by striking section 13 in its entirety and substituting in lieu thereof a new section 13 to read as follows: Section 13. (a) The Commission shall appoint and fix the salaries of such assistants and employees, including a uniformed division to be known as wildlife rangers, of such number as may be necessary to carry out the duties assigned to them by the Commission and Director, within funds available to and appropriated therefor, all of whom shall serve at the pleasure of the Commission. The Director shall have the authority to establish ranks and ratings within said uniformed division. The Commission shall not appoint any persons or assistants, or employees including wildlife rangers, related by blood in a degree closer than third cousins to the members of the Commission or to the Director. Employees. (b) The State Game and Fish Commission is hereby authorized to purchase, as other State purchases are made, all

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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. (c) The Game and Fish Commission is authorized to pay to each wildlife ranger the expenses incurred by the ranger in the performance of his duties. Section 6. Said Act is further amended by striking section 18 in its entirety and substituting in lieu thereof a new section 18 to read as follows: Section 18. The wildlife rangers of this State shall have the power: (a) To enforce all laws, rules and regulations pertaining to wildlife and boating safety and as otherwise provided. (b) To execute all warrants and search warrants for the violation of the laws, rules and regulations pertaining to wildlife or boating safety. Wildlife rangers. (c) To serve subpoenas issued for the examination, investigation, and trial of all offenses against the laws, rules and regulations pertaining to wildlife or boating safety. (d) To arrest without warrant any person found violating any of the laws, rules and regulations pertaining to wildlife, or to hunting, fishing, or boating. (e) To seize and take possession of all wildlife or parts thereof, taken, caught, killed, captured or in possession, or under control, or which have been shipped or are about to be shipped at any time in any manner or for any purpose contrary to the laws, rules and regulations pertaining to wildlife. Seizures made under this Section shall be donated to some charitable institution in this State, provided that such wildlife so seized shall be liberated when alive and substantially uninjured. (f) To go upon any property outside of buildings, posted or otherwise, in the performance of their duties.

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(g) To carry firearms while performing duties pertaining to wildlife. (h) To seize, as evidence, without warrant any device, other than a boat, vehicle or aircraft, when they have cause to believe that its possession or use is in violation of any of the provisions of the laws dealing with wildlife or regulations of the Commission. For the purposes of this section, `devices' include any light, hunting apparatus or fishing or netting gear or tackle. (i) To enter and inspect any commercial cold storage warehouse, ice house, locker plant, butcher shop or other plant or building for the purpose of determining whether wildlife is being kept or stored therein in violation of the wildlife laws or Commission regulations. (j) Wildlife rangers shall have the full authority of peace officers while in performance of their duties. Section 7. Said Act is further amended by striking section 28 in its entirety and substituting in lieu thereof a new section 28 to read as follows: Section 28. (a) It shall be unlawful for any person to hunt, fish or trap or in any manner take, catch, hold or possess any of the wildlife of this State, without first procuring the necessary licenses or permits, except as otherwise provided by law and/or interstate agreements. Hunting, fishing and trapping licenses in this State shall be issued and sold by the Commission on forms which shall contain information as the Commission may prescribe. Licenses. (b) Licenses for hunting and fishing may be sold in each county by agents approved by the Director. There shall be two types of license agents so approved: Bonded License Agents and Cash License Agents. Each Bonded License Agent shall: (1) Remit to the Director a premium which shall entitle him to coverage under a blanket performance bond provided by the Director. Such premiums shall be due and payable annually upon notice.

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(2) Account for such license sales and the cash from the resulting sales in a monthly report to the Director. Such reports shall be due in the Atlanta office of the Commission no later than the 10th day of the following month. (3) Account for all licenses issued to them whenever requested to do so by the Director. (4) Keep copies of all licenses sold. (5) Not receive for themselves more than twenty-five cents for each license issued. (6) Return to the Director all unsold licenses within thirty (30) days after the expiration of such licenses. (c) Each Cash License Agent shall: (1) Remit to the Director, in advance, the net cost of any licenses ordered for sale. Such remittance shall be in the form of a certified check or U. S. Postal money order. (2) Account for all licenses issued to them whenever requested to do so by the Director. (3) Keep copies of all licenses sold. (4) Not receive for themselves more than twenty-five cents for each license issued. (5) Return to the Director all unsold licenses within thirty (30) days after the expiration of such licenses. All unsold licenses returned will be credited by the Director for new licenses or refunds will be made to the agent. Section 8. Said Act is further amended by striking section 29 in its entirety and substituting in lieu thereof a new section 29 to read as follows: Section 29. (a) It shall be unlawful to make any false statement as to any fact required as a prerequisite to the issuance of a license or permit and any license or permit

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obtained in violation of this section is void. Any license agent may require the applicant for license or permit to show proof of statements or facts required for issuance of any license or permit. Any person violating any of the provisions of this section shall, upon conviction, be guilty of a misdemeanor and punished as provided by law. Crimes. (b) It shall be unlawful for any person to counterfeit or alter or attempt to counterfeit, change or alter any license or permit issued under the laws of this State by the Commission. The collecting of any funds for any licenses or permits by persons unauthorized by the Director shall be unlawful. Any person violating any provision of this Section shall, upon conviction, be guilty of a misdemeanor and punished as provided by law. Section 9. Said Act is further amended by striking section 30 in its entirety and substituting in lieu thereof a new section 30 to read as follows: Section 30. (a) License and permit fees for those persons hunting, trapping, holding or possessing wildlife within this State shall be as follows: License fees. (I) HUNTING LICENSES (1) State Resident Hunting License Season $ 3.25 (2) Non-Resident Hunting License Season 25.25 (3) Non-Resident Hunting License 10 day 12.50 (4) State Resident Archery License Season 3.25 (5) Non-Resident Archery License 10 day 12.50 (6) Non-Resident Archery License Season 25.25 (7) State Resident Alligator License Season 50.00 (II) COMBINATION LICENSES (1) State Resident Hunting/Fishing License Season $ 5.25

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(III) FRESH WATER FISHING LICENSES (1) State Resident Fishing License Season $ 2.25 (2) Non-Resident Fishing License Season 7.25 (3) Non-Resident Fishing License 5 day 2.25 (4) State Resident Spear Fishing Season 2.25 (5) Non-Resident Spear Fishing Season 5.25 (IV) TRAPPERS LICENSE (1) State Resident Trappers License Season 4.25 (2) Non-Resident Trappers License Season 35.00 (V) COMMERCIAL FISHING LICENSES (1) State Resident Commercial Fishing Season $ 10.00 (2) Non-Resident Commercial Fishing Season 20.00 (3) State Resident Commercial Shad Season 5.00 (4) Non-Resident Commercial Shad Season 100.00 (5) State Resident Salt Water (boat operator) Season 2.00 (6) Non-Resident Salt Water (boat operator) Season 5.00 (VI) FUR, HIDE AND PELT LICENSES (1) State Resident Fur Dealer Annual $ 100.00 (2) Non-Resident Fur Dealer Annual 200.00 (3) State Resident Fur Dealers Agent Annual 10.00

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(VII) MISCELLANEOUS LICENSES AND PERMITS (1) State Resident Retail Minnow Dealer Annual $ 2.50 (2) State Resident Wholesale Minnow Dealer Annual 25.00 (3) State Resident Import Minnow Dealer Annual 100.00 (4) Non-Resident Wholesale Minnow Dealer Annual 100.00 (5) State Resident Game Holding Permit Annual 2.50 (6) State Resident Commercial Quail Permit Annual 25.00 (7) Managed Area Big Game or Waterfowl Hunt Permit Hunt 5.00 (8) Managed Area Small Game Hunt Permit Hunt 1.00 (9) Scientific Collectors Permit Annual 5.00 (10) Wildlife Exhibition Permit Annual 50.00 (11) Non-Resident Public Hunt Preserve License Season 5.25 (12) Non-Resident Private Hunt Preserve License Season 12.50 (13) Commercial Fish Hatchery License Annual 50.00 (b) In addition to the license fees hereinabove provided for the Commission may impose daily use fees, not to exceed one dollar ($1.00) and issue permits therefor to fish in specially stocked streams or lakes as may be designated by the Commission. Such permits shall be issued by such person or persons as may be designated by the Director at or near the area in which such permits are required.

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Section 10. 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. (a) It shall be unlawful for any resident of this State, who has attained the age of 16 years, to hunt, fish, or trap without a proper resident license, as provided in section 30 of this Act, 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. Persons required to have licenses, etc. (b) It shall be unlawful for any person not a resident of Georgia, who has attained the age of 16 years, to hunt, fish, or trap in the jurisdiction of this State without a proper non-resident license as provided in section 30 of this Act, except as otherwise provided by law and interstate agreements. It shall be unlawful for any non-resident to hunt, fish, or trap without carrying the required license on his person. (c) All legal residents of Georgia who are 65 years of age or more and who apply to the Commission shall receive an honorary hunting and fishing license which shall entitle the holder thereof to hunt and fish without the payment of any fee whatsoever. All legal residents of Georgia who are totally blind and who shall apply to the Commission shall be issued an honorary fishing license which shall entitle the holder thereof to fish within this State without the payment of any fee whatsoever. Any veteran, who is a legal resident of Georgia, who shall file with the Commission a letter from the Veterans Administration stating that he is a totally disabled American veteran shall be issued a permanent honorary fishing license which shall entitle such veteran to fish within this State without the payment of any fee whatsoever. Honorary licenses. (d) Nothing herein shall have any effect whatsoever on honorary hunting and fishing licenses for all legal residents of Georgia who are 65 years of age or more, honorary fishing

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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. (e) All honorary hunting and fishing licenses with the exception of the payment of fees, are subject to all other provisions of laws, rules and regulations of this State. Such honorary licenses may be revoked upon the conviction of the holder for any violation of the game and fish laws of this State. It shall be unlawful for any person having an honorary fishing license or hunting license to permit the use fo same by any other person. It shall also be unlawful for any person to use an honorary hunting and fishing license who is not entitled to the same. All sport fishing licenses issued under the provisions of this section 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 11. Said Act is further amended by striking in their entirety sections 31B and 31C and substituting in lieu thereof a new section to be designated section 31A to read as follows: Section 31A. (a) No person shall engage in the business of dealing in furs, hides or pelts of wildlife within this State without first procuring a valid fur dealers license, as provided in Section 30 of this Act. A resident fur dealer shall be a person who is a legal resident of Georgia at the time he makes application for such license, and if the applicant is a partnership, all members of the partnership shall be legal residents of this State. If one or more members of the partnership are non-residents, the partnership shall be deemed non-resident. If the business is a corporation, it shall be incorporated under the laws of the State of Georgia, as a domestic corporation, or if a foreign corporation shall be qualified under the laws of the State of Georgia to do business within this State, and shall have a regularly maintained and established place of business within the State of Georgia. All other fur dealers shall be deemed non-resident fur

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dealers. Fur dealers licenses shall include the licensee if an individual, and the members of the partnership if a partnership, and the president and manager if a corporation. Any person violating any provision of this Section shall, upon conviction, be guilty of a misdemeanor and punished as provided by law. Dealers in furs, etc. (b) Every fur dealer within this State shall file with the Game and Fish Commission, not later than thirty (30) days after the close of the trapping season, a complete report listing the number of each type of hide, fur or pelt purchased during the season and the person from whom purchased. Any dealer failing to file this report within the alloted time will be denied the renewal of his fur dealers license for the new season. (c) Any properly licensed fur dealer shall make application to the Commission to license any resident employee or resident officer of the fur dealer, who is authorized to purchase, sell or otherwise acquire title to or possession of furs, hides and pelts for and in behalf of the fur dealer, as a fur dealer agent. The fur dealer shall notify the Commission in writing of the names of such employees and their residence and other such information relating to said employees as the Commission may prescribe, and thereupon the Commission may issue a fur dealers agents license to such employee, upon payment of the required fee, which would entitle such employee to exercise all the privileges conferred by the license, and the fur dealer shall be bound by the acts or conduct of such employee within the scope of his employment. No fur dealer may designate an employee as his agent if such employee is designated as the agent of any other fur dealer and no employee shall be permitted to represent more than one licensed fur dealer at the same time and shall be required to cancel or terminate his agency or representation from one fur dealer before accepting employment from another. No licenses so issued shall be transferable to any person and there shall be no rebate, refund or reduction in the license fee for any reason whatsoever. Any person violating any provision of this Section shall, upon conviction, be guilty of a misdemeanor and punished as provided by law.

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Section 12. Said Act is further amended by striking section 32 in its entirety and substituting in lieu thereof a new section 32 to read as follows: Section 32. Under the seal of the Commission, permits may be issued to any person to take, capture, kill, ship or transport any of the wildlife of this State or the plumage, skin or body thereof, or the nest or eggs of the same for scientific purposes, under such regulations and restrictions as may be imposed by the Commission. Such permits may be issued upon payment of a fee of $5.00, and the same may be revoked at the pleasure of the Commission. Such permits, unless sooner revoked, shall be valid from April 1st of the year in which issued until March 31st of the following year. It shall be unlawful for any person or persons to take, capture, kill or transport any of the wildlife of this State or the plumage, skin or body thereof, or the nests or eggs of the same for scientific purposes without first obtaining a valid permit as herein provided. Scientific permits. Section 13. Said Act is further amended by adding a new section between sections 32 and 33 to be designated section 32A, to read as follows: Section 32A. It shall be unlawful for any person within this State to hold or possess game birds or game animals for the purpose of propagation or pets without first procuring a valid State resident game holding permit, as provided in section 30 of this Act. Any game birds or game animals held under such permit may not be sold by the holder but must be retained or consumed or disposed of without charge. Any person violating any provision of this Section shall, upon conviction, be guilty of a misdemeanor and punished as provided by law. Game birds and animals. Section 14. Said Act is further amended by striking section 33 in its entirety and substituting in lieu thereof a new section 33 to read as follows: Section 33. (a) No person shall take shad from the waters of this State for purposes of sale without first having procured from the Commission a license as follows: Persons

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having a residence within this State and being citizens of the United States shall pay a fee of $5.00 for such license. Citizens of other states residing outside of this State shall pay a fee of $100.00. All licenses provided for in this section shall be effective from April 1st of the year in which issued until March 31st of the following year. Shad. (b) Any person or persons who take shad from the waters of this State for the purpose of sale in violation of the provisions of this Section, without having first procured the license therein required, shall be guilty of a misdemeanor and punished as provided by law. Section 15. Said Act is further amended by adding a new section between sections 36 and 37 to be designated section 36A, to read as follows: Section 36A. (a) All commercial seafood dealers, including packers, shuckers, processors or shippers who purchase seafood from any licensed commercial fishing boat, shall be required to maintain at all times a record book, as prescribed by the Commission, showing the amount of fish, oysters, prawn, shrimp and other seafood bought daily, along with such other information as may be required by the Commission. Such records shall be open at all times to the duly authorized agents of the Commission. Seafood dealers. (b) Any person failing to keep the record required above, or failing to produce the same upon the demand of any duly authorized agent of the Commission, or who shall in any manner fail to comply with the provisions of this section, shall, upon conviction, be guilty of a misdemeanor and punished as provided by law. Section 16. Said Act is further amended by striking section 53 in its entirety and substituting in lieu thereof a new section 53 to read as follows: Section 53. Except as otherwise specifically provided, it shall be unlawful for any person in this State to barter or sell or offer to barter or sell or to purchase or offer to purchase, any of the game birds, game animals or game fish

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of this State. Provided, however, that officers of the State Game and Fish Commission and the U. S. Fish Wildlife Service may buy, or offer to buy, wildlife or parts thereof for the sole purpose of obtaining evidence of violations of the wildlife laws or regulations. Any person violating any of the provisions of this section shall, upon conviction, be guilty of a misdemeanor and punished as provided by law. Crimes. Section 16A. Said Act is further amended by adding a new section after section 58 to be known as section 58A to read as follows: Section 58A. No person who is fifteen (15) years of age or younger shall hunt deer in this State, unless such person is under the direct supervision of an adult during the period in which he is hunting. Deer hunters. Section 17. Said Act is further amended by striking section 60 in its entirety and substituting in lieu thereof a new section 60 to read as follows: Section 60. It shall be unlawful for any person to hunt, shoot or chase, catch or kill, with or without dogs, any wildlife upon any public road in this State. It shall also be unlawful for any person to discharge any weapon, for any purpose, across any public road in this State. Any person violating any of the provisions of this section shall, upon conviction, be guilty of a misdemeanor and punished as provided by law. Hunting on public roads, etc. Section 18. Said Act is further amended by striking section 64 in its entirety and substituting in lieu thereof a new section 64 to read as follows: Section 64. (a) It shall be unlawful for any person to place, expose, deposit, distribute or scatter any corn, wheat, or other grains, salt, apples or other feeds so as to constitute for any game bird or game animal a lure or attraction or enticement to, on or over any area where hunters are attempting to take them. Any person violating any of the provisions of this section shall, upon conviction, be guilty of a misdemeanor and punished as provided by law. Baited fields.

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(b) It shall be unlawful for any person to hunt any game bird or game animal upon, over, around or near any place where any bait has been placed, exposed, deposited, distributed or scattered so as to constitute a lure, attraction or enticement to such birds or animals. Any person violating any of the provisions of this section shall be guilty of a misdemeanor and, upon conviction, shall be punished as provided by law. Section 19. Said Act is further amended by striking sub-sections (a) and (c) of section 67 in their entirety and substituting in lieu thereof new subsections (a) and (c) to read as follows: (a) There shall be no night hunting in this State except for raccoons, opossums, foxes, mink, skunk, rabbits, babcats and coyotes and these may not be hunted with lights; provided, however, that those persons hunting raccoons, opossums, foxes, bobcats and coyotes may have in their possession handlights which do not exceed six (6) volts. Night hunting. (c) The Director, within 30 days after the seizure of any vehicle, boat, animal or firearm used in the hunting of deer at night, shall institute proceedings by petition in the superior court of any county where the seizure was made against the property so seized and against any and all persons having an interest in or right affected by the seizure or sale of such property. A copy of such petition shall be served upon the owner or lessee of such property, if known, and upon the person or persons having custody or possession of such property at the time of the confiscation or seizure. If the owner or lessee or person or persons having custody or possession of such property at the time of seizure is unknown, notice of such proceedings shall be published once a week for two consecutive weeks in the newspaper in which sheriff's advertisements of the county are published. Such publication shall be deemed notice to any and all persons having an interest in or right affected by such proceeding and any sale of the property resulting therefrom. If no defense or intervention shall be filed within 30 days from the filing of the petition, judgment by

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default shall be entered by the court; otherwise the case shall proceed as other civil cases. Should it appear upon the trial of the case or upon default that such property was so used and that such use was with the consent, express or implied, of the owner, the property shall be sold by order of the court after such advertisement as the court may direct. The proceeds arising from such sale shall be applied. (1) To the payment of proper costs and expenses including expenses incurred in the seizure; (2) To the payment of the cost of the court and its officers; (3) To the payment of any cost incurred in the storage, advertisement, maintenance or care of such property; and (4) The remainder shall be paid into the State treasury for deposit in the Game Protection Fund. Section 20. Said Act is further amended by adding between section 70A and section 71, ten new sections to be designated sections 70B through 70K, to read as follows: Section 70B. (a) It shall be unlawful for any person to hunt, catch, take, kill or attempt to hunt, catch, take or kill any game bird or game animal by the use or aid of recorded calls or sounds or recorded or electronically amplified imitations of calls or sounds. Recorded sounds. (b) It shall be unlawful to kill male deer in this State unless such deer shall have antlers visible above the hair; provided, however, that in any area in which the Commission authorized an antlerless season, antlerless male deer may be killed. Deer. (c) It shall be unlawful for any person to hunt, fish or attempt to kill or trap any game bird or game animal or game fish after having obtained the daily bag or creel or season limit during such day or season. Daily limits.

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(d) Falcons may be used to pursue and take wildlife species only during the lawful open season and within bag limits. Persons may take and have in possession not more than three (3) birds of the order RAPTORES, except eagles, and use such birds in pursuit and taking of wildlife species. A valid hunting license must be in possession of all persons engaging in such hunting. All falcons shall be banded with the owner's name and address. Any person violating any of the provisions of this section shall be guilty of a misdemeanor and, upon conviction, shall be punished as provided by law. Section 70C. It shall be unlawful for any person to engaged in or participate in the hunting of small game, big game or waterfowl on any Commission operated Wildlife Management Area or Public Hunting Area without first procuring, in addition to valid hunting license, a valid managed area small game, big game, or waterfowl hunt permit, as provided in section 30 of this Act. Notwithstanding the other provisions of this Act, the Commission may provide for the hunting of big game without charge on certain designated areas where it is felt in the best interest of the Department and wildlife conservation. Any person violating any provision of this section shall, upon conviction, be guilty of a misdemeanor and punished as provided by law. Commission operated areas. Section 70D. It shall be unlawful for any person to keep, hold or possess any wildlife in captivity for the purpose of display or exhibition to the public without first procuring a valid wildlife exhibition permit as provided in section 30 of this Act. The Director is hereby authorized to issue permits in accordance with regulations of the Commission requiring adequate sanitation facilities, housing and feed for the animals and to insure provisions for public safety. Notwithstanding the other provisions of this Act, exhibitions of wildlife by educational institutions, State, city, county or municipal zoos or parks or transient circuses shall not be required to procure a wildlife exhibition permit; however, all other provisions of this section relating to sanitation, housing, feed and public safety must be met. Any person violating any provision of this section

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shall, upon conviction, be guilty of a misdemeanor and punished as provided by law. Exhibits. Section 70E. Any person within this State who shall destroy the evidence of the sex of any deer so as to make the determination of the sex thereof impossible or uncertain; or any person who shall possess any deer which has had the evidence of the sex destroyed so as to make the determination of the sex thereof impossible or uncertain, shall be guilty of a misdemeanor, and upon conviction, shall be punished as provided by law. Provided, however, that this section shall not apply to deer which have been fully processed for consumption. Deer. Section 70F. Any person who while driving a motor vehicle is involved in a collision with a deer shall, if the deer is killed, immediately notify the nearest wildlife ranger or sheriff's office. If there exists a charitable institution or prison within the county which can make use of the carcass, the wildlife ranger may deliver the carcass to such institution for consumption and shall require receipts as provided by the Commission. If no such institution exists within the county, and there is no cause to question the accidental killing of the deer, the wildlife ranger may, at his discretion, award the carcass to the person who hit the deer, to be possessed and consumed only by the immediate family of such person. Receipts shall be required for deer so awarded. Same. Section 70G. Any person who by force, menace, threat, or in any manner resists or interferes with any arrest for violation of any wildlife or boating law or Commission regulation, or refuses to go with an officer after an arrest has been made, or interferes with any officer in the performance of his duty, shall, upon conviction thereof, be guilty of a misdemeanor and punished as provided by law. Interference with arrests. Section 70H. It shall be unlawful for any person who is not at the time a duly commissioned officer of the State Game and Fish Commission or a deputy legally commissioned by such Commission to identify himself as an officer of the Commission or to wear or exhibit in public any official

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badge of the Georgia Game and Fish Commission or to wear the official uniform of the Commission or any part thereof. Any person violating any provision of this section shall, upon conviction, be guilty of a misdemeanor and punished as provided by law. Impersonation of officer. Section 70I. (a) The jurisdiction of the courts of ordinary of the several counties of this State are hereby enlarged and extended so that said courts, acting by and through the judge or presiding officer thereof, shall have the right and power to receive pleas of guilty and impose sentence upon defendants violating the provisions of this Act, provided the defendant waives a jury trial. Trials in courts of ordinary. (b) When a person is arrested for any violation of the wildlife laws or Commission regulations, the arresting officer may, at his discretion, choose to issue to such offenders, a summons to appear before a court of jurisdiction. When such summons is to be issued the arresting officer shall prepare in quadruplicate, a written notice to appear or summons. Every such summons shall show: Summons. (1) That it is issued by authority of the Commission; (2) The name of the person summoned, or if the person to be summoned refuses to give his name or the officer serving the summons believes the name given is false or if the officer is for other cause unable to ascertain the correct name of the person to be summoned, a fictitious name plainly identified as such; (3) The offense with which the person being summoned is charged and the date and location of the alleged offense; (4) The location of the court and the day and hour at which he is summoned to appear; (5) That failure to so appear is a violation of Georgia Laws and subject to prosecution; (6) The date the summons is served;

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(7) The name and official designation of the officer serving it. (c) Every person so summoned shall appear at the place and on the date ordered except in cases where a bond has been posted in lieu of the summons, or where the court has granted a continuance. (d) The officer serving a summons pursuant to this section shall on or before the return date of the summons deliver a copy thereof to the court before which it is returnable, or to the clerk of such court, and shall file any information and such affidavits as may be required with respect to the alleged offense. Section 70J. It shall be unlawful for any person to damage or destroy any equipment, gate, building or other property belonging to or being utilized by the Commission or any of its employees or agents. Any person violating any provision of this section shall, upon conviction, be guilty of a misdemeanor and punished as provided by law. Commission property. Section 70K. No person shall liberate any wildlife within this State or any fish or fish eggs into the waters of this State except under permit from the Commission. The Commission may issue such permits at its discretion, fix the terms thereof and revoke it at its pleasure. Licenses to stock. Section 21. Said Act is further amended by adding a new section between section 80A and section 81 to be designated section 80B, to read as follows: Section 80B. No person shall take, possess or remove from any legally set trap any lawfully trapped wildlife without the permission of the owner of such trap. Any person violating any provision of this section shall, upon conviction, be guilty of a misdemeanor and punished as provided by law. Traps. Section 22. Said Act is further amended by adding three new sections between sections 81 and 82 to be designated section 81A, 81B and 81C, to read as follows:

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Section 81A. It shall be unlawful to fish or trespass with intent to fish upon any waters or lands being utilized by the Commission for fish propagation, or to damage or destroy any pond, pool, flume, dam, pipeline, property or appliance belonging to or being utilized by the Commission, or to interfere with, obstruct, pollute, or diminish the natural flow of water into or through a fish hatchery. Trespass. Section 81B. (a) It shall be unlawful for any person, firm or corporation to throw, dump, drain or allow to pass into the waters of this State, belonging to or being utilized by the Commission for fish propagation, any sawdust, dyestuff, oil, chemicals or any other deleterious substances that will or may tend to injure, destroy or drive away from such waters, any fish or amphibia which may inhabit such waters. Water pollution. (b) The State, through the Game and Fish Commission, may recover damages in a civil action against any person, firm or corporation who unlawfully or negligently injures or destroys any fish or amphibia in any waters belonging to or being utilized by the Commission for fish propagation. Civil actions. (c) The measure of damages is the amount which will compensate for all the detriment proximately caused by the destruction or injury of such fish or amphibia. Section 81C. It shall be unlawful for any person or persons to steal, take or carry away fish from any State fishing hatchery or rearing pond and any person so taking, stealing or carrying away such fish shall be guilty of a misdemeanor and upon conviction shall be punished as provided by law. Crimes. Section 23. Said Act is further amended by striking in their entirety sections 84(A) and 84-A and substituting in lieu thereof new sections to be designated sections 84A and 84B, to read as follows: Section 84A. It shall be illegal for any person to take, capture, or kill at night, any fish in any of the tidal waters of this State by use of any firearm or other similar instrument,

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and any person violating any provision of this section shall be guilty of a misdemeanor and punished as provided by law. Shooting fish, etc. Section 84B. The spearing of rough fish solely for the purpose of sport, in the fresh waters of this State, shall be lawful, provided the person engaged in the act of spearing shall be completely submerged. `Rough fish', as used herein, shall be limited to those fish designated as such by the Commission. `Spearing' as used herein, shall be limited to the use of a spear or similar instrument, that is held in the hand of the person using same and the use of a weapon, other than a firearm, which propels or forces a projector, or similar device therefrom, to which a wire rope line, cord, or other means of recovering the propelled projector, or similar device, is attached and is secured to the weapon or the person using the weapon. When a group of individuals shall meet for the purpose of a competitive spear fishing event, notice thereof shall be given at least seven days prior thereto, the Commission designating the time, date and place of the event. Each person engaged in the spearing of rough fish shall, in addition to the Georgia fishing license, have a rough fish spear fishing license. The fee for the license for spear fishing of rough fish, in addition to the Georgia fishing license, shall be: State resident license for spear fishing of rough fish, $2.25; nonresident license for spear fishing, $5.25. Rough fish. Section 24. Said Act is further amended by striking subsection (b) of section 87 in its entirety and substituting in lieu thereof a new subsection (b) to read as follows: (b) Before any person shall use any basket for taking rough fish, such person shall be required to obtain a valid commercial fishing license from the State Game and Fish Commission. Provided, however, that the employees of the State Game and Fish Commission shall not be required to have such permit when such basket or baskets are used for rough fish control. Any rough fish taken in said baskets by the employees of the State Game and Fish Commission, when taken for rough fish control, shall be given to a charitable institution. Same.

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Section 25. Said Act is further amended by striking subsections (b) and (c) of section 91A in their entirety and substituting in lieu thereof new subsection (b) and (c) to read as follows: (b) Private individuals having valid sport fishing licenses duly issued by the Game and Fish Commission may capture minnows to be used as bait from any of the fresh waters of this State, by means of dip nets or minnow nets which are not over 20 feet in length, where such minnows are not to be sold or otherwise used for commercial purposes. Any game fish, or fish other than minnows, taken in such net shall be at once returned to the waters and released, and it is hereby declared unlawful to retain or keep any fish other than minnows taken by such net; Provided further, that the Game and Fish Commission may close by proclamation, as provided in section 15 of this Act, certain waters from time to time, against the taking of minnows, and may regulate the taking of minnows from public waters when this is found necessary. Minnows. (c) No person shall engage in the business of a wholesale or retail dealer, as herein defined, without first obtaining an annual license from the State Game and Fish Commission as follows: said licenses to be effective from April 1 in the year of issuance through March 31 next following: (1) Resident retail dealer $ 2.50 (2) Resident wholesale dealer 25.00 (3) Resident import wholesale dealer 100.00 (4) Non-resident wholesale dealer 100.00. Section 26. Said Act is further amended by adding a new section between sections 116 and 117 to be designated section 116A, to read as follows: Section 116A. Any person violating any provision of this Act, when a specific penalty has not been provided

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in this Act for such violation, shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor. Crimes. Section 27. Said Act is further amended by adding a new section between sections 118 and 119 to be designated section 118A, to read as follows: Section 118A. An Act entitled `An Act to amend an Act which revised, superseded and consolidated the laws relating to the Game and Fish Commission, approved March 7, 1955 (Ga. L. 1955, p. 483), as amended, particularly by an Act approved February 23, 1956 (Ga. L. 1956, p. 231), so as to change the maximum limit on the length of a minnow net; to repeal conflicting laws; and for other purposes.', approved February 27, 1962 (Ga. L. 1962, p. 120) is hereby repealed in its entirety. Prior act repealed. Section 28. Said Act is further amended by striking section 120 in its entirety and substituting in lieu thereof a new section 120 to read as follows: Section 120. (a) It shall be unlawful for any person to engage in the business of propagating pen-raised quail for food, restocking, propagation or other commercial purposes without first complying with the provisions of this section. Quail. (b) A pen-raised quail is a quail that has been hatched from an egg laid by a quail confined in a pen or coop and has itself been wholly raised in a pen or coop by a person holding a valid Commercial Quail Permit provided by law. (c) Before any sale may be made of the carcass of any quail, the person selling must stamp upon the carcass of each quail, with a rubber stamp and harmless ink, the following information:

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(d) It shall be a violation of this section for any person to sell or offer to sell or to buy or offer to buy any quail carcass that has not been stamped as required by this section. (e) Quail shipped or transported under the provisions of this section shall meet the same requirements as other game birds and animals as provided in this Act. Pen-raised quail offered for sale may not be killed with firearms. (f) Each person holding a Commercial Quail Permit shall keep permanent records, in a suitable permanently bound book, of all bird carcasses sold, to whom sold, the date of the sale and the number sold. All such records, as well as the premises of such licensed breeder, shall be subject to examination and inspection by any agent of the State Game and Fish Commission upon the displaying of his credentials of authority to such breeder. (g) Any person violating any provision of this section shall, upon conviction, be guilty of a misdemeanor and punished as provided by law. Section 29. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 29, 1968. EXCHANGE OF LAND IN FULTON COUNTY. No. 131 (House Resolution No. 493-1063). A Resolution. Authorizing the conveyance of certain real property in Fulton County, Georgia, in exchange for slope easements and certain other real property located in Fulton County, Georgia; and for other purposes.

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Whereas, the State Highway Department of Georgia is the owner of certain real property located in Fulton County, Georgia, more fully described as follows: All that tract or parcel of land lying and being in land lot 108 of the 17th land district of Fulton County, Georgia, being more particularly described as follows: Tract A. Beginning at the intersection of the existing southwesterly right of way line of the Downtown Atlanta Expressway with a line which is seventy (70) feet southwesterly of and parallel to the survey center line of the south bound lane of Georgia Highway Project SP 1167-B (3) at a point opposite Station 95+18 on said survey center line; running thence southwesterly along said parallel line to a point opposite State 94+37.45, and continuing southeasterly along a line which is eighty-two (82) feet southwesterly of and parallel to the survey center line of said project to the intersection of said existing right of way line at a point opposite Station 90+85 on said project survey center line; thence northwesterly, northerly and northwesterly along said existing right of way line back to the point of beginning. Tract B. Beginning at the intersection of the existing southwesterly right of way line of the Downtown Atlanta Expressway with a line which is eighty-two (82) feet southwesterly of and parallel to the survey center line of Georgia Highway Project SP 1167-B (3) at a point opposite Station 89+18 on said survey center line; running thence southeasterly along said parallel line to the intersection of said existing right of way line at a point opposite Station 84+50; thence in a general northwesterly direction along said existing right of way line back to the point of beginning. Tract C. Beginning at the intersection of the existing westerly right of way line of the Downtown Atlanta Expressway with a line which is eighty-two (82) feet westerly of and parallel to the survey center line of Georgia Highway Project SP 1167-B (3) at a point opposite Station 83+81 on said survey center line; running thence

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southerly along said parallel line to the intersection of said existing right of way line at a point opposite Station 82+86; thence northwesterly and northeasterly along said existing right of way line back to the point of beginning. Tract D. Beginning at the intersection of the existing westerly right of way line of the Downtown Atlanta Expressway with a line which is eighty-two (82) feet westerly of and parallel to the survey center line of Georgia Highway Project SP 1167-B (3) at a point opposite Station 80+84 on said survey center line; running thence southerly along said parallel line to the intersection of said existing right of way line at a point opposite Station 79+27; thence northwesterly and northeasterly along said existing right of way line back to the point of beginning.; and Whereas, said described property is now surplus and neither needed or useful to the State Highway Department of Georgia, nor the State of Georgia, in the construction of Georgia Highway Project SP 1167-B (3) Fulton County; and Whereas, Atlantic Steel Company is the owner of certain other real property which is desirable for and adaptable to the construction of Georgia Highway Project SP 1167-B (3) Fulton County, said property being more fully described as follows: All that tract or parcel of land lying and being in land lots 108 and 109 of the 17th land district of Fulton County, Georgia, being more particularly described as follows: Tract 1. Beginning at the intersection of the existing southwesterly right of way line of the Downtown Atlanta Expressway with a line which is seventy (70) feet southwesterly of and parallel to the south bound lane survey center line of Georgia Highway Project SP 1167-B (3) at a point opposite Station 95+18 on said south bound

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lane survey center line; running thence northwesterly along said parallel line to the intersection of the existing southeasterly right of way line of the Southern Railroad Industrial Spur at a point opposite Station 104+53; thence northeasterly along said existing Southern Railroad Industrial Spur right of way line to the intersection of the first mentioned existing right of way line at a point opposite Station 104+61; thence in a general southeasterly direction along said first mentioned existing right of way line back to the point of beginning. Tract 2. Beginning at the intersection of the existing southwesterly right of way line of the Downtown Atlanta Expressway with a line which is eighty-two (82) feet southwesterly of and parallel to the survey center line of Georgia Highway Project SP 1167-B (3) at a point opposite Station 90+85 on said survey center line; running thence southeasterly and southerly along said existing right of way line to the intersection of said parallel line at a point opposite Station 89+18; thence northwesterly along said parallel line back to the point of beginning. Tract 3. Beginning at the intersection of the existing westerly right of way line of the Downtown Atlanta Expressway with a line which is eighty-two (82) feet westerly of and parallel to the survey center line of Georgia Highway Project SP 1167-B (3) at a point opposite Station 84+50 on said survey center line; running thence southeasterly and southwesterly along said existing right of way line to the intersection of said parallel line at a point opposite Station 83+81; thence northerly along said parallel line back to the point of beginning. Tract 4. Beginning at the intersection of the existing westerly right of way line of the Downtown Atlanta Expressway with a line which is eighty-two (82) feet westerly of and parallel to the survey center line of Georgia Highway Project SP 1167-B (3) at a point opposite Station 82+86; running thence southeasterly, southerly, and southwesterly along said existing right of way line to the intersection of said parallel line at a point opposite

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Station 80+84; thence northerly along said parallel line back to the point of beginning. Tract 5. Beginning at the intersection of the existing westerly right of way line of the Downtown Atlanta Expressway with a line which is eighty-two (82) feet westerly of and parallel to the survey center line of Georgia Highway Project SP 1167-B (3) at a point opposite Station 79+27 on said survey center line; running thence southeasterly, southerly, and southwesterly along said existing right of way line to the intersection of said parallel line at a point opposite Station 77+67; thence northerly along said parallel line back to the point of beginning.; and Whereas, the State Highway Department of Georgia is desirous of obtaining the right to construct and maintain any required slope within the eastment areas shown on the Right-of-Way map of the State Highway Department, pertaining to Georgia Highway Project SP 1167-B (3 Fulton County, dated July 31, 1967, which is located in the offices of the State Highway Department of Georgia, 2 Capitol Square, Atlanta, Georgia; and Whereas, the Atlantic Steel Company is willing to convey the said last described real property and slope easements, as shown on the said described State Highway Department map, to the State of Georgia in exchange for the real property first described herein; Now, therefore, be it resolved by the General Assembly of Georgia that the Governor, acting for and on behalf of the State of Georgia, be and is hereby authorized to convey, by deed or other written instrument of conveyance, to the Atlantic Steel Company, all of the right, title and interest which the State of Georgia and the State Highway Department of Georgia has or may have in the said real property first above described, subject to the execution by the Atlantic Steel Company of a deed conveying to the State Highway Department of Georgia a full and unencumbered fee simple title to said

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real property last above described, and subject to the execution of easements with the right to construct and maintain any required slope within the easement areas shown on the Right-of-Way map of the State Highway Department pertaining to Georgia Highway Project SP 1167-B (3) Fulton County, dated July 31, 1967, located in the offices of the State Highway Department of Georgia, 2 Capitol Square, Atlanta, Georgia, and delivery of said deed and easements to the State Highway Department of Georgia. Approved March 28, 1968. SELECTION OF GRAND AND TRAVERSE JURORS. Code 59-106 Amended. No. 963 (Senate Bill No. 360). An Act to amend Code section 59-106, as amended, particularly by an Act approved March 30, 1967 (Ga. L. 1967, p. 251), so as to provide that after the jury commissioners of a county have selected citizens to serve as jurors from the jury list, no new jurors shall be selected from the jury list until the original selection has been completely exhausted; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 59-106, as amended, particularly by an Act approved March 30, 1967 (Ga. L. 1967, p. 251), is hereby amended by striking said section in its entirety and inserting in lieu thereof a new section 59-106, to read as follows: 59-106 . At least biennially, or, if the judge of the superior court shall direct, at least annually, on the first Monday in August, or within 60 days thereafter, the board of jury commissioners shall compile and maintain and revise

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a jury list of intelligent and upright citizens of the county to serve as jurors. In composing such list the commissioners shall select a fairly representative cross-section of the intelligent and upright citizens of the county from the official registered voters' list which was used in the last preceding general election. If at any time it appears to the jury commissioners that the jury list, so composed, is not a fairly representative cross-section of the intelligent and upright citizens of the county, they shall supplement such list by going out into the county and personally acquainting themselves with other citizens of the county, including intelligent and upright citizens of any significantly identifiable group in the county which may not be fairly representative thereon. After selecting the citizens to serve as jurors, the jury commissioners shall select from the jury list a sufficient number of the most experienced, intelligent and upright citizens, not exceeding two-fifth of the whole number, to serve as grand jurors. The entire number first selected, including those afterwards selected as grand jurors, shall constitute the body of traverse jurors for the county, except as otherwise provided herein, and no new names shall be added until those names originally selected have been completely exhausted, except when a name which has already been drawn for the same term as a grand juror shall also be drawn as a traverse juror, such name shall be returned to the box and another drawn in its stead. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 1, 1968.

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SOLICITORS-GENERAL CONTINGENT EXPENSE ALLOWANCE. No. 964 (House Bill No. 1355). An Act to amend an Act entitled 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., approved March 10, 1966 (Ga. L. 1966, p. 438), so as to change the annual contingent expense allowance for solicitors general; 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 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., approved March 10, 1966 (Ga. L. 1966, p. 438), is hereby amended by striking from section 1 the figure $3,600.00 and inserting in lieu thereof the figure 4,800.00, so that when so amended section 1 shall read as follows: 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 $4,800.00, which shall be in addition to any salary or fees received from the State. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 1, 1968.

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PEACE OFFICERS' ANNUITY AND BENEFIT FUND ACT AMENDED. No. 966 (House Bill No. 950). An Act to amend an Act creating the Peace Officers' Annuity and Benefit Fund, approved February 1, 1950 (Ga. L. 1950, p. 50), as amended by an Act approved February 21, 1951 (Ga. L. 1951, p. 472), an Act approved February 12, 1952 (Ga. L. 1952, p. 81), an Act approved March 11, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 574), an Act approved January 5, 1954 (Ga. L. 1953, Nov.-Dec. Sess., p. 488), an Act approved March 3, 1955 (Ga. L. 1955, p. 387), an Act approved February 27, 1956 (Ga. L. 1956, p. 314), an Act approved February 28, 1956 (Ga. L. 1956, p. 280), an Act approved March 25, 1958 (Ga. L. 1958, p. 341), an Act approved March 17, 1959 (Ga. L. 1959, p. 330), an Act approved February 12, 1962 (Ga. L. 1962, p. 39) an Act approved March 30, 1963 (Ga. L. 1963, p. 386), an Act approved April 2, 1963 (Ga. L. 1963, p. 262), an Act approved March 26, 1964 (Ga. L. 1964, p. 757), an Act approved April 8, 1965 (Ga. L. 1965, p. 593), and an Act approved March 10, 1966 (Ga. L. 1966, p. 395), so as to provide for the furnishing of names of peace officers to the Board; to provide for the furnishing of information to the peace officer by the Board; to provide that persons becoming peace officers after April 1, 1965 and prior to July 1, 1968, may claim credit for prior service; to provide that beginning May 1, 1968, no peace officer becoming a member of the Fund shall be given credit for any prior service; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. 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

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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), an Act approved April 8, 1965 (Ga. L. 1965, p. 593), and an Act approved March 10, 1966 (Ga. L. 1966, p. 395), is hereby amended by striking section 9 in its entirety and inserting in lieu thereof a new section 9 to read as follows: Section 9. (a) Any peace officer as herein defined, in order to obtain membership in the Fund, shall make application to the Board upon an application blank to be furnished for that purpose by the Board. It shall be the duty of the employing authority to notify the Board within 30 days from the date a peace officer is employed, furnishing the name and mailing address of such peace officer. The Board shall furnish an application blank to such peace officer within 15 days after such notification. The application blank shall be accompanied by such material and information as will enable the peace officer to determine the benefits to be derived by virtue of his becoming a member of the Fund. When the peace officer makes application to become a member of the Fund, it must be accompanied by a report of a medical examination of such applicant, which report shall note the physical defects of such applicant. Such medical examination must have been made not more than 15 days prior to the date of such application. The Board, in its discretion, may provide for an examination by a physician of the Board's own choosing of the report of the medical examination of the applicant and shall also have the authority to require a medical examination of any applicant by a physician of the Board's own choosing. In addition to any other authority possessed by the Board to reject an application for membership, it is hereby given the authority to reject an application for membership for medical reasons. An applicant must furnish

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proof of the date of his birth and such proof shall be in such form as shall be required by the Board. Applications, etc. (b) Any person becoming a peace officer for the first time after April 1, 1965, and prior to July 1, 1968, may make application to the Board for membership in the Fund before July 1, 1968, and may claim credit for prior service, if any, but must pay therefor at the rate of $7.00 per month. Upon being informed of the names of such peace officers by the employing authority, if still employed thereby, the Board shall furnish application blanks and information as provided hereinbefore to such peace officers. (c) Beginning May 1, 1968 and thereafter, except those provided for in subsection (b), no peace officer who first makes application for membership in the Fund shall be given credit for any prior service and shall receive credit only from the date of his becoming a member of the Fund. No person becoming a peace officer on or after December 1, 1965 who is 45 years of age or older shall ever be eligible for membership in the Fund and for any annuity and benefits provided for in this Act. (d) In addition to the requirements stated hereinbefore, an application for membership shall contain such other information as may be required by the Board. Any person who is a member of the Fund shall pay into the Fund the sum of $7.00 per month not later than the 10th day of the month for that month. Each member of the Fund shall be required to pay into the Fund the regular monthly amount for a minimum period of 20 years before being eligible to receive the retirement benefits provided for in this Act except that if such peace officer is eligible to retire under the provisions of this Act and so desires, he may retire and the Board shall deduct such monthly amount from his retirement benefits until he has paid into the Fund for such 20 year period. (e) Any peace officer who, after once becoming a member of the Fund and after withdrawing or being dropped for any reason, cannot again be considered an applicant for membership, but must apply for reinstatement in compliance

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with section 5 of this Act with any lawful rules and regulations adopted by the Board and, where applicable, to the provisions of this section. Section 2. This Act shall become effective May 1, 1968. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 2, 1968. REVENUEINCOME TAX DEDUCTIONS. Code 92-3109 Amended. No. 968 (House Bill No. 514). An Act to amend Code section 92-3109 relating to deductions in computing net income for income tax purposes, so as to increase the deduction allowed for contributions or gifts made to charities; to provide for an additional deduction for contributions or gifts to certain charities, organizations and associations; to provide that contributions to certain organizations which exceed the limitation for the tax year may, under certain circumstances, be carried over and be deducted in the succeeding five (5) tax years; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 92-3109 relating to deductions in computing net income for income tax purposes, is hereby amended by striking in the first sentence of subsection (g) the following: 15, and inserting in lieu thereof the following:

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20, and by adding at the end of subsection (g) the following: Provided, however, that the twenty percent limitation in the case of individuals, as provided herein, may be increased an additional ten percent for a total deduction for contributions in the case of individuals of thirty percent of the taxpayer's gross income less business expenses, but said additional ten percent shall be allowable only when such contributions are made to the following: (a) churches or conventions or associations of churches; (b) tax-exempt educational organizations having a regular faculty and curriculum and a regular student body attending resident classes; (c) tax-exempt hospitals and, under certain circumstances, organizations directly engaged in continuous medical research in conjunction with such hospitals; (d) certain organizations operated exclusively to hold and administer property for state and local colleges and universities; (e) a state, a possession of the U. S., or any political subdivision of any of the foregoing, or the U. S. or the District of Columbia, if the contribution is made for exclusively public purposes; (f) an organization organized and operated exclusively for charitable, religious, educational, scientific, or literary purposes or for the prevention of cruelty to children or animals if in addition it also normally receives a substantial part of its support (aside from income from its religious, charitable, etc., activities) from a governmental unit described in (e), or from direct or indirect contributions from the general public. Provided further that any contributions to any organization listed in (a) through (f) of the foregoing proviso paid

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in a taxable year which are in excess of the amount deductible for such year may be carried over until exhausted for the next five (5) succeeding taxable years and deducted as such a contribution paid within the succeeding tax year to which it is carried; provided that in any given tax year the total amount of contributions, including any amount carried forward under this section, shall not exceed the percentages set forth in this section and any amounts carried forward under this section and deducted in succeeding tax years shall not be considered in computing any net operating loss for the succeeding tax year to which it is carried., so that when so amended subsection (g) of Code section 92-3109 shall read as follows: (g) Contributions or gifts .Contributions or gifts made within the income year to corporations or associations, including community chest funds, foundations, and trusts created solely and exclusively for religious, charitable, scientific, or educational purposes, or for the prevention of cruelty to children or animals, no part of the net earnings of which inures to the benefit of any private stockholder or individual, in the case of individuals to an amount not in excess of 20 percent of the taxpayer's gross income less business expenses, and in the case of corporations to an amount not in excess of five percent of the corporation's net taxable income computed without benefit of this subsection; except that in the case of a corporation whose income is subject to apportionment under section 92-3113, as amended, the amount allowable shall not exceed the total amount of contributions multiplied by the ratio used in apportioning income to Georgia, or five percent of the net income taxable by Georgia, whichever is smaller. If a corporation, whose entire net income is not taxable by Georgia, shall use any other method of apportioning income to Georgia, or which shall reduce its entire taxable income in any manner, the amount allowable shall not exceed the total amount of contributions multiplied by the ratio that the net income taxable by Georgia after all other deductions bears to the entire net income of the corporation, or five percent of the net income taxable by Georgia after all

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other deductions, whichever is smaller. Provided, however, that the twenty percent limitation in the case of individuals, as provided herein, may be increased an additional ten percent for a total deduction for contributions in the case of individuals of thirty percent of the taxpayer's gross income less business expenses, but said additional ten percent shall be allowable only when such contributions are made to the following: (a) churches or conventions or associations of churches; (b) tax-exempt educational organizations having a regular faculty and curriculum and a regular student body attending resident classes; (c) tax-exempt hospitals and, under certain circumstances, organizations directly engaged in continuous medical research in conjunction with such hospitals; (d) certain organizations operated exclusively to hold and administer property for state and local colleges and universities; (e) a state, a possession of the U. S., or any political subdivisions of any of the foregoing, or the U. S. or the District of Columbia, if the contribution is made for exclusively public purposes; (f) an organization organized and operated exclusively for charitable, religious, educational, scientific, or literary purposes or for the prevention of cruelty to children or animals if in addition it also normally receives a substantial part of its support (aside from income from its religious, charitable, etc., activities) from a governmental unit described in (e), or from direct or indirect contributions from the general public. Provided further that any contributions to any organization listed in (a) through (f) of the foregoing proviso paid in a taxable year which are in excess of the amount deductible for such year may be carried over until exhausted for the next five (5) succeeding taxable years

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and deducted as such a contribution paid within the succeeding tax year to which it is carried; provided that in any given tax year the total amount of contributions, including any amount carried forward under this section, shall not exceed the percentages set forth in this section and any amounts carried forward under this section and deducted in succeeding tax years shall not be considered in computing any net operating loss for the succeeding tax year to which it is carried. Section 2. The provisions of this Act shall become effective for all taxable years ending on and after January 1, 1969. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1968. TEACHER RETIREMENT SYSTEM ACT AMENDED. No. 969 (House Bill No. 671). An Act to amend an Act establishing a retirement system for teachers in the State public schools approved March 19, 1943, (Ga. L. 1943, p. 640), as amended, so as to change the provisions relating to creditable service for prior teaching in other State or independent school systems; to provide that similar benefits received by a resident of this State from a similar retirement system of another State or political subdivision, on a comity basis, may have similar exemptions; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing a retirement system for teachers in the State public schools approved March 19, 1943 (Ga. L. 1943, p. 640), as amended, is hereby amended by striking from the first sentence of subsection 5-A of

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section 4 the following comma and words , where that State or independent school system permits the same credit for teaching service in this State, so that when so amended the first sentence of subsection 5-A of section 4 shall read as follows: (5-A) Any teacher coming into the Teachers' Retirement System shall be entitled to receive credit for prior teaching service in other State or independent school systems, up to a maximum of 10 years. A teacher desiring to establish credit for service rendered in another state that does not permit credit for out-of-state service must pay, in addition to the amount provided for herein, the employer's amount which would have been paid, plus interest at the rate of 3% compounded annually. Credit for prior service. Section 2. Said Act is further amended by designating the present language of section 10 as subsection (a) and adding a new subsection (b) to read as follows: (b) A resident of this State who receives a pension, annuity or retirement allowance from a teachers' retirement system of another State or political subdivision shall have the same exemption or exemptions with respect thereto as are prescribed in subsection (a) provided the law of such other State or political subdivision allows substantially the same treatment to a person residing there with respect to a pension, annuity, or retirement allowance received from the Teachers' Retirement System of Georgia. Exemptions. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1968.

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GEORGIA RETAILERS' AND CONSUMERS' SALES AND USE TAX ACT AMENDEDSALES OF FOOD BY SCHOOLS. No. 970 (House Bill No. 846). An Act to amend an Act known as the Georgia Retailers' and Consumers' Sales and Use Tax Act, approved February 20, 1951 (Ga. L. 1951, p. 360), as amended, particularly by an Act approved April 7, 1967 (Ga. L. 1967, p. 282), so as to exempt the sale of food to be consumed on the premises of certain private elementary and secondary schools by pupils and employees from the taxes imposed by said Act; to provide the procedure connected therewith; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. 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 7, 1967 (Ga. L. 1967, p. 282), is hereby amended by striking subparagraph (u) of section 3 (c) 2 in its entirety and inserting in lieu thereof a new subparagraph (u) to read as follows: (u) Sales of food to be consumed on the premises by pupils and employees of bona fide private elementary and secondary schools which have been approved by the State Revenue Commissioner as organizations eligible to receive tax deductible contributions, provided, application for this exemption is made to the Revenue Department and proof of such exemption established. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1968.

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RADIATION CONTROL COUNCILMEMBERS. Code 88-1305 Amended. No. 971 (House Bill No. 864). An Act to amend Code section 88-1305, relating to the Radiation Control Council, so as to provide that one member of the council shall be a veterinarian; to provide the procedures connected therewith; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 88-1305, relating to the Radiation Control Council, is hereby amended by striking therefrom that sentence which reads as follows: The Governor shall appoint one person from the State at large having recognized knowledge in the field of ionizing radiation and its biological effects ., and substituting in lieu thereof the following: The Governor shall appoint as the fifth member of the council a veterinarian who shall be selected from a list of two veterinarians submitted to him by the Georgia State Veterinary Association., so that when so amended Code section 88-1305 shall read as follows: 88-1305. Radiation Control Council .There shall be established within the Department a Radiation Control Council, hereinafter called the council, responsible to and reporting to the State Board of Health, which council shall have the duty of advising the department on matters pertaining to ionizing radiation and standards, rules and regulations to be adopted, modified, promulgated or repealed by the department. No standards, rules or regulations shall be adopted, modified, promulgated or repealed by the Board of Health except after consultation with and advice by the council. The council shall consist of five members appointed

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by the Governor as follows. The Governor shall appoint one member from two persons nominated by the governing body of the Medical Association of Georgia. The Governor shall appoint one member from two persons nominated by the governing body of the Georgia Dental Association. The Governor shall appoint one member from two persons nominated by the governing body of the Georgia Radiological Society. The Governor shall appoint one member from two persons having recognized knowledge in the field of ionizing radiation and its biological effects nominated by the governing body of the Associated Industries of Georgia. The Governor shall appoint as the fifth member of the council a veterinarian who shall be selected from a list of two veterinarians submitted to him by the Georgia State Veterinary Association. The terms of office of the five members first appointed shall be as follows: The member nominated by the Medical Association of Georgia shall be appointed for a term of one year, the members nominated by the Georgia Dental Association and the Georgia Radiological Society shall be appointed for a term of two years, and the other two members shall be appointed for a term of three years, and the successors shall be nominated and appointed in full terms of three years each. When on business of the council, members shall be entitled to receive per diem and expenses as shall be set and approved by the Budget Bureau conformably to rates and allowances set for members of other State boards. The council shall meet at least as frequently as semiannually or at the call of the chairman and minutes of the meetings of the council shall be included in the minutes of the meeting of the Board of Health next occurring after the preparation of such minutes. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1968.

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ORDINARIES RETIREMENT FUND ACT AMENDED. No. 972 (House Bill No. 1035). An Act to amend an Act establishing a retirement fund and retirement benefits for ordinaries, approved March 21, 1958 (Ga. L. 1958, p. 185), as amended by an Act approved March 17, 1959 (Ga. L. 1959, p. 354), an Act approved February 28, 1961 (Ga. L. 1961, p. 57), and an Act approved April 2, 1963 (Ga. L. 1963, p. 265), so as to provide for retirement benefits for the secretary-treasurer of the fund as a part of his compensation; to provide that none of the funds provided for in said Act shall be subject to attachment, garnishment or judgment rendered against any person entitled to receive the same; to provide that such funds shall not be assignable; to provide for a deadline for the application to receive benefits; to delete therefrom the provision which provides that no benefits shall be deemed to have vested in any claimant; to reduce the age at which persons become eligible for benefits; to provide for an optional retirement benefit; to provide for the payment of interest on certain dues paid into the fund; to provide the procedures connected with the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing a retirement fund and retirement benefits for Ordinaries, approved March 21, 1958 (Ga. L. 1958, p. 185), as amended by an Act approved March 17, 1959 (Ga. L. 1959, p. 354), an Act approved February 28, 1961 (Ga. L. 1961, p. 57), and an Act approved April 2, 1963 (Ga. L. 1963, p. 265), is hereby amended by adding at the end of section 2 the following paragraph: Notwithstanding any other provisions of this Act to the contrary, in addition to such salary as may be provided above, said secretary-treasurer shall receive credit for a sum of $250.00 per annum for time served after the effective date of said Act approved March 21, 1958, as dues in

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said retirement system for a period of a maximum of 20 years, and shall be paid retirement benefits upon retiring as such secretary-treasurer, or upon reaching the age of sixty-three (63) years, whichever may occur last, based on the rate of two and one-half percent of $5,000.00 for each year served as secretary-treasurer from the date of the approval of said Act on March 21, 1958, to the date of retirement up to a maximum of 20 years service, provided a minimum of four years shall have been served as secretary-treasurer, and provided further that withdrawal of such dues by such secretary-treasurer or his estate shall be subject to the provisions of section 11 of said Act, and said secretary-treasurer may also make the election as to retirement benefits provided for in subsection (b) of section 10 of said Act., so that when so amended, section 2 shall read as follows: Section 2. There is hereby created the office of secretary-treasurer of said Board and the secretary-treasurer shall be elected and appointed by the Board and shall serve at the pleasure of the Board. His compensation and duties may be fixed by the Board, not to exceed five thousand ($5,000.00) per annum. Notwithstanding any other provisions of this Act to the contrary, in addition to such salary as may be provided above, said secretary-treasurer shall receive credit for a sum of $250.00 per annum for time served after the effective date of said Act approved March 21, 1958, as dues in said retirement system for a period of a maximum of 20 years, and shall be paid retirement benefits upon retiring as such secretary-treasurer, or upon reaching the age of sixty-three (63) years, whichever may occur last, based on the rate of two and one-half percent of $5,000.00 for each year served as secretary-treasurer from the date of the approval of said Act on March 21, 1958, to the date of retirement up to a maximum of 20 years service, provided a minimum of four years shall have been served as secretary-treasurer, and provided further that withdrawal of such dues by such secretary-treasurer or his estate shall be

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subject to the provisions of section 11 of said Act, and said secretary-treasurer may also make the election as to retirement benefits provided for in subsection (b) of section 10 of said Act. Section 2. Said Act is further amended by adding to section 4 immediately after section 4, the following: (a), and by adding at the end of said section a new subsection to be known as subsection (b) and to read as follows: (b) None of the funds provided for in this Act shall be subject to attachment, garnishment or judgment rendered against the person entitled to receive the same, and such funds shall not be assignable. Benefits. Section 3. Said Act is further amended by striking the colon appearing at the end of the first paragraph of section 7 and inserting in lieu thereof the following: be serving as secretary-treasurer under the provisions of section 2, or: so that when so amended, the first paragraph of section 7 shall read as follows: Section 7. Before any person shall be eligible to participate in said retirement system, he or she must be serving as secretary-treasurer under the provisions of section 2, or: Members. Section 4. Said Act is further amended by striking in its entirety subsection (c) of section 7 which reads as follows: Section 7 (c). File such application with said Board within a period of twelve months from the date of the approval of this amendment, if serving as such ordinary on said date of approval hereof and remaining in such capacity for said period of twelve months, or forever be barred from membership in said fund; or,, and by inserting in lieu thereof a new subsection (c) to read as follows:

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(c). Have filed such application with said Board within the period of time from March 21, 1958, to January 1, 1969, if served as such ordinary for a period of as much as twelve months during said time, or forever be barred from membership in said fund; or,. Membership. Section 5. Said Act is further amended by striking subsection (d) of section 7, and inserting in lieu thereof a new subsection (d) to read as follows: (d) Notwithstanding any other provisions of this Act to the contrary, any ordinary who may have served as much as twelve months as such prior to January 1, 1969, who failed to make application for membership in said retirement system within said period of time, may, within a twelve month period from May 1, 1968, apply for and be admitted as such member. However, in such instance, such ordinary so applying under these circumstances shall not be entitled to credit for any time served prior to the effective date of this Act. Same. Section 6. Said Act is further amended by striking in their entirety sections 8 and 8 (a), and substituting in lieu thereof the following: Section 8. From the date of approval of this Act, twenty percent of all fees collected by any and all ordinaries in the State of Georgia for any service rendered as such for taking application for marriage licenses, issuing and recording such marriage licenses and for filing said application and marriage licenses with the State Board of Health shall be withheld by the ordinaries so collecting the same and paid over to the board of commissioners of the Ordinaries' Retirement Fund of Georgia, irrespective of whether such collecting ordinary is now or may hereafter be compensated from fees collected or salary or both, by the tenth of each succeeding month after such collection. It shall be the duty of each ordinary to keep accurate records of all said fees collected and such records may be audited by said Board at any time. The sums remitted to the Board under this section shall be used to provide adjustments of the compensation of the several ordinaries

Page 552

in Georgia by making retirement benefits herein provided available to said ordinaries and for paying costs of administration incurred by the Board. Funds. Section 7. Said Act is further amended by striking from subsections (d) and (e) of section 9 the following: sixtyfive (65), and substituting in lieu thereof the following: sixty-three (63), so that when so amended subsections (d) and (e) shall read as follows: (d) Must have attained the age of sixty-three (63) years; (e) Must have filed with said Board his or her application for such retirement, on a form to be furnished by said Board, within a period of ninety (90) days, or as soon thereafter as possible, after reaching the age of sixty-three (63) years or termination of his or her official capacity as ordinary, whichever may occur last in point of time, and;. Retirement. Section 8. Said Act is further amended by adding in section 10 immediately after section 10 the following: (a), and by adding at the end of said section a new subsection to be known as subsection (b) and to read as follows: (b) In lieu of receiving the retirement benefits as provided for in subsection (a) above, ordinaries may elect in writing on a form to be provided by the Board at the time he or she may become eligible to receive retirement benefits, to receive a monthly retirement benefit payable to the date of the death of the survivor, which shall be based on the ordinary's age at retirement and his spouse's age at the same time, computed so as to be actuarially equivalent to the total retirement payment which would have been paid to the ordinary under the provisions of subsection (a) above. Such actuarial equivalent to be computed on the Group Annuity Table for 1951 using three and one-half percent interest. The spouse designated at the time of the ordinary's retirement shall be the only spouse that may draw these benefits. Retirement benefits.

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Section 9. 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. (a) Any member of said retirement system after ceasing to serve as ordinary, and after waiving any right to retirement benefits in writing on a form to be provided by the Board, may apply for and be refunded all dues paid, together with three percent simple interest per annum from the end of the calendar year in which paid to the end of the calendar year next preceding the application for the refund. Withdrawal of contributions, etc. (b) Although retirement pay shall be based on the provisions of section 10, and nothing herein shall be construed to alter same, at the effective date of retirement, simple interest at a rate of three percent per annum shall be computed on all dues paid from the end of the calendar year in which the effective date of retirement and added to the total dues paid for the following purposes only: After all retirement benefits coming due under the provisions of section 10 (a) or (b), as the case may be, have been paid, if the total thereof shall not be equal to or exceed the above total of dues and interest, the balance of such principal and interest shall be paid to the estate of the deceased ordinary. (c) No dues may be refunded except in strict compliance with subsections (a) and (b) above of this section. Section 10. Said Act is further amended by striking section 13 wherever the same shall appear: sixty-five (65), and substituting in lieu thereof: sixty-three (63), so that when so amended section 13 shall read as follows: Section 13. No ordinary shall be eligible for retirement benefits provided for in this Act until he or she has reached the age of sixty-three (63) years. However, any other provisions of this Act to the contrary notwithstanding, any ordinary who has met all other requirements of this Act, except that he or she has not attained the age of sixty-three (63) years, may sever his or her relations as a regularly qualified and commissioned ordinary of a county of the

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State of Georgia, cease payments of any dues into said fund whatsoever and upon reaching the age of sixty-three (63) years and filing his or her application as is provided for in subsection (e) of section (9) as is enacted hereby, commence receiving the retirement benefits provided for in said Act. Retirement. Section 11. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1968. BRUNSWICK PORT AUTHORITY ACT AMENDEDBONDS. No. 973 (House Bill No. 1086). An Act to amend an Act known as the Brunswick Port Authority Act, approved March 8, 1945 (Ga. L. 1945, p. 1023), as amended by an Act approved February 21, 1958 (Ga. L. 1958, p. 82), so as to provide that the bonds of the Authority shall bear interest at such rate or rates not exceeding 7% per annum; to clarify said Act by repealing a duplicate section; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Brunswick Port Authority Act, approved March 8, 1945 (Ga. L. 1945, p. 1023), as amended by an Act approved February 21, 1958 (Ga. L. 1958, p. 82), 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. Revenue Bonds . The Authority shall have power and is hereby authorized at one time or from time to time to provide by resolution for the issuance of negotiable revenue bonds of the Authority for the purpose of paying all or any parts of the cost as hereinabove defined

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of any one or more projects. The principal and interest of such revenue bonds shall be payable from the special fund herein provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates not exceeding 7% per annum, payable semi-annually, shall mature at such time or times not exceeding forty (40) 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 coupons ceases 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 bond shall be duly authorized or hold the proper office, although at the date of such bond such persons may not have been so authorized or shall not have held such office. All revenue bonds issued under the provisions of this Act shall have and are hereby declared to have all the qualities and incidents of negotiable instruments, laws of the State. Such bonds and the income thereof shall be exempt from all taxation within the State. The bonds may be issued in coupons or in registered

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form, or both, as the Authority may determine, and provisions 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 for such price as it may determine to be for the best interest of the Authority, such price not to be limited by any interest cost limitation contained in any other law. 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 definite bonds upon the issuance of the latter. The Authority may also provide for the replacement of any bond which shall become mutilated or be destroyed or lost. Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions and things which are specified or required by this Act. In the discretion of the Authority, revenue bonds of a single issue may be issued for the purpose of paying the cost of any one or more projects. Any resolution providing for the issuance of revenue bonds under the provisions

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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. Said Act is further amended by striking section 3 of an amendatory Act approved February 21, 1958 (Ga. L. 1958, p. 82), which reads as follows: Section 3. Be it further enacted that notwithstanding anything elsewhere contained in Act No. 314 aforesaid, any bonds issued thereunder may bear interest at such rate or rates not exceeding six per cent (6%) per annum and may mature at such time or times not exceeding forty (40) years from their date or dates as may be provided by the Authority, and may be sold at such price or prices as require the payment of interest on the money received therefrom at not more than six per cent (6%) per annum computed with relationship to the absolute maturity of the bonds. Repealed. in its entirety and by renumbering section 4, 5, 6, 7 and 8 as section 3, 4, 5, 6 and 7 respectively. 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 Regular 1968 Session of the General Assembly of Georgia, a bill to amend an Act known as the Brunswick Port Authority Act, approved March 8, 1945 (Ga. L. 1945, p. 1023), as amended by an Act approved February 21, 1958 (Ga. L. 1958, p. 82), so as to provide that a project will not have to necessarily result in the increased use of the port facilities; to eliminate the provisions relating to interest rates of bonds issued by the authority; and for other purposes. This 18th day of December, 1967. Richard M. Scarlett Representative, 85th District Post 2

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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Richard Scarlett 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: December 20, 27, 1967 and January 3, 1968. /s/ Richard Scarlett Representative, 85th District Sworn to and subscribed before me, this 18th day of January, 1968. /s/ Priscilla A. Sexton, Notary Public, Georgia State at Large. My Commission expires Jan. 2, 1970. Approved April 3, 1968. FAMILY PLANNING SERVICES ACT AMENDED. No. 974 (House Bill No. 1260). An Act to amend an Act known as the Family Planning Services Act, approved March 7, 1966 (Ga. L. 1966, p. 228), so as to change the classifications of persons to whom family planning services may be offered; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Family Planning Service Act, approved March 7, 1966 (Ga. L. 1966, p. 228), is hereby amended by adding to section 3 of said Act a new

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subsection to be designated as subsection 4 of section 3 as follows: (4) any person requesting such services, so that when so amended section 3 shall read as follows: 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. Persons eligible for services. (2) The parent of at least one child. (3) Pregnant. (4) Any person requesting such services. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1968. GEORGIA RETAILERS' AND CONSUMERS' SALES AND USE TAX ACT AMENDEDSALES TO PRIVATE SCHOOLS. No. 975 (House Bill No. 1315). An Act to amend an Act known as the Georgia Retailers' and Consumers' Sales and Use Tax Act, approved February 20, 1951, (Ga. L. 1951, p. 360), as amended, so as to exempt the sales of tangible personal property and services to certain private elementary and secondary schools from the taxes imposed by said Act; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Georgia Retailers' and Consumers' Sales and Use Tax Act, approved February 20, 1951, (Ga. L. 1951, p. 360), as amended, is hereby amended by striking section 3 (c) 2 (m) in its entirety and inserting in lieu thereof a new section 3 (c) 2 (m) to read as follows: Section 3 (c) 2 (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 bona fide private elementary and secondary schools which have been approved by the State Revenue Commissioner as organizations eligible to receive tax deductible contributions, provided application for this exemption is made to the Revenue Department and proof of such exemption established. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1968. 32ND SENATORIAL DISTRICT. Code 47-102 Amended. No. 976 (House Bill No. 1327). 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), an Act approved March 7, 1966 (Ga. L. 1966, p. 245), and an Act approved March 29, 1967 (Ga. L. 1967, p. 159),

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so as to include the Mt. Harmony (1900) militia district within the 32nd Senatorial District; 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), an Act approved March 7, 1966 (Ga. L. 1966, p. 245), and an Act approved March 29, 1967 (Ga. L. 1967, p. 159), is hereby amended by striking the paragraph describing the 32nd Senatorial District and inserting in lieu thereof the following: 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), Mt. Harmony (1900) 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. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1968. REGISTRATION OF LIENS FOR U. S. INTERNAL REVENUE TAXES. Code Chapter 67-26 Amended. No. 977 (House Bill No. 1341). An Act to amend Code Chapter 67-26, relating to the registration of liens for U. S. Internal Revenue Taxes, as amended by an Act approved April 14, 1967 (Ga. L. 1967,

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p. 549), so as to conform the provisions of said Code Chapter to the requirements of section 6323 of the U. S. Internal Revenue Code of 1954, as amended, by Public Law 89-719, known as the Federal Tax Lien Act of 1966; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 67-26, relating to the registration of Liens for U. S. Internal Revenue Taxes, as amended by an Act approved April 14, 1967 (Ga. L. 1967, p. 549), is hereby amended by striking said Chapter in its entirety and inserting in lieu thereof a new Code Chapter 67-26 to read as follows: Chapter 67-26. Registration of Liens for U. S. Internal Revenue Taxes. 67-2601. Federal Tax Lien. Place of Filing. (a) Notices of liens upon real property for taxes payable to the United States, and certificates and all notices affecting the liens including certificates of redemption shall be filed in the office of the clerk of the superior court of the county in which the real property subject to a federal tax lien is situated. (b) Notices of liens upon personal property, whether tangible or intangible, for taxes payable to the United States and certificates and all notices affecting the liens including certificates of redemption shall be filed as follows: (1) if the person against whose interest the tax lien applies is a corporation or partnership whose principal executive office is in this State, as these entities are defined in the internal revenue laws of the United States, in the office of the clerk of the superior court of the county in which such principal executive office is located; (2) in all other cases in the office of the clerk of the superior court of the county where the taxpayer resides at the time of filing of the notice of lien.

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67-2602. Execution of Notices and Certificates. Certification by the Secretary of the Treasury of the United States or his delegate of notices of liens, certificates, or other notices affecting tax liens entitles them to be filed and no other attestation, certification, or acknowledgement is necessary. 67-2603. Duties of Filing Officer. (a) If a notice of federal tax lien, a refiling of a notice of tax lien, or a notice of or revocation of any certificate described in subsection 67-2601 (a) and (b) is presented to the filing officer, that is, the clerk of the superior court, he shall forthwith enter the same in an alphabetical Federal tax lien index, to be provided by the ordinary or other authority having charge of county affairs, showing on one line the name and residence of the taxpayer named in such notice, the collector's serial number of such notice, the date and hour of filing and the amount of tax and penalty assessed or in the General Execution Docket. He shall file and keep all original notices so filed in numerical order in a file to be provided by the ordinary or other authority and designated Federal tax lien notices. (b) When a certificate of discharge of any tax lien issued by the collector of internal revenue or other proper office shall be filed in the office of the clerk of the superior court where the original notice of such lien is filed, said clerk of the superior court shall enter the same with date of filing in said Federal tax lien index on the line where the notice of the lien so discharged is entered and permanently attach the original certificate of discharge to the original notice of lien. Said clerk shall receive 50 cents for filing and indexing each notice of lien and certificate of discharge (Acts 1924, pp. 124, 125). (c) Upon request of any person, the filing officer shall issue his certificate showing whether there is on file, on the date and hour stated therein, any notice of federal tax lien or certificate or notice affecting the lien as described in section 67-2601 (a) and (b) filed on or after effective date of Act, naming a particular person, and if a notice or certificate is on file, giving the date and hour of filing of

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each notice or certificate. The fee for a certificate is $1.00 Upon request the filing officer shall furnish a copy of any notice of federal tax lien or notice or certificate affecting a federal tax lien for a fee of $0.50 per page. (d) On the effective date of this statute, the filing officer shall be required to re-index all federal tax liens filed subsequent to April 13, 1967, in the Federal Tax Lien Docket described in Section 67-2603 (a) or in the General Execution Docket if such tax liens have not already been so indexed. 67-2604. Fees. The fee for filing and indexing each notice of lien or certificate or notice affecting the tax lien is: (1) for a tax lien on real or personal property$2.00; (2) for a certificate of discharge or subordination$2.00; (3) for all other notices, including a certificate of release or nonattachment$2.00. The officer shall bill the district directors of internal revenue on a monthly basis for fees for documents filed by them. Section 2. Purpose. It is the purpose of this Act to conform the provisions of Code Chapter 67-26 with the provisions of Section 6323 of the U. S. Internal Revenue Code of 1954 as amended by Public Law 89-719, entitled the Federal Tax Lien Act of 1966. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1968.

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Compiler's note: The effective date of the following Act is April 1, 1969. See section 3. GEORGIA BUSINESS CORPORATION CODE. Code Title 22 Amended. No. 982 (Senate Bill No. 230). An Act to amend the Code of Georgia of 1933, as amended, by striking in its entirety Title 22 relating to corporations as amended, and inserting in lieu thereof a new Title 22 which shall contain a Part I thereof to be entitled Business Corporations and therein to codify a body of law to be known and cited as the Georgia Business Corporation Code which will comprehensively revise and expand the present law relating to business corporations; which shall contain Part II of Title 22 to be entitled Nonprofit Corporations and therein to codify a body of law to be known and cited as the Georgia Nonprofit Corporation Code which will comprehensively revise and expand the present law relating to nonprofit corporations; which shall contain a Part III of Title 22 to be entitled Provisions Relating to Corporations Chartered by the Secretary of State to compile and revise the present law relating to corporations incorporated by the Secretary of State; which shall contain a Part IV of Title 22 to be entitled Miscellaneous Provisions of Corporation Law to compile and revise the present law relating to corporations which is not otherwise included in Parts I, II, and III; which shall contain a Part XXX of Title 22 to be entitled Crimes to compile and revise the present law relating to crimes of a corporation and corporate officers; to repeal certain specific laws relating to corporations; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Code of Georgia of 1933, as amended, is hereby amended by striking in its entirety Title 22, relating

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to corporations, as amended, and inserting in lieu thereof a new Title 22, to read as follows: TITLE 22CORPORATIONS PART IBUSINESS CORPORATIONS Chapter 1. General Provisions 22-101. Short Title. Part I of this Title (Sections 22-101 through 22-2099 inclusive) shall be known and may be cited as the Georgia Business Corporation Code (hereinafter referred to as this Code). 22-102. Definitions. As used in this Code, unless the context otherwise requires, the term: (a) Corporation or domestic corporation means a corporation for profit subject to the provisions of this Code, except a foreign corporation. (b) Foreign corporation means a corporation for profit organized under laws other than the laws of this State for a purpose or purposes for which a corporation may be organized under the laws of this State. (c) Subsidiary corporation or subsidiary means a corporation for profit, domestic or foreign, a majority of whose board of directors another corporation has the voting power to elect either directly or indirectly through another corporation or series of other corporations, domestic or foreign. A corporation with respect to which another corporation is a subsidiary corporation is a parent corporation or parent. (d) Articles of incorporation means the original or restated articles of incorporation or articles of consolidation and all the amendments thereto including articles of merger, and also includes what heretofore have been designated by the laws of this State as charters and, in the case of foreign corporations, whatever documents are equivalent to articles of incorporation in their jurisdiction of incorporation.

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(e) Shares means the units into which the proprietary interests in a corporation are divided. (f) Subscriber means one who subscribes for shares in a corporation, whether before or after incorporation. (g) Shareholder means one who is a holder of record of shares in a corporation. (h) Authorized shares means the shares of all classes which the corporation is authorized to issue. (i) Treasury shares means shares of a corporation which have been issued, have been subsequently acquired by and belong to the corporation, and have not, either by reason of the acquisition or thereafter, been cancelled. Treasury shares shall be deemed to be issued shares, but not outstanding shares. (j) Outstanding shares means authorized shares less unissued shares and treasury shares. (k) Net assets means the amount by which the total assets of a corporation, excluding treasury shares, exceed the total debts of the corporation. (l) Stated capital means, at any particular time, the sum of (1) the par value of all shares of the corporation having a par value that have been issued, (2) the amount of the consideration received by the corporation for all shares of the corporation without par value that have been issued, except such part of the consideration therefor as may have been allocated to capital surplus in a manner permitted by law, and (3) such amounts not included in clauses (1) and (2) of this paragraph as have been transferred to stated capital of the corporation, whether upon the issue of shares as a share dividend or otherwise, minus all reductions from such sum as have been effected in a manner permitted by law. (m) Surplus means the excess of the net assets of a corporation over its stated capital.

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(n) Earned surplus means the portion of the surplus of a corporation equal to the balance of its net profits, income, gains and losses from the date of incorporation, or from the latest date when a deficit was eliminated by an application of its capital surplus or stated capital or otherwise, after deducting subsequent distributions to shareholders and transfers to stated capital and capital surplus to the extent such distributions and transfers are made out of earned surplus. Earned surplus shall include also any portion of surplus allocated to earned surplus in mergers, consolidations or acquisitions of all or substantially all of the outstanding shares or of the property and assets of another corporation, domestic or foreign. (o) Capital surplus means the entire surplus of a corporation other than its earned surplus, and includes the surplus, if any, created by or arising out of a reduction of the stated capital of a corporation effected in a manner permitted by law or created or arising out of a reappraisal of the assets of the corporation by the board of directors acting in good faith. (p) Insolvent means inability of a corporation to pay its debts as they become due in the usual course of its business or that a corporation has liabilities in excess of assets. (q) Address means a complete mailing address, including, whenever practicable, street and number or building and floor. 22-103. Application of Code. (a) The provisions of this Code shall not apply: (1) To corporations organized under a statute of this State other than either this Code or any prior general corporation law, except to the extent that the former general corporation law of this State or any of its provisions or this Code or any of its provisions specifically have been or shall be made applicable to such corporations. (2) To any corporation originally created by special act of the General Assembly as to which power has not been reserved to withdraw the franchise, except as otherwise provided in paragraph (b) of this Section.

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(3) To any corporation originally created by special act of the General Assembly as to which power has been reserved to withdraw the franchise, if the purpose of such corporation would require its organization, were it being organized after the effective date of this Code, to take place under a statute other than this Code, except to the extent that the former general corporation law of this State or any of its provisions or this Code or any of its provisions specifically have been or shall be made applicable to corporations organized for that purpose. (4) To any public authority created by special act of the General Assembly except to the extent that the former general corporation law of this State or any of its provisions or this Code or any of its provisions specifically have been or shall be made applicable to such public authority. (5) To corporations of any class to the extent that such class is specifically exempted from this Code or any of its provisions. (b) Subject to the limitations of paragraph (a) of this section, the provisions of this Code shall apply: (1) To all corporations for profit, now existing or hereafter formed, including corporations for profit organized under any prior general corporation law of this State. (2) To all corporations for profit created by special act of the General Assembly as to which power has been reserved to withdraw the franchise. (3) To any corporation, organization or association to the extent that the former general corporation law of this State or any of its provisions or this Code or any of its provisions specifically have been or shall be made applicable to such corporation, organization or association. (4) To any corporation organized under any statute of this State, or which was originally created by special act of the General Assembly without reservation of power to withdraw the franchise, if under any prior general corporation

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law of this State such corporation either has amended its charter or has been a party to a merger or a consolidation, and also to any such corporation which hereafter, in an amendment to its articles of incorporation or restatement of its articles of incorporation or in a merger or a consolidation, elects to be subject to the provisions of this Code. Any such corporation shall have all the rights, privileges, franchises, immunities and powers, and be subject to all the duties, liabilities and disabilities, of a corporation to which this Code applies as well as of the statute or special act by which such corporation was originally created; but in the event of a conflict between such statute or special act and this Code, such statute or special act shall govern. (c) The provisions of this Code shall apply to commerce with foreign nations and among the several states only in so far as the same may be permitted under the Constitution and laws of the United States. (d) This Code shall not impair the existence of any corporation existing on the effective date of this Code. Any such existing corporation to which this Code is applicable, and its shareholders, directors and officers, shall have the same rights and be subject to the same limitations, restrictions, liabilities and penalties as a corporation formed under this Code, and its shareholders, directors and officers. (e) (1) Transactions validly entered into before the effective date of this Code and the rights, duties, and interests flowing from them shall remain valid thereafter and may be terminated, completed, consummated or enforced as required or permitted by any statute repealed by this Code as though such repeal had not occurred. (2) The repeal of a prior Act by this Code shall not affect any cause of action, liability, penalty, or action or special proceeding which on the effective date of such repeal is accrued, existing, incurred or pending, but the same may be asserted, enforced, prosecuted or defended as if the prior Act had not been repealed.

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22-104. Execution of Documents; Corporate Seal. (a) With respect to any contract, conveyance or other such document executed by and on behalf of a corporation, domestic or foreign, the presence of the corporate seal, or facsimile thereof, attested by the secretary or an assistant secretary of the corporation shall attest: (1) that the corporate seal, or facsimile thereof, affixed to the document is in fact the seal of the corporation, or a true facsimile thereof, as the case may be; and (2) that any officer of the corporation executing the document does in fact occupy the official position indicated, that one in such position is duly authorized to execute such document on behalf of the corporation and that the signature of such officer subscribed thereto is genuine; and (3) that the execution of the document on behalf of the corporation has been duly authorized. (b) When the seal of a corporation, or facsimile thereof, is affixed to any document and is attested by the secretary or an assistant secretary of a corporation, a third party without knowledge, or reason to know, to the contrary, may rely on such document as being what it purports to be. (c) Although particular sections of this Code may require certain documents to be executed by one or more designated officers, the phrase executed as provided in this Code, wherever used, shall mean that the document shall be signed by the president or other chief executive officer, or a vice president, and that his signature shall be attested by the secretary or an assistant secretary. If the corporate seal is affixed, the signature of the secretary or assistant secretary shall also attest the seal. (d) The seal of the corporation may, but need not, be affixed to any document executed in accordance with this Code, and its absence therefrom shall not impair the validity of the document or of any action taken in pursuance thereof or in reliance thereon.

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22-105. Filing of Documents. Whenever any provision of this Code requires any document to be delivered for filing as provided in this Code, unless otherwise specifically stated in this Code and subject to any additional provisions of this Code, such requirement shall mean that: (a) The original executed document, together with a conformed copy thereof, shall be delivered to the office of the Secretary of State. (b) All fees required for filing the document shall be tendered to the Secretary of State. (c) Upon delivery of the documents, and upon tender of the required fees, the Secretary of State shall certify that the original has been filed in his office by endorsing upon the original the word filed and the hour, day, month and year thereof. Such endorsement shall be known as the filing date of the document, and shall be conclusive of the date of filing in the absence of actual fraud. The Secretary of State shall thereafter file and index the original. (d) The Secretary of State shall immediately compare the conformed copy with the original, and if he finds that they are identical, he shall certify the conformed copy of making upon it the same endorsement which is required to appear upon the original, together with a further endorsement that the conformed copy is a true copy of the original document. (e) The conformed copy, so certified, shall be returned to the person or persons delivering the documents to the Secretary of State and it shall be retained as part of the permanent records of the corporation. 22-106. Certificates and Certified Copies to be Received in Evidence. All certificates issued by the Secretary of State in accordance with the provisions of this Code, and all copies of documents filed in his office in accordance with the provisions of this Code when certified by him, shall be taken and received in all courts, public offices, and official bodies as prima facie evidence of the facts therein stated.

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A certificate by the Secretary of State under the seal of his office as to the existence or non-existence of facts relating to corporations shall be taken and received in all courts, public offices, and official bodies as prima facie evidence of the existence or non-existence of the facts therein stated. 22-107. Reservation of Power. The General Assembly shall at all times have power to prescribe such regulations, provisions and limitations as it may deem advisable, which regulations, provisions and limitations shall be binding upon any and all corporations that are subject to the provisions of this Code, and the General Assembly shall have power to amend, repeal or modify this Code at pleasure. 22-108. Effect of Invalidity of Part of This Code; Severability. If any provision of this Code or any application of any provision of this Code is held unconstitutional or otherwise invalid, such invalidity shall not nullify or otherwise impair other provisions of this Code or applications thereof that can be given effect without the invalid provision or application, and to this end the provisions of this Code are declared severable. Chapter 2. Corporate Purposes and Powers 22-201. Purposes. Corporations for profit may be organized under this Code for any lawful purpose or purposes not specifically prohibited to corporations under other laws of this State, except that when the purpose for which a corporation is to be organized requires that such organization take place under another statute of this State, the corporation shall not be organized under this Code. 22-202. General Powers. (a) Subject to any limitations provided in this Code or in any other law, each corporation: (1) Shall exist under articles of incorporation. (2) Shall have perpetual duration unless a limited period of duration is stated in its articles of incorporation. Each corporation existing on the effective date of this Code

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shall have perpetual duration unless its articles of incorporation are amended under this Code to provide for a limited period of duration. (3) Shall have power: (i) To cease its corporate activities and surrender its corporate franchise. (ii) To renew or revive its corporate existence in case a limited period of duration is fixed in its articles of incorporation. (iii) To sue and be sued, complain and defend, in all courts, and to participate in any judicial, administrative, arbitrative or other action or proceeding. (b) Subject to any limitations provided in this Code, or in any other law, each corporation also shall have power: (1) To conduct its business, carry on its operations, and have offices and exercise its powers granted by this Code anywhere in the world. (2) To make and later by-laws, not inconsistent with its articles of incorporation or with the laws of this State, for the administration and regulation of the affairs of the corporation. (3) To elect, appoint or hire officers, employees, and other agents of the corporation, define their duties, and fix their compensation and the compensation of directors. (4) To have a corporate seal which may be altered at pleasure, and to use the same by causing it, or a facsimile thereof, to be impressed or affixed or in any other manner reproduced. (5) To purchase, take, receive by gift, will or otherwise, lease, or otherwise acquire, own, hold, improve, use and otherwise deal in and with, real or personal property, or any interest therein, wherever situated.

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(6) To sell, convey, lease, exchange, transfer and otherwise dispose of, or mortgage, pledge, create a security interest in, deliver a deed to secure debt, or otherwise encumber, all or any part of its property and assets, or any interest therein, wherever situated. (7) To lend money to its employees, officers and directors, and otherwise assist them. (8) To purchase, take, receive, subscribe for, or otherwise acquire, own, hold, vote, use, employ, sell, lend, or otherwise dispose of, or mortgage, pledge, create a security interest in, or otherwise encumber, and otherwise use and deal in and with, shares or other interests in, or obligations of, other domestic or foreign corporations, whether for profit or not for profit, associations, partnerships or individuals, or direct or indirect obligations of the United States or of any other government, state, territory, governmental district or municipality or of any instrumentality thereof. (9) To form, or acquire the control of, other corporations. (10) To participate with others in any corporation, partnership, transaction, arrangement, operation, organization, or venture, even if such participation involves sharing or delegation of control with or to others. (11) To make contracts, including contracts of guaranty or suretyship, whether or not the corporation has a direct interest in the subject matter of the contract with respect to which it acts as guarantor or surety, and incur liabilities, borrow money, issue its notes, bonds, and other obligations, and secure any of its obligations by mortgage, deed to secure debt, pledge, creation of a security interest in, or other encumbrance of, all or any of its property, franchises and income. (12) To lend money, invest and reinvest its funds, and take and hold real and personal property as security for the payment of funds so loaned or invested.

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(13) To make donations, irrespective of corporate benefit, for the public welfare or for community fund, hospital, charitable, scientific, educational, civic or similar purposes and in time of war or other national emergency in aid of the national effort with respect thereto. (14) At the request or direction of the United States government or any agency thereof, to transact any lawful business in time of war or national emergency, or in aid of national defense. (15) To procure for its benefit insurance on the life of any of its directors, officers or employees, or any other person, whose death might cause financial loss to the corporation; or, pursuant to any contractual arrangement with any shareholder concerning the reacquisition of shares owned by him at his death, on the life of that shareholder for the purpose of carrying out such contractual arrangement; or, pursuant to any contract obligating the corporation as guarantor or surety, on the life of the principal obligor. (16) To reimburse and indemnify litigation expenses of directors, officers and employees, and to purchase and maintain liability insurance for their benefit. (17) To purchase and otherwise acquire, and dispose of, its own shares and securities. (18) To pay pensions and establish and carry out pension, profit-sharing, stock bonus, stock purchase, stock option, savings, thrift and other retirement, incentive and benefit plans, trusts and provisions for any or all of its directors, officers and employees. (19) To have and exercise all powers necessary or convenient to effect any or all of the purposes for which the corporation is organized. (c) It shall not be necessary to set forth in the articles of incorporation any of the powers enumerated in this section.

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(d) The articles of incorporation may limit or expand the powers conferred by paragraph (b) of this section in any manner not inconsistent with any other provisions of this Code or with any other law. 22-203. Defense of Ultra Vires. No act of a corporation and no conveyance or transfer of real or personal property to or by a corporation shall be invalid by reason of the fact that the corporation was without capacity or power to do such act or to make or receive such conveyance or transfer, but such lack of capacity or power may be asserted: (a) In an action by a shareholder or director against the corporation to enjoin the doing of any act or the transfer of real or personal property by or to the corporation, unless the plaintiff has assented to the act or transfer in question or in bringing the action is acting in collusion with officials of the corporation. If the unauthorized act or transfer sought to be enjoined is being, or is to be, performed or made pursuant to any contract to which the corporation is a party, the court may, if all the parties to the contract are parties to the action and if it deems the same to be equitable, set aside and enjoin the performance of such contract, and in so doing may allow to the corporation or to the other parties to the contract, as the case may be, compensation for the loss or damage sustained by either of them which may result from the action of the court in setting aside and enjoining the performance of such contract, but anticipated profits to be derived from the performance of the contract shall not be awarded by the court as a loss or damage sustained. (b) In an action by the corporation, whether acting directly or through a receiver, trustee, or other legal representative, or through shareholders in a representative suit, against an incumbent or former officer or director of the corporation, for loss or damage due to his authorized act. (c) In an action by the Attorney General, as provided in Section 22-1314, to dissolve the corporation, or in an action by the Attorney General to enjoin the corporation from the transaction of unauthorized business.

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22-204. Unauthorized Assumption of Corporate Powers. All persons who assume to act as a corporation before the Secretary of State has issued the certificate of incorporation to the incorporator or incorporators or his or their attorney shall be jointly and severally liable for all debts and liabilities incurred or arising as a result thereof. Chapter 3. Corporate Name 22-301. Corporate Name. (a) The corporate name shall be written in Roman or cursive letters or Arabic or Roman numbers and: (1) Shall contain the word corporation, company, incorporated or limited, or shall contain an abbreviation of one of such words. (2) Shall not contain any word or phrase which indicates or implies: (A) That the corporation is organized for any purpose other than one or more of the purposes permitted by its articles of incorporation. (B) That the corporation is organized by affiliated with, or sponsored by, any fraternal, veterans', service, religious, charitable, or professional organization, unless that fact is certified in writing in a manner satisfactory to the Secretary of State by the organization with which affiliation or sponsorship is claimed. (3) Shall not be the same as or confusingly similar to: (A) The name of any corporation, whether for profit or not for profit, existing under the laws of this State. (B) The name of any foreign corporation, whether for profit or not for profit, authorized to transact business in this State. (C) A name the exclusive right to which is, at the time, reserved in the manner provided in Section 22-302 or in the Georgia Nonprofit Corporation Code.

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(D) The name of a corporation which has in effect a registration of its corporate name as provided in Section 22-303. (E) Any name prohibited by any other law of this State. (b) Nothing in this section shall: (1) Prevent the use of the name of any corporation, whether domestic or foreign, by another corporation where the first corporation has consented to such use and the name of the second corporation contains other words or characters which distinguish it from the name of the first corporation. (2) Require any corporation existing on the effective date of this Code to add to, modify or otherwise change its corporate name. (3) Abrogate or limit the law as to unfair competition or unfair trade practice; nor derogate from the common law, or principles of equity, or the statutes of this State or of the United States with respect to the right to acquire and protect trade names and trademarks. 22-302. Reserved Name. (a) The exclusive right to the use of a corporate name may be reserved by: (1) Any person intending to organize a corporation under this Code. (2) Any domestic corporation intending to change its name. (3) Any foreign corporation intending to make application for a certificate of authority to transact business in this State. (4) Any foreign corporation authorized to transact business in this State and intending to change its name. (5) Any person intending to organize a foreign corporation and intending to have such corporation make application

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for a certificate of authority to transact business in this State. (b) The reservation shall be made by making application to the Secretary of State to reserve a specified corporate name. If the Secretary of State finds that the name is available for corporate use, he shall reserve the same for the exclusive use of the applicant for a period of four calendar months from the day of filing. An extension of this period may be granted by the Secretary of State for good cause shown. (c) Any person or corporation acquiring the right to use the corporate name of a domestic corporation or of a foreign corporation authorized to transact business in this State may, on furnishing the Secretary of State satisfactory evidence of such acquisition, reserve the exclusive right to the corporate name of said corporation for a period of five years. (d) The right to the exclusive use of a specified corporate name reserved as provided in this section may be transferred to any other person or corporation by filing in the office of the Secretary of State a notice of such transfer, executed by the applicant for whom the name was reserved, and specifying the name and address of the transferee. (e) The Secretary of State may revoke any reservation if, after hearing in his office, he finds that the application therefor or any transfer thereof was not made in good faith. 22-303. Registered Name. (a) Any foreign corporation may register its corporate name under this Code, provided its corporate name is available for use in this State in accordance with Section 22-1403. (b) Such registration shall be made by: (1) Filing with the Secretary of State (A) an application for registration executed by the corporation by an officer thereof, setting forth the name of the corporation,

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the name of the jurisdiction under the laws of which it is incorporated, the date of its incorporation, a statement that it is carrying on or doing business, and a brief statement of the business in which it is engaged, and (B) a certificate setting forth that such corporation is in good standing under the laws of the jurisdiction where it is organized, executed by the Secretary of State of such jurisdiction or by such other official as may have custody of the records pertaining to corporations, and (2) Paying to the Secretary of State a registration fee in the amount of $1 for each month, or fraction thereof, between the date of filing such application and December 31st of the calendar year in which such application is filed. (c) Such registration shall be effective until the close of the calendar year in which the application for registration is filed. (d) The Secretary of State may revoke any registration if, after hearing in his office, he finds that the application therefor or any renewal thereof was not made in good faith. 22-304. Renewal of Registered Name. A corporation which has in effect a registration of its corporate name may renew such registration from year to year by annually filing an application for renewal setting forth the facts required to be set forth in an original application for registration and a certificate of good standing as required for the original registration and by paying a fee of ten dollars. A renewal application may be filed between the first day of June and the thirty-first day of December in each year, and shall extend the registration for the following calendar year. Chapter 4. Registered Office, Registered Agents, Service of Process and Venue 22-401. Registered Office and Registered Agents. (a) Each corporation shall have and continuously maintain in this State:

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(1) A registered office which may be, but need not be, the same as its place of business; and (2) A registered agent or agents, which agent or agents may be an individual or individuals resident in this State whose business office is identical with such registered office. (b) The Secretary of State shall maintain current records, alphabetically arranged by corporate name, of the address of each corporation's registered office, and of the name and address of each corporation's registered agent or agents. 22-402. Change of Registered Office or Registered Agents. (a) A corporation may change its registered office or change its registered agent or agents, or both, by executing and filing in the office of the Secretary of State a statement setting forth: (1) The name of the corporation. (2) The address of its then registered office. (3) If the address of its registered office is to be changed, the new address of the registered office. (4) The name or names of its then registered agent or agents. (5) If its registered agent or agents are to be changed, the name or names of its successor registered agent or agents. (6) That the address of its registered office and the address of the business office of its resident agent or agents, as changed, will be identical. (b) If the Secretary of State finds that such statement conforms to the provisions of subsection (a), he shall file

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such statement in his office, and upon such filing the change of address of the registered office, or the change of the registered agent or agents, or both, as the case may be, shall become effective. (c) A corporation may also change its registered office or change its registered agent or agents, or both, by indicating any such change on the annual report filed with the Secretary of State pursuant to Section 22-1501. Any such change so indicated shall become effective upon the filing of said annual report. (d) Any registered agent of a corporation may resign as such agent upon filing a written notice thereof with the Secretary of State. The appointment of such agent shall terminate upon the expiration of thirty days after receipt of such notice by the Secretary of State. There shall be attached to such notice an affidavit of such agent that at least ten days prior to the date of filing such notice a written notice of the agent's intention to resign was mailed or delivered to a representative or agent of the corporation for which such agent was acting other than the resigning registered agent. (e) A registered agent may change his business address and the address of the registered office of any corporation of which he is registered agent to another place within the same county by filing a statement as required in paragraph (a) of this section except that it need be signed only by the registered agent and need not be responsive to subparagraph (a) (5) of this section and must recite that a copy of the statement has been mailed or delivered to a representative or agent of each such corporation other than the notifying registered agent. 22-403. Service of Process on Corporations. (a) Each registered agent so appointed by a corporation shall be an agent of such corporation upon whom any process, notice or demand required or permitted by law to be served upon the corporation may be served in the manner provided by law for the service of a summons and complaint, as if the registered agent were a defendant.

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(b) Whenever a corporation shall fail to appoint or maintain a registered agent in this State, or whenever its registered agent cannot with reasonable diligence be found at the registered office, then the Secretary of State shall be an agent of such corporation upon whom any process, notice or demand may be served. Service on the Secretary of State of any such process, notice or demand shall be made by delivering to and leaving with him, or with any person having charge of the corporation department of his office, or with any other person or persons designated by the Secretary of State to receive such service, duplicate copies of such process, notice or demand. In the event any such process, notice or demand is served on the Secretary of State, he shall immediately cause one of the copies thereof to be forwarded by registered or certified mail, addressed to the corporation at its registered office. Any service so had on the Secretary of State shall be answerable in not less than thirty days. The provisions of this paragraph (b) may be used notwithstanding any inconsistent provisions of the Georgia Civil Practice Act. (c) The Secretary of State shall keep a record of all processes, notice and demands served upon him under this section, and shall record therein the time of such service and his action with reference thereto. (d) Nothing herein contained shall limit or affect the right to serve any process, notice or demand required or permitted by law to be served on a corporation in any other manner now or hereafter permitted by law. 22-404. Venue. (a) Venue in proceedings against a corporation shall be determined in accordance with the pertinent constitutional and statutory provisions of this State now or hereafter in effect. (b) For the purpose of determining venue each domestic corporation and each foreign corporation authorized to transact business in this State shall be deemed to reside in the county where its registered office is maintained. If any such corporation fails to maintain a registered office it shall be deemed to reside in the county in this State where

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its last named registered office or principal office, as shown by the records of the Secretary of State, was maintained. The residence established by this paragraph shall be in addition to, and not in limitation of, any other residences that any domestic or foreign corporation may have by reason of other laws. (c) No domestic corporation in existence on the effective date of this Code and no foreign corporation authorized to transact business in this State on the effective date of this Code shall be considered as failing to maintain a registered office until the time has expired for the filing of the first annual report of such corporation pursuant to this Code. (d) Whenever this Code either requires or permits an action or proceeding against a corporation to be brought in the county where the registered office of the corporation is maintained, if the action or proceeding is against a corporation having a principal office as required under the prior general corporation law, such action or proceeding may be brought in the county where such principal office is located. 22-405. Registered Office Legally Equivalent to Principal Office. Whenever an act is required or permitted by any law to be done in the county of a corporation's principal office, the act may be performed in the county of the corporation's registered office. Chapter 5. Corporate Finance 22-501. Authorized Shares. (a) Each corporation shall have power to create and issue the number of shares stated in its articles of incorporation. Such shares may be all of one class or may be divided into two or more classes, and, as provided in Section 22-502, into several series of the same class. Any or all of such classes may consist of shares with par value or shares without par value, with such designations, preferences, limitations, and relative rights as shall be stated in the articles of incorporation. The articles of incorporation may limit or deny the voting rights of or provide

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special voting rights for the shares of any class to the extent not inconsistent with the provisions of this Code. (b) Without limiting the authority herein contained, a corporation, when so provided in its articles of incorporation, may issue shares of preferred or special classes: (1) Subject to the right of the corporation at its option, but not at the option of the holder, to redeem any of such shares at the price and within the period or periods and under any conditions fixed by the articles of incorporation for the redemption thereof. (2) Entitling the holders thereof to cumulative, noncumulative or partially cumulative dividends. (3) Having preference over any other class or classes of shares as to the payment of dividends. (4) Having preference in the assets of the corporation over any other class or classes of shares upon the voluntary or involuntary liquidation of the corporation. (5) Convertible at the option of the holder only into shares of any other class or into shares of any series of the same or any other class, including, when so provided in the articles of incorporation, a class having prior or superior rights and preferences as to dividends or distribution of assets upon liquidation, but shares without par value shall not be converted into shares with par value unless that part of the state capital of the corporation represented by such shares without par value is, at the time of conversion, at least equal to the aggregate par value of the shares into which the shares without par value are to be converted. No issue of shares convertible into shares of the corporation shall be made unless a sufficient number of authorized but unissued shares or treasury shares of the appropriate class or series are reserved by the board to be issued only in satisfaction of the conversion privileges of such convertible shares when issued.

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(c) If shares are divided into two or more classes, the shares of each class shall be so designated as to distinguish them from the shares of all other classes. Shares which are not preferred as to dividends or other distributions, including distributions, in liquidation, shall not be designated as preferred shares. 22-502. Issuance of Shares of Preferred or Special Classes in Series. (a) If the articles of incorporation so provide, the shares of any preferred or special class may be divided into and issued in series. If the shares of any such class are to be issued in series, then each series shall be so designated as to distinguish the shares thereof from the shares of all other series and classes. Any or all of the series of any such class and the variations in the relative rights and preferences as between different series may be fixed and determined by the articles of incorporation, but all shares of the same class shall be identical except as to the following relative rights and preferences, as to which there may be variations between different series: (1) The rate of dividend and the date from which dividends shall be accumulated. (2) Whether shares can be redeemed and, if so, the redemption price and the terms and conditions of redemption. (3) The amount payable upon shares in event of voluntary and involuntary liquidation. (4) Purchase, retirement or sinking fund provisions, if any, for the redemption or purchase of shares. (5) The terms and conditions, if any, on which shares may be converted. (b) (1) To the extent that the articles of incorporation shall not have established series and fixed and determined the variations in the relative rights and preferences as between series, the board of directors, if expressly authorized in the articles of incorporation, shall be empowered to divide any or all of such classes into series and, within the

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limitations set forth in this section and in the articles of incorporation, fix and determine the relative rights and preferences of the shares of any series so established. In order for the board of directors to establish a series, where authority to do so is contained in the articles of incorporation, the board of directors shall adopt a resolution setting forth the designation of the series and fixing and determining the relative rights and preferences thereof, or so much thereof as shall not be fixed and determined by the articles of incorporation. (2) Whenever a class is divided into series in the articles of incorporation and the articles of incorporation do not fix as between the series the relative rights and preferences permitted by this Code and do not expressly authorize the directors to fix the same, the same may be fixed and determined by a resolution adopted at a shareholders' meeting by the affirmative vote of the holders of a majority of the shares of each class outstanding, whether or not such shares are otherwise entitled to vote. (3) Directors or shareholders acting pursuant to this section shall not have any power to confer upon any series of any class of shares a priority with respect to dividends, or with respect to distributions in the event of voluntary or involuntary liquidation, over any then outstanding class of shares entitled to such priority over other shares. (c) Prior to the issue of any shares of a series established by resolution adopted by the board of directors or of a series the relative rights and preferences of which have been fixed and determined by resolution adopted by the shareholders, the corporation shall execute and deliver to the Secretary of State for filing as provided in Section 22-105 a statement setting forth: (1) The name of the corporation. (2) A copy of the resolution adopted by the board of directors establishing and designating the series, and fixing and determining the relative rights and preferences thereof, or a copy of the resolution adopted by the shareholders

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fixing and determining the relative rights and preferences of the series. (3) The date of adoption of such resolution. (4) That such resolution was duly adopted by the board of directors, or at a shareholders' meeting by the affirmative vote of the holders of a majority of the shares of each class outstanding, whether or not such shares are otherwise entitled to vote. (d) Upon the filing of such statement by the Secretary of State, the resolution of the board of directors establishing and designating the series and fixing and determining the relative rights and preferences thereof or the resolution of the shareholders fixing and determining the relative rights and preferences of the series shall become effective and shall constitute an amendment of the articles of incorporation. (e) Nothing in this section shall be construed to authorize either the board of directors or the shareholders, after shares have been issued, to make, otherwise than by formal amendment of the articles of incorporation, any change in the designations, preferences, limitations, and relative rights of such shares, even though such designations, preferences, limitations, and relative rights were fixed by the board of directors or by the shareholders as permitted by this section. 22-503. Rules of Construction for Preferred Shares. Unless otherwise provided by the articles of incorporation as permitted by Section 22-501 or by resolution of the board of directors or shareholders in the case of shares whose relative rights and preferences may be fixed and determined as permitted by Section 22-502: (a) Shares which are preferred as to dividends shall be deemed cumulative preferred shares. (b) Shares which are preferred as to dividends shall not be entitled to participate in dividends beyond the amount of the stated dividend preference.

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(c) Dividends on shares which are preferred as to dividends shall accumulate from the date of issue of such shares. (d) Shares which are preferred as to dividends shall be preferred, on liquidation of the corporation, as to their par value or, in the case of shares without par value, as to the consideration received for such shares. (e) Shares which are preferred as to liquidation shall not be entitled to participate in liquidation payments beyond the amount of the liquidation preference, except that preferred shares cumulative as to dividends and preferred as to liquidation shall be entitled to participate in liquidation payments which shall include the amount of dividends accrued but unpaid as of the date of liquidation. (f) Shares which are preferred as to dividends or as to payments upon liquidation shall not be entitled to vote. 22-504. Subscriptions for Shares. (a) A subscription for shares of a corporation to be organized shall be irrevocable for a period of six months, unless otherwise provided by the terms of the subscription agreement or unless all the subscribers consent to the revocation of such subscription. (b) A subscription for shares, whether made before or after the formation of a corporation, shall not be enforceable unless in writing and signed by the subscriber. (c) Unless otherwise provided in the subscription agreement: (1) Subscriptions for shares, whether made before or after the organization of a corporation, shall be paid in full at such time, or in such installments and at such times, as shall be determined by the board of directors. (2) Any call made by the board of directors for payment on subscriptions shall be uniform as to all shares of the same class or as to all shares of the same series, as the case may be.

Page 591

(d) In case of default in the payment of any installment or call when such payment is due, the corporation may proceed to collect the amount due in the same manner as any debt due the corporation and any damages for breach of contract. The subscription agreement may prescribe other penalties for failure to pay installments or calls that may become due, but no penalty working a forfeiture of a subscription, or of the amounts paid thereon, shall be declared as against any subscriber unless the amount due thereon shall remain unpaid for a period of twenty days after written demand has been made therefor. If mailed, such written demand shall be deemed to be made when deposited in the United States mail in a sealed envelope addressed to the subscriber at his last post office address known to the corporation, with first class postage thereon prepaid. The delinquent subscriber or his legal representative shall be entitled to be paid the excess of the sale proceeds realized from the sale by the corporation of such subscribed shares over the sum of (1) the amount due and unpaid on the subscription, and (2) the reasonable expenses incurred in selling the shares. (e) The board of directors of the corporation shall have power to compromise, on such terms and conditions as the board may prescribe, any claim, dispute or action arising out of a subscription for shares when in the judgment of the board it is in the best interests of the corporation to do so. 22-505. Consideration for Shares. (a) Shares having a par value may be issued for such consideration as shall be fixed from time to time by the board of directors unless the articles of incorporation reserve to the shareholders the right to fix the consideration. In either case, such consideration shall not be less than the par value of the shares issued therefor. (b) Shares without par value may be issued for such consideration as may be fixed from time to time by the board of directors unless the articles of incorporation reserve to the shareholders the right to fix the consideration. (c) Treasury shares may be disposed of by the corporation for such consideration as may be fixed from time to

Page 592

time by the board of directors unless the articles of incorporation reserve to the shareholders the right to fix the consideration. (d) If the articles of incorporation reserve to the shareholders the right to fix the consideration for any shares, the shareholders shall, unless the articles otherwise provide, do so by the affirmative vote of the holders of a majority of all shares entitled to vote thereon. (e) That part of the surplus of a corporation which is transferred to stated capital upon the issuance of shares as a share divided shall be deemed to be the consideration for the issuance of such shares. (f) In the event of a conversion of bonds or shares into shares, or in the event of an exchange of bonds or shares for shares with or without par value, whether of the same or of a different class or classes, the consideration for the shares so issued in exchange or conversion shall be deemed to be: (1) Either the principal sum of, and accrued interest on, the bonds so exchanged or converted, or the stated capital then represented by the shares so exchanged or converted; and (2) That part of surplus, if any, transferred to stated capital upon the issue of the new shares; and (3) Any additional consideration paid to the corporation for the new shares. (g) As used in this section, the term bonds shall include, in addition to bonds, debentures or other debt securities. (h) Each corporation shall keep a record of the consideration for all shares issued by it and of the number and par value, if any, of shares issued therefor. 22-506. Payment for Shares. (a) The consideration for the issuance of shares, or for the disposal of treasury shares, may be paid in:

Page 593

(1) Money or other property, tangible or intangible, or any interest therein, actually received by the corporation, or (2) Labor or services actually performed for the benefit of the corporation, including its organization or reorganization, or (3) Shares, securities or other obligations of the corporation actually surrendered, cancelled or reduced, or (4) Satisfaction of dividends accrued with respect to preferred shares, or (5) In the case of shares issued upon an exchange or conversion of shares or other securities of the corporation, or in the case of a dividend paid in shares of the corporation, amounts transferred from surplus to stated capital. (b) Neither promissory notes or other obligation of a subscriber or purchaser, including any endorsement or guaranty of an obligation of the corporation, shall constitute payment or part payment for the shares of a corporation which provide the minimum capital necessary under the articles of incorporation for the corporation to commence business. No agreement to perform future services shall constitute payment or part payment for any shares of a corporation. (c) If payment of any part of the consideration for the issuance of shares or for the disposal of treasury shares is made in other than money, the board of directors shall state by resolution its determination of the fair value to the corporation in dollars of such payment. In the absence of bad faith in making the determination of value, such determination shall be conclusive. (d) When payment of the consideration for the issuance of shares or for the disposal of treasury shares shall have been received by the corporation, such shares shall be deemed to be fully paid and nonassessable. (e) A corporation may pay or allow, out of the consideration received by it in payment for its shares, the reasonable

Page 594

charges and expenses of organization or reorganization of the corporation, and the reasonable expenses of and compensation for the sale or underwriting of its shares. In the absence of fraud participated in by the shareholders, shares which are fully paid and nonassessable as provided in paragraph (d) of this section shall not be assessable or be not fully paid because of any payment or allowance by the corporation of any of the aforesaid charges, expenses and compensation, whether or not such charges, expenses and compensation are reasonable, except that shares received by a person as compensation for the charges or expenses of organization or reorganization of the corporation or for the sale or underwriting of its shares shall not be fully paid or nonassessable as to him to the extent that such charges or expenses are determined to be unreasonable. 22-507. Share Rights and Options. (a) Subject to any provisions in respect thereof set forth in its articles of incorporation, a corporation may create and issue, whether or not in connection with the issuance and sale of any of its shares or other securities, rights or options entitling the holders thereof to purchase from the corporation, upon such consideration, terms and conditions as may be fixed by the board of directors, shares of any class or series, whether authorized but unissued shares or treasury shares. No issue of rights or options entitling the holders thereof to purchase a specified number of shares or fractional shares from the corporation shall be made unless a sufficient number of authorized but unissued shares or treasury shares of the appropriate class or series are reserved by the board of directors to be issued only on the exercise of such rights or options. (b) Such rights or options shall be evidenced in such manner as the board of directors shall approve and, subject to the provisions of the articles of incorporation, shall set forth the terms upon which, the time or times at or within which and the price or prices at which such shares may be purchased from the corporation upon the exercise of any such right or option.

Page 595

(c) If such rights or options are to be issued to directors, officers or employees as such of the corporation or of any subsidiary thereof, or to a trustee on behalf of such directors, officers or emyloyees, and not to the shareholders generally, their issuance shall be approved or ratified by the affirmative vote of the holders of a majority of the shares entitled to vote thereon or shall be authorized by and consistent with a plan theretofore approved or ratified by such a vote of shareholders and set forth or incorporated by reference in the instrument evidencing each such right or option. (d) In the absence of bad faith in the transaction, the judgment of the board of directors as to the adequacy of the consideration received for such right or options shall be conclusive. 22-508. Certificates Representing Shares; Use of Facsimile Signatures on Share Certificates, Bonds, Etc. (a) A corporation shall not issue any share certificate until the share or shares represented thereby are fully paid. Each subscriber, upon payment in full for his shares, shall be entitled to a certificate or certificates certifying the number of shares owned by him in the corporation. (b) Unless otherwise provided in the articles of incorporation or the by-laws, the shares of a corporation shall be represented by certificates signed by the president or a vice president and the secretary or an assistant secretary of the corporation, and may be sealed with the seal of the corporation or a facsimile thereof. The signatures of such officers upon a certificate may be facsimile if the certificate is countersigned by a transfer agent, or registered by a registrar, other than the corporation itself or an employee of the corporation. (c) Each certificate representing shares shall set forth upon the face thereof: (1) The name of the corporation. (2) That the corporation is organized under the laws of this State.

Page 596

(3) The name or names of the person or persons to whom issued. (4) The number and class of shares, and the designation of the series, if any, which such certificate represents. (5) The par value of each share represented by such certificate, or a statement that the shares are without par value. (6) If the shares represented thereby are nonvoting shares, a statement or notation to that effect. (7) If the shares represented thereby are subordinate to shares of any other class or series with respect to dividends or amounts payable on liquidation, a brief statement to that effect. (d) Each certificate representing shares issued by a corporation which is authorized to issue shares of more than one class shall set forth or fairly summarize upon the face or back of the certificate, or shall state that the corporation will furnish to any shareholder upon request and without charge, a full statement of the designations, preferences, limitations, and relative rights of the shares of each class authorized to be issued and, if the corporation is authorized to issue and preferred or special class in series, the variations in the relative rights and preferences between the shares of each such series so far as the same have been fixed and determined and the authority of the board of directors or shareholders to fix and determine the relative rights and preferences of subsequent series. (e) In the event of a change in the capital structure of a corporation, it shall not be necessary to recall any previously issued share certificate for either the addition or deletion of the statement required by subparagraph (c) (7) to be set forth upon the face of such certificate or for revision of the information placed upon the face or back of the certificate pursuant to paragraph (d).

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(f) The signatures of the officers of a corporation and the seal of the corporation upon any bond, debenture or other debt security issued by the corporation may be facsimiles if the instrument is authenticated or countersigned by a trustee or transfer agent, or registered by a registrar, other than the corporation itself or an employee of the corporation. (g) In case any officer who has signed or whose facsimile signature has been placed upon a share certificate or upon a bond, debenture or other debt security as provided in this section shall have ceased for any reason to be such officer before such certificate or instrument is issued, it may be issued by the corporation with the same effect as if he were such officer at the date of its issue. 22-509. Issuance of Fractional Shares or Scrip. (a) A corporation may, but shall not be obliged to, issue certificates for fractional shares in order to effect share transfers, share distributions or reclassifications, mergers, consolidations or reorganizations, which shall entitle the holder, in proportion to his fractional holdings, to exercise voting rights, to receive dividends thereon, and to participate in any of the assets of the corporation in the event of liquidation. (b) As an alternative, a corporation may pay in cash the fair value of fractional shares as determined by the board of directors as of a time fixed by the board. In the absence of bad faith, all acts of the board pursuant to this paragraph shall be conclusive. (c) As an alternative, the board of directors may issue scrip in registered or bearer from over the manual or facsimile signature of an officer of the corporation or of its agent, exchangeable as therein provided for full shares, but such scrip shall not entitle the holder to any rights of a shareholder except as therein provided. The board of directors may cause such scrip to be issued subject to the condition that it shall become void if not exchanged for certificates representing full shares before a specified date, or subject to the condition that the shares for which

Page 598

such scrip is exchangeable may be sold by the corporation and the proceeds thereof distributed to the holders of such scrip, or subject to any other conditions which the board of directors may deem advisable. If a corporation issues scrip it shall provide reasonable opportunity for persons entitled thereto to sell such scrip or to purchase such additional scrip as may be needed to acquire a full share. (d) A corporation may provide reasonable opportunity for persons entitled to fractional shares to sell such fractional shares or to purchase such additional fractional shares as may be needed to acquire a full share, or may sell fractional shares or scrip for the account of such persons. 22-510. Determination of Amount of Stated Capital (a) In case of the issuance by a corporation of shares having a par value, the consideration received therefor, expressed in dollars, shall constitute stated capital at least to the extent of the par value of such shares, and the excess, if any, of such consideration shall constitute capital surplus. (b) In case of the issuance by a corporation of shares without par value, the entire consideration received therefor, expressed in dollars, shall constitute stated capital unless within a period of sixty days after issue the board of directors allocates to capital surplus any portion, but not all, of the consideration received for such shares. No such allocation shall be made of any portion of the consideration received for shares without par value having a stated preference in the assets of the corporation in the event of involuntary liquidation except the amount, if any, of such consideration in excess of such stated preference, nor shall such allocation be made of any portion of the consideration for the issue of shares without par value which is fixed by the shareholders pursuant to a right reserved in the articles of incorporation, unless such allocation is authorized by the affirmative vote of the holders of a majority of all shares entitled to vote thereon. (c) If shares have been or shall be issued by a corporation in merger or consolidation or in acquisition of all or substantially all the outstanding shares or of the property

Page 599

and assets of another corporation, whether domestic or foreign, any amount that would otherwise constitute capital surplus under the foregoing provisions of this section may instead be allocated to earned surplus by the board of directors of the issuing corporation, except that its aggregate earned surplus shall not exceed the sum of the earned surpluses as defined in Section 22-102 (n) of the issuing corporation and of all other corporations, domestic or foreign, that were merged or consolidated or of which the shares or assets were acquired. (d) The stated capital of a corporation may be increased from time to time by resolution of the board of directors transferring all or a part of the surplus of the corporation to stated capital. The board of directors may direct that the amount of the surplus so transferred shall be stated capital in respect of any designated class or series of shares. (e) If a corporation having outstanding shares of more than one class or series has a stated capital applicable to two or more of the classes or series and the amount of stated capital of a particular class or series cannot otherwise be readily determined, the directors of the corporation may make such determination. 22-511. Dividends. (a) The board of directors of a corporation may, from time to time, declare and the corporation thereupon shall pay dividends on its outstanding shares in cash, property, or its own shares, except when the corporation is insolvent or when the payment thereof would render the corporation insolvent or when the declaration or payment thereof would be contrary to any restrictions contained in the articles of incorporation, and subject to the following provisions: (1) Dividends may be declared and paid in cash or property only out of the unreserved and unrestricted earned surplus of the corporation, or out of the unreserved and unrestricted net earnings of the current fiscal year or the next preceding fiscal year.

Page 600

(2) If the articles of incorporation of a corporation engaged in the business of exploiting natural resources, patents or other wasting assets so provide, dividends may be declared and paid in cash out of the depletion reserves, but each such dividend shall be identified as a distribution of such reserves and the amount per share from such reserves shall be disclosed to the shareholders receiving the same concurrently with the distribution thereof. (3) Dividends may be declared and paid in its own shares out of any treasury shares that have been reacquired out of surplus of the corporation. (4) Dividends may be declared and paid in its own authorized but unissued shares out of any unreserved and unrestricted surplus of the corporation upon the following conditions: (A) If the dividend is payable in its own shares having a par value, such shares shall be issued at not less than par value thereof and there shall be transferred to stated capital at the time such dividend is paid an amount of surplus at least equal to the aggregate par value of the shares to be issued as a dividend. (B) If a dividend is payable in its own shares without par value, such shares shall be issued at such stated value as shall be fixed by the board of directors by resolution adopted at the time such dividend is declared, and there shall be transferred to stated capital at the time such dividend is paid an amount of surplus equal to the aggregate stated value so fixed in respect of such shares; and the amount per share so transferred to stated capital shall be disclosed to the shareholders receiving such dividend concurrently with the payment thereof. (5) No dividends payable in shares of any class shall be paid to the holders of shares of any other class unless the articles of incorporation so provide or such payment is authorized by the affirmative vote or the written consent of the holders of a majority of the outstanding shares of the class in which the payment is to be made.

Page 601

(b) A split or division of the issued shares of any class into a greater number of shares of the same class without increasing the stated capital of the corporation shall not be construed to be a share dividend within the meaning of this section. (c) (1) If a corporation has declared a cash dividend on any shares, or any other distribution payable in cash, or has sold fractional shares or scrip for the account of a shareholder, and has mailed to a shareholder at his address appearing on the records of the corporation a valid check in the amount of the dividend or other distribution or the proceeds of such sale to which such shareholder is entitled, and such check would have been honored if duly presented to the bank on which it is drawn, no action for the recovery of such dividend or other distribution or the amount thereof shall be brought by the shareholder or other person entitled thereto more than seven years after the date of mailing the check, or, in the event the check is returned to the corporation undelivered, more than seven years after the date on which the corporation receives such returned check. (2) If a corporation has declared a dividend payable in its own shares or any other distribution payable in its own shares or in other than cash, and has mailed to a shareholder at his address appearing on the records of the corporation a certificate or certificates representing such shares or a notice setting forth the time and manner in which a distribution in other than its own shares or cash shall be paid, no action for the recovery of such dividends or other distribution or the amount thereof shall be brought by the shareholder or other person entitled thereto more than seven years after the mailing of the share certificate or certificates or, in the case of a distribution in other than the corporation's own shares or cash, the time specified in the notice for the payment thereof, or, in the event the share certificate or certificates or the aforesaid notice is returned to the corporation undelivered, more than seven years after the date on which the corporation receives such returned certificate or certificates or notice.

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(3) When the statute of limitations provided for in this paragraph has run with respect to any unclaimed dividend or other unclaimed distribution, or unclaimed proceeds of the sale of fractional shares or scrip, the cash or property represented thereby shall thenceforth be treated as an asset of the corporation. Nothing herein shall prevent a corporation, pursuant to a plan of complete liquidation, from transferring to a trustee for the benefit of its shareholders or creditors all its interest in any unclaimed dividend or other unclaimed distribution, or unclaimed proceeds of the sale of fractional shares or scrip, and from providing that after said statute of limitations has run such unclaimed dividend or other unclaimed distribution or unclaimed proceeds of the sale of fractional shares or scrip shall be distributed as and at the time specified in the plan. 22-512. Distributions from Capital Surplus. (a) The board of directors of a corporation may, from time to time, distribute to its shareholders out of capital surplus of the corporation a portion of its assets, in cash or property, subject to the following provisions: (1) No such distribution shall be made at a time when the corporation is insolvent or when such distribution would render the corporation insolvent. (2) No such distribution shall be made unless the articles of incorporation so provide or such distribution is authorized by the affirmative vote of the holder of a majority of the outstanding shares of each class whether or not entitled to vote thereon by the provisions of the articles of incorporation of the corporation. (3) No such distribution shall be made to the holders of any class of shares unless all cumulative dividends accrued on all preferred or special classes of shares entitled to preferential dividends shall have been fully paid. (4) No such distribution shall be made to the holders of any class of shares which would reduce the remaining net assets of the corporation below the aggregate amount payable

Page 603

in event of voluntary liquidation to the holders of shares having senior or equal preferential rights to the assets of the corporation in the event of liquidation. (5) Each such distribution, when made, shall be identified as a distribution from capital surplus and the amount per share disclosed to the shareholders receiving the same concurrently with the distribution thereof. (b) The board of directors of a corporation may also, from time to time, distribute to the holders of its outstanding shares having a cumulative preferential right to receive dividends, in discharge of their accrued cumulative dividends, dividends payable in cash out of the capital surplus of the corporation, if at the time the corporation has no earned surplus and is not insolvent and would not thereby be rendered insolvent. No such distribution shall be made to the holders of any class of shares which would reduce the remaining net assets of the corporation below the aggregate preferential amount payable in event of voluntary liquidation to the holders of shares having senior or equal preferential rights to the assets of the corporation in the event of liquidation. Each such distribution, when made, shall be identified as a payment of cumulative dividends out of capital surplus. 22-513. Right of Corporation to Acquire and Dispose of Its Own Shares. (a) A corporation shall have the right to acquire its own shares (1) by gift, bequest, merger, consolidation, distribution of the assets of another corporation, or exchange of its shares, and (2) by purchase, as provided in this section; and it may hold, own, pledge or create a security interest in or otherwise encumber, transfer or otherwise dispose of such shares. (b) A corporation shall purchase its own shares only out of unreserved and unrestricted earned surplus available therefor, and, if the articles of incorporation so permit or with the affirmative vote of the holders of a majority of the outstanding shares entitled to vote thereon, to the extent of unreserved and unrestricted capital surplus available therefor.

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(c) Upon purchase of its shares, the corporation's earned or capital surplus, as the case may be, shall be reduced by the cost of such shares. Upon sale or other disposition for a consideration, the full consideration received for such shares shall be capital surplus, but if the shares were purchased out of earned surplus the corporation may elect to restore to earned surplus all or part of the amount by which earned surplus was reduced at the time of purchase. Surplus created upon retirement or cancellation of shares reacquired by the corporation, whether by purchase or otherwise, shall be capital surplus. Stated capital shall not be changed by retention of reacquired shares as treasury shares nor by their subsequent distribution to shareholders nor disposition for a consideration. (d) Notwithstanding the limitations of paragraph (b) of this section, a corporation may purchase or otherwise acquire its own shares for the purpose of: (1) Elminating fractional share or avoiding their issuance. (2) Collecting or compromising indebtedness to the corporation. (3) Paying dissenting shareholders entitled to payment for their shares under the provisions of this Code. (4) Effecting, subject to the other provisions of this Code, the retirement of its redeemable shares by redemption or by purchase at not to exceed the redemption price. (e) No purchase of or payment for its own shares shall be made for any purpose at a time when the corporation is insolvent or when such purchase or payment would make it insolvent, or would reduce the net assets below the aggregate amount payable to the holders of shares having senior or equal preferential rights to the assets of the corporation upon liquidation. (f) An agreement for the purchase by a corporation of its own shares shall be enforceable by the shareholder and the corporation to the extent that such purchase is permitted

Page 605

at the time of purchase by paragraphs (b) and (e) of this section. The possibility that a corporation may not be able to purchase its shares because of the limitations of paragraphs (b) and (e) of this section shall not be a ground for denying to either party specific performance of an agreement for the purchase by a corporation of its own shares, if at the time for performance the corporation can purchase all or part of such shares without violating said limitations. 22-514. Restriction on Issue and Redemption of Redeemable Shares. (a) Except in the case of an open-end investment company, as defined by the Act of Congress entitled Investment Company Act of 1940, as amended, no corporation shall issue any common shares which by their terms are subject to redemption. (b) No redemption of redeemable shares shall be made by a corporation when it is insolvent or when such redemption would render it insolvent, or which would reduce the net assets below the aggregate amount payable to the holders of shares having senior or equal preferential rights to the assets of the corporation upon liquidation. 22-515. Reacquired Shares. (a) Shares that have been issued and have been purchased, redeemed or otherwise reacquired by a corporation shall be cancelled if they are reacquired out of stated capital, or if they are exchanged or converted shares, or if the articles of incorporation require that such shares be cancelled upon reacquisition. (b) Any shares reacquired by the corporation and not required under paragraph (a) of this section to be cancelled may be either retained as treasury shares or cancelled by the board of directors at the time of reacquisition or at any time thereafter. (c) (1) When reacquired shares other than exchanged or converted shares are cancelled, the stated capital of the corporation is thereby reduced by the amount of stated capital then represented by such shares plus any stated capital not theretofore allocated to any designated class or series which is allocated to the shares cancelled at the time of cancellation.

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(2) When exchanged or converted shares are cancelled, the stated capital of the corporation is not reduced unless such shares represent an amount of stated capital greater than that represented by the shares issued upon the exchange or conversion, in which event the stated capital of the corporation is reduced by the difference plus any stated capital not theretofore allocated to any designated class or series which is allocated to the shares cancelled at the time of cancellation. If the exchanged or converted shares represent an amount of stated capital less than that required with respect to the shares issued upon the exchange or conversion, the stated capital of the corporation shall be increased by the difference minus any stated capital not theretofore allocated to any designated class or series which is allocated to the new shares at the time of the exchange or conversion. (3) The amount by which stated capital has been reduced by the cancellation of reacquired shares shall be disclosed in the next annual financial statement covering the fiscal year in which the reduction is made that is furnished by the corporation to all its shareholders or, if practicable, in the first notice of dividend or share distribution that is furnished to the holders of each class or series of its shares between the date of such reduction and the next such financial statement, and in any event to all its shareholders within twelve months of the date of such reduction. (d) Shares cancelled under this section are restored to the status of authorized but unissued shares. However, if the articles of incorporation prohibit the reissue of any shares required or permitted to be cancelled under this section, a statement of cancellation shall be executed and delivered to the Secretary of State for filing as provided in Section 22-105 and shall set forth: (1) The name of the corporation. (2) The number of shares cancelled, itemized by classes and series. (3) The aggregate number of issued shares, itemized by classes and series, after giving effect to such cancellation.

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(4) The number of shares which the corporation has authority to issue, itemized by classes and series, after giving effect to such cancellation. (e) The filing of the statement of cancellation pursuant to paragraph (d) of this section shall constitute a reduction of the number of authorized shares of the class or series affected by the number of shares so cancelled. 22-516. Reduction of Stated Capital in Certain Cases. (a) Except as otherwise provided in the articles of incorporation, the board of directors may at any time reduce the stated capital of a corporation by eliminating from stated capital amounts previously transferred by the board from surplus to stated capital and not allocated to any designated class or series of shares, or by eliminating any amount of stated capital represented by issued par value shares which exceeds the aggregate par value of such shares, or, subject to the provisions of Section 22-510 (b) relating to the determination of amount of stated capital in case of the issuance of shares without par value, by reducing the amount of stated capital represented by issued shares without par value. If the consideration for the issue of shares without par value was fixed by the shareholders pursuant to a right reserved in the articles of incorporation, the board shall not reduce the stated capital represented by such shares except to the extent, if any, that the board was authorized by the shareholders to allocate any portion of such consideration to surplus. (b) No reduction of stated capital shall be made under this section unless after such reduction the stated capital at least equals the aggregate preferential amounts payable upon involuntary liquidation upon all issued shares having preferential rights in the assets plus the par value of all other issued shares with par value. (c) When a reduction of stated capital has been effected under this section, the amount of such reduction shall be disclosed in the next annual financial statement covering the fiscal year in which such reduction is made that is furnished by the corporation to all its shareholders or, if

Page 608

practicable, in the first notice of dividend or share distribution that is furnished to the holders of each class or series of its shares between the date of such reduction and the next such financial statement, and in any event to all its shareholders within twelve months of the date of such reduction. 22-517. Special Provisions Relating to Surplus and Reserves. (a) The capital surplus of a corporation may be increased from time to time by resolution of the board of directors directing that all or a part of the earned surplus of the corporation be transferred to capital surplus. (b) A corporation may, by resolution of its board of directors, apply any part or all of its capital surplus to the reduction or elimination of any deficit arising from losses, however incurred, but only after first eliminating the earned surplus, if any, of the corporation by applying such losses against earned surplus and only to the extent that such losses exceed the earned surplus, if any. Capital surplus, however, shall be available for such an application only to the extent that the net assets of the corporation exceed the aggregate amount payable to the holders of shares having preferential rights to the assets of the corporation upon liquidation. Each such application of capital surplus shall, to the extent thereof, effect a reduction of capital surplus. Each such application of capital surplus shall be disclosed in the next annual financial statement covering the fiscal year in which such application is made that is furnished by the corporation to all its shareholders or, if practicable, in the first notice of dividend or share distribution that is furnished to holders of each class or series of its shares between the date of such application and the next such financial statement, and in any event to all its shareholders within twelve months of the date of such application. (c) A corporation may, by resolution of its board of directors, create a reserve or reserves out of its earned surplus for any proper purpose or purposes, and may abolish any such reserve in the same manner. Earned surplus of the corporation to the extent so reserved shall not be available

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for the payment of dividends or other distributions by the corporation except as expressly permitted by Section 22-511 (a) (2). (d) Nothing in this section shall be construed as affecting any rights of the creditors of a corporation. 22-518. Consolidated Financial Statements. (a) Any financial statement (including, for example, a balance sheet and profit and loss statement) required or permitted by this Code, and any component of, or accounting item in, such a financial statement (including, for example, surplus, earned surplus, capital surplus and earnings), may, at the option of any corporation, be stated or computed by combining the item or items pertaining to the corporation with the corporation's share of the corresponding item or items of the subsidiaries of the corporation, in a manner fairly reflecting the aggregate of the items so combined. 22-519. Cancellation of Redeemed Securities When Not Surrendered. When a corporation has duly and properly called for redemption, surrender, cancellation or payment of any shares or other securities subject to such call, and the registered holder of such shares or other securities has been mailed notice of such call at his last address as it appears on the records of the corporation but fails, within sixty (60) days of such call or such longer time as may be specified in the notice of such call, to present the certificates representing his shares or other securities for such redemption, surrender, cancellation or payment as provided in the call, then the corporation may transfer to a trustee for the benefit of such registered holder or his successors in title, the money or other property distributable upon such redemption, surrender, cancellation or payment, and thereupon the shares or other securities shall be deemed to have been redeemed, surrendered, cancelled or paid and no longer outstanding. In order for such transfer to the trustee to be effective for such purpose, the corporation must have adopted a plan therefor prior to the call and shall mail notice to the registered holder of the details of such plan, including the name and address of the trustee, at the time of the mailing of the notice of the call. The registered holder

Page 610

for whom such transfer in trust is made, or his successors in title, shall have only the right to obtain such money or other property from the trustee upon surrender to trustee of the certificates representing the shares or other securties involved, but if same are not surrendered within six (6) years from the date of such transfer to the trustee, the money or other property being held by the trustee shall be distributed to the persons and in the manner provided in the plan theretofore adopted or shall be distributed to and become the property of the Board of Regents of the State of Georgia and used for educational purposes, in the event no such plan for distribution is adopted or such plan is held to be invalid. The trustee appointed under this section must be a bank or trust company located in the State of Georgia. Chapter 6. Shareholders 22-601. Liability of Subscribers and Shareholders. (a) Except as otherwise provided in this section, a holder of or subscriber to shares of a corporation shall be under no obligation to the corporation or its creditors with respect to such shares or subscription other than the obligation to pay the full consideration remaining due to the corporation upon such shares or subscription. Such obligation may be enforced by the corporation and its successors or assigns, or by a shareholder suing derivatively on behalf of the corporation, or by a receiver, liquidator, or trustee in bankruptcy of the corporation, or other person having the legal right to marshal the assets of such corporation. (b) (1) Every original holder of or subscriber for shares not fully paid, and every transferee or assignee of shares or of a subscription for shares with knowledge or notice that the shares are not fully paid, shall continue personally liable thereon as provided in paragraph (a) of this section notwithstanding any transfer or assignment of such shares or subscription for shares. (2) Any person becoming a transferee or assignee of shares or of a subscription for shares in good faith and without knowledge or notice that the full consideration therefor has not been paid shall not be personally liable thereon for any unpaid portion of such consideration.

Page 611

(c) An executor, administrator, conservator, guardian, trustee, assignee for the benefit of creditors, receiver, or other fiduciary shall not be personally liable to the corporation or its creditors as a holder of or subscriber of its shares, but the estate and funds in his hands or under his control shall be so liable. Nothing in the foregoing shall relieve any fiduciary from liability for a breach of trust. (d) No bailee or nominee and no pledgee or other holder of shares as collateral security shall be personally liable as a shareholder, but the bailor or real party in interest or pledgor or other person transferring such shares as collateral shall be considered the holder thereof for purposes of liability under this section. (e) No liability under this section shall be asserted more than six years after the date on which the shares for which payment is sought were to have been fully paid pursuant to the contract of sale or subscription agreement or, if no such date is provided for in the contract of sale or subscription agreement, more than six years from the date of the contract of sale or subscription agreement, whether or not such contract or agreement is under seal. 22-602. Shareholders' Preemptive Rights. (a) The preemptive right of a shareholder to acquire unissued shares of a corporation may be enlarged, limited or denied to the extent provided in the articles of incorporation. (b) Unless otherwise provided by the articles of incorporation, the holders of shares of any class, other than shares of a preferred or special class, shall, in the event of the proposed sale by the corporation for cash of authorized and unissued shares of the same class, have the right to acquire such shares, as nearly as practicable, in proportion to their holding of shares of such class. The price to each holder shall be no less favorable than the price at which such shares are to be offered to others. The holders of shares entitled to the preemptive right, and the number of shares for which they have a preemptive right, shall be determined by fixing a record date in accordance with Section 22-605.

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(c) The holders of preferred shares or shares of any special class may be granted the preemptive right if and to the extent that the articles of incorporation so provide. (d) Unless otherwise provided by the articles of incorporation, there shall be no preemptive right with respect to: (1) Shares issued as a share dividend. (2) Fractional shares. (3) Shares issued in exchange for the assets or shares of a business, incorporated or unincorporated. (4) Shares issued to effect a merger or consolidation. (5) Shares comprising the corporation's original offering and sold within two years of the effective date of the articles of incorporation. (6) Shares issued under a plan of reorganization approved in a proceeding under any applicable act of Congress relating to the reorganization of corporations. (7) Shares issued or sold to directors, officers or employees of the corporation or of any subsidiary of such corporation for such consideration and upon such terms and conditions as shall be approved or ratified by the affirmative vote of the holders of a majority of the shares entitled to vote thereon. (8) Shares subject to rights or options as provided in Section 22-507 (c). (9) Shares released by waiver from their preemptive right by the affirmative vote or written consent of the holders of two-thirds of the shares of the class to be issued. Any such vote or consent shall be binding on all shareholders and their transferees for the time specified in such vote or consent up to but not exceeding one year from the

Page 613

date thereof, and shall protect the corporation, its management, and all persons who may within such time acquire the shares so released. (10) Shares which have been offered to shareholders to satisfy their preemptive rights but not purchased by them within the prescribed time, and which are thereafter issued or sold to any other person or persons at a price not less than the price at which they were offered to such shareholders. (e) Unless otherwise provided in the articles of incorporation, no holder of shares of any class shall have any preemptive right with respect to shares of any other class which may be issued or sold by the corporation. (f) Nothing in this section shall impair any cause of action or remedy which any shareholder may have for a breach of duty by the board of directors relating to the sale or other disposition by the corporation of shares or securties not subject to the preemptive right under this section or under the articles of incorporation as permitted by this section. (g) The holders of shares entitled to the preemptive right shall be given prompt notice setting forth the time within which and the terms and conditions upon which such shareholders may exercise their preemptive right. Such notice shall be given personally or by first class mail at least thirty days prior to the expiration of the period during which the right may be exercised. 22-603. Meetings of Shareholders. (a) Meetings of shareholders may be held at such place, either within or without this State, as may be provided in the by-laws. In the absence of any such provision, all meetings shall be held at the registered office of the corporation in this State. (b) An annual meeting of the shareholders shall be held at such time as may be provided in the by-laws. In the absence of such designation, the annual meeting shall be held on the second Tuesday of the fourth month following the

Page 614

end of the fiscal year of the corporation or, if such day is a legal holiday, the next following business day. Failure to hold the annual meeting shall not work a forfeiture or give cause for dissolution of the corporation, except as provided in Section 22-1317 in case of deadlock among directors or shareholders, nor shall such failure affect otherwise valid corporate acts. If the corporation fail or refuse to hold the annual meeting on (1) the date provided therefor pursuant to the by-laws or, (2) in the absence of such designation, the date provided in this section, and shall also fail or refuse to hold the annual meeting within thirty days after being thereafter requested by any shareholders to do so, the superior court of the county where the registered office of the corporation is located may, after notice to the corporation, order a substitute annual meeting to be held upon the application of such shareholder. The superior court may issue such orders as may be appropriate, including, without limitation, orders designating the time and place of such meeting, the record date for determination of shareholders entitled to vote, and the form of notice of such meeting. (c) Special meetings of the shareholders or a special meeting in lieu of the annual meeting of the shareholders may be called by the president, the chairman of the board of directors, the board of directors, or such other officers or persons as may be provided in the articles of incorporation or by-laws, or in the event there are no officers or directors, then by any shareholder. (d) Any action required by this Code to be taken at a meeting of the shareholders of a corporation, or any action which may be taken at a meeting of the shareholders, may be taken without a meeting if written consent, setting forth the action so taken, shall be signed by all the shareholders entitled to vote with respect to the subject matter thereof. Such consent shall have the same force and effect as a unanimous vote of shareholders, and may be stated as such in any articles or document filed with the Secretary of State under this Code. 22-604. Notice of Shareholders' Meetings. (a) Written notice stating the place, day and hour of the meeting and,

Page 615

in case of a special meeting, the purpose or purposes for which the meeting is called, shall be delivered not less than ten nor more than fifty days before the date of the meeting, either personally or by first class mail, by or at the direction of the president, the secretary, or the officer or persons calling the meeting, to each shareholder of record entitled to vote at such meeting. If mailed, such notice shall be deemed to be delivered when deposited in the United States mail with first class postage thereon prepaid, addressed to the shareholder at his address as it appears on the stock transfer books of the corporation. (b) At an annual meeting of shareholders, including any substitute annual meeting ordered in accordance with Section 22-603 (b), any matter relating to the affairs of the corporation, whether or not stated in the notice of the meeting, may be brought up for action, except matters which this Code requires to be stated in the notice of the meeting. (c) When a meeting is adjourned to another time or place, it shall not be necessary, unless the by-laws require otherwise, to give any notice of the adjourned meeting if the time and place to which the meeting is adjourned are announced at the meeting at which the adjournment is taken, and at the adjourned meeting any business may be transacted that might have been transacted on the original date of the meeting. If, however, after the adjournment the board fixes a new record date for the adjourned meeting, a notice of the adjourned meeting shall be given in compliance with paragraph (a) of this section to each shareholder of record on the new record date entitled to vote at such meeting. (d) (1) Notice of a meeting of shareholders need not be given to any shareholder who signs a waiver of notice, in person or by proxy, either before or after the meeting. Unless required by the by-laws, neither the business transacted nor the purpose of the meeting need be specified in the waiver.

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(2) Attendance of a shareholder at a meeting, either in person or by proxy, shall of itself constitute waiver of notice and waiver of any and all objections to the place of the meeting, the time of the meeting, or the manner in which it has been called or convened, except when a shareholder attends a meeting solely for the purpose of stating, at the beginning of the meeting, any such objection or objections to the transaction of business. 22-605. Closing of Transfer Books and Fixing Record Date. (a) For the purpose of determining shareholders entitled to notice of or to vote at any meeting of shareholders or any adjournment thereof, or entitled to receive payment of any dividend, or in order to make a determination of shareholders for any other proper purpose, the board of directors of a corporation may provide that the stock transfer books shall be closed for a stated period but not to exceed, in any case, fifty days. If the stock transfer books shall be closed for the purpose of determining shareholders entitled to notice of or to vote at a meeting of shareholders, such books shall be closed for at least ten days immediately preceding such meeting. (b) In lieu of closing the stock transfer books, the by-laws, or in the absence of an applicable by-law the board of directors, may fix in advance a date as the record date for any determination of shareholders, such date in any case to be not more than fifty days and, in case of a meeting of shareholders, not less than ten days prior to the date on which the particular action, requiring such determination of shareholders, is to be taken. (c) If the stock transfer books are not closed and no record date is fixed for the determination of shareholders entitled to notice of or to vote at a meeting of shareholders, or shareholders entitled to receive payment of a dividend, the date on which notice of the meeting is mailed or the date on which the resolution of the board of directors declaring such dividend is adopted, as the case may be, shall be the record date for such determination of shareholders.

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(d) When a determination of shareholders entitled to vote at any meeting of shareholders has been made as provided in this section, such determination shall apply to any adjournment thereof, unless the board of directors fixes a new record date under this section for the adjourned meeting. 22-606. Voting List. (a) The officer or agent having charge of the stock transfer books for shares of a corporation shall make a complete list of the shareholders entitled to vote at a meeting of shareholders or any adjournment thereof, arranged in alphabetical order, with the address of and the number and class and series, if any, of shares held by each. Such list shall be produced and kept open at the time and place of the meeting and shall be subject to the inspection of any shareholder during the whole time of the meeting for the purposes thereof. Such list shall be prima facie evidence of who is a shareholder of record, but in the event of challenge, the record of shareholders required by Section 22-613 shall control. (b) If the requirements of this section have not been substantially complied with, the meeting shall, on the demand of any shareholder in person or by proxy, be adjourned until the requirements are complied with. (c) If no such demand is made, failure to comply with the requirements of this section shall not affect the validity of any action taken at such meeting. (d) Notwithstanding the foregoing provisions of this section, it shall not be necessary to prepare or produce a list of shareholders in any case where the record of shareholders is presented and readily shows, in alphabetical order or by alphabetical index and by classes or series, if any, the names of the shareholders entitled to vote, with the address of and the number of shares held by each. 22-607. Quorum of Shareholders. (a) Unless otherwise provided in the articles of incorporation or in by-laws adopted by the shareholders, a majority of the shares entitled to vote, represented in person or by proxy, shall constitute

Page 618

a quorum at a meeting of shareholders, but in no event shall a quorum consist of less than one-third of the shares entitled to vote at the meeting. (b) If a quorum is present, the affirmative vote of the majority of the shares represented at the meeting and entitled to vote on the subject matter shall be the act of the shareholders, unless the vote of a greater number of voting by classes or series is required by this Code or the articles of incorporation or by-laws. (c) When a quorum is once present to organize a meeting, the shareholders present may continue to do business at the meeting or at any adjournment thereof notwithstanding the withdrawal of enough shareholders to leave less than a quorum. (d) The holders of a majority of the voting shares represented at a meeting, whether or not a quorum is present, may adjourn such meeting from time to time. 22-608. Voting of Shares. (a) Unless otherwise provided in the articles of incorporation or in a shareholders' agreement permitted under Section 22-611, each outstanding share entitled to vote, regardless of class, shall be entitled to one vote on each matter submitted to a vote at a meeting of shareholders. (b) Unless the articles of incorporation, by-laws or subscription for shares otherwise provides, a subscriber shall not be entitled to vote the shares subscribed for until such shares have been fully paid. (c) Neither treasury shares nor shares of a corporation held by a subsidiary of such corporation shall be voted at any meeting or counted in determining the total number of outstanding shares at any given time. (d) The articles of incorporation may provide that at each election for directors every shareholder entitled to vote at such election shall have the right to vote, in person or by proxy, the number of shares owned by him for as

Page 619

many persons as there are directors to be elected and for whose election he has a right to vote, or to cumulate his votes by giving one candidate as many votes as the number of such directors multiplied by the number of his shares shall equal, or by distributing such votes on the same principle among any number of such candidates; a corporation shall not have cumulative voting unless such voting is expressly authorized in the articles of incorporation. (e) The chairman of the board, president, any vice president, the secretary or the treasurer of a corporation, domestic or foreign, which is the holder of record of shares of another corporation shall be deemed by the corporation issuing such shares to have authority to vote such shares and to execute proxies and written waivers and consents in relation thereto, whether such shares are held in a fiduciary capacity or otherwise, unless before a vote is taken or a waiver or consent is acted upon it is made to appear by a certified copy of the by-laws or resolution of the board of directors or executive committee of the corporation holding such shares that such authority does not exist or is vested in some other officer or person. In the absence of such certification, a person executing any such proxies, waivers or consents or presenting himself at a meeting as one of such officers of a corporate shareholder shall for the purposes of this section be prima facie deemed to be duly elected, qualified and acting as such officer and to be fully authorized, and in case of conflicting representation, the corporate shareholder shall be deemed to be represented by its senior officer, in the order first stated in this paragraph. (f) Shares held by an administrator, executor, guardian or conservator may be voted by him, either in person or by proxy, without a transfer of such shares into his name. Shares standing in the name of a trustee may be voted by him, either in person or by proxy, but no trustee shall be entitled to vote shares held by him without a transfer of such shares into his name or the name of his nominee. Shares standing in the name of a person as life tenant may be voted by him, either in person or by proxy, unless the record of shareholders shows that he is not entitled to vote such shares.

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(g) Shares standing in the name of a receiver may be voted by such receiver, and shares held by or under the control of a receiver may be voted by such receiver without a transfer thereof into his name if authority to do so be contained in an order of the court by which such receiver was appointed. (h) If a share or shares stand of record in the names of two or more persons, whether fiduciaries, joint tenants, tenants in common, tenants in partnership, or otherwise, or if two or more persons have the same fiduciary relationship respecting the same share or shares, then unless the instrument or order appointing them or creating the tenacy otherwise directs and it or a copy thereof is filed with the secretary of the corporation, their acts with respect to voting shall have the following effect: (1) If only one votes, in person or by proxy, his act binds all. (2) If more than vote, in person or by proxy, the act of the majority so voting binds all. (3) If more than one vote in person or by proxy but the vote is evenly split on any particular matter, each faction is entitled to vote the share or shares in question proporionally. (4) If the instrument or order so filed shows that any such tenancy is held in unequal interest, a majority or evensplit for purposes of this paragraph shall be a majority or even-split in interest. (5) The principles of this paragraph shall apply, insofar as possible, to execution of proxies, waivers, consents or objections and for the purpose of ascertaining the presence of a quorum. (i) Unless a written agreement between the parties otherwise provides, a shareholder whose shares are pledged shall be entitled to vote such shares until the shares have

Page 621

been transferred into the name of the pledgee, or a nominee of the pledgee, and thereafter the pledgee or his nominee shall be entitled to vote the shares so transferred. (j) Notwithstanding the foregoing paragraphs, a corporation shall be protected in treating the persons in whose names shares stand on the record of shareholders as the owners thereof for all purposes. (k) On and after the date on which written notice of redemption of redeemable shares has been mailed to the holders thereof and a sum sufficient to redeem such shares has been deposited with a bank or trust company with irrevocable instruction and authority to pay the redemption price to the holders thereof upon surrender of certificates therefor, such shares shall not be entitled to vote on any matter and shall not be deemed to be outstanding shares. 22-609. Greater Voting Requirements. (a) Whenever, with respect to any action to be taken by the shareholders of a corporation, the articles of incorporation or by-laws require the vote or concurrence of the holders of a greater number of the shares, or of any class or series thereof, than required by this Code with respect to such action, the provisions of the articles of incorporation or by-laws shall control. (b) Any such provision in the articles of incorporation or by-laws may not itself be amended by a vote less than the vote prescribed in such provision. (c) The authorization or taking of any action by vote or concurrence of the shareholders may be rescinded or revoked by the same vote or concurrence as at the time of rescission or revocation would be rquired to authorize or take such action in the first instance, subject to the contract rights of other persons. 22-610. Proxies. (a) A person who is entitled to attend a shareholders' meeting, to vote thereat, or to execute consents, waivers or releases, may be represented at such meeting or vote thereat, and execute consents, waivers and releases,

Page 622

and exercise any of his other rights, by one or more agents authorized by a written proxy executed by such person or by his attorney-in-fact. A telegram or cablegram transmitted by a shareholder shall be deemed a written proxy within the meaning of this section. (b) No proxy shall be valid after the expiration of eleven months from the date thereof unless otherwise provided in the proxy. Every proxy shall be revocable at the pleasure of the person executing it, except as otherwise provided in this section. (c) Subject to the limitation of paragraph (b) of this section, any proxy duly executed is not revoked, and continues in full force and effect, until an instrument revoking it, or a duly executed proxy bearing a later date, is received by the secretary of the corporation. A proxy is not revoked by the death or incapacity of the maker unless, before the vote is counted or the authority is exercised, written notice of such death or incapacity is received by the secretary of the corporation. Notwithstanding that a valid proxy is outstanding, the powers of the proxy holder are suspended, except in the case of a valid proxy which is by law irrevocable and which states on its face that it is irrevocable, if the maker is present at the meeting and elects to vote in person. (d) If a proxy for the same shares confers authority upon two or more persons and does not otherwise provide, a majority of them present at the meeting, or if only one is present then that one, may exercise all the powers conferred by the proxy; but if the proxy holders present at the meeting are divided as to the right and manner of voting in any particular case and there is no majority, the voting of said shares shall be prorated. (e) if a proxy expressly provides, any proxy holder may appoint in writing a substitute to act in his place. (f) A shareholder shall not sell his vote or issue a proxy to vote to any person for any sum of money or anything of

Page 623

value, except as permitted in this section and in Section 22-611 relating to shareholders' agreements. (g) To be irrevocable, a proxy must be entitled IRREVOCABLE PROXY, must state that it is irrevocable, and be held by any of the following or a nominee of any of the following: (1) A pledge or other person holding a security interest in the shares. (2) A person who has purchased or agreed to purchase the shares. (3) A creditor or creditors of the corporation who extend or continue credit to the corporation in consideration of the proxy if the proxy states that it was given in consideration of such extension or continuation of credit, the amounts thereof, and the name of the person extending or continuing credit. (4) A person who has contracted to perform services as an officer of the corporation, if a proxy is required by the contract of employment, and if the proxy states that it was given in consideration of such contract of employment, the name of the employee and the period of employment contracted for. (5) A person designated by or under an agreement under the provisions of Section 22-611 relating to shareholders' agreements. (h) Notwithstanding a provision in a proxy stating that it is irrevocable, the proxy becomes revocable after the pledge or security interest is redeemed, or the debt of the corporation is paid, or the period of employment provided for in the contract of employment has terminated, or the agreement under the provisions of Section 22-611 relating to shareholders' agreements has terminated; and, in a case provided for in subparagraphs (g) (3) or (4) of this section, becomes revocable three years after the date of the proxy or at the end of the period, if any, specified therein,

Page 624

whichever period is less, unless the period of irrevocability is renewed from time to time by the execution of a new irrevocable proxy as provided in this section. This paragraph does not affect the duration of a proxy under paragraph (b) of this section. (i) A proxy may be revoked, notwithstanding a provision making it irrevocable, by a purchaser of shares without knowledge of the existence of the provision unless the existence of the proxy and its irrevocability are noted conspicuously on the face or back of the certificate representing such shares. 22-611. Shareholders' Agreements. (a) An agreement between two or more shareholders, if in writing and signed by the parties thereto, may provide that in exercising any voting rights, the shares held by them shall be voted as therein provided, or as they may agree, or as determined in accordance with a procedure agreed upon by them. Nothing herein shall impair the right of the corporation to treat the shareholders of record as entitled to vote the shares standing in their names. (b) Except in cases where the shares of the corporation are listed on a national securites exchange or generally traded in the markets maintained by securities dealers or brokers, no written agreement to which all the shareholders have actually assented, whether embodied in the articles of incorporation or by-laws or in any agreement in writing and signed by all the parties thereto, and which relates to any phase of the affairs of the corporation, whether to the management of its business or division of its profits or otherwise, shall be invalid as between the parties thereto, on the ground that it is an attempt by the parties thereto to restrict the discretion of the board of directors in its management of the business of the corporation or to treat the corporation as if it were a partnership or to arrange their relationships in a manner that would be appropriate only between partners. (c) The duration of any agreement permitted by paragraphs (a) or (b) shall not exceed twenty years. Failure to state a period of duration or stating a period of duration in

Page 625

excess of twenty years shall not invalidate the agreement, but in either such case the period of duration of the agreement shall be twenty years. Any such agreement shall be renewable at any time before the expiration of such twenty-year period by agreement of all the shareholders bound thereby at the date of renewal. (d) A transferee of shares in a corporation whose shareholders have entered into an agreement authorized by paragraphs (a) or (b) shall be bound by such agreement or any renewal of such agreement authorized by paragraph (c) if he takes the shares with notice thereof. A transferee shall be deemed to have notice of any such agreement or any such renewal if the existence thereof is noted on the face or back of the certificate or certificates representing such shares. (e) The effect of any agreement authorized by paragraph (b) or any renewal thereof authorized by paragraph (c) shall be to relieve the directors and impose upon the shareholders assenting thereto the liability for managerial acts or omissions that is imposed on directors by law, to the extent that and so long as the discretion or powers of the board of directors in its management of corporate affairs are controlled by any such agreement. 22-612. Voting Trust. (a) Any number of shareholders of a corporation may create a voting trust for the purpose of conferring upon a trustee or trustees the right to vote of otherwise represent their shares, for a period not to exceed ten years, by entering into a written voting trust agreement specifying the terms and conditions of the voting trust, by depositing a counterpart of the agreement with the corporation at its registered office, and by transferring their shares to such trustee or trustees for the purposes of the agreement. Such agreement may contain any other lawful provisions not inconsistent with said purposes. The counterpart of the voting trust agreement so deposited with the corporation shall be subject to the same right of examination by a shareholder of the corporation, in person or by agent or attorney, as are the books and records of the corporation, and shall be subject to examination by any holder

Page 626

of a beneficial interest in the voting trust, either in person or by agent or attorney, at any reasonable time for any proper purpose. (b) At any time before the expiration of a voting trust as originally fixed or as extended one or more times under this paragraph, one or more holders of a beneficial interest in the voting trust may, by agreement in writing, extend the duration of the voting trust, nominating the same or a substitute trustee or trustees, for an additional period not exceeding ten years from the date of such extension agreement. Such extension agreement shall not affect the rights or obligations of persons not parties thereto and shall in every respect comply with and be subject to all the provisions of this section applicable to the original voting trust agreement. (c) After the expiration of a voting trust as originally fixed, or as extended one or more times under paragraph (b) of this section, any number of shareholders, whether or not they were holders of a beneficial interest in the expired voting trust or any extension thereof, may create a new voting trust by entering into a written voting trust agreement as provided in paragraph (a) of this section. Such new voting trust shall be subject to all the provisions of this section. 22-613. Books and Records. (a) Each corporation shall keep correct and complete books and records of account and shall keep minutes of the proceedings of its shareholders, board of directors, and committees of directors; and shall keep at its registered office or principal place of business, or at the office of its transfer agent or registrar, a record of its shareholders, giving the names and addresses of all shareholders, and the number, class and series, if any, of the shares held by each. (b) Any person who shall have been a shareholder of record for at least six months immediately preceding his demand or who shall be the holder of record of, or thereunto authorized in writing by the holders of record of, at least five percent of all the outstanding shares of any class or

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series of a corporation, upon written demand stating the purpose thereof, shall have the right to examine, in person, or by agent or attorney, at any reasonable time or times, for any proper purpose, its books and records of account, minutes and record of shareholders and to make extracts therefrom. (c) An inspection authorized by paragraph (b) may be denied to such shareholder or other person upon his refusal to furnish to the corporation, its transfer agent or registrar an affidavit that such inspection is not desired for a purpose which is in the interest of a business or object other than the business of the corporation, that he has not within the five years preceding the date of the affidavit sold or offered for sale, and does not now intend to sell or offer for sale, any list of shareholders of the corporation or of any other corporation, and that he has not within said five-year period aided or abetted any other person in procuring any list of shareholders for such purpose. (d) If the corporation, or an officer or agent of the corporation, refuses to permit the inspection authorized by paragraph (b), the shareholder demanding inspection may apply to the superior court for the county in which the corporation's registered office is located, upon such notice as the court may require, for an order directing the corporation, its officers or agent to show cause why an order should not be granted permitting such inspection by the applicant. The court shall hear the parties summarily, by affidavit or otherwise, and if the applicant establishes that he is qualified and is entitled to such inspection, the court shall grant an order permitting such inspection, subject to any limitations which the court may prescribe, and grant such other relief, including costs and reasonable attorneys' fees, as the court may deem just and proper. The court may deny or restrict inspection if it finds that the shareholder has improperly used information secured through any prior examination of the books and records of account, or minutes or record of shareholders of such corporation or of any other corporation, or that he is not acting in good faith or for a proper purpose in making his demand.

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(e) Nothing herein contained shall impair the power of any court of competent jurisdiction, upon proof by a shareholder of proper purpose, irrespective of the period of time during which shareholder shall have been a shareholder of record, and irrespective of the number of shares held by him, to compel the production or examination by such shareholder of the books and records of account, minutes, and record of shareholders of a corporation. (f) Not later than four months after the close of each fiscal year, and in any case prior to the annual meeting of shareholders, each corporation shall prepare: (1) A balance sheet showing in reasonable detail the financial condition of the corporation as of the close of its fiscal year, and (2) A profit and loss statement showing the results of its operation during its fiscal year. Upon written request, the corporation promptly shall mail to any shareholder of record a copy of the most recent such balance sheet and profit and loss statement. (g) Each corporation which refuses, when requested by any shareholder of record, to furnish a balance sheet and profit and loss statement as provided by paragraph (f) of this section shall be liable to the shareholder in a penalty of five hundred dollars. 22-614. Derivative Actions by Shareholders. A derivative action may be brought by a shareholder in the right of the corporation to procure a judgment in its favor against directors, officers, or other representatives of the corporation, or shareholders or third parties, or any combination thereof, whenever the corporation has a claim or cause of action which the representatives of the corporation, in violation of their duties, have failed to enforce, including a claim or cause of action against such representatives for their failure in this respect.

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22-615. Further Provisions Relating to Derivative Actions. (a) In a derivative action brought by one or more shareholders or members in the right of an association, incorporated within or without this State or unincorporated, to procure a judgment in its favor, the representatives of the corporation or association wrongfully having failed to enforce a right which may properly be asserted by it, the complaint shall be verified and shall allege that the plaintiff is a shareholder of record or a member at the time of bringing the action. It shall further allege: (1) That the plaintiff had purchased his shares or was a shareholder of record or member at the time of the transaction of which he complains or that his shares or membership thereafter devolved on him through one or several transfers by operation of law from one who was a holder of record or member at such time, or (2) That the plaintiff as trustee of a voting or other trust is the holder of record of shares which at the time of the transaction of which plaintiff complains were held of record by the settlor of the trust or by one from whom the shares devolved upon the settlor through one or several transfers by operation of law, or (3) That the plaintiff is the holder of record of shares which at the time of the transaction of which he complains were held of record by a trustee of a voting or other trust in which the plaintiff held a beneficial interest or in which a beneficial interest was held by one from whom the shares have devolved upon the plaintiff through one or several transfers by operation of law. (b) In any such action, the complaint shall also allege with particularity the efforts of the plaintiff to secure the initiation of such action by the board of directors or comparable authority, or the reasons for not making such effort. (c) Such action shall not be discontinued, compromised or settled without the approval of the court having jurisdiction of the action. If the court shall determine that the interests of the members or of the shareholders of any class

Page 630

or classes will be substantially affected by such discontinuance, compromise, or settlement, the court shall direct that notice, by publication or otherwise, of the action and the proposed discontinuance, compromise, or settlement thereof be given to the members or to the shareholders of the class or classes whose interests it determines will be so affected; if notice is so directed to be given, the court may determine which one or more of the parties to the action shall bear the expense of giving the same, in such amount as the court shall determine and find to be reasonable in the circumstances. (d) If such action be successful, in whole or in part, or if anything be received by the plaintiff or plaintiffs as the result of the judgment, compromise or settlement thereof, the court may award the plaintiff or plaintiffs reasonable expenses, including reasonable fees of attorneys, and shall direct him or them to account to the corporation for the remainder of the proceeds so received by him or them. (e) In any such action hereafter instituted, the court having jurisdiction, upon final judgment and a finding that the action was brought without reasonable cause, may require the plaintiff or plaintiffs to pay to the parties named as defendant the reasonable expenses, including fees of attorneys, incurred by them in the defense of such action. Chapter 7. Directors and Officers 22-701. Board of Directors. (a) Subject to the provisions of the articles of incorporation, the by-laws or agreements between the shareholders otherwise lawful, the business and affairs of a corporation shall be managed by a board of directors. (b) No limitation upon the authority which the directors would have in the absence of such limitation, whether contained in the articles of incorporation, by-laws or otherwise, shall be effective against persons, other than shareholders and directors, who are without actual knowledge of such limitation.

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(c) Directors shall be natural persons of the age of twenty-one years or over, but need not be residents of this State or shareholders of the corporation unless the articles of incorporation or by-laws so require. The articles of incorporation or by-laws may prescribe additional qualifications for directors. (d) The board of directors shall have authority to fix the compensation of directors for services in any capacity unless otherwise provided in the articles of incorporation or by-laws. 22-702. Number and Election of Directors. (a) The number of directors of a corporation shall not be less than three, except that if all the shares of a corporation are owned beneficially and of record by less than three shareholders, the number of directors may be less than three but not less than the number of shareholders. Subject to such limitation, the number of directors shall be fixed by the by-laws, except as to the number constituting the initial board of directors, which number shall be fixed by the articles of incorporation. The by-laws may authorize the number of directors to vary between a specified maximum and minimum number and in such case the exact number within such maximum and minimum shall be fixed by resolution of the shareholders from time to time. (b) Unless otherwise fixed by the shareholders, the number of directors may be increased or decreased from time to time by amendment to the by-laws, but no decrease shall have the effect of shortening the term of any incumbent director. In the case of a corporation having cumulative voting, an amendment to the by-laws decreasing the number of directors must be adopted by the shareholders, or if the proposed decrease affects any directors elected by the holders of the shares of any class or series, then by such holders voting as a class; no such amendment shall be effective when the number of shares voting against the proposal for decrease would be sufficient to elect a director if such shares could be voted cumulatively at an annual election. In the absence of a by-law fixing the number of directors, the number shall be the same as that stated in the articles of incorporation.

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(c) The names and addresses of the members of the initial board of directors shall be stated in the articles of incorporation. Each such person shall hold office until his successor shall have been elected and qualified, or until his earlier resignation, removal from office, or death. (d) At the first annual meeting of shareholders and at each annual meeting thereafter the shareholders shall elect directors to hold office until the next succeeding annual meeting, except in case of the classification of directors by staggered term as permitted by Section 22-704. The articles of incorporation may provide for the election of one or more directors by the holders of the shares of any class or series. Each director shall hold office or the term for which he is elected and until his successor shall have been elected and qualified, or until his earlier resignation, removal from office, or death. 22-703. Provisional Director. (a) If the directors of a corporation are deadlocked in the management of the corporate affairs and the shareholders are unable to break the deadlock, and if injury to the corporation is being suffered or is threatened by reason thereof, the superior court of the county where the registered office of the corporation is located may, notwithstanding any provisions of the articles of incorporation or by-laws of the corporation to the contrary and whether or not an action is pending for an involuntary dissolution of the corporation, appoint a provisional director pursuant to this section. (b) Action for such appointment may be filed by one-half of the directors or by the holders of not less than one-third of all outstanding shares. Notice of such action shall be served upon the directors (other than those who have filed the action) and upon the corporation in the manner provided by law for service of a summons and complaint, and a hearing shall be held not less than ten days after such service is effected. At such hearing all interested persons shall be given an opportunity to be heard. (c) The provisional director shall be an impartial person, who is neither a shareholder nor a creditor of the corporation, nor related by consanguinity or affinity within the

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third degree, as computed according to the civil law, to any of the other directors of the corporation, or to any judge of the court by which he is appointed. The provisional director shall have all the rights and powers of a director, and shall be entitled to notice of the meetings of the board of directors and to vote at such meetings, until he is removed by order of the court or by vote or written consent of the holders of a majority of the voting shares. He shall be entitled to receive such compensation as may be agreed upon between him and the corporation, and in the absence of such agreement he shall be entitled to such compensation as shall be fixed by the court. 22-704. Classification of Directors. (a) When the board of directors shall consist of nine or more members, in lieu of electing the whole number of directors annually, the articles of incorporation or a by-law adopted by the shareholders may provide that the directors be divided into either two or three classes, each class to be as nearly equal in number as possible, the term of office of directors of the first class to expire at the first annual meeting of shareholders after their election, that of the second class to expire at the second annual meeting after their election, and that of the third class, if any, to expire at the third annual meeting after their election. (b) At each annual meeting after such classification the number of directors equal to the number of the class whose term expires at the time of such meeting shall be elected to hold office until the second succeeding annual meeting, if there be two classes, or until the third succeeding annual meeting, if there be three classes. No classification of directors shall be effective prior to the first annual meeting of shareholders. (c) If directors are classified and the number of directors is thereafter changed: (1) Any increase or decrease in the number of directors shall be so apportioned among the classes as to make all classes as nearly equal in number as possible.

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(2) When the number of directors is increased and any newly created directorships are filled by the board, there shall be no classification of the additional directors until the next election of directors by the shareholders. (d) Corporations having a lawfully classified board of directors when this Code goes into effect may continue their existing classification even though not conforming to this section. 22-705. Vacancies. Unless the articles of incorporation or by-laws otherwise provide: (a) Except as provided in paragraphs (b) and (c) of this section, any vacancy occurring in the board of directors may be filled by the affirmative vote of a majority of the remaining directors though less than a quorum of the board of directors, or by the sole remaining director, as the case may be, or, if the vacancy is not so filled, or if no director remains, by the shareholders. (b) If a vacancy occurs with respect to a director elected by a particular class or series of shares voting as a class or series, the vacancy may be filled by the remaining director or directors elected by that class or series, or, if the vacancy is not filled by such remaining director or directors, or if no such director remains, by the shareholders of that class or series. (c) Any directorship to be filled by reason of the removal of a director or directors as provided in Section 22-706 shall be filled by the shareholders or, if authorized by the shareholders, by the remaining director or directors as provided in paragraph (a) of this section. (d) A director elected to fill a vacancy shall be elected for the unexpired term of his predecessor in office. Any directorship to be filled by reason of an increase in the number of directors may be filled by the board of directors, but only for a term of office continuing until the next election of directors by the shareholders and the election and qualification of his successor.

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(e) A director who resigns may postpone the effectiveness of his resignation to a future date or upon the occurrence of a future event specified in a written tender of resignation. A vacancy shall be deemed to exist at the time of such tender, and the board of directors or the shareholders may, then or thereafter, elect a successor to take office when the resignation, by its terms, becomes effective. 22-706. Removal of Directors. (a) At any shareholders' meeting with respect to which notice of such purpose has been given, the entire board of directors or any individual director may be removed, with or without cause, by the affirmative vote of the holders of a majority of the shares entitled to vote at an election of directors. (b) In the case of a corporation having cumulative voting, if less than the entire board is to be removed, no one of the directors may be removed if the votes cast against his removal would be sufficient to elect him if then cumulatively voted at an election of the entire board of directors, or, if there be classes of directors, at an election of the class of directors of which he is a part. (c) Whenever the holders of the shares of any class or series are entitled to elect one or more directors by the provisions of the articles of incorporation, the provisions of this section shall apply, in respect of the removal of a director or directors so elected, to the vote of the holders of the outstanding shares of that class or series and not to the vote of the outstanding shares as a whole. (d) If any or all directors are removed, new directors may be elected at the same meeting. 22-707. Quorum of Directors. (a) Unless the articles of incorporation or the by-laws shall provide that a different number shall constitute a quorum, a majority of the number of directors by the by-laws, or in the absence of a by-law fixing the number of directors, then of the number stated in the articles of incorporation or the number last fixed by the shareholders, shall constitute a quorum for the transaction of business. In no case shall less than one-third

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of the total number of directors nor less than two directors constitute a quorum, except that when a board consists of only one director as authorized under Section 22-702, then one director shall constitute a quorum. (b) The vote of a majority of the directors present at the time of the vote, if a quorum is present at such time, shall be the act of the board of directors, unless the vote of a greater number is required by the articles of incorporation or the by-laws. 22-708. Executive and Other Committees. (a) If the articles of incorporation or the by-laws so provide, the board of directors, by resolution adopted by a majority of the full board of directors, may designate from among its members an executive committee and one or more other committees, each consisting of three or more directors, and each of which, to the extent provided in such resolution or in the articles of incorporation or the by-laws of the corporation, shall have and may exercise all the authority of the board of directors, but no such committee shall have the authority of the board of directors in reference to: (1) Amending the articles of incorporation or the by-laws of the corporation. (2) Adopting a plan of merger or consolidation. (3) The sale, lease, exchange or other disposition of all or substantially all the property and assets of the corporation. (4) A voluntary dissolution of the corporation or a revocation thereof. (b) The board, by resolution adopted in accordance with paragraph (a) of this section, may designate one or more directors as alternate members of any such committee, who may act in the place and stead of any absent member or members at any meeting of such committee.

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(c) Unless otherwise provided in the articles of incorporation or the by-laws or ordered by the board of directors, any such committee shall act by a majority of its members. (d) The designation of any such committee and the delegation thereto of authority shall not operate to relieve the board of directors, or any member thereof, of any responsibility imposed by law. 22-709. Place, Time, Notice and Call of Directors' Meetings. (a) Unless the by-laws otherwise provide, meetings of the board of directors, regular or special, may be held either within or without this State. The time and place for holding meetings of the board of directors may be fixed by or under the by-laws, or, if not so fixed, by the board. (b) Regular meetings of the board of directors may be held with or without notice as prescribed in the by-laws. Special meetings of the board of directors shall be held upon such notice as is prescribed in the by-laws. Unless otherwise prescribed in the by-laws, written notice of the time and place of special meetings of the board of directors shall be given to each director either by personal delivery or by mail, telegram, or cablegram at least two days before the meeting. (c) Notice of a meeting of the board of directors need not be given to any director who signs a waiver of notice either before or after the meeting. Attendance of a director at a meeting shall constitute a waiver of notice of such meeting and waiver of any kind and all objections to the place of the meeting, the time of the meeting, or the manner in which it has been called or convened, except when a director states, at the beginning of the meeting, any such objection or objections to the transaction of business. (d) Neither the business to be transacted at, nor the purpose of, any regular or special meeting of the board of directors need be specified in the notice or waiver of notice of such meeting unless required by the by-laws.

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(e) A majority of the directors present, whether or not a quorum exists, may adjourn any meeting of the board of directors to another time and place. Unless the by-laws otherwise provide, notice of any such adjourned meeting shall be given to the directors who were not present at the time of the adjournment and, unless the time and place of the adjourned meeting are announced at the time of the adjournment, to the other directors. (f) Meetings of the board of directors may be called by the chairman of the board, by the president of the corporation, or by any two directors, or by any other person or persons authorized by the by-laws. 22-710. Action by Directors Without a Meeting. Unless otherwise provided by the articles of incorporation or by-laws, any action required by this Code to be taken at a meeting of the directors of a corporation, or any action which may be taken at a meeting of the directors or of a committee, may be taken without a meeting if written consent, setting forth the action so taken, shall be signed by all the directors, or all the members of the committee, as the case may be, and be filed with the minutes of the proceedings of the board or the committee. Such consent shall have the same force and effect as a unanimous vote, and may be stated as such in any articles or document filed with the Secretary of State under this Code. 22-711. Officers. (a) The board of directors shall elect or appoint a president, a secretary and a treasurer. Other officers may be elected or appointed either by the board or as may be provided in the by-laws. Any two or more offices may be held by the same person, except the offices of president and secretary. (b) The articles of incorporation may provide that all officers or that specified officers shall be elected by the shareholders instead of by the board. (c) Unless otherwise provided in the articles of incorporation, by-laws or resolution of the board, all officers shall be elected or appointed for a term of office running

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until the meeting of the board following the next annual meeting of shareholders or, in the case of officers elected by the shareholders, until the next annual meeting of shareholders. (d) Each officer shall hold office for the term for which he is elected or appointed, and until his successor has been elected or appointed and has qualified. (e) All officers and agents of a corporation, as between themselves and the corporation, shall have such authority and perform such duties in the management of the corporation as may be provided in the by-laws, or as may be determined by action of the board not inconsistent with the by-laws. (f) The president shall have authority to institute or defend legal proceedings when the directors are deadlocked. (g) No corporation shall be relieved of its liability to any third person for the acts of its officers by reason of any limitation upon the power of the officer, whether contained in the articles of incorporation, the by-laws or otherwise, not known to such third person. 22-712. Removal of Officers; Vacancies. (a) Any officer or agent elected or appointed by the board of directors may be removed by the board whenever in its judgment the best interests of the corporation will be served thereby. (b) An officer or agent elected by the shareholders may be removed only by vote of the shareholders, unless the shareholders shall have authorized the board to remove such officer or agent, but the authority of such officer or agent to act for the corporation may be suspended by the board for cause. (c) Any officer or agent appointed otherwise than by the board of directors or by the shareholders may be removed with or without cause at any time by any officer having authority to appoint, except as may be otherwise

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provided in the by-laws, whenever such officer in his absolute discretion shall consider that the best interests of the corporation will be served thereby. (d) Removal as provided in this section shall be without prejudice to the contract rights, if any, of the person so removed. Election or appointment of an officer or agent shall not of itself create contract rights. (e) Any vacancy, however occurring, in any office may be filled by the board of directors, unless the articles of incorporation shall have expressly reserved such power to the shareholders. 22-713. Duty of Directors and Officers. Directors and officers shall discharge the duties of their respective positions in good faith and with that degree of diligence, care and skill which ordinarily prudent men would exercise under similar circumstances in like positions. In discharging their duties, directors and officers, when acting in good faith, may rely upon financial information of the corporation represented to them to be correct by the president or the officer of the corporation having charge of its books of account, or stated in a written report by an independent or certified public accountant or firm of such accountants fairly to reflect the financial condition of such corporation. 22-714. Action Against Directors and Officers. (a) An action may be brought by any of the persons named in paragraph (b) of this section against one or more directors or officers of a corporation to procure for the benefit of the corporation a judgment for the following relief: (1) To compel the defendant to account for his official conduct, or to decree any other relief called for by his official conduct, in the following cases: (A) The neglect of, or failure to perform, or other violation of his duties in the management of the corporation or in the disposition of corporate assets committed to his charge.

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(B) The acquisition by himself, transfer to others, loss or waste of corporate assets due to any neglect of, or failure to perform, or other violation of his duties. (C) The appropriation, in violation of his duties, of any business opportunity of the corporation. (2) To enjoin a proposed unlawful conveyance, assignment or transfer of corporate assets or other unlawful corporate transaction, where there is sufficient evidence that it will be made. (3) To set aside an unlawful conveyance, assignment or transfer of corporate assets, where the transferee knew of its unlawfulness and is made a party to the action. (b) An action may be brought for the relief provided in this section, and in the provisions of Section 22-715 relating to the liability of directors in certain cases, by the corporation, or a receiver, trustee in bankruptcy, officer, director or judgment creditor thereof, or by a shareholder in accordance with Sections 22-641 and 22-615 relating to derivative actions. (c) No action shall be brought for the relief provided in this section more than four years from the time the cause of action accrued. (d) This section shall not limit any liability otherwise imposed by law upon any director or officer or any third party. 22-715. Liability of Directors in Certain Cases. (a) In addition to any other liabilities imposed by law upon directors of a corporation: (1) Directors of a corporation who vote for or assent to the declaration of any dividend or other distribution of the assets of a corporation to its shareholders contrary to the provisions of this Code or contrary to any restrictions contained in the articles of incorporation, shall be jointly and severally liable to the corporation for the amount of

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such dividend which is paid or the value of such assets which are distributed in excess of the amount of such dividend or distribution which could have been paid or distributed without a violation of the provisions of this Code or the restrictions in the articles of incorporation to the extent that any creditor or shareholder of the corporation has suffered damage as a result thereof. (2) Directors of a corporation who vote for or assent to the purchase of its own shares contrary to the provisions of this Code shall be jointly and severally liable to the corporation for the amount of the consideration paid for such shares which is in excess of the maximum amount which could have been paid therefor without a violation of the provisions of this Code to the extent that any creditor or shareholder of the corporation has suffered damage as a result thereof. (3) The directors of a corporation who vote for or assent to any distribution of assets of a corporation to its shareholders during the liquidation of the corporation without the payment and discharge of, or making adequate provisions for, all known debts, obligations and liabilities of the corporation shall be jointly and severally liable to the corporation for the value of such assets which are distributed, to the extent that such debts, obligations and liabilities of the corporation are not thereafter paid and discharged. (4) If a corporation shall commence business before it has received the minimum consideration for the issuance of shares fixed in the articles of incorporation, the directors who assent thereto shall be jointly and severally liable to the corporation for such part of such minimum consideration as shall not have been received before commencing business, but such liability shall be terminated when the corporation has actually received such minimum consideration for the issuance of shares. (b) A director of a corporation who is present at a meeting of its board of directors at which action on any corporate matter is taken shall be presumed to have assented

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to the action taken unless his dissent shall be entered in the minutes of the meeting or unless he shall file his written dissent to such action with the person acting as the secretary of the meeting before the adjournment thereof or shall forward such dissent by registered or certified mail to the secretary of the corporation within twenty-four hours after the adjournment of the meeting. Such right to dissent shall not apply to a director who, being present at the meeting, failed to vote against such action. (c) A director shall not be liable under paragraph (a) of this section if he relied and acted in good faith upon financial information of the corporation represented to him to be correct by the president or the officer of the corporation having charge of its books of account, or stated in a written report by an independent or certified public accountant or firm of such accountants fairly to reflect the financial condition of such corporation, nor shall he be so liable if in good faith in determining the amount available for any such dividend or distribution he considered the assets to be of their book value. (d) Any director against whom any claim shall be asserted under or pursuant to this section for the payment of a dividend or other distribution of assets of a corporation and who shall be held liable thereon, shall be entitled to contribution from the shareholders who accepted or received any such dividends or assets, knowing such dividend or distribution to have been made in violation of this Code, in proportion to the amounts received by them respectively. (e) Any director against whom any claim shall be asserted under or pursuant to this section shall be entitled to contribution from the other directors who voted for or assented to the action upon which the claim is asserted. (f) No liability under this section shall be asserted more than six years from the time the cause of action accrued. 22-716. Interested Directors and Officers. (a) No contract or transaction between a corporation and one or more of its directors or officers, or between a corporation

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and any other corporation, partnership, association, or other organization in which one or more of its directors or officers are directors or officers, or have a financial interest, shall be void or voidable solely for this reason, or solely because the director or officer is present at or participates in the meeting of the board of directors or committee thereof which authorizes the contract or transaction, or solely because his or their votes are counted for such purpose, if: (1) The material facts as to his interest and as to the contract or transaction are disclosed or are known to the board or the committee, and the board or committee in good faith authorizes the contract or transaction by a vote sufficient for such purpose without counting the vote of the interested director or directors; or (2) The material facts as to his interest and as to the contract or transaction are disclosed or are known to the shareholders entitled to vote thereon, and the contract or transaction is specifically approved or ratified in good faith by vote of such shareholders; or (3) The contract or transaction is fair as to the corporation as of the time it is authorized, approved or ratified by the board, a committee thereof, or the shareholders. (b) Interested directors may be counted in determining the presence of a quorum at a meeting of the board or committee thereof which authorizes the contract or transaction. 22-717. Indemnification of Officers, Directors, Employees and Agents; Insurance. (a) A corporation shall have power to indemnify any person who was or is a party or is threatened to be made a party to any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative or investigative (other than an action by or in the right of the corporation) by reason of the fact that he is or was a director, officer, employee or agent of the corporation, or is or was serving at the request of the corporation as a director, officer, employee or agent of another corporation, partnership, joint venture,

Page 645

trust or other enterprise, against expenses (including attorneys' fees), judgments, fines and amount paid in settlement actually and reasonably incurred by him in connection with such action, suit or proceeding if he acted in a manner he reasonably believed to be in or not opposed to the best interests of the corporation, and, with respect to any criminal action or proceeding, had no reasonable cause to believe his conduct was unlawful. The termination of any action, suit or proceeding by judgment, order, settlement, conviction, or upon a plea of nolo contendere or its equivalent, shall not, of itself, create a presumption that the person did not act in a manner which he reasonably believed to be in or not opposed to the best interests of the corporation, and, with respect to any criminal action or proceeding, had reasonably cause to believe that his conduct was unlawful. (b) A corporation shall have power to indemnify any person who was or is a party or is threatened to be made a party to any threatened, pending or completed action or suit by or in the right of the corporation to procure a judgment in its favor by reason of the fact he is or was a director, officer, employee or agent of the corporation, or is or was serving at the request of the corporation as a director, employee or agent of another corporation, partnership, joint venture, trust or other enterprise against expenses (including attorneys' fees) actually and reasonably incurred by him in connection with the defense or settlement of such action or suit if he acted in good faith and in a manner he reasonably believed to be in or not opposed to the best interests of the corporation and except that no indemnification shall be made in respect of any claim, issue or matter as to which such person shall have been adjudged to be liable for negligence or misconduct in the performance of his duty to the corporation unless and only to the extent that the court in which such action or suit was brought shall determine upon application that, despite the adjudication of liability but in view of all the circumstances of the case, such person is fairly and reasonably entitled to indemnity for such expenses which the court shall deem proper.

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(c) To the extent that a director, officer, employee or agent of a corporation has been successful on the merits or otherwise in defense of any action, suit or proceeding referred to in paragraphs (a) and (b) of this section, or in defense of any claim, issue or matter therein, he shall be indemnified against expenses (including attorneys' fees) actually and reasonably incurred by him in connection therewith. (d) Any indemnification under paragraphs (a) and (b) of this section (unless ordered by a court) shall be made by the corporation only as authorized in the specific case upon a determination that indemnification of the director, officer, employee or agent is proper in the circumstances because he has met the applicable standard of conduct set forth in paragraph (a) and (b). Such determination shall be made (1) by the board of directors by a majority vote of a quorum consisting of directors who were not parties to such action, suit or proceeding, or (2) if such a quorum is not obtainable, or, even if obtainable a quorum of disinterested directors so directs, by independent legal counsel in a written opinion, or (3) by the affirmative vote of a majority of the shares entitled to vote thereon. (e) Expenses incurred in defending a civil or criminal action, suit or proceeding may be paid by the corporation in advance of the final disposition of such action, suit or proceeding as authorized in the specific case upon receipt of an undertaking by or on behalf of the director, officer, employee or agent to repay such amount unless it shall ultimately be determined that he is entitled to be indemnified by the corporation as authorized in this section. (f) The indemnification provided by this section shall not be deemed exclusive of any other rights to which those seeking indemnification may be entitled under any by-law or resolution approved by the affirmative vote of the holders of a majority of the shares entitled to vote thereon taken at a meeting the notice of which specified that such by-law or resolution would be placed before the shareholders, both as to action by a director, officer, employee or agent in his official capacity and as to action in another

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capacity while holding such office or position, and shall continue as to a person who has ceased to be a director, officer, employee or agent and shall inure to the benefit of the heirs, executors and administrators of such a person. (g) A corporation shall have the power to purchase and maintain insurance on behalf of any person who is or was a director, officer, employee or agent of the corporation, or is or was serving at the request of the corporation as a director, officer, employee or agent of another corporation, partnership, joint venture, trust or other enterprise, against any liability asserted against him and incurred by him in any such capacity, or arising out of his status as such, whether or not the corporation would have the power to indemnify him against such liability under the provisions of this section. (h) If any expenses or other amounts are paid by way of indemnification, otherwise than by court order or action by the shareholders or by an insurance carrier pursuant to insurance maintained by the corporation, the corporation shall, not later than the next annual meeting of shareholders unless such meeting is held within three months from the date of such payment, and, in any event, within fifteen months from the date of such payment, send by first class mail to its shareholders of record at the time entitled to vote for the election of directors a statement specifying the persons paid, the amounts paid, and the nature and status at the time of such payment of the litigation or threatened litigation. Chapter 8. Organization of Corporations 22-801. Incorporators . One or more persons, including domestic and foreign corporations, may act as incorporator or incorporators of a corporation to be formed under this Code. Any natural person acting as incorporator shall be of the age of twenty-one years or over. 22-802. Articles of Incorporation . (a) The articles of incorporation shall be signed by the incorporator or incorporators or his or their representative and shall set forth:

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(1) The name of the corporation. (2) The period of duration, which shall be perpetual unless otherwise limited. (3) The purpose or purposes for which the corporation is organized. (4) The aggregate number of shares which the corporation shall have authority to issue; if such shares are to consist of one class only, the par value of each of such shares, or a statement that all of such shares are without par value; or if such shares are to be divided into classes, the number of shares of each class, and a statement of the par value of the shares of each such class or that such shares are to be without par value. (5) If the shares are to be divided into classes, the designation of each class and a statement of the preferences, limitations and relative rights in respect of the shares of each class. (6) If the corporation is to issue the shares of any preferred or special class in series, then the designation of each series and a statement of the variations in the relative rights and preferences as between series insofar as the same are to be fixed in the articles of incorporation, and a statement of any authority to be vested in the board of directors to establish series and fix and determine the variations in the relative rights and preferences as between series. (7) A statement that the corporation will not commence business until consideration of a fixed value, which shall not be less than five hundred dollars, has been received for the issuance of shares. (8) Any provision limiting or denying to shareholders the preemptive right to acquire additional shares of the corporation.

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(9) Any provision, not inconsistent with this Code or with any other law, limiting in any manner the corporate powers conferred by this Code. (10) The address of its initial registered office, and the name of its initial registered agent or agents at such address. (11) The number of directors constituting the initial board of directors and the name and address of each person who is to serve as a member thereof. (12) The name and address of each incorporator. (b) The articles of incorporation may, as a matter of election, also set forth: (1) Any provision, not inconsistent with law, for the regulation of the internal affairs of the corporation or for the restriction of the transfer of shares; and (2) Any provision which under this Code is required or permitted to be set forth in the by-laws; any such provision set forth in the articles of incorporation need not be set forth in the by-laws. (c) It shall not be necessary to set forth in the articles of incorporation any of the corporate powers enumerated in Section 22-202. 22-803. Filing of Articles of Incorporation . (a) The incorporator or incorporators or his or their representative shall obtain from the Secretary of State a certificate which states that the name of the proposed corporation is available in accordance with Section 22-301 regarding the corporate name for use by said incorporator or incorporators. (b) Such certificate shall be issued upon application to reserve the use of the proposed corporate name as provided in Section 22-302 and shall be valid for the period provided in Section 22-302, including any extension of such period granted by the Secretary of State. Upon the expiration of

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such period or any extension thereof the certificate shall become void unless the corporation shall have come into existence within such time. (c) The incorporator or incorporators or his or their representative shall present the articles of incorporation and the certificate issued by the Secretary of State regarding the name of the proposed corporation to a judge of the superior court of the county where the initial registered office of the corporation is to be located in term or vacation, or, in the event that the judge of the superior court of said county is absent from the circuit, disqualified, or from illness or other reason cannot act in the premises, to any judge of the superior court of this State. The judge shall examine the aforesaid documents and, if they are found to be lawful, shall pass an order declaring the incorporation granted. (d) The incorporator or incorporators or his or their attorney shall thereupon cause to be delivered to the clerk of the superior court of the county where the initial registered office of the corporation is to be located: (1) The original documents of incorporation, with the order of the judge thereon, and two conformed copies of such documents and of the order of the judge thereon, and (2) An affidavit signed by the duly authorized agent or publisher of a newspaper which is the official organ of said county (as of the date of the delivery of the documents specified in subparagraph (d) (1) of this section to said clerk) that there has been deposited with said newspaper the cost of publishing therein once a week for four consecutive weeks a notice in substantially the following form: On application of... (name and address of each of the incorporators) articles of incorporation have been granted to... (name of corporation) by the Honorable... (name of judge), Judge of the Superior Court of... County, in accordance with the applicable provisions of the Georgia Business Corporation Code. The registered office of the corporation is located at... (address of registered office)

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and its registered (agent) (agents) at such address (is) (are)... (name or names of registered agent or agents). The purpose of the corporation is... (briefly state the nature of the business the corporation is organized to conduct. The minimum capital with which the corporation shall commence business is... (here insert dollar amount of minimum capital as specified in the articles of incorporation). Concurrently therewith, the incorporator or incorporators shall deposit with and pay to said clerk the fees of said clerk for his services in said case, to wit, fifteen dollars. (e) Upon compliance with the provisions of paragraph (d) of this section the clerk shall file one copy of the documents of incorporation and of the order of the judge thereon, shall note thereon the date of such filing, and shall forthwith deliver to the incorporator or incorporators or his or their attorney the original and one certified copy of said documents of incorporation, the order of the judge thereon, and the filing of the clerk thereon, and receipt for the costs which have been paid to the clerk. (f) The first of the advertisements provided for in subparagraph (d) (2) of this section shall appear within ten days after the filing of the documents of incorporation unless a later time of publication is ordered by the court. (g) Upon receiving the original and the certified copy of said documents of incorporation and order of the judge thereon, the incorporator or incorporators or his or their attorney shall present the same to the Secretary of State and shall concurrently therewith pay to the Secretary of State for the use of the State the fees provided for in Section 22-1602. The Secretary of State shall thereupon attach to the certified copy of the articles of incorporation, as granted by the superior court, a certificate in substantially the following form: State of Georgia Office of the Secretary of State

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Ex Officio Corporation Commissioner This is to certify that.....(the name of the corporation) has been duly incorporated under the laws of the State of Georgia, on theday of, 19in accordance with the certified copy hereto attached, and that the original articles of incorporation of said corporation has duly been filed in the office of the Secretary of State and the fees therefor paid, as provided by law. Witness my hand and official seal, thisday of, 19. Secretary of State, Ex Officio Corporation Commissioner of the State of Georgia. Such certificate of incorporation with the certified copy of the articles of incorporation attached thereto shall be issued by the Secretary of State to the incorporator or incorporators or his or their attorney. The Secretary of State at any time, upon the request of the corporation or its officers or any other person, shall make and certify additional copies of the articles of incorporation, order, filing of the clerk, and certificate of the Secretary of State, upon payment to him of the fee provided for in Section 22-1603. (h) The corporate existence of the corporation shall begin at the time of the filing of the copy of the documents of incorporation and of the judge's order thereon with the clerk of the superior court, but the corporation shall not be authorized to transact any business until it shall have received the certificate from the Secretary of State in the manner hereinbefore prescribed. 22-804. Effect of Issuance of Certificate of Incorporation . The certificate of incorporation issued by the Secretary of State shall be conclusive evidence that the corporation has been incorporated under this Code, except as

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against this State in a proceeding to cancel or revoke the certificate of incorporation or for involuntary dissolution of the corporation. 22-805. Requirement Before Commencing Business . A corporation shall not transact any business or incur any indebtedness, except such as shall be incidental to its organization or to obtaining subscriptions for or payment for its shares, until there has been paid in the minimum consideration for the issuance of shares fixed in the articles of incorporation. 22-806. Organization Meeting of Directors . After the corporate existence has begun, an organization meeting of the board of directors named in the articles of incorporation shall be held, either within or without this State, at the call of any incorporator, for the purpose of adopting by-laws, electing officers, accepting subscriptions for shares and transacting such other business as properly may come before the meeting. The incorporator or incorporators calling the meeting shall give at least three days' notice thereof by mail to each director so named, which notice shall state the time and place of the meeting. From and after the organization meeting of directors, all rights of the incorporator or incorporators shall vest in the subscribers for shares. 22-807. By-laws . (a) The initial by-laws of a corporation shall be adopted by its board of directors. (b) The board of directors shall have power to alter, amend or repeal the by-laws or adopt new by-laws unless such power is reserved exclusively to the shareholders by the articles of incorporation, but any by-laws adopted by the boar dof directors may be altered, amended or repealed, and new by-laws adopted, by the shareholders. The shareholders may prescribe that any by-laws or by-laws adopted by them shall not be altered, amended or repealed by the board of directors. (c) Action by the shareholders with respect to by-laws shall be taken by an affirmative vote of a majority of all shares entitled to elect directors, and action by the directors

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with respect to by-laws shall be taken by an affirmative vote of a majority of all directors then holding office, unless in either case the articles of incorporation shall require such action to be taken by a greater number. (d) The by-laws may contain any provisions for the regulation and management of the affairs of the corporation not inconsistent with law or the articles of incorporation. 22-808. By-laws and Other Powers in Emergency. (a) The board of directors of any corporation may adopt emergency by-laws, subject to repeal or change by action of the shareholders, which shall, notwithstanding any different provision elsewhere in this Code or in the articles of incorporation or by-laws, be operative during any emergency in the conduct of the business of the corporation resulting from an attack on the United States or on a locality in which the corporation conducts its business or customarily holds meetings of its board of directors or its shareholders, or during any nuclear or atomic disaster, or during the existence of any catastrophe, or other similar emergency condition, as a result of which a quorum of the board of directors or a standing committee thereof cannot readily be convened for action. The emergency by-laws may make any provision that may be practical and necessary for the circumstances of the emergency, including, without limitation, provisions that: (1) A meeting of the board of directors may be called by any officer or director in such manner and under such conditions as shall be prescribed in the emergency by-laws; (2) The director or directors in attendance at the meeting, or any greater number fixed by the emergency by-laws, shall constitute a quorum; (3) The officers or other persons designated on a list approved by the board of directors before the emergency, all in such order or priority and subject to such conditions and for such period of time (not longer than reasonably necessary after the termination of the emergency) as may be provided in the emergency by-laws or in the resolution

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approving the list, shall, to the extent required to provide a quorum at any meeting of the board of directors, be deemed directors for such meeting; (4) Any officer of the corporation shall have such emergency powers as may be prescribed in the emergency by-laws; and (5) The board of directors may delegate any of its powers to any officer or director. (b) The board of directors, either before or during any such emergency, may provide, and from time to time modify, lines of succession in the event that during such an emergency any or all officers or agents of the corporation shall for any reason be rendered incapable of discharging their duties. (c) The board of directors, either before or during any such emergency, may, effective in the emergency, change the head office or designate several alternative head offices or regional offices, or authorize the officers so to do. (d) To the extent not inconsistent with any emergency by-laws so adopted, the by-laws of the corporation shall remain in effect during any such emergency and upon its termination the emergency by-laws shall cease to be operative. (e) Unless otherwise provided in emergency by-laws, notice of any meeting of the board of directors during any such emergency may be given only to such of the directors as it may be feasible to reach at the time, and by such means as may be feasible at the time, including publication, radio or television. (f) To the extent required to constitute a quorum at any meeting of the board of directors during any such emergency, the officers of the corporation who are present shall, unless otherwise provided in emergency by-laws, be deemed, in order of rank and within the same rank in order of seniority, directors for such meeting.

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(g) No officer, director, agent or employee acting in accordance with any emergency by-laws shall be liable except for willful misconduct. No officer, director, agent or employee shall be liable for any action taken by him in good faith in such an emergency in furtherance of the ordinary business affairs of the corporation even though not authorized by the by-laws then in effect. (h) If emergency by-laws have not been adopted by a corporation, action by shareholders, directors, officers, agents or employees during any emergency as defined in subparagraph (a) of this section shall be valid if it is substantially in compliance with this section, or if it is otherwise practical and necessary for the emergency operation and management of the business. Chapter 9. Amendment of Articles of Incorporation 22-901. Right to Amend Articles of Incorporation. (a) A corporation may amend its articles of incorporation, from time to time, in any and as many respects as may be desired, if the amendment contains only such provisions as might be lawfully contained in original articles of incorporation at the time of making such amendment, and, if a change in shares or the rights of shareholders, or an exchange, reclassification or cancellation of shares or rights of shareholders is to be made, such provisions as may be necessary to effect such change, exchange, reclassification or cancellation. (b) In particular, and without limitation upon such general power of amendment, a corporation may amend its articles of incorporation from time to time, so as to: (1) Change its corporate name. (2) Shorten or extend its period of duration, or revive its corporate existence as provided in Section 22-1326. (3) Change, enlarge or diminish its corporate purposes. (4) Increase or decrease the aggregate number of shares, or shares of any class, which the corporation has authority to issue.

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(5) Increase or decrease the par value of the authorized shares of any class having a par value, whether issued or unissued. (6) Exchange, classify, reclassify or cancel all or any part of its shares, whether issued or unissued. (7) Change the designation of all or any part of its shares, whether issued or unissued, and to change the preferences, limitations, and the relative rights in respect of all or any part of its shares, whether issued or unissued. (8) Change shares having a par value, whether issued or unissued, into the same or a different number of shares without par value, and to change shares without par value, whether issued or unissued, into the same or a different number of shares having a par value. (9) Change the shares of any class, whether issued or unissued, and whether with or without par value, into a different number of shares of the same class or into the same or a different number of shares, either with or without par value, of other classes. (10) Create new classes of shares having rights and preferences either prior and superior or subordinate and inferior to the shares of any class then authorized, whether issued or unissued. (11) Cancel or otherwise affect the right of the holders of the shares of any class to receive dividends which have accrued but have not been declared. (12) Divide any preferred or special class of shares, whether issued or unissued, into series and fix and determine the designations of such series and variations in the relative rights and preferences as between the shares of such series. (13) Authorize the board of directors to establish, out of authorized but unissued shares, series of any preferred

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or special class of shares and fix and determine the relative rights and preferences of the shares of any series so established. (14) Authorize the board of directors to fix and determine the relative rights and preferences of the authorized but unissued shares of series theretofore established in respect of which either the relative rights and preferences have not been fixed and determined or the relative rights and preferences theretofore fixed and determined are to be changed. (15) Revoke, diminish, or enlarge the authority of the board of directors to establish series out of authorized but unissued shares of any preferred or special class and fix and determine the relative rights and preferences of the shares of any series so established. (16) Limit, deny or grant to shareholders of any class the preemptive right to acquire additional shares of the corporation, whether then or thereafter authorized. 22-902. Procedure to Amend Articles of Incorporation. (a) Before the issuance of any shares, amendments to the articles of incorporation may be made (1) Before the organization meeting of the directors by the incorporator or, if there be more than one incorporator, then by two-thirds of the incorporators, and (2) At or after the organization meeting of the directors named in the articles of incorporation, by the director, or, if there be more than one director, then by two-thirds of the directors. If any such amendment makes a material change in the articles of incorporation, nonassenting subscribers for shares shall be entitled to rescind their subscriptions. (b) After the issuance of any shares, amendments to the articles of incorporation shall be made in the following manner: (1) The board of directors shall adopt a resolution setting forth the proposed amendment and directing that it be submitted to a vote at a meeting of shareholders, which may be either an annual or a special meeting.

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(2) Written notice setting forth the proposed amendment or a summary of the changes to be effected thereby shall be given to each shareholder of record entitled to vote thereon within the time and in the manner provided in Section 22-604 for the giving of notice of meetings of shareholders. If the proposed amendment is such that if it were adopted the holders of shares of any class or series of shares would have the right to dissent therefrom as provided in Sections 22-1201 and 22-1202, said written notice shall also be given to each holder of record of shares of each such class or series, and shall contain a clear and concise statement that if the amendment is effected shareholders dissenting from the amendment are entitled, if they file a written objection to such amendment before the vote of the shareholders is taken thereon and comply with the further provisions of Section 22-1202 regarding the rights of dissenting shareholders, to be paid the fair value of their shares. If the meeting be an annual meeting, the proposed amendment or such summary may be included in the notice of such annual meeting. (3) At such meeting a vote of the shareholders entitled to vote thereon shall be taken on the proposed amendment. The proposed amendment shall be adopted upon receiving the affirmative vote of the holders of a majority of the shares entitled to vote thereon, unless any class of shares is entitled to vote thereon as a class, in which event the proposed amendment shall be adopted upon receiving the affirmative vote of the holders of a majority of the shares of each class of shares entitled to vote thereon as a class and of the total shares entitled to vote thereon. (c) Any number of amendments may be submitted to the shareholders, and voted upon by them at one meeting. 22-903. Class Voting on Amendments. (a) The holders of the outstanding shares of a class shall be entitled to vote as a class upon a proposed amendment, whether or not entitled to vote thereon by the provisions of the articles of incorporation, if the amendment would: (1) Increase or decrease the aggregate number of authorized shares of such class.

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(2) Increase or decrease the par value of the shares of such class. (3) Effect an exchange, reclassification or cancellation of all or part of the shares of such class. (4) Effect an exchange, or create a right of exchange, of all or any part of the shares of another class into the shares of such class. (5) Change the designations, preferences, limitations or relative rights of the shares of such class. (6) Change the shares of such class, whether with or without par value, into the same or a different number of shares, either with or without par value, of the same class or another class or classes. (7) Create a new class of shares having rights and preferences prior and superior to the shares of such class, or increase the rights and preferences of any class having rights and preferences prior or superior to the shares of such class. (8) In the case of a preferred or special class of shares, divide the shares of such class into series and fix and determine the designation of such series and the variations in the relative rights and preferences between the shares of such series, or authorize the board of directors to do so. (9) Limit or deny the existing preemptive rights of the shares of such class. (10) Cancel or otherwise affect dividends on the shares of such class which have accrued but have not been declared. (b) Different series of the same class of shares shall not constitute different classes of shares for the purpose of voting by classes except when a series is adversely affected by an amendment in a different manner than other shares of the same class.

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22-904. Articles of Amendment. (a) The articles of amendment, other than for an amendment under subparagraph (b) of this section, shall be executed by the corporation as provided in Section 22-104, and shall set forth: (1) The name of the corporation. (2) The amendment so adopted. (3) The date of the adoption of the amendment by the shareholders. (4) The shareholder vote required to adopt the amendment, the number of shares outstanding and entitled to vote, the vote for the amendment, and, if the shares of any class are entitled to vote thereon as a class, the designation and number of outstanding shares of each such class, and the vote of each such class for the amendment. (5) If such amendment provides for an exchange, reclassification or cancellation of issued shares, and if the manner in which the same shall be effected is not set forth in the amendment, then a statement of the manner in which the same shall be effected. (6) If such amendment effects a change in the amount of stated capital, then a statement of the manner in which the same is effected and a statement, expressed in dollars, of the amount of stated capital as changed by such amendment. (b) If the amendment is made by the incorporator or incorporators or director or directors before the issuance of any shares, the articles of amendment shall be executed by the incorporator or incorporators or director or directors, as the case may be, and shall set forth: (1) The name of the corporation. (2) The amendment so adopted and the date of the adoption.

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(3) A statement that the amendment is made by the incorporator or incorporators or director or directors before the issuance of any shares. 22-905. Filing of Articles of Amendment. (a) If the purpose or one of the purposes of the articles of amendment is to change the corporate name, the corporation shall cause to be obtained from the Secretary of State a certificate which states that the proposed name is available in accordance with Section 22-301 regarding the corporate name. Such certificate shall be issued upon application to reserve the use of the proposed name as provided in Section 22-302 and shall be valid for the period provided in Section 22-302, including any extension of such period granted by the Secretary of State. Upon the expiration of such period or any extension thereof the certificate shall become void unless the amendment changing the corporate name shall have become effective within such time. (b) The corporation shall cause the articles of amendment to be presented to a judge of the superior court of the county where the registered office of the corporation is located in term or vacation in like manner as if it were an original articles of corporation. The judge shall examine the articles of amendment and, if they are found to be lawful, shall pass an order declaring the amendment granted. If paragraph (a) of this section is applicable, the certificate issued by the Secretary of State regarding the proposed corporate name shall accompany the articles of amendment. (c) The corporation shall thereupon cause to be delivered the original articles of amendment, with the order of the judge thereon, and two conformed copies of such articles and of the order of the judge thereon to the clerk of the superior court of the county where the registered office of the corporation is located, together with a fee of fifteen dollars, and an affidavit signed by the duly authorized agent or publisher of a newspaper which is the official organ of said county (as of the date of the delivery of the documents specified in this paragraph to said clerk) that

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there has been deposited with said newspaper the cost of publishing therein once a week for four consecutive weeks a notice in substantially the following form: Articles of amendment have been granted to... (name of corporation) by the Honorable... (name of judge), Judge of the Superior Court of... County, in accordance with the applicable provisions of the Georgia Business Corporation Code. The purpose (purposes) of said articles of amendment (is) (are)... (here briefly state the purpose of each amendment effected by the articles of amendment). (d) Upon compliance with the provisions of paragraph (c) of this section the clerk shall file one copy of the articles of amendment and of the order of the judge thereon, shall note thereon the date of such filing, and shall forthwith furnish to the corporation the original and one certified copy of the articles of amendment, the order of the judge thereon, and the filing of the clerk thereon, and receipt for the costs which have been paid to the clerk. (e) The corporation shall cause to be delivered said original and certified copy to the Secretary of State who shall retain the original and shall attach to the certified copy of a certificate stating that the amendment to the articles of incorporation has been granted on the date named in the order of the judge and that the original articles of amendment have been duly filed in the office of the Secretary of State and the fees paid therefor, as provided by law. Such certificate of amendment with said certified copy attached thereto shall be issued by the Secretary of State to the corporation or its attorney. (f) All amendments shall be advertised in like manner as is provided by this Code in the case of an original incorporation. 22-906. When Amendment Becomes Effective; Effect on Prior Rights. (a) Upon the filing of the copy of the articles of amendment and of the order of the judge thereon with

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the clerk of the superior court, the amendment shall become effective and the articles of incorporation shall be deemed to be amended accordingly. (b) No amendment shall affect any existing cause of action in favor of or against such corporation, or any pending suit to which such corporation shall be a party, or the existing rights of persons other than shareholders; and, in the event the corporate name shall be changed by amendment, no suit brought by or against such corporation under its former name shall abate for that reason. 22-907. Restated Articles of Incorporation. (a) A corporation may at any time restate its articles of incorporation as theretofore amended. (b) If the restated articles restate the text of the original articles as theretofore amended, without making any further amendment or change, the restated articles may be adopted by the board of directors without a vote of the shareholders. In the alternative, the board may submit the proposed restated articles to the shareholders for approval in accordance with Section 22-902 relating to amendments of the articles of incorporation. (c) Any amendment or amendments to the articles of incorporation may be adopted in the form of restated articles of incorporation. In such case the restated articles shall be submitted to the shareholders for approval in accordance with Section 22-902 relating to amendments of the articles of incorporation. (d) Upon adoption or approval of the proposed restated articles by the directors or the shareholders, as the case may be, restated articles of incorporation shall be executed by the corporation as provided in Section 22-104, and shall set forth: (1) All provisions required by Section 22-802 to be included in original articles of incorporation at the time of the restatement, except for the omissions expressly permitted by paragraph (e) of this section.

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(2) If the restated articles of incorporation restate the text of the original articles of incorporation as theretofore amended, without making any further amendment or change, that the restatement purports merely to restate but not to change the provisions of the original articles of incorporation as theretofore amended, and that there is no discrepancy, other than that expressly permitted by paragraph (e) of this section, between said provisions and the provisions of the restated articles. (3) If any amendment or amendments to the articles of incorporation are adopted in the form of restated articles of incorporation, that the restatement purports merely to restate all those provisions then in effect not being amended by such new amendment or amendments. (4) The date upon which the restatement was authorized by the directors or shareholders, as the case may be. (5) If the restatement was authorized by the directors without a vote of the shareholders, the director vote required to adopt the restatement and the number of directors who voted for the restatement. (6) If the restatement was authorized by the shareholders, the shareholder vote required to adopt the restatement, the number of shares outstanding and entitled to vote, the vote for the restatement, and, if the shares of any class are entitled to vote as a class, the designation and number of outstanding shares of each such class, and the vote of each such class for the restatement. (7) That the restated articles supersede the original articles of incorporation as theretofore amended. (e) A restated articles of incorporation need not include statements as to the incorporator or incorporators, the initial board of directors, the minimum consideration to be received for the issuance of shares before the corporation commences business, the address of the initial registered office, or the name of the initial registered agent or agents.

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(f) The corporation shall cause to be presented the restated articles of incorporation to a judge of the superior court of the county where the registered office of the corporation is located in like manner as if it were an original articles of incorporation. The judge shall examine the same and, if found to be lawful and that the statement required by subparagraph (d) (2) or (d) (3), whichever is applicable, is correct, shall pass an order declaring the restated articles of incorporation granted. (g) The corporation shall thereupon cause to be delivered the original restated articles of incorporation, with the order of the judge thereon, and two conformed copies of such articles and of the order of the judge thereon to the clerk of the superior court, together with a fee of fifteen dollars. If paragraph (c) of this section is applicable, the corporation shall also cause to be delivered to the clerk an affidavit that the fee legal advertising has been paid in accordance with Section 22-905 relating to amendments of the articles of incorporation. (h) Upon compliance with the provisions of paragraph (g) of this section the clerk shall file one copy of the restated articles of incorporation and of the order of the judge thereon, shall note thereon the date of such filing, and shall forthwith furnish to the corporation the original and one certified copy of the restated articles of incorporation, the order of the judge thereon, and the filing of the clerk thereon, and receipt for the costs which have been paid to the clerk. (i) The corporation shall cause to be delivered said original and certified copy to the Secretary of State who shall retain the original and shall attach to the certified copy a certificate stating that the restated articles of incorporation have been granted on the date named in the order of the judge and that the original restated articles of incorporation have been duly filed in the office of the Secretary of State and the fees paid therefor, as provided by law. The Secretary of State shall issue the certificate with the certified copy of the restated articles of incorporation attached thereto to the corporation or its attorney.

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(j) Upon the filing of the copy of the restated articles of incorporation and of the order of the judge thereon with the clerk of the superior court, the restated articles of incorporation shall become effective and shall supersede the original articles of incorporation as theretofore amended. (k) When a restatement has been effected without a vote of the shareholders as permitted by paragraph (b) of this section, that fact shall be disclosed in the next report that is furnished by the corporation to all its shareholders or, if practicable, in the first notice of dividend or share distribution that is furnished to the holders of each class or series of its shares between the effective date of such restatement and the next such report, and in any event to all its shareholders within twelve months of the effective date of such restatement. Chapter 10. Merger and Consolidation 22-1001. Procedure for Merger. (a) Any two or more domestic corporations may merge into one of such corporations pursuant to a plan of merger approved in the manner provided in this Code. (b) The board of directors of each corporation shall, by resolution adopted by each such board, approve a plan of merger setting forth: (1) The names of the corporations proposing to merge, and the name of the corporation into which they propose to merge, which is hereinafter designated as the surviving corporation. (2) The terms and conditions of the proposed merger. (3) The manner and basis of converting the shares of each merging corporation into shares or other securities or obligations of the surviving corporation, or the cash or other consideration to be paid or delivered in exchange for the shares of each merging corporation, or a combination thereof.

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(4) A statement of any changes in the articles of incorporation of the surviving corporation to be effected by such merger. (5) Such other provisions with respect to the proposed merger as are deemed necessary or desirable. 22-1002. Procedure for Consolidation. (a) Any two or more domestic corporations may consolidate into a new corporation pursuant to a plan of consolidation approved in the manner provided in this Code. (b) The board of directors of each corporation shall, by a resolution adopted by each such board, approve a plan of consolidation setting forth: (1) The names of the corporations proposing to consolidate, and the name of the new corporation into which they propose to consolidate, which is hereinafter designated as the new corporation. (2) The terms and conditions of the proposed consolidation. (3) The manner and basis of converting the shares of each corporation into shares or other securities or obligations of the new corporation, or the cash or other consideration to be paid or delivered in exchange for the shares of each corporation, or a combination thereof. (4) With respect to the new corporation, all of the statements required to be set forth in articles of incorporation for corporations organized under this Code. (5) Such other provisions with respect to the proposed consolidation as are deemed necessary or desirable. 22-1003. Approval by Shareholders. (a) The board of directors of each corporation, upon approving such plan of merger or plan of consolidation, shall, by resolution, direct that the plan be submitted to a vote at a meeting of shareholders, which may be either an annual or special meeting;

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provided, if a plan of merger will not effect any change in or amendment to the articles of incorporation of the surviving corporation, and if either no new shares of the surviving corporation are to be issued or any new shares of the surviving corporation to be issued under the plan of merger can be issued by the board of directors without further authorization by the shareholders of the surviving corporation the plan of merger need not be submitted to the shareholders of such corporation, unless the articles of incorporation of such corporation provide otherwise. If a merger is effected without submission of a plan of merger to the shareholders of the surviving corporation as provided in this paragraph (a), the fact of such merger, an outline of the material features of the plan thereof, and the financial condition of the merged corporation or corporations as shown in the most recent annual balance sheets and annual profit and loss statements of such corporation or corporations shall be disclosed to the shareholders of the surviving corporation in the next annual financial statement covering the fiscal year in which the merger is effected that is furnished by the surviving corporation to all its shareholders or, if practicable, in the first notice of dividend or share distribution that is furnished to the holders of each such class or series of its shares between the effective date of the merger and the next such financial statement, and in any event to all its shareholders within twelve months of the effective date of the merger. (b) (1) Written notice shall be given to each shareholder of record, whether or not entitled to vote at such meeting, not less than twenty days before such meeting, in the manner provided in Section 22-604 for the giving of notice of meetings of shareholders, and, whether the meeting be an annual or a special meeting, shall state that the purpose or one of the purposes is to consider the proposed plan of merger or consolidation; provided, that no such notice need be given to the shareholders of the surviving corporation where such corporation, in accordance with paragraph (a) of this section does not submit the plan of merger to its shareholders, or to the shareholders of any of the constituent corporations in a merger effected

Page 670

pursuant to Section 22-1005 relating to the merger of subsidiary corporations into their parent. (2) The notice shall contain a clear and concise statement that if the plan of merger or consolidation is effected shareholders dissenting therefrom are entitled, if they file a written objection to such plan before the vote of the shareholders is taken thereon and comply with the further provisions of Section 22-1202 regarding the rights of dissenting shareholders, to be paid the fair value of their shares. A copy of the plan of merger consolidation or an outline of the material features of the plan, together with a copy of the most recent annual balance sheet and annual profit and loss statement of each of the merging or consolidating corporations, shall accompany such notice. (c) At each such meeting, a vote of the shareholders shall be taken on the proposed plan of merger or consolidation. The plan of merger or consolidation shall be approved upon receiving the affirmative vote of the holders of a majority of the shares entitled to vote thereon of each corporation required to submit such plan to its shareholders, unless any class of shares of any such corporation is entitled to vote thereon as a class, in which event, as to such corporation, the plan of merger or consolidation shall be approved upon receiving the affirmative vote of the holders of a majority of the shares of each class of shares entitled to vote thereon as a class and of the total shares entitled to vote thereon. Any class of shares of any such corporation shall be entitled to vote as a class if the plan of merger or consolidation, as the case may be, contains any provision which, if contained in a proposed amendment to the articles of incorporation, would entitle such class of shares to vote as a class. (d) After the plan of merger or consolidation has been approved, and at any time prior to the filing of the articles of merger or consolidation, the merger or consolidation may be abandoned pursuant to provisions therefor, if any, set forth in the plan of merger or consolidation. 22-1004. Articles of Merger or Consolidation . (a) Articles of merger or articles of consolidation shall be executed

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by each corporation as provided in Section 22-104, and shall set forth: (1) The plan of merger or the plan of consolidation, including the proposed name of the surviving or new corporation, which name may be that of any of the merging or consolidating corporations or any other available name permitted under this Code. (2) As to each consolidating corporation and as to each merging corporation the shareholders of which voted on such plan, a statement of the shareholder vote required to adopt the plan of merger or consolidation, the number of shares outstanding and entitled to vote, the vote for the plan, and, if the shares of any class are entitled to vote as a class, the designation and number of outstanding shares of each such class, and the vote of each such class for the plan. (3) As to any merging corporation the shareholders of which did not vote on such plan, a statement as to why a vote of the shareholders was not required and a statement of the director vote required to adopt the plan of merger and of the number of directors who voted for the plan. (b) If the proposed name of the surviving or new corporation is not that of any of the merging or consolidating corporations, any one of those corporations shall obtain from the Secretary of State a certificate which states that such name is available in accordance with Section 22-301 regarding the corporate name. Such certificate shall be issued upon application to reserve the use of the proposed corporate name as provided in Section 22-302 and shall be valid for the period provided in Section 22-302, including any extension of such period granted by the Secretary of State. Upon the expiration of such period or any extension thereof the certificate shall become void unless the merger or consolidation shall have become effective within such time. (c) The merging or consolidating corporations shall cause the articles of merger or the articles of consolidation to be presented to a judge of the superior court of the county where the registered office of the surviving corporation

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or new corporation is to be located in like manner as if it were an original articles of incorporation. The judge shall examine the articles of merger or the articles of consolidation and, if they are found to be lawful, shall pass an order declaring the merger or consolidation granted. If paragraph (b) of this section is applicable, the certificate issued by the Secretary of State regarding the proposed name of the surviving or new corporation shall accompany the articles of consolidation. (d) The merging or consolidating corporations shall thereupon cause to be delivered the original articles of merger or articles of consolidation, with the order of the judge thereon, and two conformed copies of such articles and of the order of the judge thereon to the clerk of the superior court of the county where the registered office of surviving corporation or new corporation is to be located, together with a fee of fifteen dollars, and an affidavit signed by the duly authorized agent or publisher of a newspaper which is the official organ of said county (as of the date of the delivery of the documents specified in this paragraph to said clerk) that there has been deposited with said newspaper the cost of publishing therein once a week for four consecutive weeks a notice in substantially the following form: Pursuant to an order of the Honorable(name of judge), Judge of the Superior Court ofCounty, entered in accordance with the applicable provisions of the Georgia Business Corporation Code, a (merger) (consolidation) has been effected by and between(name and state of incorporation of each of the constituent corporations). The name of the (surviving corporation in the merger is) (new corporation resulting from the consolidation is) (set forth the name and state of incorporation of the surviving corporation or new corporation, as the case may be), the registered office of which is located at(address of registered office). (e) Upon compliance with the provisions of paragraph (d) of this section the clerk shall file one copy of the articles

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of merger or articles of consolidation and of the order of the judge thereon, shall note thereon the date of such filing, and shall forthwith furnish to the merging or consolidating corporations the original and one certified copy of such articles, the order of the judge thereon, and the filing of the clerk thereon, and receipt for the costs which have been paid to the clerk. (f) The merging or consolidating corporations shall cause said original and certified copy to be delivered to the Secretary of State, who shall retain the original and shall attach to the certified copy a certificate stating that the articles of merger or articles of consolidation have been granted on the date named in the order of the judge and that the original articles of merger or articles of consolidation have been duly filed in the office of the Secretary of State and the fees paid therefor, as provided by law. Such certificate of merger or consolidation with said certified copy attached thereto shall be issued by the Secretary of State to the surviving or new corporation, as the case may be, or its attorney. 22-1005. Merger of Subsidiary Corporations . (a) Unless otherwise provided in the articles of incorporation of any of the merging corporations, any corporation which owns at least ninety percent of the outstanding shares of each class of any other domestic corporation or corporations may merge with such subsidiary corporation or corporations without approval by a vote of the shareholders of any of the merging corporations if the parent corporation is the surviving corporation and if the plan of merger effects no change in the articles of incorporation of the parent corporation other than a change of its corporate name as permitted by paragraph (b) of this section; and in the event all the shares of a subsidiary corporation party to such merger are not owned by the parent corporation, such plan of merger shall state the manner and basis of converting the shares of the subsidiary corporation not owned by the parent corporation into shares or other securities or obligations of the parent corporation, or the cost or other consideration or combination thereof to be paid or delivered in exchange for such shares of the subsidiary corporation

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not owned by the parent corporation. The plan of merger shall be approved by the board of directors of each merging corporation. In all other respects the merger shall be effected and shall have the same effect as provided in this Code in the case of mergers between domestic corporations. (b) The parent corporation may change its corporate name by the inclusion of a provision to that effect in the plan of merger adopted by the directors of the parent corporation and set forth in the articles of incorporation, and upon the effective date of the merger, the name of the corporation shall be so changed. (c) In the event all the shares of a subsidiary corporation party to a merger effected under this section are not owned by the parent corporation immediately prior to the merger, the parent corporation shall, within ten days after the effective date of the merger, notify each shareholder of the subsidiary corporation that the merger has become effective. The notice shall be sent by registered or certified mail, addressed to each such share holder at his address as it appears on the records of the corporation, and shall contain a clear and concise statement that shareholders dissenting from the merger are entitled, if they comply with the provisions of this paragraph, to be paid the fair value of their shares. A copy of the plan of merger or an outline of the material features of the plan shall accompany the notice. Within twenty days after the date of the mailing of the notice, any shareholder to whom the parent corporation was required to give such notice and who elects to dissent shall file with the corporation a notice of such election as provided in Section 22-1202 (c), and thereupon the parties shall have the rights and duties and shall follow the procedure set forth in paragraphs (d) through (k) inclusive of Section 22-1202. 22-1006. Merger or Consolidation with Domestic Corporations Chartered by Secretary of State . (a) Banking, insurance, railroad, trust, canal, navigation, express and telegraph companies, and other corporations whose charters have been granted by the Secretary of State, may merge or consolidate with corporations that are subject to this

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Code if not prohibited therefrom by the laws of this State under which the first mentioned corporations are organized. (b) Each merging or consolidating corporation shall comply with all the provisions of this Code relating to merger or consolidation, as the case may be, except that if the laws which govern a merging or consolidating corporation chartered by the Secretary of State contain provisions relating to merger or consolidation which conflict with the provisions of this Code, such corporation shall follow the provisions of the laws to which it is subject. (c) If the surviving or new corporation is to be one which is subject to this Code, the time of effectiveness and the effect of the merger or consolidation shall be the same as in the case of the merger or consolidation of corporations subject to this Code. If the surviving or new corporation is to be one which is not subject to this Code, the time of effectiveness and the effect of the merger or consolidation shall be the same as in the case of the merger or consolidation of corporations subject to this Code except insofar as the laws of this State to which the surviving or new corporation shall be subject otherwise provide. 22-1007. Effect of Merger or Consolidation . (a) A merger or consolidation shall become effective at the time of the filing of the articles of merger or articles of consolidation and the order of the judge thereon with the clerk of the superior court, as provided in Section 22-1004, or at such later time and date as the plan of merger or consolidation shall specify, not to exceed sixty days from the date of the entry of said order. (b) When such merger or consolidation has become effective: (1) The several corporations parties to the plan of merger or consolidation shall be a single corporation, which, in the case of a merger, shall be that corporation designated in the plan of merger as the surviving corporation, and, in the cast of a consolidation, shall be the new corporation provided for in the plan of consolidation.

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(2) The separate existence of all corporations parties to the plan of merger or consolidation, except the surviving or new corporation shall cease. (3) Such surviving or new corporation shall have all the rights, privileges, immunities and powers and shall be subject to all the duties and liabilities of a corporation organized under this Code. (4) Such surviving or new corporation shall thereupon and thereafter possess all the rights, privileges, immunities, and franchises, as well of a public as of a private nature, of each of the merging consolidating corporations; and all property, real, personal and mixed, and all debts due on whatever account, including subscriptions to shares, and all other choses in action, and all and every other interest of or belonging to or due to each of the corporations so merged or consolidated, shall be taken and deemed to be transferred to and vested in such a single corporation without further act or deed; and the title to any real estate, or any interest therein, vested in any of such corporations shall not revert or be in any way impaired by reason of such merger or consolidation. (5) Such surviving or new corporation shall thenceforth be responsible and liable for all the liabilities and obligations of each of the corporations so merged or consolidated; and any claim existing or action or proceeding pending by or against any of such corporations may be prosecuted as if such merger or consolidation had not taken place, or such surviving or new corporation may be substituted in its place. Neither the rights of creditors nor any liens upon the property of any such corporation shall be impaired by such merger or consolidation. (6) In the case of a merger, the articles of incorporation of the surviving corporation shall be deemed to be amended to the extent, if any, that changes in its articles of incorporation are stated in the plan of merger; and, in the case of a consolidation, the statements set forth in the articles of consolidation and which are required or permitted to be set forth in the articles of incorporation of corporations

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organized under this Code shall be deemed to be the original articles of incorporation of the new corporation. 22-1008. Merger or Consolidation of Domestic and Foreign Corporations . (a) One or more foreign corporations and one or more domestic corporations may be merged or consolidated into corporation of this State or of another jurisdiction, if such merger or consolidation is permitted by the laws of the jurisdiction under which each such foreign corporation is organized. (b) With respect to procedure, including the requirement of shareholder authorization and all filing and advertising requirements, and with respect to the rights of dissenting shareholders: (1) Each foreign corporation shall comply with the applicable provisions of the laws of the jurisdiction under which it is organized. (2) Each domestic corporation shall: (A) If the surviving or new corporation is to be either a domestic corporation or a foreign corporation with a registered office in this State, comply with the provisions of this Code relating to the merger or consolidation, as the case may be, of domestic corporations. (B) If the surviving or new corporation is to be a foreign corporation without a registered office in this State, present articles of merger or articles of consolidation to the superior court of the county where its registered office is located, and if more than one domestic corporation is merging or consolidating into a foreign corporation such articles shall be presented to the superior court of the county where the registered office of any one of such domestic corporations is located, as agreed by the parties to the merger or consolidation. In all other respects each domestic corporation shall comply with the provisions of this Code relating to the merger or consolidation, as the case may be, of domestic corporations.

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(c) The provisions of Section 22-1005 relating to the merger of subsidiary corporations into their parent shall be available where any subsidiary corporation to be merged or the corporation owning at least ninety percent of the outstanding shares of each class of any subsidiary to be merged is a foreign corporation, and such merger is permitted under substantially the same terms and conditions as in Section 22-1005 by the laws of the jurisdiction under which such foreign corporation is organized. (d) If the surviving or new corporation, as the case may be, is to be governed by the laws of any jurisdiction other than this State, it shall comply with the provisions of this Code with respect to foreign corporations if it is to transact business in this State, and in every case it shall be deemed to have filed with the Secretary of State of this State: (1) An agreement that it may be served with process in this State in any proceeding for the enforcement of any obligation of any domestic corporation which is a party to such merger or consolidation and in any proceeding for the enforcement of the rights of a dissenting shareholder of any such domestic corporation against the surviving or new corporation; (2) An irrevocable appointment of the Secretary of State of this State as its agent to accept service of process in any such proceeding; and (3) An agreement that it will promptly pay to the dissenting shareholders of any such domestic corporation the amount, if any, to which they shall be entitled under the provisions of Section 22-1201 and 22-1202 with respect to the rights of dissenting shareholders. (e) If the surviving or new corporation is to be governed by the laws of this State, the effect of such merger or consolidation shall be the same as in the case of the merger or consolidation of domestic corporations. If the surviving or new corporation is to be governed by the laws of any jurisdiction other than this State, the effect of such merger

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or consolidation shall be the same as in the case of the merger or consolidation of domestic corporations except insofar as the laws of such other jurisdiction provide otherwise. (f) At any time prior to the filing of the articles of merger or consolidation, the merger or consolidation may be abandoned pursuant to provisions therefor, if any, set forth in the plan of merger or consolidation. Chapter 11. Sale and Other Disposition of Corporate Assets 11-1101. Secured Tranactions and Other Dispositions of Corporate Assets Not Requiring Shareholder Approval . (a) Unless the articles of incorporation or by-laws otherwise provide, the board of directors may authorize any of the following transactions without any vote or consent of the shareholders: (1) Any mortgage or pledge of, or creation of a security interest in, or conveyance of title to, all or any part of the property and assets of the corporation of any description, or any interest therein, for the purpose of securing the payment or performance of any contract, note, bond or other obligation of the corporation. (2) Any sale, lease, exchange or other disposition of less than substantially all the property and assets of the corporation. (3) Any sale of all or substantially all the property and assets of the corporation if: (A) The corporation is insolvent and a sale for cash or its equivalent is deemed advisable by the board to meet the liabilities of the corporation, or (B) The corporation was incorporated for the purpose of liquidating such property and assets. (b) Any transaction made as permitted by this section without any vote or consent of the shareholders may be

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upon such terms and conditions and for such consideration as the board may deem to be in the best interests of the corporation. 22-1102. Sale, Lease, Exchange, or Other Disposition of Corporate Assets Requiring Shareholder Approval . A sale, lease, exchange, or other disposition of all, or substantially all, the property and assets, with or without the good will, of a corporation in all cases other than those dealt with in Section 22-1101 regarding secured transactions and other dispositions of corporate assets not requiring shareholder approval, may be made upon such terms and conditions and for such consideration, which may consist in whole or in part of money or property, real or personal, including shares, bonds, or other securities of any other corporation or corporations, domestic or foreign, as shall be authorized in the following manner: (a) The board of directors shall adopt a resolution recommending such sale, lease, exchange, or other disposition, specifying to the extent that the board sees fit any or all of the terms and conditions thereof and the consideration to be received by the corporation therefor, and directing the submission thereof to a vote at a meeting of shareholders, which may be either an annual or a special meeting. (b) Written notice shall be given to each shareholder of record, whether or not entitled to vote at such meeting, not less than twenty days before such meeting, in the manner provided in Section 22-604 for the giving of notice of meetings of shareholders, and, whether the meeting be an annual or a special meeting, shall state that the purpose or one of the purposes is to consider the proposed sale, lease, exchange, or other disposition. The notice shall fairly summarize the material features of the proposed transaction, and shall contain a clear and concise statement that if the sale, lease, exchange, or other disposition is effected, shareholders dissenting therefrom are entitled, if they file a written objection to such transaction before the vote of the shareholders is taken thereon and comply with the further provisions of Section 22-1202 regarding the rights

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of dissenting shareholders, to be paid the fair value of their shares. (c) At such meeting the shareholders may authorize such sale, lease, exchange, or other disposition and may approve or fix, or may authorize the board of directors to fix, any or all of the terms and conditions thereof and the consideration to be received by the corporation therefor. Such authorization shall require the affirmative vote of the holders of a majority of the shares of the corporation entitled to vote thereon, unless any class of shares is entitled to vote thereon as a class, in which event such authorization shall require the affirmative vote of the holders of a majority of the shares of each class of shares entitled to vote thereon as a class and of the total shares entitled to vote thereon. Any class of shares shall be entitled to vote as a class if the resolution proposing the sale, lease, exchange or other disposition contains any provisions which, if contained in a proposed amendment to the articles of incorporation, would entitle such class of shares to vote as a class. (d) After such authorization by a vote of shareholders, the board of directors nevertheless, in its discretion, may abandon such sale, lease, exchange, or other disposition of assets subject to the rights of third parties under any contracts relating thereto, without further action or approval by shareholders. Chapter 12. Dissenting Shareholders 22-1201. Right of Shareholders to Dissent . (a) Any shareholder of a corporation shall have the right to dissent from any of the following actions: (1) Any plan of merger or consolidation to which the corporation is a party; or (2) Any sale, lease, exchange or other disposition of all or substantially all the property and assets of the corporation for which this Code requires shareholder authorization, including a sale in dissolution, but not including a sale

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wholly for cash where the shareholders' approval thereof is conditional upon the distribution of all or substantially all the net proceeds of sale to the shareholders in accordance with their respective interests within one year after the date of sale. (3) Any amendment of the articles of incorporation which would change the corporation into a nonprofit corporation or a cooperative organization. (4) Any amendment of the articles of incorporation which would adversely affect such shareholder by: (A) Altering or abolishing any preemptive rights attaching to any of his shares; (B) Altering or abolishing the voting rights pertaining to any of his shares, except as such rights may be affected by the voting rights of new shares then being authorized of any existing or new class of shares; (C) Effecting an exchange or cancellation of any of his shares, or a reduction or cancellation of accrued dividends or other arrearages in respect of such shares; (D) Reducing the stated redemption price of any of his redeemable shares, altering or abolishing any provision relating to any sinking fund for the redemption or purchase of any of his shares, or making any of his shares subject to redemption when they are not otherwise redeemable; (E) Making noncumulative, in whole or in part, dividends of any of his preferred shares which had theretofore been cumulative; (F) Reducing the stated dividend preference of any of his preferred shares; or (G) Reducing any stated preferential amount payable on any of his preferred shares upon voluntary or involuntary liquidation.

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(b) A shareholder dissenting from any amendment of the character specified in subparagraph (a) (4) of this section shall have the right to dissent only as to those of his shares which are adversely affected by the amendment. (c) A shareholder may not dissent as to less than all the shares, as to which he has a right to dissent, held of record and owned beneficially by him. A nominee or fiduciary may not dissent on behalf of any beneficial owner as to less than all the shares of such owner, as to which the nominee or fiduciary has a right to dissent, held of record by the nominee or fiduciary. (d) The provisions of this section shall not apply: (1) To the shareholders of the surviving corporation in a merger if a vote of the shareholders of such corporation is not necessary to authorize such merger and if the plan of merger is not submitted to such shareholders; or (2) Unless the articles of incorporation shall otherwise provide, to the shares of any class of shares which, at the date fixed to determine the shareholders entitled to receive notice of and to vote at the meeting of shareholders at which the plan of merger or consolidation, or the sale, lease, exchange or other disposition of all or substantially all the property and assets of the corporation, or the amendment of the articles of incorporation, as the case may be, is to be acted on, were registered on a national securities exchange. 22-1202. Rights of Dissenting Shareholders . (a) Any holder of record of either voting or nonvoting shares intending to exercise his right of dissent shall file with the corporation, before the meeting of shareholders at which the proposed corporate action is submitted to a vote, or at such meeting but before the vote, written objection to the action. The objection shall include a statement that he intends to demand payment of the fair value of his shares if the action is taken. Such objection is not required from any shareholder to whom the corporation did not give notice of such meeting as provided in this Code or where the proposed action is authorized by written consent of shareholders without a meeting.

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(b) Within ten days after the shareholders' authorization date, which term as used in this section means the date on which the shareholders' vote authorizing such action was taken, or the date on which such consent without a meeting was obtained from the requisite shareholders, the corporation shall give written notice of such authorization or consent by registered or certified mail to each shareholder who filed written objection or from whom written objection was not required, excepting any who voted for or consented in writing to the proposed action. (c) Within twenty days after the giving of notice to him, any shareholder to whom the corporation was required to give such notice and who elects to dissent shall file with the corporation a notice of such election, stating his name and address, the number, classes and series of shares as to which he dissents and a demand for payment of the fair value of his shares. (d) Upon filing a notice of election to dissent, the shareholder shall cease to have any of the rights of a shareholder except the right to be paid the fair value of his shares and any other rights under this section. A notice of election may be withdrawn in writing by the shareholder at any time before an offer is made by the corporation, as provided in paragraph (f) of this section, to pay for his shares. After such offer, withdrawal of a notice of election shall require the written consent of the corporation. If a notice of election is withdrawn as provided in this paragraph, or the proposed corporate action is abandoned or rescinded, or the shareholders revoke the authority to effect such action, or a court shall determine that the shareholder is not entitled to receive payment for his shares, or the shareholder shall otherwise lose his dissenter's rights, he shall not have the right to receive payment for his shares and he shall be reinstated to all his rights as a shareholder as of the filing of his notice of election, including any intervening preemptive rights and the right to payment of any intervening dividend or other distribution or, if any such rights have expired or any such dividend or distribution other than in cash has been completed, in lieu thereof, at the election of the corporation, the fair value thereof in cash as determined by the board as of

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the time of such expiration or completion, but without prejudice otherwise to any corporate proceedings that may have been taken in the interim. (e) At the time of filing the notice of election to dissent or within thirty days thereafter the shareholder shall submit the certificates representing his shares to the corporation, or to its transfer agent, which shall forthwith note conspicuously thereon that a notice of election has been filed and shall return the certificates to the shareholder or other person who submitted them on his behalf. Any shareholder who fails to submit his certificates for such notation as herein specified shall, at the option of the corporation exercised by written notice to him within forty-five days from the date of filing of such notice of election to dissent, lose his dissenter's rights unless a court, for good cause shown, shall otherwise direct. Upon transfer of a certificate bearing such notation, each new certificate issued therefor shall bear a similar notation together with the name of the original dissenting holder of the shares and a transferee shall acquire no rights in the corporation except those which the original dissenting shareholder had after filing his notice of election. (f) Within seven days after the expiration of the period within which shareholders may file their notices of election to dissent, or within seven days after the proposed corporate action is effected, whichever is later (but in no case later than ninety days from the shareholders' authorization date), the corporation or, in the case of a merger or consolidation, the surviving or new corporation, shall make a written offer by registered or certified mail to each shareholder who has filed such notice of election to pay for his shares at a specified price which the corporation considers to be their fair value as of the close of business on the day prior to the shareholders' authorization date, excluding any appreciation or depreciation directly or indirectly induced by such corporate action or its proposal. If the corporate action has not been consummated upon the expiration of the ninety-day period after the shareholders' authorization date, the offer may be made conditional upon the consummation of such action. Such offer shall be made at the same price per share to all dissenting shareholders of the same class, or if divided

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into series, of the same series, and shall be accompained by the most recently published balance sheet of the corporation whose shares the dissenting shareholder holds as of the latest available date, which shall not be earlier than twelve months before the making of such offer, and a profit and loss statement or statements for not less than a twelvemonth period ended on the date of such balance sheet or, if the corporation was not in existence throughout such twelve-month period, for the portion thereof during which it was in existence. If within thirty days after the making of such offer any shareholder accepts the same, payment for his shares shall be made within sixty days after the making of such offer or the consummation of the proposed action, whichever is later, upon the surrender of the certificates representing such shares. (g) The following procedure shall apply if the corporation fails to make such offer within the period specified therefor in paragraph (f) of this section, or if it makes the offer and any dissenting shareholder or shareholders fail to accept the same within the period of thirty days thereafter: (1) The corporation shall, within twenty days after the expiration of whichever is applicable of the two periods last mentioned, institute a special nonjury proceeding in the superior court for the county in which the registered office of the corporation is located to determine the rights of dissenting shareholder and to fix the fair value of their shares. If, in the case of merger or consolidation, the surviving or new corporation is a foreign corporation without a registered office in this State, such proceeding shall be brought in the county where the registered office of the domestic corporation whose shares are to be valued was located. (2) If the corporation fails to institute such proceeding within such period of twenty days, any dissenting shareholder may institute such proceeding for the same purpose not later than thirty days after the expiration of such twenty-day period. If such proceeding is not instituted within such thirty-day period, all dissenters' rights under this section

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shall be lost unless the superior court, for good cause shown, shall otherwise direct. (3) All dissenting shareholders, except those who, as provided in paragraph (f), have agreed with the corporation upon the price to be paid for their shares, shall be made parties to such proceeding, which shall have the effect of an action quasi in rem against their shares. The corporation shall serve a copy of the petition in such proceeding upon each dissenting shareholder who is a resident of this State in the manner provided by law for the service of a summons and complaint, and upon each nonresident dissenting shareholder either by registered or certified mail and publication, or in such other manner as is permitted by law. The jurisdiction of the court shall be plenary and exclusive. (4) The court shall determine whether each dissenting shareholder, as to whom the corporation requests the court to make such determination, is entitled to receive payment for his shares. If the corporation does not request any such determination or if the court finds that any dissenting shareholder is so entitled, it shall proceed to fix the value of the shares, which, for the purposes of this section, shall be the fair value as of the close of business on the day prior to the shareholders' authorization date, excluding any appreciation or depreciation directly or indirectly induced by such corporate action or its proposal. No provision in the articles of incorporation which fixes an amount that will be paid for any class or series of shares if appraisal rights are enforced shall be determinative of the fair value of such shares, except that in no event shall the judicially determined fair value be less than the amount so fixed by the articles of incorporation. The court may appoint an appraiser to receive evidence and recommend a decision on the question of fair value. Such appraiser shall have the power, authority and duties specified in the order appointing him, or in any order supplemental thereto. (5) The final order in the proceeding shall be entered against the corporation in favor of each dissenting shareholder who is a party to the proceeding and is entitled thereto for the value of his shares so determined.

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(6) The final order shall include an allowance for interest, at such rate as the court finds to be equitable, from the shareholders' authorization date to the date of payment. If the court finds that the refusal of any shareholder to accept the corporate offer of payment for his shares was arbitrary, vaxatious or otherwise not in good faith, no interest shall be allowed to him. (7) The costs and expenses of such proceeding shall be determined by the court and shall be assessed against the corporation, except that all or any part of such costs and expenses may be apportioned and assessed, as the court may determine, against any or all of the dissenting shareholders who are parties to the proceeding if the court finds that their refusal to accept the corporate offer was arbitrary, vexatious or otherwise not in good faith. Such expenses shall include reasonable compensation for and the reasonable expenses of the appraiser, but shall exclude the fees and expenses of counsel for and experts employed by any party unless the court, in its discretion, awards such fees and expenses. In exercising such discretion, the court shall consider any of the following: (A) That the fair value of the shares as determined materially exceeds the amount which the corporation offered to pay; (B) That no offer was made by the corporation, and (C) That the corporation failed to institute the special proceeding within the period specified therefor. (8) Within sixty days after final determination of the proceeding, the corporation shall pay to each dissenting shareholder the amount found to be due him, upon surrender of the certificates representing his shares. (h) Shares acquired by the corporation upon the payment of the agreed value therefor or of the amount due under the final order, as provided in this section, may be held as treasury shares or may be cancelled, or, in the case of a merger or consolidation, may be held and disposed of as the plan of merger of consolidation may otherwise provide. (i) If the corporation is prohibited from paying dissenting shareholders because of the restrictions contained in

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Section 22-513 relating to the right of a corporation to acquire and dispose of its own shares, each dissenting shareholder, shall, at his option: (1) Withdraw his notice of election, which shall in such event be deemed withdrawn with the consent of the corporation; or (2) Retain his status as a claimant against the corporation and, if the corporation is liquidated, be subordinated to the rights of creditors of the corporation, but have rights superior to the nondissenting shareholders, except nondisenting holders of shares having senior or equal preferential rights to the assets of the corporation upon liquidation, and if the corporation is not liquidated, retain his right to be paid for his shares, which right the corporation shall be obliged to satisfy when said restrictions do not apply. (3) The dissenting shareholder shall exercise such option under subparagraph (1) or (2) by written notice filed with the corporation within thirty days after the corporation has given him written notice that payment for his shares cannot be made because of said restrictions. If the dissenting shareholder fails to exercise such option as provided, the corporation shall exercise the option by written notice given to him within twenty days after the expiration of such period of thirty days. (j) The enforcement by a shareholder of his right to receive payment for his shares in the manner provided in this section shall exclude the enforcement by such shareholder of any other right to which he might otherwise be entitled by virtue of share ownership, except as provided in paragraph (d) of this section, and except where the corporation by fraud has induced the shareholder to enforce his dissenter's rights. If a shareholder does not enforce his dissenter's rights pursuant to this section, or if he elects to enforce such rights but for any reason loses them or withdraws his election as permitted in paragraph (d) of this section, nothing in this section shall be construced as barring him from bringing or maintaining an appropriate action to obtain relief on the ground that the corporate action in question will be or is unlawful or fraudulent as to him.

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(k) Except as otherwise expressly provided in this section, any notice to be given by a corporation to a shareholder under this section shall be given in the manner provided in Section 22-604 for notice of meetings of shareholders. Chapter 13. Dissolution of Corporations 22-1301. Voluntary Dissolution by Incorporators or Directors. (a) At any time after the date of the issuance by the Secretary of State of its certificate of incorporation, a corporation which has not commenced business and which has not issued any shares may be voluntarily dissolved in the manner provided in this section (1) Before the organization meeting of the directors named in the articles of incorporation, by the incorporator or, if there be more than one incorporator, than by two-thirds of the incorporators, and (2) At or after the organization meeting of said directors, by the director or, if there be more than one director, then by two-thirds of the directors. (b) Articles of dissolution shall be executed by the incorporator or two-thirds of the incorporators or by the director or two-thirds of the directors, as the case may be, and shall set forth: (1) The name of the corporation. (2) The date of issuance of its certificate of incorporation. (3) That none of its shares has been issued. (4) That the corporation has not commenced business. (5) That the amount, if any, actually paid in on subscriptions for its shares, less any part thereof disbursed for necessary expenses, has been returned to those entitled thereto. (6) That no debts of the corporation remain unpaid. (7) That the incorporator or two-thirds of the incorporators or the director or two-thirds of the directors, as the case may be, elect that the corporation be dissolved.

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(c) The articles of dissolution shall be filed and shall become effective as provided in Section 22-1313. 22-1302. Voluntary Dissolution by Directors in Certain Cases after Commencing Business and Issuing Shares. (a) A corporation which has commenced business and issued shares may be voluntarily dissolved in the manner provided in this section by the director or, if there be more than one director, then by two-thirds of the directors, in any of the following cases: (1) When the corporation has been adjudicated to be bankrupt; or (2) When the corporation has made a general assignment for the benefit of creditors; or (3) By leave of court, when a receiver has been appointed in any suit in which the affairs of the corporation are to be wound up. (b) Articles of dissolution shall be executed by the director or by two-thirds of the directors, as the case may be, and shall set forth: (1) The name of the corporation. (2) A statement of facts showing that voluntary dissolution of the corporation by the director or directors is authorized by paragraph (a) of this section. (3) The names and respective addresses of the officers of the corporation. (4) The names and respective addresses of its directors. (5) That the director or two-thirds of the directors, as the case may be, elect that the corporation be dissolved. (c) The articles of dissolution shall be filed and shall become effective as provided in Section 22-1313.

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(d) At any time prior to the filing of the articles of dissolution with the clerk of the superior court as provided in Section 22-1313 (c), voluntary dissolution proceedings under this section may be revoked by the director or by two-thirds of the directors, as the case may be, without any approval by the shareholders of the corporation. 22-1303. Voluntary Dissolution by Consent of Shareholders. (a) A corporation may be voluntarily dissolved by the written consent of all its shareholders, whether or not entitled to vote. (b) Upon the execution of such written consent, a statement of intent to dissolve shall be executed by the corporation as provided in Section 22-104, which statement shall set forth: (1) The name of the corporation. (2) The names and respective addresses of its officers. (3) The names and respective addresses of its directors. (4) A copy of the written consent of its shareholders. (5) A statement that such written consent has been signed by all shareholders of the corporation or signed in their names by their attorneys thereunto duly authorized. 22-1304. Voluntary Dissolution by Act of Corporation. A corporation may be dissolved by the act of the corporation, when authorized in the following manner: (a) The board of directors shall adopt a resolution recommending that the corporation be dissolved, and directing that the question of such dissolution be submitted to a vote a meeting of shareholders, which may be either an annual or a special meeting. (b) Written notice shall be given to each shareholder of record entitled to vote at such meeting within the time and in the manner provided in Section 22-604 for the giving of

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notice of meetings of shareholders, and, whether the meeting be an annual or special meeting, shall state that the purpose, or one of the purposes, of such meeting is to consider the advisability of dissolving the corporation. (c) At such meeting a vote of shareholders entitled to vote thereat shall be taken on a resolution to dissolve the corporation. The resolution may fix the time within the statement of intent to dissolve, required by this Code, shall be delivered to the Secretary of State for filing and also may authorize the board to abandon dissolution proceedings and to file a statement of revocation of voluntary dissolution proceedings without further shareholder action. Such resolution shall be adopted upon receiving the affirmative vote of the holders of a majority of the shares of the corporation entitled to vote thereon, unless any class of shares is entitled to vote thereon as a class, in which event the resolution shall be adopted upon receiving the affirmative vote of the holders of a majority of the shares of each class of shares entitled to vote thereon as a class and of the total shares entitled to vote thereon. (d) Upon the adoption of such resolution, a statement of intent to dissolve shall be executed by the corporation as provided in Section 22-104, which statement shall set forth: (1) The name of the corporation. (2) The names and respective addresses of its officers. (3) The names and respective addresses of its directors. (4) A copy of the resolution adopted by the shareholders authorizing the dissolution of the corporation. (5) The shareholder vote required to adopt the resolution to dissolve the corporation, the number of shares outstanding and entitled to vote, the vote for the resolution, and, if the shares of any class are entitled to vote as a class, the designation and number of outstanding shares of each such class, and the vote of each such class for the resolution. 22-1305. Filing of Statement of Intent to Dissolve. The statement of intent to dissolve, whether by written consent

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of all shareholders or by act of the corporation, shall be delivered to the Secretary of State for filing as provided in Section 22-105. 22-1306. Effect of Statement of Intent to Dissolve. Upon the filing by the Secretary of State of a statement of intent to dissolve, whether by written consent of all shareholders or by act of the corporation, the corporation shall cease to carry on its business, except insofar as may be necessary or appropriate for the winding up thereof, but its corporate existence shall continue until an order dissolving the corporation has been filed with the clerk of the superior court as provided in Section 22-1313 (c). 22-1307. Procedure After Filing of Statement of Intent to Dissolve. After the filing by the Secretary of State of a statement of intent to dissolve: (a) The corporation shall immediately cause notice thereof to be published once a week for four consecutive weeks in a newspaper which is the official organ of the county where the registered office of the corporation is situated. The following form of notice shall be sufficient: A Statement of Intent to Dissolve(name of corporation), a Georgia corporation with registered office at(address of registered office), has been delivered to the Secretary of State by said corporation and filed by him on, 19(month, day and year) in accordance with the applicable provisions of the Georgia Business Corporation Code. (b) The corporation shall proceed to collect its assets, convey and dispose of such of its properties as are not to be distributed in kind to its shareholders, pay, satisfy and discharge its liabilities and obligations and so all other acts required to liquidate its business and affairs, and, after paying or adequately providing for the payment of all its obligations, distribute the remainder of its assets, either in cash or in kind, among its shareholders according to their respective rights and interests.

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(c) The corporation, at any time during the liquidation of its business and affairs, may make application to the superior court of the county where the registered office of the corporation is situated, to have the liquidation continued under the supervision of the court as provided in Section 22-1317. 22-1308. Revocation of Voluntary Dissolution Proceedings by Consent of Shareholders. By the written consent of all its shareholders, a corporation may, at any time prior to the filing of an order dissolving the corporation with the clerk of the superior court as provided in Section 22-1313 (c), revoke voluntary dissolution proceedings theretofore taken, in the following manner: (a) Upon the execution of such written consent, a statement of revocation of voluntary dissolution proceedings shall be executed by the corporation as provided in Section 22-104, which statement shall set forth: (1) The name of the corporation. (2) The names and respective addresses of its officers. (3) The names and respective addresses of its directors. (4) A copy of the written consent of its shareholders revoking such voluntary dissolution proceedings. (5) That such written consent has been signed by all shareholders of the corporation or signed in their names by their attorneys thereunto duly authorized. 22-1309. Revocation of Voluntary Dissolution Proceedings by Act of Corporation. By the act of the corporation, a corporation may, at any time prior to the filing of an order dissolving the corporation with the clerk of the superior court as provided in Section 22-1313 (c), revoke voluntary dissolution proceedings theretofore taken, in the following manner: (a) The board of directors shall adopt a resolution recommending that the voluntary dissolution proceedings be

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revoked, and directing that the question of such revocation be submitted to a vote at a special meeting of shareholders. (b) Written notice, stating that the purpose or one of the purposes of such meeting is to consider the advisability of revoking the voluntary dissolution proceedings, shall be given to each shareholder of record entitled to vote at such meeting within the time and in the manner provided in Section 22-604 for the giving of notice of special meetings of shareholders. (c) At such meeting a vote of the shareholders entitled to vote thereat shall be taken on a resolution to revoke voluntary dissolution proceedings, which shall require for its adoption the affirmative vote of the holders of a majority of the shares entitled to vote thereon, unless any class of shares is entitled to vote thereon as a class, in which event the resolution shall be adopted upon receiving the affirmative vote of the holders of a majority of the shares of each class of shares entitled to vote thereon as a class and of the total shares entitled to vote thereon. (d) Upon the adoption of such resolution, a statement of revocation of voluntary dissolution proceedings shall be executed by the corporation as provided in this Code, which statement shall set forth: (1) The name of the corporation. (2) The names and respective addresses of its officers. (3) The names and respective addresses of its directors. (4) A copy of the resolution adopted by the shareholders revoking the voluntary dissolution proceedings. (5) The shareholder vote required to adopt the resolution to revoke voluntary dissolution proceedings, the number of shares outstanding and entitled to vote, the vote for the resolution, and, if the shares of any class are entitled to vote as a class, the designation and number of outstanding shares of each such class, and the vote of each such class for the resolution.

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(e) If the board has been authorized, in the original resolution to dissolve the corporation adopted by the shareholders, to abandon dissolution proceedings and to file a statement of revocation of voluntary dissolution proceedings without further shareholder action, then said statement shall be executed by the corporation as provided in Section 22-104 upon the adoption by the board of a resolution recommending that the voluntary dissolution proceedings be revoked. In such case said statement shall set forth a copy of said resolution adopted by the board and shall briefly state why action by the shareholders was not required, but said statement need not be responsive to subparagraphs (d) (4) and (d) (5) of this section. 22-1310. Filing of Statement of Revocation of Voluntary Dissolution Proceedings. The statement of revocation of voluntary dissolution proceedings, whether by written consent of all shareholders or by act of the corporation, shall be delivered to the Secretary of State for filing as provided in Section 22-105. 22-1311. Effect of Statement of Revocation of Voluntary Dissolution Proceedings. Upon the filing by the Secretary of State of a statement of revocation of voluntary dissolution proceedings, whether by written consent of all shareholders or by act of the corporation, the revocation of the voluntary dissolution proceedings shall become effective and the corporation may again carry on its business. 22-1312. Articles of Dissolution. If vountary dissolution proceedings under Section 22-1303 or Section 22-1304 have not been revoked, then when all debts, liabilities and obligations of the corporation have been paid and discharged, or adequate provision has been made therefor, and all of the remaining property and assets of the corporation have been distributed to its shareholders, or adequate provision has been made therefor, articles of dissolution shall be executed by the corporation as provided in Section 22-104, which articles shall set forth: (a) The name of the corporation.

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(b) That the Secretary of State has theretofore filed a statement of intent to dissolve the corporation, and the date on which such statement was filed. (c) That all debts, obligations and liabilities of the corporation have been paid and discharged or that adequate provision has been made therefor. (d) That all remaining property and assets of the corporation have been distributed among its shareholders in accordance with their respective rights and interest, or that adequate provision has been made therefor, or that such property and assets have been deposited with the State Treasurer as provided in Section 22-1324. (e) That there are no suits pending against the corporation in any court, or that adequate provision has been made for the satisfaction of any judgment, order or decree which may be entered against it in any pending suit. 22-1313. Filing of Articles of Dissolution. (a) The corporation shall cause to be presented its articles of dissolution, accompanied by a notice from the State Revenue Commissioner to the effect that the corporation has met the requirements with respect to reports and taxes established by the revenue laws of this State, to a judge of the superior court for the county where the registered office of the corporation is situated in like manner as if it were an original articles of incorporation. The judge shall examine the same and, if found to be lawful, shall enter an order declaring the articles of dissolution granted. (b) The corporation shall thereupon cause to be delivered the original articles of dissolution and notice from the State Revenue Commissioner which accompanies it, with the order of the judge thereon, and two conformed copies of such articles, notice and order of the judge to the clerk of the superior court, together with a fee of fifteen dollars. (c) Upon compliance with the provisions of paragraph (b) of this section the clerk shall file one copy of the articles of dissolution, the notice of the State Revenue Commissioner

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which accompanies it, and the order of the judge thereon, shall note on said articles the date of such filing, and shall forthwith furnish to the corporation the original and one certified copy of the articles of dissolution, said notice which accompanies it, the order of the judge thereon, and the filing of the clerk thereon, and receipt for the costs which have been paid to the clerk. (d) The corporation shall cause said original and certified copy to be delivered to the Secretary of State who shall retain the original and shall attach to the certified copy a certificate stating that the articles of dissolution have been granted on the date named in the order of the judge and that the original articles of dissolution have been duly filed in the office of Secretary of State and the fees paid therefor, as provided by law. The Secretary of State shall issue the certificate with the certified copy of the articles of dissolution attached thereto to the corporation or its attorney. (e) Upon the filing of the order of the judge of the superior court in accordance with paragraph (c) of this section, the existence of the corporation shall cease, except for the purpose of suits, other proceedings and appropriate corporate action by shareholders, directors and officers as provided in Sectin 22-1325. 22-1314. Involuntary Dissolution. A corporation may be dissolved involuntarily by a decree of the superior court in an action filed in the name of the State by the Attorney General, upon certification by the State Revenue Commissioner or Secretary of State as provided in Section 22-1315, when it is established that: (a) The corporation has failed to file its annual report to the Secretary of State within the time required by Section 22-1502, or has failed to file its annual license or occupation tax return on or before the day such return becomes due; or (b) The corporation procured its articles of incorporation through fraud; or

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(c) The corporation has continued, after written notice by the Attorney General to the corporation at its registered office or, if it has no registered office, at its last known address as shown by the records of the Secretary of State, given at least twenty days prior to the filling of the action by the Attorney General, to violate this Code in a manner likely to injure the public or the corporation's shareholders, creditors, or debtors, except that the Attorney General shall not file such action so long as the corporation is contesting in good faith, in any appropriate judicial or administrative proceeding, the alleged violation or violations of this Code upon which the certification to the Attorney General is based; or (d) The corporation has failed for thirty days to appoint and maintain a registered agent in this State; or (e) The corporation has failed for thirty days after change of its registered office or registered agent to file in the office of the Secretary of State a statement of such change. 22-1315. Notification to Attorney General . (a) The Secretary of State, on or before the last day of December of each year, shall certify to the Attorney General the names of all corporations which have failed to file their annual reports in accordance with the provisions of Section 22-1501 and 22-1502, together with the facts pertinent thereto, and the State Revenue Commissioner likewise shall certify the names of all corporations which have failed to file their annual license or occupation tax returns. The Secretary of State shall also certify, from time to time, the names of all corporations which have given other cause for dissolution as provided in this Code, together with the facts pertinent thereto. Whenever the Secretary of State or the State Revenue Commissioner shall certify the name of a corporation to the Attorney General as having given cause for dissolution, the Secretary of State or the State Revenue Commissioner, as the case may be, shall concurrently mail to the corporation at its registered office or, if there is no registered office, at its last known address as shown by the records of the Secretary of State, a notice that such certification

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has been made, together with a statement of the facts pertinent thereto. (b) Upon the expiration of sixty days after the receipt of such certification, the Attorney General, unless he finds the certification to be in error, shall file an action in the name of the State against such corporation for its dissolution. Every such certificate from the Secretary of State or the State Revenue Commissioner to the Attorney General pertaining to the failure of a corporation to file an annual report in accordance with the provisions of Sections 22-1501 and 22-1502 or file a license or occupation tax return shall be taken and received in all courts as prima facie evidence of the facts therein stated. (c) If, before action is filed, the corporation shall file its annual report or file its license or occupation tax return, or shall appoint or maintain a registered agent as provided in Section 22-401, or shall file with the Secretary of State the required statement of change of registered office or registered agent, such fact shall be forthwith certified by the Secretary of State or the State Revenue Commissioner, as the case may be, to the Attorney General and he shall not file an action against such corporation for such cause. If, after action is filed, the corporation shall file its annual report or files its license or occupation tax return, or shall appoint or maintain a registered agent as provided in Section 22-401, or shall file with the Secretary of State the required statement of change of registered office or registered agent, and shall pay the costs of such action, the action for such cause shall abate. 22-1316. Venue and Service of Process in Action by Attorney General . Every action for the involuntary dissolution of a corporation shall be commenced in the name of the State by the Attorney General in the superior court of the county in which the last known registered office or principal office of the corporation, as shown by the records of the Secretary of State, is situated. Process shall issue and be served as in other civil actions. 22-1317. Jurisdiction of Court to Liquidate Assets and Business of Corporation. (a) The superior courts shall have

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full power to liquidate the assets and business of a corporation: (1) In an action by a shareholder when it is established: (A) That the directors are deadlocked in the management of the corporate affairs and the shareholders are unable to break the deadlock, that irreparable injury to the corporation is being suffered or is threatened by reason thereof, and that it is impracticable for the court to appoint a provisional director as provided in Section 22-703 or to continue one in office; or (B) That the acts of the directors or those in control of the corporation are illegal or fraudulent; or (C) That the shareholders are deadlocked in voting power, and have failed, for a period which includes at least two consecutive annual meeting dates, to elect successors to directors whose terms have expired or would have expired upon the election of their successors; or (D) That the corporate assets are being misapplied or wasted. (2) In an action by a creditor: (A) When the claim of the creditor has been reduced to judgment and an execution thereon returned unsatisfied and it is established that the corporation is insolvent; or (B) When the corporation has admitted in writing that the claim of the creditor is due and owing and it is established that the corporation is insolvent. (3) Upon application by a corporation which has filed a statement of intent to dissolve, as provided in Section 22-1305, to have its liquidation continued under the supervision of the court. (4) When an action has been filed by the Attorney General to dissolve a corporation and it is established that

Page 703

liquidation of its business and affairs should precede the entry of a decree of dissolution. (b) Proceedings under subparagraphs (a) (1), (a) (2) or (a) (3) of this section shall be brought in the county in which the registered office of the corporation is situated. (c) It shall not be necessary to make directors or shareholders parties to any such action or proceeding unless relief is sought against them personally. 22-1318. Procedure in Liquidation of Corporation by Court. (a) In proceedings to liquidate the assets and business of a corporation the court shall have power to issue injunctions, to appoint a receiver or receivers pendente lite, with such powers and duties as the court, from time to time, may direct, and to take such other proceedings as may be requisite to preserve the corporate assets wherever situated and carry on the business of the corporation until a full hearing can be had. (b) After a hearing had upon such notice as the court may direct to be given to all parties to the proceedings and to any other parties in interest designated by the court, the court may appoint a liquidating receiver or receivers with authority to collect the assets of the corporation, including all amounts owing to the corporation by shareholders on account of any unpaid portion of the consideration for the issuance of shares. Such liquidating receiver or receivers shall have authority, subject to the order of the court, to sell, convey and dispose of all or any part of the assets of the corporation wherever situated, either at public or private sale. The assets of the corporation or the proceeds resulting from a sale, conveyance or other disposition thereof shall be applied to the expenses of such liquidation and to the payment of the liabilities and obligations of the corporation, and any remaining assets or proceeds shall be distributed among its shareholders according to their respective rights and interests. The order appointing such liquidating receiver or receivers shall state their powers and duties. Such powers and duties may be increased or diminished at any time during the proceedings.

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(c) The court shall have power to allow from time to time as expenses of the liquidation compensation to the receiver or receivers and to attorneys in the proceeding, and to direct the payment thereof out of the assets of the corporation or the proceeds of any sale or disposition of such assets. (d) A receiver of a corporation appointed under the provisions of this section shall have authority to sue and defend in all courts in his own name as receiver of such corporation. The court appointing such receiver shall have exclusive, jurisdiction of the corporation and its property, wherever situated. 22-1319. Qualifications of Receivers . A receiver shall in all cases be a citizen of the United States or a corporation authorized to act as receiver, which corporation may be a domestic corporation or a foreign corporation authorized to transact business in this State, and shall in all cases give such bond as the court may direct with such sureties as the court may require. 22-1320. Filing of Claims in Liquidation Proceedings . In proceedings to liquidate the assets and business of a corporation the court may require all creditors of the corporation to file with the clerk of the court or with the receiver, in such form as the court may prescribe, proofs under oath of their respective claims. If the court requires the filing of claims it shall fix a date, which shall be not less than four months from the date of the order, as the last day for the filing of claims, and shall prescribe the notice that shall be given to creditors and claimants of the date so fixed. Prior to the date so fixed, the court may extend the time for the filing of claims. Creditors and claimants failing to file proofs of claim on or before the date so fixed may be barred, by order of court, from participating in the distribution of the assets of the corporation. 22-1321. Discontinuance of Liquidation Proceedings . The liquidation of the assets and business of a corporation may be discontinued at any time during the liquidation proceedings when it is established that cause for liquidation no

Page 705

longer exists. In such event the court shall dismiss the proceedings and direct the receiver to redeliver to the corporation all its remaining property and assets. 22-1322. Decree of Involuntary Dissolution . In proceedings to liquidate the assets and business of a corporation, when the costs and expenses of such proceedings and all debts, obligations and liabilities of the corporation shall have been paid and discharged, or adequate provision has been made therefor, and all of its remaining property and assets distributed to its shareholders, or adequate provision has been made therefor, or such property and assets have been deposited with the State Treasurer as provided in Section 22-1324, or in case its property and assets are not sufficient to satisfy and discharge such costs, expenses, debts and obligations, all the property and assets have been applied so far as they will go to their payment, the court shall enter a decree dissolving the corporation, and upon the filing of such decree with the clerk of the court the existence of the corporation shall cease. 22-1323. Filing of Decree of Involuntary Dissolution . (a) In case the court shall enter a decree dissolving a corporation, it shall be the duty of the clerk of the court to cause a certified copy of the decree to be filed with the Secretary of State. No fee shall be charged by the Secretary of State for the filing of said certified copy, or for giving the notice required by paragraph (b) of this section. (b) The Secretary of State shall give notice of the decree dissolving the corporation and of the date of its entry to: (1) The clerk of the superior court of the county where the corporation's last known registered office or principal office, as shown by the records of the Secretary of State, is situated, if such decree has been entered by the superior court of another county; and (2) The clerk of the superior court of the county where the corporation's articles of incorporation were granted, if such decree has been entered by the superior court of another county.

Page 706

No fee shall be charged by said clerks for receiving and filing the notice required by this paragraph (b). 22-1324. Deposit with State Treasurer of Amount Due Certain Creditors or Shareholders . In the absence of a plan of liquidation containing a provision to the contrary, upon the voluntary or involuntary dissolution of a corporation the portion of the assets distributable to a creditor or shareholder who is unknown or cannot be found, or who is under disability and there is no person legally competent to receive such distributive portion, shall be reduced to cash and deposited with the State Treasurer and shall be paid over to such creditor or shareholder or to his legal representative upon proof satisfactory to the State Treasurer of his right thereto. After the State Treasurer has held the unclaimed cash for six months, he shall pay such cash to the Board of Regents of the University System of Georgia, to be held without liability for profit or interest until a claim for such cash shall be filed with the State Treasurer by the parties entitled thereto. No such claim shall be made more than six years after such cash is deposited with the State Treasurer. 22-1325. Survival of Remedy After Dissolution . The dissolution of a corporation in any manner, except by a decree of court when the court has supervised the liquidation of the assets and business of the corporation as provided in this Code, shall not take away or impair any remedy available to or against such corporation, its directors, officers, or shareholders, for any right or claim existing, or any liability incurred, prior to such dissolution if action or other proceeding thereon is pending on the date of such dissolution or is commenced within two years after the date of such dissolution. Any such action or proceeding by or against the corporation may be prosecuted or defended by the corporation in its corporate name. The shareholders, directors and officers shall have power to take such corporate or other action as shall be appropriate to protect such remedy, right or claim. 22-1326. Revivor After Dissolution by Expiration of Period of Duration . A corporation that has been dissolved

Page 707

by the expiration of its period of duration, but which has continued in business in ignorance of such expiration, may revive its corporate existence by amending its article of incorporation at any time during a period of ten years immediately following the expiration date fixed by the articles of incorporation so as to extend its period of duration. As of the effective date of the amendment, the corporate existence shall be deemed to have continued without interruption from said expiration date. If during the period between expiration and revivor the name of the corporation has been assumed, reserved or registered by any other person or corporation, the revived corporation shall not engage in business until it has amended its articles of incorporation to change its name. Chapter 14. Foreign Corporations 22-1401. Admission of Foreign Corporation . (a) No foreign corporation shall have the right to transact business in this State until it shall have procured a certificate of authority so to do from the Secretary of State, except that when another statue of this State requires foreign corporations of a particular class to qualify thereunder to transact business in this State the requirements of such other statute shall govern. No foreign corporation shall be entitled to procure a certificate of authority under this Code to transact in this State any business which a corporation organized under this Code is not permitted to transact. A foreign corporation shall not be denied a certificate of authority by reason of the fact that the laws of the state or country under which such corporation is organized governing its organization and internal affairs differ from the laws of this State, and nothing in this Code contained shall be construed to authorize this State to regulate the organization or the internal affairs of such corporation. (b) Without excluding other activities which may not constitute transacting business in this State, a foreign corporation shall not be considered to be transacting business in this State, for the purposes of qualification under this Code, solely by reason of carrying on in this State any one or more of the following activities:

Page 708

(1) Maintaining or defending any action or suit or any administrative or arbitration proceeding, or effecting the settlement thereof or the settlement of claims or disputes. (2) Holding meetings of its directors or shareholders or carrying on other activities concerning its internal affairs. (3) Maintaining bank accounts, or share accounts in savings and loan associations, custodian or agency arrangements with a bank or trust company, or stock or bond brokerage accounts. (4) Maintaining offices or agencies for the transfer, exchange and registration of its securities, or appointing and maintaining trustees or depositaries with relation to its securities. (5) Effecting sales through independent contractors. (6) Soliciting or procuring orders, whether by mail or through employees or agents or otherwise, where such orders require acceptance without this State before becoming binding contracts, and where such contracts do not involve any local performance other than delivery and installation. (7) Making loans or creating or acquiring evidences of debt, mortgages or liens on real or personal property, or recording same. (8) Securing or collecting debts or enforcing any rights in property securing the same. (9) Effecting transactions in interstate or foreign commerce. (10) Owning and controlling a subsidiary corporation incorporated in or transacting business within this State. (11) Conducting an isolated transaction not in the course of a number of repeated transactions of like nature. (12) Serving as trustee, executor, administrator or guardian, or in like fiduciary capacity, where permitted so to serve by the laws of this State.

Page 709

(c) The provisions of this section shall not be deemed to establish a standard for activities which may subject a foreign corporation to taxation or to service of process under any of the laws of this State. 22-1402. Powers of Foreign Corporation. A foreign corporation which shall have received a certificate of authority under this Code shall, until a certificate of revocation or of withdrawal shall have been issued as provided in this Code, enjoy the same, but no greater, rights and privileges as a domestic corporation organized for the purposes set forth in the application pursuant to which such certificate of authority is issued; and, except as in this Code otherwise provided, shall be subject to the same duties, restrictions, penalties and liabilities now or hereafter imposed upon a domestic corporation of like character. 22-1403. Corporate Name of Foreign Corporation. (a) No certificate of authority shall be issued to a foreign corporation unless the corporate name shall be written in Roman or cursive letters or Arabic or Roman numbers and: (1) Shall contain the word corporation, company, incorporated or limited, or shall contain an abbreviation of one of such words. (2) Shall not contain any word or phrase which indicates or implies: (A) That the corporation is organized for any purpose other than one or more of the purposes permitted by its articles of incorporation. (B) That the corporation is organized by, affiliated with, or sponsored by, any fraternal, veterans', service, religious, charitable, or professional organization, unless that fact is certified in writing in manner satisfactory to the Secretary of State by the organization with which affiliation or sponsorship is claimed. (3) Shall not be the same as or confusingly similar to: (A) The name of any corporation, whether for profit or not for profit, existing under the laws of this State.

Page 710

(B) The name of any foreign corporation, whether for profit or not for profit, authorized to transact business in this State. (C) A name the exclusive right to which is, at the time, reserved in the manner provided in Section 22-302 or in the Georgia Nonprofit Corporation Code. (D) The name of a corporation which has in effect a registration of its corporate name as provided in Section 22-303 or a renewal thereof as provided in Section 22-304. (E) Any name prohibited by any other law of this State. (b) Whenever a foreign corporation is unable to obtain a certificate of authority to transact business in this State because its corporate name does not comply with the provision of subparagraphs (a) (3) (A) through (a) (3) (D) of this section, it may nonetheless apply for authority to transact business in this State by adding to its corporate name in such application a word, abbreviation or other distinctive and distinguishing element, such as, for example, the name of the state of its incorporation in parentheses. If in the judgment of the Secretary of State the corporate name with such addition would comply with the provisions of subparagraph (a) (3) (A) through (a) (3) (D) of this section, said subparagraphs shall not be a bar to the issuance to such corporation of a certificate of authority to transact business in this State. In such case, any such certificate issued to such foreign corporation shall be issued in its corporate name with such additions and the corporation shall use such corporate name with such additions in all its dealings with the Secretary of State and in the conduct of its affairs in this State. (e) Nothing in this section shall: (1) Prevent the use of the name of any corporation, whether domestic or foreign, by another corporation where the first corporation has consented to such use and the name of the second corporation contains other words or characters which distinguish it from the name of the first corporation.

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(2) Require any corporation qualified or domesticated on the effective date of this Code to add to, modify or otherwise change its corporate name in order to maintain its qualified or domesticated status. (3) Abrogate or limit the law as to unfair competition or unfair trade practice; nor derogate from the common law, or principles of equity, or the statutes of this State or of the United States with respect to the right to acquire and protect trade names and trademarks. 22-1404. Change of Name by Foreign Corporation. Whenever a foreign corporation which is authorized to transact business in this State shall change its name, such corporation shall, within thirty days after such change becomes effective, file an application for an amended certificate of authority in accordance with Section 22-1413. If the corporation fails to file said application, or if the name to which it has changed would be unavailable to the corporation on an original application for a certificate of authority, the certificate of authority of such corporation shall be suspended and it shall not thereafter transact any business in this State until it has filed said application or has changed its name to a name which is available to it under the laws of this State. 22-1405. Application for Certificate of Authority. (a) A foreign corporation, in order to procure a certificate of authority to transact business in this State, shall make application therefor to the Secretary of State, which application shall set forth: (1) The name of the corporation and the juridiction under the laws of which it is incorporated. (2) If the name of the corporation does not comply with Section 22-1403 relating to the corporate name, then the name of the corporation with the word or abbreviation or other distinctive and distinguishing element which it elects to add thereto for use in this State. (3) The date of incorporation and the period of duration of the corporation.

Page 712

(4) The address of the principal office of the corporation in the jurisdiction under the laws of which it is incorporated. (5) The address of the proposed registered office of the corporation in this State, and the name of its proposed registered agent or agents in this State at such address. (6) A brief statement of the purpose or purposes of the corporation which it proposes to pursue in the transaction of business in this State. (7) The names and respective addresses of the four principal officers of the corporation. (8) A statement of the aggregate number of shares which the corporation has authority to issue, itemized by classes, par value of shares, shares without par value, and series, if any, within a class. (9) A statement of the aggregate number of issued shares itemized by classes, par value of shares, shares without par value, and series, if any, within a class. (10) A statement, expressed in dollars, of the amount of stated capital of the corporation, as defined in Section 22-102 (1). (11) Such additional information as may be necessary or appropriate in order to enable the Secretary of State to determine whether such corporation is entitled to a certificate of authority to transact business in this State. (b) Such application shall be made on forms prescribed and furnished by the Secretary of State and shall be executed by the corporation by its president or a vice president or by its secretary or an assistant secretary. 22-1406. Filing of Application for Certificate of Authority. (a) The application of the corporation for a certificate of authority shall be delivered to the Secretary of State for filing as provided in Section 22-105, together with a copy

Page 713

of its articles of incorporation and all amendments thereto or in lieu thereof, if provided for by its jurisdiction of incorporation, a copy of its latest restated, composite or consolidated articles of incorporation and all amendments subsequent thereto, duly authenticated by the proper officer of its jurisdiction of incorporation, together with a translation into English verified by the translator if the original is written in a foreign language. (b) Upon filing said application, the Secretary of State shall issue and deliver to the corporation or its representative a certificate of authority to transact business in this State. 22-1407. Effect of Certificate of Authority. Upon the issuance of a certificate of authority by the Secretary of State, the corporation shall be authorized to transact business in this State for those purposes set forth in its application. Such authority shall continue so long as the corporation retains its authority to do such business in its jurisdiction of incorporation, and so long as its authority to do business in this State has not been suspended, revoked or surrendered as provided in this Code. 22-1408. Registered Office and Registered Agents of Foreign Corporations. (a) Each foreign corporation authorized to transact business in this State shall have and continuously maintain in this State: (1) A registered office which may be, but need not be, the same as its place of business in this State; and (2) A registered agent or agents, which agent or agents may be an individual or individuals resident in this State whose business office is identical with such registered office. (b) The Secretary of State shall maintain current records, alphabetically arranged by corporate name, of the address of each corporation's registered office, and of the name and address of each corporation's registered agent or agents.

Page 714

22-1409. Change of Registered Office or Registered Agent of Foreign Corporation. (a) A foreign corporation authorized to transact business in this State may change its registered office or change its registered agent, or both, upon filing in the office of the Secretary of State a statement setting forth: (1) The name of the corporation. (2) The address of its then registered office. (3) If the address of its registered office is to be changed, the new address of the registered office. (4) The name or names of its then registered agent or agents. (5) If its registered agent or agents are to be changed, the name or names of its successor registered agent or agents. (6) That the address of its registered office and the address of the business office of its registered agent or agents, as changed, will be identical. (b) Such statement shall be executed by an officer of the corporation and delivered to the Secretary of State. If the Secretary of State finds that such statement conforms to the provisions of this Code, he shall file such statement in his office, and upon such filing the change of address of the registered office or the change of the registered agent or agents, or both, as the case may be, shall become effective. (c) Any registered agent of a foreign corporation may resign as such agent upon filing a written notice thereof with the Secretary of State. The appointment of such agent shall terminate upon the expiration of thirty days after receipt of such notice by the Secretary of State. There shall be attached to such notice an affidavit of such agent that at least ten days prior to the date of filing such notice a written notice of the agent's intention to resign was mailed

Page 715

or delivered to a representative or agent of the corporation for which such agent was acting other than the resigning registered agent. (d) A registered agent may change his business address and the address of the registered office of any corporation of which he is registered agent to another place within the same county by filing a statement as required in paragraph (a) of this section except that it need be signed only by the registered agent and need not be responsive to subparagraph (a) (5) of this section and must recite that a copy of the statement has been mailed or delivered to a representative or agent of each such corporation other than the notifying registered agent. 22-1410. Service of Process on Foreign Corporation Authorized to Transact Business. (a) Each registered agent so appointed by a foreign corporation authorized to transact business in this State shall be an agent of such corporation upon whom any process, notice or demand required or permitted by law to be served upon the corporation may be served in the manner provided by law for the service of a summons and complaint, as if the registered agent were a defendant. (b) Whenever a foreign corporation authorized to transact business in this State shall fail to appoint or maintain a registered agent in this State, or whenever any such registered agent cannot with reasonable diligence be found at the registered office, or whenever the certificate of authority of a foreign corporation shall be suspended or revoked, then the Secretary of State shall be an agent of such corporation upon whom any such process, notice, or demand may be served. Service on the Secretary of State of any such process, notice, or demand shall be made by delivering to and leaving with him, or with any person having charge of the corporation department of his office, or with any other person or persons designated by the Secretary of State to receive such service, duplicate copies of such process, notice or demand. In the event any such process, notice, or demand is served on the Secretary of State, he shall immediately cause one of such copies thereof

Page 716

to be forwarded by registered or certified mail, addressed to the corporation at its principal office in the state or country under the laws of which it is incorporated. Any service so had on the Secretary of State shall be answerable in not less than thirty days. (c) The Secretary of State shall keep a record of all processes, notices and demands served upon him under this section, and shall record therein the time of such service and his action with reference thereto. (d) Nothing herein contained shall limit or affect the right to serve any process, notice or demand, required or permitted by law to be served upon a corporation in any other manner now or hereafter permitted by law. 22-1411. Amendment to Articles of Incorporation of Foreign Corporation. Whenever the articles of incorporation of a foreign corporation authorized to transact business in this State are amended, such foreign corporation shall, within thirty days after such amendment becomes effective, file in the office of the Secretary of State a copy of such amendment or in lieu thereof, if provided for by its jurisdiction of incorporation, a copy of its restated, composite or consolidated articles of incorporation reflecting such amendment, duly authenticated by the proper officer of its jurisdiction of incorporation, together with a translation into English verified by the translator if the original is written in a foreign language; but the filing thereof shall not of itself enlarge or alter the purpose or purposes which such corporation is authorized to pursue in the transaction of business in this State, nor authorize such corporation to transact business in this State under any other name than the name set forth in its certificate of authority. 22-1412. Merger of Foreign Corporation Authorized to Transact Business in This State. Whenever a foreign corporation authorized to transact business in this State shall be a party to a statutory merger permitted by the laws of its jurisdiction of incorporation, and such corporation shall be the surviving corporation, it shall, within thirty days after such merger becomes effective, file with the Secretary of

Page 717

State a copy of the articles or agreement of merger duly authenticated by the proper officer of the jurisdiction under the laws of which such statutory merger was effected, together with a translation into English verified by the translator if the original is written in a foreign language; and it shall not be necessary for such corporation to procure either a new or amended certificate of authority to transact business in this State unless the name of such corporation be changed thereby or unless the corporation desires to pursue in this State other or additional purposes than those which it is then authorized to transact in this State. 22-1413. Amended Certificate of Authority. (a) A foreign corporation authorized to transact business in this State shall make application to the Secretary of State for an amended certificate of authority within thirty days after it: (1) Changes its corporate name; or (2) Enlarges, limits or otherwise changes the purpose or purposes of the corporation which it proposes to pursue in the transaction of business in this State. (b) Such application shall be made on forms prescribed by the Secretary of State and shall be executed and filed in the same manner as an original application for a certificate of authority, and shall set forth: (1) The name of the corporation as it appears in its original application for a certificate of authority, and the jurisdiction under the laws of which it is incorporated. (2) The proposed amendment to its certificate of authority. (3) If the amendment includes a change of name, a statement that the change of name has been effected under the laws of its jurisdiction of incorporation. (4) If the amendment enlarges, limits or otherwise changes the business or businesses which it proposes to do

Page 718

in this State, a statement that it is authorized to do such business in its jurisdiction of incorporation. (c) The issuance of an amended certificate of authority shall be governed by the same provisions and the effect of its issuance shall be the same as in the case of an original application for a certificate of authority. 22-1414. Withdrawal of Foreign Corporation. (a) A foreign corporation authorized to transact business in this State may withdraw from this State upon procuring from the Secretary of State a certificate of withdrawal. In order to procure such certificate of withdrawal, such foreign corporation shall deliver to the Secretary of State an application for withdrawal, which shall set forth: (1) The name of the corporation and the jurisdiction under the laws of which it is incorporated. (2) That the corporation is not transacting business in this State. (3) That the corporation surrenders its authority to transact business in this State. (4) That the corporation revokes the authority of its registered agent in this State to accept service of process and consents that service of process in any action, suit or proceeding based upon any cause of action that accrued in this State during the time the corporation was authorized to transact business in this State thereafter may be made on such corporation by service thereof on the Secretary of State. (5) A post office address to which the Secretary of State may mail a copy of any process against the corporation that may be served on him. (b) The application for withdrawal shall be made on forms prescribed and furnished by the Secretary of State and shall be executed by the corporation by its president or a vice president or by its secretary or an assistant secretary.

Page 719

If the corporation is in the hands of a receiver or trustee, said application shall be executed on behalf of the corporation by such receiver or trustee. 22-1415. Filing of Application and Issuance of Certificate of Withdrawal. (a) The application for withdrawal shall be delivered to the Secretary of State for filing as provided in Section 22-105. Upon filing said application, the Secretary of State shall issue and deliver to the corporation or its representative a certificate of withdrawal. (b) Upon the issuance of such certificate of withdrawal, the authority of the corporation to transact business in this State shall cease. 22-1416. Termination of Existence. (a) When a foreign corporation authorized to transact business in this State is dissolved or its authority or existence is otherwise terminated or cancelled in its jurisdiction of incorporation or when such foreign corporation is merged into or consolidated with another foreign corporation, the corporation or its successor, receiver or trustee shall deliver for filing with the Secretary of State a certificate of the appropriate official of its jurisdiction of incorporation attesting to the occurrence of any such event or an order or decree of a court of such jurisdiction directing the dissolution of such foreign corporation, the termination of its existence or the cancellation of its authority, together with a statement of the postoffice address to which the Secretary of State may mail a copy of any process against the corporation that may be served on him. (b) The filing of such certificate or judgment shall be done in the same manner and shall have the same effect as the filing of an application for withdrawal and the Secretary of State shall issue a certificate of withdrawal thereon which shall be returned to the corporation or its representative. Upon the issuance of such certificate of withdrawal, the authority of the corporation to transact business in this State shall cease. (c) Upon the issuance of such certificate of withdrawal the Secretary of State shall be the agent of the foreign corporation

Page 720

upon whom any process, notice or demand may be served in any action or proceeding based upon any cause of action accruing in this State prior to the issuance of such certificate. Such service and the action thereon shall be the same as provided herein in other cases where the Secretary of State is agent for service. 22-1417. Revocation of Certificate of Authority. (a) The certificate of authority of a foreign corporation to transact business in this State may be revoked by the Secretary of State upon the conditions prescribed in this section when: (1) The corporation has failed to file its annual report to the Secretary of State within the time required by Section 22-1502, or has failed to pay any fees or penalties prescribed by this Code when they have become due and payable, or has failed to file its annual license or occupation tax return on or before the day such return becomes due; or (2) The corporation has failed to appoint and maintain a registered agent in this State as required by Section 22-1408; or (3) The corporation has failed, after change of its registered agent, to file in the office of the Secretary of State a statement of such change as required by Section 22-1409; or (4) The corporation has failed to file in the office of the Secretary of State any amendment to its articles of incorporation or any articles of merger within the time prescribed by Section 22-1411 and 22-1412; or (5) The corporation has failed to make application to the Secretary of State for an amended certificate of authority under the circumstances and within the time prescribed by Section 22-1413; or (6) A misrepresentation has been made of any material matter in any application, report, affidavit, or other document submitted by such corporation pursuant to this Code.

Page 721

(b) No certificate of authority of a foreign corporation shall be revoked by the Secretary of State unless (1) he shall have given the corporation not less than sixty days' notice thereof by mail addressed to its registered office in this State, and (2) the corporation shall fail prior to revocation to file such annual report, or pay such fees or penalties, or file its annual license or occupation tax return, or file the required statement of change of registered agent or registered office, or file such articles of amendment or articles or merger, or make application for such amended certificate of authority, or correct such misrepresentation. 22-1418. Issuance of Certificate Revocation. (a) Upon revoking any such certificate of authority, the Secretary of State shall: (1) Issue a certificate of revocation in duplicate. (2) File one of such certificates in his office. (3) Mail to such corporation at its registered office in this State or, if the corporation has no such registered office, at its last known address either within or without this State as shown by the records of the Secretary of State, a notice of such revocation accompanied by one of such certificates. (b) Upon issuance of such certificate of revocation, the authority of the corporation to transact business in this State shall cease. 22-1419. Application to Undomesticated Foreign Corporations Heretofore Authorized to Transact Business in This State. Undomesticated foreign corporations which have complied with Acts 1946, p. 687 (Ga. Code Ann. Section 22-1506) at the time this Code takes effect, and which pursue in this State a purpose or purposes for which a corporation might secure a certificate of authority under this Code, shall be entitled to all the rights and privileges applicable to foreign corporations procuring certificates of authority to transact business in this State under this Code, and from the time this Code takes effect such corporations shall be

Page 722

subject to all the limitations, restrictions, liabilities, and duties prescribed herein for foreign corporations procuring certificates of authority to transact business in this State under this Code. 22-1420. Application to Foreign Corporations Heretofore Domesticated. (a) A foreign corporation which prior to the effective date of this Code has domesticated in this State under the procedure available prior to this Code and which is a domesticated foreign corporation on the effective date hereof shall have perpetual duration as a domesticated foreign corporation of this State unless its existence is terminated in its jurisdiction of incorporation or its domesticated status is dissolved in accordance with the provisions of this Code relating to involuntary dissolution, or until such time as it withdraws from this State in the manner provided in this Code. Such domesticated foreign corporations and the shareholders thereof shall have all the rights, privileges and immunities, and be subject to all the duties, liabilities and disabilities, applicable to similar corporations organized under the laws of this State and applicable to the shareholders thereof, except as may be provided with respect to such domesticated foreign corporations by any of the laws of this State existing on the effective date of this Code or coming into existence hereafter. (b) Whenever the term foreign corporation authorized to transact business in this State is used in this Code, it shall be deemed to include domesticated foreign corporations except where the context or this section otherwise requires. 22-1421. Transacting Business Without Certificate of Authority. (a) A foreign corporation that under this Code is required to obtain a certificate of authority but fails to do so shall be liable to this State, for the years or parts thereof during which it transacted business in this State without a certificate of authority, in an amount equal to all fees which would have been imposed by this Code upon such corporation had it duly applied for and received a certificate of authority to transact business in this State as required by this Code and thereafter filed all reports required by this Code, plus all penalties imposed by this Code,

Page 723

The Attorney General, at the direction of the Secretary of State, shall bring proceedings in the name of the State to recover all amounts due this State under the provisions of this section. (b) No foreign corporation that under this Code is required to obtain a certificate of authority shall be permitted to maintain any action, suit or proceeding in any court of this State unless either before or after commencement of the action it shall have obtained such a certificate. Nor shall any action, suit or proceeding be maintained in any court of this State by any foreign corporation that is the successor or assignee of such corporation on any right, claim or demand arising out of the transaction of business by such corporation in this State unless either before or after commencement of the action a certificate of authority shall have been obtained by such corporation or by a corporation which has acquired all or substantially all of its assets. (c) The failure of a foreign corporation to obtain a certificate of authority to transact business in this State shall not impair the validity of any contract or act of such corporation, and shall not prevent such corporation from defending any action, suit or proceeding in any court of this State. Chapter 15. Annual Reports 22-1501. Annual Report of Domestic and Foreign Corporations. (a) Each domestic corporation and each foreign corporation authorized to transact business in this State, shall file, within the time prescribed by Section 22-1502, an annual report setting forth: (1) The name of the corporation and the jurisdiction under the laws of which it is incorporated. (2) The address of the registered office of the corporation in this State, and the name of its registered agent or agents in this State at such address, and, in the case of a foreign corporation, the address of its principal office in the jurisdiction under the laws of which it is incorporated.

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(3) The names and respective addresses of the four principal officers of the corporation. (4) A statement of the aggregate number of shares which the corporation has authority to issue. (5) A statement of the aggregate number of issued shares. (6) Such additional information as may be necessary or appropriate as determined by the Secretary of State for the performance of his duties under this Code. (b) Such annual report shall be made on forms prescribed and furnished by the Secretary of State, and the information therein contained shall be given as of the date of the execution of the report. It shall be executed by the corporation by its president, a vice president, secretary, an assistant secretary, treasurer or an assistant treasurer, or, if the corporation is in the hands of a receiver or trustee, it shall be executed on behalf of the corporation by such receiver or trustee. 22-1502. Filing of Annual Report of Domestic and Foreign Corporations. Such annual report of a domestic or foreign corporation shall be delivered to the Secretary of State between the first day of August and the first day of November of each year, except that the first annual report of a foreign corporation shall be filed with its application for a certificate of authority, and the first annual report of a domestic corporation shall be filed between the first day of August and the first day of November of the year next succeeding the calendar year in which its certificate of incorporation was issued by the Secretary of State. Proof to the satisfaction of the Secretary of State that prior to midnight on the last day of such filing period such report was deposited in the United States mail in a sealed envelope, properly addressed, with first class postage prepaid, shall be deemed a compliance with this requirement. If the Secretary of State finds that such report conforms to the requirements of this Code, he shall file the same. If he finds that it does not so conform, he shall promptly return the

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same to the corporation for any necessary corrections, in which event the penalties hereinafter prescribed for failure to file such report within the time hereinabove provided shall not apply, if such report is corrected to conform to the requirements of this Code and returned to the Secretary of State within one calendar month from the date it was returned by him to the corporation. Chapter 16. Fees and Charges 22-1601. Fees and Charges To Be Collected by Secretary of State. The Secretary of State shall charge and collect in accordance with the provisions of this Code: (a) Fees for filing documents and issuing certificates. (b) Miscellaneous charge. 22-1602. Fees of Secretary of State for Filing Documents and Issuing Certificates. The Secretary of State shall charge and collect for: (a) Filing articles of incorporation and issuing a certificate of incorporation, fifteen dollars. (b) Filing articles of amendment and issuing a certificate of amendment, fifteen dollars. (c) Filing restated articles of incorporation and issuing a certificate of restated articles, fifteen dollars. (d) Filing articles of merger or consolidation and issuing a certificate of merger or consolidation, twenty dollars. (e) Filing an application to reserve a corporate name, three dollars; and filing an application to reserve a corporate name for a period of five years pursuant to Section 22-302 (c), thirty dollars. (f) Filing a notice of transfer of a reserved corporate name, three dollars. (g) Filing a statement of change of address of registered office or change of registered agent, or both, three dollars.

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(h) Filing a statement of the establishment of a series of shares, ten dollars. (i) Filing a statement of cancellation of shares, ten dollars. (j) Filing a statement of reduction of stated capital, ten dollars. (k) Filing a statement of intent to dissolve, one dollar. (l) Filing a statement of revocation of voluntary dissolution proceedings, one dollar. (m) Filing articles of dissolution, one dollar. (n) Filing an application of a foreign corporation for certificate of authority to transact business in this State and issuing a certificate of authority, one hundred dollars. (o) Filing an application of a foreign corporation for an amended certificate of authority to transact business in this State and issuing an amended certificate of authority, twenty dollars. (p) Filing a copy of an amendment to the articles of incorporation of a foreign corporation holding a certificate of authority to transact business in this State, ten dollars. (q) Filing a copy of articles of merger of a foreign corporation holding a certificate of authority to transact business in this State, twenty dollars. (r) Filing an application for withdrawal of a foreign corporation and issuing a certificate of withdrawal, ten dollars. (s) Filing any other statement or report, except an annual report, of a domestic or foreign corporation, three dollars. (t) Filing the annual report of a domestic or foreign corporation, five dollars.

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22-1603. Miscellaneous Charges. The Secretary of State shall charge and collect: (a) For furnishing a certified copy of any document, instrument, or paper relating to a corporation, thirty cents per page and one dollar for the certificate and affixing the seal thereto. (b) For furnishing a certificate of search or a certificate of good standing, five dollars. (c) At the time of any service of process on him as resident agent of a corporation, four dollars, which amount may be recovered as taxable costs by the party to the suit or action causing such service to be made if such party prevails in the suit or action. 22-1604. Fees for Advertising. The fee to be allowed to publishers for publishing any notice required under this Code shall be fifteen dollars for each insertion. Chapter 17. Provisions Relating to the Secretary of State 22-1701. Interrogatories by Secretary of State. The Secretary of State may propound to any corporation, domestic or foreign, subject to the provisions of this Code, and to any officer or director thereof, such interrogatories as may be reasonably necessary and proper to enable him to ascertain whether such corporation had complied with all the provisions of this Code applicable to such corporation. Such interrogatories shall be answered within thirty days after the mailing thereof, or within such additional time as shall be fixed by the Secretary of State, and the answers thereto shall be full and complete and shall be made in writing and under oath. If such interrogatories be directed to an individual they shall be answered by him, and if directed to a corporation they shall be answered by the president, a vice president, secretary, an assistant secretary, treasurer or an assistant treasurer thereof. The Secretary of State need not file any document to which such interrogatories relate until such interrogatories be answered as herein provided, and not then if the answers thereto disclose that such document

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is not in conformity with the provisions of this Code. The Secretary of State shall certify to the Attorney General, for such action as the Attorney General may deem appropriate, all interrogatories and answers thereto which disclose a violation of any of the provisions of this Code. 22-1702. Information Disclosed By Interrogatories. Interrogatories propounded by the Secretary of State and the answers thereto shall not be open to public inspection nor shall the Secretary of State disclose any facts or information obtained therefrom except insofar as his official duty may require the same to be made public or in the event such interrogatories or the answers thereto are required for evidence in any criminal proceedings or in any other action by this State. 22-1703. Powers of Secretary of State. The Secretary of State shall have the power and authority reasonably necessary to enable him to administer this Code efficiently and to perform the duties therein imposed upon him, including, without limitation, the power and authority to employ from time to time such additional personnel as in his judgment are required for those purposes. 22-1704. Appeal from Secretary of State. (a) If the Secretary of State shall refuse to grant a name certificate or shall refuse to file any articles of incorporation, amendment, merger, consolidation or dissolution, or any other document required by this Code to be filed by the Secretary of State, he shall, within ten days after application for the name certificate is made or the delivery of any such document to him give written notice of his refusal to the person or corporation, domestic or foreign, making such application or delivering such document, specifying the reasons therefor. From such refusal such person or corporation may appeal to the superior court of the county in which the registered office of such corporation is, or is proposed to be, situated by filing with the clerk of such court a petition setting forth a copy of such application or of the articles or other document sought to be filed and a copy of the written refusal thereof by the Secretary of State; whereupon the matter shall promptly be tried de novo by the

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court without a jury, and the court shall either sustain the action of the Secretary of State or direct him to take such action as the court may deem proper. (b) If the Secretary of State shall revoke the certificate of authority to transact business in this State of any foreign corporation, pursuant to the provisions of Sections 22-1417 and 22-1418, such foreign corporation may likewise appeal to the superior court of the county where the registered office of such corporation in this State is situated, by filing with the clerk of such court a petition setting forth a copy of its certificate of authority to transact business in this State and a copy of the notice of revocation given by the Secretary of State; whereupon the matter shall be tried de novo by the court without a jury, and the court shall either sustain the action of the Secretary of State or direct him to take such action as the court may deem proper. (c) Appeals from all final orders and judgments entered by the superior court under this section in review of any ruling or decision of the Secretary of State may be taken to the Court of Appeals or the Supreme Court in the same manner as in other civil cases. Chapter 18. Penalties 22-1801. Penalties Imposed Upon Corporations. (a) Each corporation, domestic or foreign, that fails or refuses to file its annual report for any year within thirty days after written notice that it is overdue is sent by the Secretary of State to the registered office of the corporation in this State or, if it has no such registered office, to its last known address either within or without this State as shown by the records of the Secretary of State, shall be penalized fifty dollars for each year in which it so fails or refuses. (b) Each foreign corporation that transacts business in this State without authority shall be subject to a penalty of five hundred dollars for each year or part thereof during which it so transacts business. (c) The Attorney General, at the direction of the Secretary of State, shall bring proceedings in the name of the State to enforce the penalties imposed by this section.

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(d) When a corporation, domestic or foreign, fails or refuses to answer truthfully and fully within the time prescribed by Section 22-1701 interrogatories propounded by the Secretary of State in accordance with Section 22-1701, the Secretary of State shall certify such facts to the Attorney General and shall concurrently mail to the corporation at its registered office or, if there is no registered office, at its last known address as shown by the records of the Secretary of State, a notice that such certification has been made, together with a statement of the facts pertinent thereto. Within thirty days of the date of such certification, the Attorney General shall apply in the name of the State to the Superior Court of the county where the registered office or principal office of the corporation, as shown by the records of the Secretary of State, is situated for an order compelling the corporation to answer the interrogatories truthfully and fully, unless prior to the filing of such application the corporation shall have so answered the interrogatories. If the corporation fails or refuses to comply with the order within thirty days from the date of its entry, such failure or refusal may be considered a contempt of that court and the corporation may be fined therefor in any amount not exceeding five hundred dollars. 22-1802. Penalties Imposed Upon Officers and Directors. (a) When an officer or director of a corporation, domestic or foreign, fails or refuses within the time prescribed by Section 22-1701 to answer truthfully and fully interrogatories propounded to him by the Secretary of State in accordance with Section 22-1701, the Secretary of State shall certify such fact to the Attorney General, and shall concurrently mail to the officer or director a notice, addressed to such officer or director at the registered office of the corporation or, if there is no such registered office, at the last known address of the corporation as shown by the records of the Secretary of State, that such certification has been made, together with a statement of the facts pertinent thereto. Within thirty days of the date of such certification, the Attorney General shall apply in the name of the State to the Superior Court of the county where the registered office or principal office of the corporation, as shown by the records of the Secretary of State, is situated for an

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order compelling the officer or director to answer the interrogatories truthfully and fully, unless prior to the filing of such application the officer or director shall have so answered the interrogatories. If the officer or director fails or refuses to comply with the order within thirty days from the date of its entry, such failure or refusal may be considered a contempt of that court and the officer or director may be fined therefor in any amount not exceeding five hundred dollars. (b) Each officer or director of a corporation, domestic or foreign, who signs any articles, statement, report, application or other document filed with the Secretary of State which is known to such officer or director to be false in any material respect, shall be deemed to be guilty of a misdemeanor, and upon conviction thereof may be fined in any amount not exceeding five hundred dollars. PART IINON-PROFIT CORPORATIONS Chapter 21. General Provisions 22-2101. Short Title. Part II of this Title (Sections 22-2101 through 22-4099 inclusive) shall be known and may be cited as the Georgia Nonprofit Corporation Code (hereinafter referred to as this Code). 22-2102. Definitions. As used in this Code, unless the context otherwise requires, the term: (a) Corporation or domestic orporation means a nonprofit corporation subject to the provisions of this Code, except a foreign corporation. (b) Foreign corporation means a nonprofit corporation organized under laws other than the laws of this State. (c) Nonprofit corporation means a corporation no part of the income or profit of which is distributable to its members, directors or officers. (d) Articles of incorporation means the original or restated articles of incorporation or articles of consolidation and all the amendments thereto including articles of merger,

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and also includes what heretofore have been designated by the laws of this State as charters and, in the case of foreign corporations, whatever documents are equivalent to articles of incorporation in their jurisdictions of incorporation. (e) By-laws means the code or codes of rules adopted for the regulation or management of the affairs of the corporation irrespective of the name or names by which such rules are designated. (f) Member means one having membership rights in a corporation in accordance with the provisions of its articles of incorporation or by-laws. When provisions of the Georgia Business Corporation Code are incorporated by reference into this Code, references in such provisions to shareholders shall be read in this Code as members. (g) Board of directors means the group of persons vested with the management of the affairs of the corporation irrespective of the name by which such group is designated. (h) Insolvent means inability of a corporation to pay its debts as they become due in the usual course of its business or that a corporation has liabilities in excess of assets. (i) Address means a complete mailing address, including, whenever practicable, street and number of building and floor. 22-2103. Application of Code. (a) The provisions of this Code shall not apply: (1) To corporations organized under a statute of this State other than either this Code or any prior general corporation law, except to the extent that the former general corporation law of this State or any of its provisions or this Code or any of its provisions specifically have been or shall be made applicable to such corporation. (2) To any corporation originally created by special act of the General Assembly as to which power has not been reserved to withdraw the franchise, except as otherwise provided in paragraph (b) of this section.

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(3) To any corporation originally created by special act of the General Assembly as to which power has been reserved to withdraw the franchise, if the purpose of such corporation would require its organization, were is being organized after the effective date of this Code, to take place under a statute other than this Code, except to the extent that the former general corporation law of this State or any of its provisions or this Code or any of its provisions specifically have been or shall be made applicable to corporations organized for that purpose. (4) To any public authority created by special act of the General Assembly except to the extent that the former general corporation law of this State or any of its provisions or this Code or any of its provisions specifically have been or shall be made applicable to such public authority. (5) To corporations of any class to the extent that such class is specifically exempted from this Code or any of its provisions. (b) Subject to the limitations of paragraph (a) of this section, the provisions of this Code shall apply: (1) To all nonprofit corporations, now existing or hereafter formed, including nonprofit corporations organized under any prior general corporation law of this State or under any Act that is repealed by this Code. (2) To all nonprofit corporations created by special act of the General Assembly as to which power has been reserved to withdraw the franchise. (3) To any nonprofit corporation, organization or association to the extent that the former general corporation law of this State or any of its provisions or this Code or any of its provisions specifically have been or shall be made applicable to such corporation, organization or association. (4) To any corporation organized under any statute of this State, or which was originally created by special act of the General Assembly without reservation of power to withdraw the franchise, if under any prior general corporation

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law of this State such corporation either has amended its charter or has been a party to a merger or a consolidation, and also to any such corporation which hereafter, in an amendment to its articles of incorporation or restatement of its articles of incorporation or in a merger or a consolidation, elects to be subject to the provisions of this Code. Any such corporation shall have all the rights, privileges, franchises, immunities and powers, and be subject to all the duties, liabilities and disabilities, of a corporation to which this Code applies as well as of the statute or special act by which such corporation was originally created; but in the event of a conflict between such statute or special act and this Code, such statute or special act shall govern. (c) The provisions of this Code relating to foreign corporations shall apply to all foreign nonprofit corporations conducting affairs in this State for a purpose or purposes for which a corporation might be organized under this Code. (d) This Code shall not impair the existence of any nonprofit corporation existing on the effective date of this Code. Any such existing corporation to which this Code is applicable, and its members, directors and officers, shall have the same rights and be subject to the same limitations, restrictions, liabilities and penalties as a corporation formed under this Code, and its members, directors and officers. (e) (1) Transactions validly entered into before the effective date of this Code and the rights, duties and interests flowing from them shall remain valid thereafter and may be terminated, completed, consummated or enforced as required or permitted by any statute repealed by this Code as though such repeal had not occurred. (2) The repeal of a prior Act by this Code shall not affect any cause of action, liability, penalty, or action or special proceeding which on the effective date of such repeal is accrued, existing, incurred or pending, but the same may be asserted, enforced, prosecuted or defended as if the prior Act had not been repealed. 22-2104. Execution of Documents; Corporate Seal. (a) Unless this Code provides otherwise with respect to a particular

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document, the execution of corporate documents and the use and effect of the corporate seal shall be governed by Section 22-104 of Part I of this Title. 22-2105. Filing of Documents. Whenever any provision of this Code requires any document to be delivered for filing as provided in this Code, unless otherwise specifically stated in this Code and subject to any additional provisions of this Code, such requirement shall have the meaning prescribed in Section 22-105 of Part I of this Title. 22-2106. Certificates and Certified Copies to be Received in Evidence. All certificates issued by the Secretary of State in accordance with the provisions of this Code, and all copies of documents filed in his office in accordance with the provisions of this Code when certified by him, shall be taken and received in all courts, public offices, and official bodies a prima facie evidence of the facts therein stated. A certificate by the Secretary of State under the seal of his office as to the existence or nonexistence of facts relating to corporations shall be taken and received in all courts, public offices, and official bodies as prima facie evidence of the existence or nonexistence of the facts therein stated. 22-2107. Reservation of Power. The General Assembly shall at all times have power to prescribe such regulations, provisions and limitations as it may deem advisable, which regulations, provisions and limitations shall be binding upon any and all corporations that are subject to the provisions of this Code, and the General Assembly shall have power to amend, repeal or modify this Code at pleasure. 22-2108. Effect of Invalidity of Part of This Code; Severability. If any provision of this Code or any application of any provision of this Code is held unconstitutional or otherwise invalid, such invalidity shall not nullify or otherwise impair other provisions of this Code or applications thereof that can be given effect without the invalid provision or application, and to this end the provisions of this Code are declared severable. Chapter 22. Corporate Purposes and Powers 22-2201 Purposes. Nonprofit corporations may be organized under this Code for any lawful purpose or purposes

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not specifically prohibited to corporations under other laws of this State, including, without being limited to, any one or more of the following permissible purposes: charitable; benevolent; eleemosynary; educational; historical; civic; patriotic; political; religious; social; fraternal; literary; cultural; athletic; scientific; agricultural; horticultural; animal husbandry; and professional, commercial, industrial or trade association. Where by law special provisions are made for the organization of designated classes of nonprofit corporations, such corporations shall be formed under those provisions and not hereunder. 22-2202. General Powers. (a) Subject to any limitations provided in this Code or in any other law, each corporation: (1) Shall exist under articles of incorporation. (2) Shall have perpetual duration unless a limited period of duration is stated in its articles of incorporation. Each corporation existing on the effective date of this Code shall have perpetual duration unless its articles of incorporation are amended under this Code to provide for a limited period of duration. (3) Shall have power: (A) To cease its corporate activities and surrender its corporate franchise. (B) To renew or revive its corporate existence in case a limited period of duration is fixed in its articles of incorporation. (C) To sue and be sued, complain and defend, in all courts, and to participate in any judicial, administrative, arbitrative or other action or proceeding. (b) Subject to any limitations provided in this Code, or in any other law, each corporation also shall have power: (1) To conduct its affairs, carry on its operations, and have offices and exercise its powers granted by this Code anywhere in the world.

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(2) To make and alter by-laws, not inconsistent with its articles of incorporation or with the laws of this State, for the administration and regulation of the affairs of the corporation. (3) To elect, appoint or hire officers, employees, and other agents of the corporation, define their duties, and fix their compensation and the compensation of directors. (4) To have a corporate seal which may be altered at pleasure, and to use the same by causing it, or a facsimile thereof, to be impressed or affixed or in any other manner reproduced. (5) To purchase, take, receive by gift, will or otherwise, lease, or otherwise acquire, own, hold, improve, use and otherwise deal in and with, real or personal property, or any interest therein, wherever situated. (6) To sell, convey, lease, exchange, transfer and otherwise dispose of, or mortgage, pledge, create a security interest in, deliver a deed to secure debt, or otherwise encumber, all or any part of its property and assets, or any interest therein, wherever situated. (7) To lend money to its employees, and otherwise assist them. (8) To purchase, take, receive, subscribe for, or otherwise acquire, own, hold, vote, use, employ, sell, lend, or otherwise dispose of, or mortgage, pledge, create a security interest in, or otherwise encumber, and otherwise use and deal in and with, without regard to the laws of this State regulating the investment of trust funds, shares or other interests in, or obligations of, other domestic or foreign corporations, whether for profit or not for profit, associations, partnerships or individuals, or direct or indirect obligations of the United States or of any other government, state, territory, governmental district or municipality or of any instrumentality thereof. (9) To form, or acquire the control of, other corporations.

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(10) To participate with others in any corporation, partnership, transaction, arrangement, operation, organization, or venture, even if such participation involves sharing or delegation of control with or to others. (11) To secure any of its obligations by mortgage, deed to secure debt, pledge, creation of a security interest in, or other encumbrance of, all or any part of its property, franchises and income, and to guarantee, become surety upon or indorse the contracts or obligations of any other corporation, firm or individual as to matters in which the corporation guaranteeing has a direct interest, but shall not have the power to enter into any contract of guaranty, suretyship or indorsement where the corporation guaranteeing has no direct interest in the subject-matter of the contract guaranteed or to make any purely accommodation guaranty, indorsement or contract of suretyship, unless such right to guarantee or indorse or become surety is contained in the articles of incorporation. (12) To lend money, invest and reinvest its funds, and take and hold real and personal property as security for the payment of funds so loaned or invested. (13) To make donations, irrespective of corporate benefit, for the public welfare or for community fund, hospital, charitable, scientific, educational, religious, civic or similar purposes and in time of war or other national emergency in aid of the national effort with respect thereto. (14) At the request or direction of the United States government or any agency thereof, to carry out any lawful activity in time of war or national emergency, or in aid of national defense. (15) To procure for its benefit insurance on the life of any of its directors, officers or employees, or any other person, whose death might cause financial loss to the corporation; or, pursuant to any contract obligating the corporation as guarantor or surety, on the life of the principal obligor. (16) Subject to the provisions of Section 22-2611, to reimburse and indemnify litigation expenses of directors, officers

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and employees, and to purchase and maintain liability insurance for their benefit. (17) To pay pensions and establish and carry out pension, savings, thrift and other retirement and benefit plans, trusts and provisions for any or all of its directors, officers and employees. (18) To have and exercise all powers necessary or convenient to effect any or all of the purposes for which the corporation is organized. (c) It shall not be neecssary to set forth in the articles of incorporation any of the powers enumerated in this section. (d) The articles of incorporation may limit the powers conferred by paragraph (b) of this section in any manner not inconsistent with any other provisions of this Code or with any other law. 22-2203. Defense of Ultra Vires. Section 22-203 of Part I of this Title shall apply equally to nonprofit corporations under this Code. 22-2204. Unauthorized Assumption of Corporate Powers. All persons who assume to act as a corporation before the Secretary of State has issued the certificate of incorporation to the incorporator or incorporators or his or their attorney shall be jointly and severally liable for all debts and liabilities incurred or arising as a result thereof. Chapter 23. Corporate Name 22-2301. Corporate Name (a) The corporate name shall be written in Roman or cursive letters or Arabic or Roman numbers and: (1) Shall contain the word corporation, company, incorporated or limited, or shall contain an abbreviation of one of such words. (2) Shall not contain any word or phrase which indicates or implies:

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(A) That the corporation is organized for any purpose other than one or more of the purposes permitted by its articles of incorporations. (B) That the corporation is organized by, affiliated with, or sponsored by, any fraternal, veterans' service, religious, charitable, or professional organization, unless that fact is certified in writing in a manner satisfactory to the Secretary of State by the organization with which affiliation or sponsorship is claimed. (3) Shall not be the same as or confusingly similar to: (A) The name of any corporation, whether for profit or not for profit, existing under the laws of this State. (B) The name of any foreign corporation, whether for profit or not for profit, authorized to transact business or conduct affairs in this State. (C) A name the exclusive right to which is, at the time, reserved in the manner provided in this Code or in the Georgia Business Corporation Code. (D) The name of a corporation which has in effect a registration of its corporate name as provided in the Georgia Business Corporation Code. (E) Any name prohibited by any other law of this State. (b) Nothing in this section shall: (1) Prevent the use of the name of any corporation, whether domestic or foreign, by another corporation where the first corporation has consented to such use and the name of the second corporation contains other words or characters which distinguish it from the name of the first corporation. (2) Require any corporation existing on the effective date of this Code to add to, modify or otherwise change its corporate name.

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22-2302. Reserved Name. The provisions of Section 22-302 of Part I of this Title shall apply equally to corporations which are subject to this Code. Chapter 24. Registered Office, Registered Agents, Service of Process and Venue 22-2401. Registered Office and Registered Agents. The provisions of Section 22-401 of Part I of this Title shall apply equally to corporations which are subject to this Code. 22-2402. Change of Registered Office or Registered Agent. (a) A corporation may change its registered office or change its registered agent or agents, or both, by complying with the provisions of Section 22-402 of Part I of this Title. All other provisions of the aforesaid Section 22-402 shall apply equally to corporations which are subject to this Code. 22-2403. Service of Process on Corporations. The provisions of Section 22-403 of Part I of this Title shall apply equally to corporations which are subject to this Code. 22-2404. Venue. The provisions of Section 22-404 of Part I of this Title shall apply equally to corporations which are subject to this Code. 22-2405. Registered Office Legally Equivalent to Principal Office. The provisions of Section 22-405 of Part I of this Title shall apply equally to corporations which are subject to this Code. Chapter 25. Members. 22-2501. Members. (a) A corporation may have one or more classes of members or may have no members. If the corporation has one or more classes of members, the designation of such class or classes and the qualifications and rights of the members of each class shall be set forth in the articles of incorporation or in the by-laws adopted by

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the directors. Unless otherwise provided in the articles of incorporation or the by-laws, a corporation may have as members other corporations, whether for profit or not for profit, partnerships, associations or any other persons. A corporation having members may issue certificates evidencing membership therein which may be transferable or nontransferable, as stated in the articles of incorporation or by-laws. Members shall not have voting or other rights except as provided in the articles of incorporation or by-laws. But members of any corporation existing on the effective date of this Code shall continue to have the same voting and other rights as before such date, until changed by amendment of the articles of incorporation or by-laws. (b) Unless the articles of incorporation or the by-laws grant property rights in the assets of the corporation to expelled members, expelled members shall have no right to any part of such assets. 22-2502. Provisions Relating to Meetings of Members. (a) The place and time of all meetings of members, the time and manner of notice of such meetings, the conduct and adjournment of such meetings, the determination of members entitled to notice or to vote at such meetings, and the number or voting power of members necessary to constitute a quorum, all shall be determined by or in accordance with the articles of incorporation or the by-laws, or, in the absence of applicable provisions in the articles of incorporation or the by-laws, by the board of directors. (b) Failure to hold an annual meeting shall not work a forfeiture or give cause for dissolution of the corporation, except as provided in Section 22-3111 in case of deadlock among directors or members, nor shall such failure affect otherwise valid corporate acts. (c) Special meetings of the members may be called by the president, the chairman of the board of directors, the board of directors, or such other officers or persons as may be provided in the articles of incorporation or by-laws. (d) Any action of the members of a corporation may be taken without a meeting if written consent, setting forth

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the action so taken, shall be signed by all the members entitled to vote with respect to the subject matter thereof. Such consent shall have the same force and effect as a unanimous vote of members, and may be stated as such in any articles or document filed with the Secretary of State under this Code. (e) (1) Notice of a meeting of members need not be given to any member who signs a waiver of notice, in person or by proxy, either before or after the meeting. Unless required by the by-laws, neither the business transacted nor the purpose of the meeting need be specified in the waiver. (2) Attendance of a member at a meeting, either in person or by proxy, shall of itself constitute waiver of notice and waiver of any and all objections to the place of the meeting, the time of the meeting, or the manner in which it has been called or convened, except when a member attends a meeting solely for the purpose of stating, at the beginning of the meeting, any such objection or objections to the transaction of business. 22-2503. Voting by Members. (a) Members shall not be entitled to vote except as the right to vote shall be conferred by the articles of incorporation or the by-laws. (b) A member entitled to vote may vote in person or, unless the articles of incorporation or by-laws otherwise provide, may vote by proxy executed in writing by the member or by his duly authorized attorney-in-fact. No proxy shall be valid after eleven months from the date of its execution, unless otherwise provided in the proxy. Where directors or officers are to be elected by members, the by-laws may provide that such elections may be conducted by mail. (c) When any corporation, whether for profit or not for profit, is a member of a corporation organized under this Code, the chairman of the board, president, any vice president, the secretary or the treasurer of the member corporation, and any such officer or cashier or trust officer of a banking or trust corporation holding such membership, and

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any like officer of a foreign corporation, whether for profit or not for profit, holding membership in a domestic corporation, shall be deemed by the corporation in which membership is held to have authority to vote on behalf of the member corporation and to execute proxies and written waivers and consents in relation thereto, unless before a vote is taken or a waiver or consent is acted upon it is made to appear by a certified copy of the by-laws or resolution of the board of directors or executive committee of the member corporation that such authority does not exist or is vested in some other officer or person. In the absence of such certification, a person executing any such proxies, waivers or consents or presenting himself at a meeting as one of such officers of a corporate member shall for the purposes of this section be prima facie deemed to be duly elected, qualified and acting as such officer and to be fully authorized, and in case of conflicting representation the corporate member shall be deemed to be represented by its senior officer, in the order first stated in this paragraph. (d) The articles of incorporation or the by-laws may provide that in all elections for directors every member entitled to vote shall have the right to cumulate his vote and to give one candidate a number of votes equal to his vote multiplied by the number of directors to be elected, or by distributing such votes on the same principles among any number of such candidates. A corporation shall not have cumulative voting unless such voting is expressly authorized in the articles of incorporation. (e) If a corporation has no members or its members have no right to vote, the directors shall have the sole voting power. 22-2504. Greater Voting Requirements. (a) The provisions of Section 22-609 of Part I of this Title shall apply equally to corporations which are subject to this Code. Chapter 26. Directors and Officers 22-2601. Board of Directors. (a) Subject to the provisions of the articles of incorporation or the by-laws, the affairs of a corporation shall be managed by a board of directors.

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(b) No limitations upon the authority which the directors would have in the absence of such limitation, whether contained in the articles of incorporation, by-laws or otherwise, shall be effective against persons, other than members and directors, who are without actual knowledge of such limitation. (c) Directors shall be natural persons of the age of twenty-one years or over, but need not be residents of this State or members of the corporation unless the articles of incorporation or by-laws so require. The articles of incorporation or by-laws may prescribe additional qualifications for directors. (d) The board of directors shall have authority to fix the compensation of directors for services in any capacity unless otherwise provided in the articles of incorporation or by-laws. 22-2602. Number and Election of Directors. (a) The number of directors of a corporation shall not be less than three. Subject to such limitation, the number of directors shall be fixed by the by-laws, except as to the number constituting the initial board of directors, which number shall be fixed by the articles of incorporation. The by-laws may authorize the number of directors to vary between a specified maximum and minimum number, and in such case the exact number within such maximum and minimum shall be fixed by resolution of the directors from time to time. The number of directors may be increased or decreased from time to time, unless the articles of incorporation provide that a change in the number of directors shall be made only by amendment of the articles of incorporation. No decrease in number shall have the effect of shortening the term of any incumbent director. In the absence of a by-law or an authorized resolution of the directors fixing the number of directors, the number shall be the same as that stated in the articles of incorporation. (b) The directors constituting the initial board of directors shall be named in the articles of incorporation and shall hold office until the first annual election of directors or for such other period as may be specified in the articles

Page 746

of incorporation or by-laws. Thereafter, directors shall be elected or appointed in the manner and for the terms provided in the articles of incorporation or the by-laws. In the absence of a provision fixing the term of office, the term of office of a director shall be one year. (c) Directors may be divided into classes and the terms of office of the several classes need not be uniform. Each director shall hold office for the term to which he is elected or appointed and until his successor shall have been elected or appointed and qualified, or until his earlier resignation, removal from office, or death. (d) A director may be removed from office pursuant to any procedure provided therefor in the articles of incorporation or the by-laws. 22-2603. Provisional Director. (a) If the directors of a corporation are deadlocked in the management of the corporate affairs and the members are unable to break the deadlock, and if injury to the corporation is being suffered or is threatened by reason thereof, the superior court of the county where the registered office of the corporation is located may, notwithstanding any provisions of the articles of incorporation or by-laws of the corporation to the contrary and whether or not an action is pending for an involuntary dissolution of the corporation, appoint a provisional director pursuant to this section. (b) Action for such appointment may be filed by one-half of the directors or by members holding not less than one-third of all the votes entitled to be cast in an election or directors. Notice of such action shall be served upon the directors (other than those who have filed the action) and upon the corporation in the manner provided by law for service of a summons and complaint, and a hearing shall be held not less than ten days after such service is effected. At such hearing all interested persons shall be given an opportunity to be heard. (c) The provisional director shall be an impartial person, who is neither a member nor a creditor of the corporation, nor related by consanguinity or affinity within the third

Page 747

degree, as computed according to the civil law, to any of the other directors of the corporation, or to any judge of the court by which he is appointed. The provisional director shall have all the rights and powers of a director, and shall be entitled to notice of the meetings of the board of directors and to vote at such meetings, until he is removed by order of the court or by vote or written consent of a majority of the directors or of members holding a majority of the votes entitled to be cast in an election of directors. He shall be entitled to receive such compensation as may be agreed upon between him and the corporation, and in the absence of such agreement he shall be entitled to such compensation as shall be fixed by the court. 22-2604. Vacancies. Unless the articles of incorporation or by-laws otherwise provide: (a) Any vacancy occurring in the board of directors may be filled by the affirmative vote of a majority of the remaining directors though less than a quorum of the board of directors, or by the sole remaining director, as the case may be, or, if the vacancy is not so filled, or if no director remains, by the members or, on the application of any person, by the superior court of the county where the registered office of the corporation is located. (b) A director elected or appointed to fill a vacancy shall be elected or appointed for the unexpired term of his predecessor in office. Any directorship to be filled by reason of an increase in the number of directors may be filled by the board of directors, but only for a term of office continuing until the next election of directors by the members or, if the corporation has no members, or no members having the right to vote thereon, for such term of office as may be provided in the articles of incorporation or the by-laws. (c) A director who assigns may postpone the effectiveness of his resignation to a future date or upon the occurrence of a future event specified in a written tender of resignation. A vacancy shall be deemed to exist at the time of such tender, and the board of directors or the members may, then or thereafter, elect or appoint a successor to take office when the resignation, by its terms, becomes effective.

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22-2605. Quorum of Directors. (a) Unless the articles of incorporation or the by-laws shall provide that a different number shall constitute a quorum, a majority of the number of directors then in office shall constitute a quorum for the transaction of business. (b) The vote of a majority of the directors present and voting at the time of the vote, if a quorum is present at such time, shall be the act of the board of directors, unless the vote of a greater number is required by this Code, the articles of incorporation or the by-laws. 22-2606. Executive and Other Committees. (a) If the articles of incorporation or the by-laws so provide, the board of directors may designate from among its members an executive committee and one or more other committees, each consisting of three or more directors, and each of which, to the extent provided in such resolution or in the articles of incorporation or the by-laws of the corporation, shall have and may exercise all the authority of the board of directors. (b) The board may designate one or more directors as alternate members of any such committee, who may act in the place and stead of any absent member or members at any meeting of such committee. (c) Unless otherwise provided in the articles of incorporation or the by-laws or ordered by the board of directors, any such committee shall act by a majority of its members. (d) The designation of any such committee and the delegation thereto of authority shall not operate to relieve the board of directors, or any member thereof, of any responsibility imposed by law. 22-2607. Place, Time, Notice and Call of Directors' Meetings. The provisions of Section 22-709 of Part I of this Title shall apply equally to corporations which are subject to this Code. 22-2608. Action by Directors Without a Meeting. The provisions of Section 22-710 of Part I of this Title shall apply equally to corporations which are subject to this Code.

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22-2609. Officers. (a) The officers of a corporation shall consist of a president, a secretary, a treasurer and such other officers and assistant officers as may be deemed necessary, each of whom shall be elected or appointed at such time and in such manner and for such terms not exceeding three years as may be prescribed in the articles of incorporation or the by-laws. In the absence of any such provision, all officers shall be elected or appointed annually by the board of directors. If the by-laws so provide, any two or more offices may be held by the same person, except the office of president and secretary. (b) The articles of incorporation or the by-laws may provide that any one or more officers of the corporation shall be ex officio members of the board of directors. (c) The officers of a corporation may be designated by such additional or alternative titles as may be provided in the articles of incorporation or the by-laws; and in such case any document required or permitted by any law of this State to be signed by the president, secretary, or any other named officer of a corporation may be signed by such officer as may be stated in such document to correspond to the officer so required or permitted to sign. (d) Each officer shall hold office for the term for which he is elected or appointed, and until his successor has been elected or appointed and has qualified, or until his earlier resignation, removal from office, or death. (e) All officers and agents of a corporation, as between themselves and the corporation, shall have such authority and perform such duties in the management of the corporation as may be provided in the by-laws, or as may be determined by action of the board not inconsistent with the by-laws. (f) The president shall have authority to institute or defend legal proceedings when the directors are deadlocked. (g) No corporation shall be relieved of its liability to any third person for the acts of its officers by reason of any

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limitation upon the power of the officer, whether contained in the articles of incorporation, the by-laws, or otherwise, not known to such third person. (h) In the case of a corporation which is a church, it shall not be necessary that there be officers as provided in this section, but such duties and responsibilities may be vested in the board of trustees or other designated body in any manner provided for in the articles of incorporation or the by-laws. 22-2610. Removal of Officers; Vacancies. (a) Any officer may be removed from office by the persons authorized to elect or appoint such officer whenever in their judgment the best interest of the corporation will be served thereby. The removal of an officer shall be without prejudice to the contract rights, if any, of the officer so removed. Election or appointment of an officer or agent shall not of itself create contract rights. (b) Any vacancy in any office occurring for whatever reason may be filled by the persons authorized to elect or appoint to such office. 22-2611. Indemnification of Officers, Directors, Employees and Agents; Insurance. A nonprofit corporation shall have power to indemnify its officers, directors, employees and agents, and to purchase and maintain liability insurance on their behalf, to the extent provided in and subject to the limitations of Section 22-717 of Part I of this Title. 22-2612. Books and Records. (a) Each corporation shall keep correct and complete books and records of account and shall keep minutes of the proceedings of its members, board of directors and committees having any of the authority of the board of directors; and if a corporation has members entitled to vote it shall keep at its registered office in this State a record of the names and addresses of such members. All books and records of a corporation may be inspected by any member, or his agent or attorney, for any proper purpose at any reasonable time.

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(b) If a member resorts to an action or proceeding to enforce the rights of members provided in this section and if the member prevails in such action or proceeding, the court may allow such member the costs of his action or proceeding, including a reasonable amount for attorney's fees. 22-2613. Dividends Prohibited. (a) No dividend shall be paid and no part of the income or profit of a corporation shall be distributed to its members, directors or officers. A corporation may pay compensation in a reasonable amount to its members, directors or officers for services rendered, may confer benefits upon its members in conformity with its purposes, and upon dissolution of final liquidation may make distributions to its members as permitted by this Code, and no such payment, benefit, or distribution shall be deemed to be a dividend or a distribution of income or profit. (b) Subject to paragraph (a) of this section, a corporation may issue certificates in any form evidencing membership in the corporation. 22-2614. Duty of Directors and Officers. Directors and officers shall discharge the duties of their respective positions in good faith and with that degree of diligence, care and skill which ordinarily prudent men would exercise under similar circumstances in like positions. In discharging their duties, directors and officers, when acting in good faith, may reply upon financial information of the corporation represented to them to be correct by the president or the officer of the corporation having charge of its books of account, or stated in a written report by an independent or certified public accountant or firm of such accountants fairly to reflect the financial condition of such corporation. Chapter 27. Organization of Corporations 22-2701. Incorporators. One or more persons, including domestic and foreign corporations, whether for profit or not for profit, may act as incorporator or incorporators of a corporation to be formed under this Code. Any natural person acting as incorporator shall be of the age of twenty-one years or over.

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22-2702. Articles of Incorporation. (a) The articles of incorporation shall be signed by the incorporator or incorporators or his or their representative and shall set forth: (1) The name of the corporation. (2) The period of duration, which shall be perpetual unless otherwise limited. (3) The purpose or purposes for which the corporation is organized. (4) A statement of the manner in which the directors shall be elected or appointed. In lieu thereof, the articles of incorporation may provide that the method of election of directors be left to the by-laws. (5) Any provision, not inconsistent with this Code or with any other law, limiting in any manner the corporate powers conferred by this Code. (6) The address of the initial registered office of the corporation, and the name or names of its initial registered agent or agents at such address. (7) The number of directors constituting the initial board of directors and the name and address of each person who is to serve as a member thereof. (8) The name and address of each incorporator. (b) The articles of incorporation may, as a matter of election, also set forth: (1) Any provisions, not inconsistent with law, for the regulation of the internal affairs of the corporation, including, without limitation, provisions with respect to the relative rights or interest of the members as among themselves or in the property of the corporation; the manner of termination of membership in the corporation; the rights, upon such termination, of the corporation, the terminated

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member and the remaining members; the transferability or nontransferability of membership; and the distribution of assets on dissolution or final liquidation. (2) If the corporation is to have one or more classes of members, any provision designating the class or classes of members and stating the qualifications and rights of the members of each class. (3) The names of any persons or the designations of any groups of persons who are to be the initial members. (4) A provision to the effect that the corporation shall be subordinate to and subject to the authority of any head or national association, lodge, order, beneficial association, fraternal or beneficial society, foundation, federation or other nonprofit corporation, society, organization or association. (5) Any provision which under this Code is required or permitted to be set forth in the by-laws; any such provision set forth in the articles of incorporation need not be set forth in the by-laws. (c) It shall not be necessary to set forth in the articles of incorporation any of the corporate powers enumerated in Section 22-2202. 22-2703. Filing of Articles of Incorporation. The provisions of Section 22-803 of Part I of this Title shall apply equally to the organization of corporations under this Code, except that the newspaper notice pertaining to the granting of articles of incorporation shall be substantially the following form: On application of(name and address of each of the incorporators) articles of incorporation have been granted to(name of corporation) by the Honorable(name of judge), Judge of the Superior Court ofCounty, in accordance with the applicable provisions of the Georgia Nonprofit Corporation Code. The registered office of the corporation is located at(address of

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registered office) and its registered (agent) (agents) at such address (is) (are)(name or names of registered gent or agents). The purpose of the corporation is(briefly state the nature of the affairs the corporation is organized to conduct). 22-2704. Effect of Issuance of Certificate of Incorporation. The provisions of Section 22-804 of Part I of this Title shall apply equally to corporations organized under this Code. 22-2705. Organization Meeting of Directors. After the corporate existence has begun, an organization meeting of the board of directors named in the articles of incorporation shall be held, either within or without this State, at the call of any incorporator, for the purpose of adopting by-laws, electing officers and transacting such other business as properly may come before the meeting. The incorporator or incorporators calling the meeting shall give at least three days' notice thereof by mail to each director so named, which notice shall state the time and place of the meeting. 22-2706. By-laws. The initial by-laws of a corporation shall be adopted by its board of directors. The power to alter, amend or repeal the by-laws or adopt new by-laws shall be vested in the board of directors unless otherwise provided in the articles of incorporation or the by-laws. The by-laws may contain any provisions for the regulation and management of the affairs of the corporation not inconsistent with law or the articles of incorporation. 22-2707. By-laws and Other Powers in Emergency. The provisions of Section 22-808 of Part I of this Title shall apply equally to corporations which are subject to this Code. Chapter 28. Amendments of Articles of Incorporation 22-2801. Right to Amend Articles of Incorporation. A corporation may amend its articles of incorporation, from time to time, in any and as many respects as may be desired, so long as the amendment contains only such provisions as might be lawfully contained in original articles of incorporation at the time of making such amendment.

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22-2802. Procedure to Amend Articles of Incorporation. (a) Amendments to the articles of incorporation shall be made in the following manner: (1) If there are members entitled to vote thereon, the board of directors shall adopt a resolution setting forth the proposed amendment and directing that it be submitted to a vote at the meeting of members entitled to vote thereon, which may be either an annual or a special meeting. Written notice setting forth the proposed amendment or a summary of the changes to be effected thereby shall be given to each member entitled to vote at such meeting in accordance with the articles of incorporation, by-laws, or action by the directors as provided in Section 22-2502. The proposed amendment shall be adopted upon receiving at least two-thirds of the votes which members present at such meeting or represented by proxy are entitled to cast. (2) If there are no members, or no members entitled to vote thereon, an amendment shall be adopted at a meeting of the board of directors upon receiving the vote of a majority of the directors then in office. (b) Any number of amendments may be submitted and voted upon at any one meeting. 22-2803. Articles of Amendment. The articles of amendment shall be executed by the corporation as provided in Section 22-2104, and shall set forth: (a) The name of the corporation. (b) The amendment so adopted. (c) If there are members entitled to vote thereon, (1) the date of the meeting of members at which the amendment was adopted, the number of votes which members present at the meeting or represented by proxy were entitled to cast thereon, and the vote for the amendment, or (2) a statement that such amendment was adopted by a consent in writing signed by all members entitled to vote thereon.

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(d) If there are no members, or no members entitled to vote thereon, a statement of such fact, the date of the adoption of the amendment by the board of directors, the number of directors then in office, and the vote for the amendment. 22-2804. Filing of Articles of Amendment. (a) If the purpose or one of the purposes of the articles of amendment is to change the corporate name, the corporation shall obtain from the Secretary of State a certificate which states that the proposed name is available in accordance with Section 22-2301 regarding the corporate name. Such certificate shall be issued upon application to reserve the use of the proposed name in accordance with Section 22-2302 and shall be valid for the period provided therein, including any extension of such period granted by the Secretary of State. Upon the expiration of such period or any extension thereof, the certificate shall become void unless the amendment changing the corporate name shall have become effective within such time. (b) The corporation shall present the articles of amendment to a judge of the superior court as provided in Section 22-905 of Part I of this Title and shall comply with all the provisions of paragraphs (b) through (f) of the aforesaid Section 22-905, except that the newspaper notice relating to the granting of articles of amendment shall be in substantially the following form: Articles of amendment have been granted to(name of corporation) by the Honorable(name of judge), Judge of the Superior Court ofCounty, in accordance with the applicable provisions of the Georgia Nonprofit Corporation Code. The purpose (purposes) of said articles of amendment (is) (are)(here briefly state the purpose of each amendment effected by the articles of amendment). 22-2805. When Amendment Becomes Effective; Effect on Prior Rights. The provisions of Section 22-906 of Part I of this Title shall apply equally to corporations which are subject to this Code.

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22-2806. Restated Articles of Incorporation. The provisions of Section 22-907 of Part I of this Title shall apply equally to corporations which are subject to this Code. Chapter 29. Merger and Consolidation 22-2901. Procedure for Merger. (a) Any two or more domestic corporations may merge into one of such corporations pursuant to a plan of merger approved in the manner provided in this Code. (b) Each corporation shall approve a plan of merger setting forth: (1) The names of the corporations proposing to merge, and the name of the corporation into which they propose to merge, which is hereinafter designated as the surviving corporation. (2) The terms and conditions of the proposed merger. (3) A statement of any changes in the articles of incorporation of the surviving corporation to be effected by such merger. (4) Such other provisions with respect to the proposed merger as are deemed necessary or desirable. 22-2902. Procedure for Consolidation. (a) Any two or more domestic corporations may consolidate into a new corporation pursuant to a plan of consolidation approved in the manner provided in this Code. (b) Each corporation shall approve a plan of consolidation setting forth: (1) The names of the corporations proposing to consolidate, and the name of the new corporation into which they propose to consolidate, which is hereinafter designated as the new corporation. (2) The terms and conditions of the proposed consolidation.

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(3) With respect to the new corporation, all of the statements required to be set forth in articles of incorporation for corporations organized under this Code. (4) Such other provisions with respect to the proposed consolidation as are deemed necessary or desirable. 22-2903. Approval of Merger or Consolidation. (a) A plan of merger or consolidation shall be adopted in the following manner: (1) If the members of any merging or consolidating corporation are entitled to vote thereon, the board of directors of such corporation shall adopt a resolution approving the proposed plan and directing that it be submitted to a vote at a meeting of members entitled to vote thereon, which may be either an annual or a special meeting. Written notice setting forth the proposed plan or a summary thereof shall be given to each member entitled to vote at such meeting in accordance with the articles of incorporation, by-laws, or action by the directors as provided in Section 22-2502. The proposed plan shall be adopted upon receiving at least two-thirds of the votes which members present at each such meeting or represented by proxy are entitled to cast. (2) If any merging or consolidating corporation has no members, or no members entitled to vote thereon, a plan of merger or consolidation shall be adopted at a meeting of the board of directors of such corporation upon receiving the vote of a majority of the directors then in office. (b) After such approval, and at any time prior to the filing of the articles of merger or consolidation, the merger or consolidation may be abandoned pursuant to provisions therefor, if any, set forth in the plan of merger or consolidation. 22-2904. Articles of Merger or Consolidation. (a) Articles of merger or articles of consolidation shall be executed by each corporation as provided in Section 22-2104, and shall set forth:

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(1) The plan of merger or the plan of consolidation, including the proposed name of the surviving or new corporation, which name may be that of any of the merging or consolidating corporations or any other available name permitted under Section 22-2301. (2) If the members of any merging or consolidating corporation are entitled to vote on such plan, then as to each such corporation (A) the date of the meeting of members at which the plan of merger or consolidation was adopted, the number of votes which members present at the meeting or represented by proxy were entitled to cast thereon, and the vote for the plan, or (B) a statement that such plan was adopted by a consent in writing signed by all members entitled to vote thereon. (3) If any merging or consolidating corporation has no members, or no members entitled to vote on such plan, then as to each such corporation a statement of such fact, the date of the adoption of the plan by the board of directors, the number of directors then in office, and the vote for the plan. (b) If the proposed name of the surviving or new corporation is not that of any of the merging or consolidating corporations, any one of those corporations shall obtain from the Secretary of State a certificate which states that such name is available in accordance with Section 22-2301 regarding the corporate name. Such certificate shall be issued upon application to reserve the use of the proposed corporate name as provided in Section 22-2302 and shall be valid for the period provided therein, including any extension of such period granted by the Secretary of State. Upon the expiration of such period or any extension thereof the certificate shall become void unless the merger or consolidation shall have become effective within such time. (c) The merging or consolidating corporations shall present the articles of merger or the articles of consolidation to a judge of the superior court as provided in Section 22-1004 of Part I of this Title and shall comply with all the provisions of paragraphs (c) through (f) inclusive of the

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aforesaid Section 22-1004, except that the newspaper notice relating to the merger or consolidation shall be in substantially the following form: Pursuant to an order of the Honorable(name of judge), Judge of the Superior Court ofCounty, entered in accordance with the applicable provisions of the Georgia Nonprofit Corporation Code, a (merger) (consolidation) has been effected by and between(name and state of corporation of each of the constituent corporations). The name of the (surviving corporation in the merger is) (new corporation resulting from the consolidation is) (set forth the name and state of incorporation of the surviving corporation or new corporation, as the case may be), the registered office of which is located at(address of registered office). 22-2905. Effect of Merger or Consolidation. The provisions of Section 22-1007 of Part I of this Title shall apply equally to corporations which are subject to this Code. 22-2906. Merger or Consolidation of Domestic and Foreign Corporations. (a) One or more foreign corporations and one or more domestic corporations may be merged or consolidated into a corporation of this State or of another jurisdiction, if such merger or consolidation is permitted by the laws of the jurisdiction under which each such foreign corporation is organized. (b) With respect to procedure, including all filing and advertising requirements: (1) Each foreign corporation shall comply with the applicable provisions of the laws of the jurisdiction under which it is organized. (2) Each domestic corporation shall: (A) If the surviving or new corporation is to be either a domestic corporation or a foreign corporation with a registered office in this State, comply with the provisions of this

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Code relating to the merger or consolidation, as the case may be, of domestic corporations. (B) If the surviving or new corporation is to be a foreign corporation without a registered office in this State, present articles of merger or articles of consolidation to the superior court of the county where its registered office is located, and if more than one domestic corporation is merging or consolidating into a foreign corporation such articles shall be presented to the superior court of the county where the registered office of any one of such domestic corporations is located, as agreed by the parties to the merger or consolidation. In all other respects each domestic corporation shall comply with the provisions of this Code relating to the merger or consolidation, as the case may be, of domestic corporations. (c) If the surviving or new corporation, as the case may be, is to be governed by the laws of any jurisdiction other than this State, it shall comply with the provisions of this Code with respect to foreign corporations if it is to transact business in this State, and in every case it shall be deemed to have filed with the Secretary of State of this State: (1) An agreement that it may be served with process in this State in any proceeding for the enforcement of any obligation of any domestic corporation which is a party to such merger or consolidation; and (2) An irrevocable appointment of the Secretary of State of this State as its agent to accept service of process in any such proceeding. (d) If the surviving or new corporation is to be governed by the laws of this State, the effect of such merger or consolidation shall be the same as in the case of the merger or consolidation of domestic corporations. If the surviving or new corporation is to be governed by the laws of any jurisdiction other than this State, the effect of such merger or consolidation shall be the same as in the case of the merger or consolidation of domestic corporations except insofar as the laws of such other jurisdiction provide otherwise.

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(e) At any time prior to the filing of the articles of merger or consolidation, the merger or consolidation may be abandoned pursuant to provisions therefor, if any, set forth in the plan of merger or consolidation. Chapter 30. Sale and Other Disposition of Corporate Assets 22-3001. Secured Transactions and Other Dispositions of Corporate Assets Not Requiring Member Approval. (a) Unless the articles of incorporation or by-laws otherwise provide, the board of directors may authorize any of the following transactions without any vote or consent of the members, even though the corporation be one having members entitled to vote. (1) Any mortgage or pledge of, or creation of a security interest in, or conveyance of title to, all or any part of the property and assets of the corporation of any description, or any interest therein, for the purpose of securing the payment or performance of any contract, note, bond or other obligation of the corporation. (2) Any sale, lease, exchange or other disposition of less than substantially all the property and assets of the corporation. (3) Any sale of all or substantially all the property and assets of the corporation if: (A) The corporation is insolvent and a sale for cash or its equivalent is deemed advisable by the board to meet the liabilities of the corporation, or (B) The corporation was incorporated for the purpose of liquidating such property and assets. (b) Any transaction made as permitted by this section without any vote or consent of the members may be upon such terms and conditions and for such consideration as the board may deem to be in the best interests of the corporation.

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22-3002. Sale, Lease, Exchange, or Other Disposition of Corporate Assets Requiring Member Approval When Corporation Has Voting Members. A sale, lease, exchange or other disposition of all, or substantially all, the property and assets of a corporation, in all cases other than those dealt with in Section 22-3001 regarding secured transactions and other dispositions of corporate assets not requiring member approval, may be made upon such terms and considerations and for such consideration, which may consist in whole or in part of money or property, real or personal, including shares, bonds or other securities of any corporation or corporations for profit, domestic or foreign, as shall be authorized in the following manner: (a) If there are members entitled to vote thereon, the board of directors shall adopt a resolution recommending such sale, lease, exchange or other disposition and directing that it be submitted to a vote at a meeting of members entitled to vote thereon, which may be either an annual or a special meeting. Written notice stating that the purpose, or one of the purposes, of such meeting is to consider the sale, lease, exchange or other disposition of all, or substantially all, the property and assets of the corporation shall be given to each member entitled to vote at such meeting in accordance with the articles of incorporation, bylaws, or action by the directors as provided in Section 22-2502. At such meeting the members may authorize such sale, lease, exchange or other disposition and may approve or fix, or may authorize the board of directors to fix, any or all of the terms and conditions thereof and the consideration to be received by the corporation therefor. Such authorization shall require at least two-thirds of the votes which members present at such meeting or represented by proxy are entitled to cast. After such authorization by a vote of members, the board of directors nevertheless, in its discretion, may abandon such sale, lease, exchange or other disposition of assets, subject to the rights of third parties under any contracts relating thereto, without further action or approval by members. (b) If there are no members, or no members entitled to vote thereon, a sale, lease, exchange or other disposition

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of all, or substantially all, the property and assets of a corporation shall be authorized upon receiving the vote of a majority of the directors then in office. Chapter 31. Dissolution of Corporations 22-3101. Voluntary Dissolution by Incorporators or Directors Before Conducting Affairs. (a) At any time after the date of the issuance by the Secretary of State of its certificate of incorporation, a corporation which has not commenced to conduct affairs may be voluntarily dissolved in the manner provided in this section (1) Before the organization meeting of the directors named in the articles of incorporation, by the incorporator or, if there be more than one incorporator, then by two-thirds of the incorporators, and (2) At or after the organization meeting of said directors, by two-thirds of the directors. (b) Articles of dissolution shall be executed by the incorporator or two-thirds of the incorporators or by two-thirds of the directors, as the case may be, and shall set forth: (1) The name of the corporation. (2) The date of issuance of its certificate of incorporation. (3) That the corporation has not commenced to conduct affairs. (4) That no debts of the corporation remain unpaid. (5) That the incorporator or two-thirds of the incorporators or two-thirds of the directors, as the case may be, elect that the corporation be dissolved. (c) The articles of dissolution shall be filed and shall become effective as provided in Section 22-3107. 22-3102. Voluntary Dissolution After Conducting Affairs. (a) A corporation which has commenced to conduct

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affairs may dissolve and wind up its affairs in the following manner: (1) If there are members entitled to vote thereon, the board of directors shall adopt a resolution recommending that the corporation be dissolved and directing that the question of such dissolution be submitted to a vote at a meeting of members entitled to vote thereon, which may be either an annual or a special meeting. Written notice stating that the purpose, or one of the purposes, of such meeting is to consider the advisability of dissolving the corporation shall be given to each member entitled to vote at such meeting in accordance with the articles of incorporation, bylaws, or action by the directors as provided in Section 22-2502. A resolution to dissolve the corporation shall be adopted upon receiving at least two-thirds of the votes which members present at such meeting or represented by proxy are entitled to cast. (2) If there are no members, or no members entitled to vote, the dissolution of the corporation shall be authorized at a meeting of the board of directors upon the adoption of a resolution to dissolve by the vote of a majority of the directors then in office. (b) Upon the adoption by the members or by the board of directors, as the case may be, of a resolution to dissolve the corporation, the corporation shall cease to conduct its affairs except insofar as may be necessary for the winding up of such affairs, shall immediately cause a notice of the proposed dissolution to be mailed to each known creditor of the corporation, and shall proceed to collect its assets and apply and distribute them as provided in Section 22-3103. 22-3103. Distribution of Assets. The assets of a corporation in the process of dissolution shall be applied and distributed as follows: (a) All liabilities and obligations of the corporation shall be paid and discharged, or adequate provisions shall be made therefor.

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(b) Assets held by the corporation upon condition requiring return, transfer or conveyance, which condition occurs by reason of the dissolution, shall be returned, transferred or conveyed in accordance with such requirements. (c) Assets received and held by the corporation subject to limitations permitting their use only for charitable, religious, eleemosynary, benevolent, educational or similar purposes, but not held upon a condition requiring return, transfer or conveyance by reason of the dissolution, shall be transferred or conveyed to one or more domestic or foreign corporations, trusts, societies or organizations engaged in activities substantially similar to those of the dissolving corporation, pursuant to a plan of distribution adopted as provided in Section 22-3104. (d) Other assets, if any, shall be distributed in accordance with the provisions of the articles of incorporation or the by-laws to the extent that the articles of incorporation or by-laws determine the distributive rights of members, or any class or classes of members, or provide for distribution of others. (e) Any remaining assets may be distributed to such persons, trusts, societies, organizations or domestic or foreign corporations, whether for profit or not for profit, as may be specified in a plan of distribution adopted as provided in Section 22-3104. 22-3104. Plan of Distribution. A plan providing for the distribution of assets, not inconsistent with the provisions of this Code, may be adopted by a corporation in the process of dissolution and shall be adopted by a corporation for the purpose of authorizing any transfer or conveyance of assets for which Section 22-3103 requires a plan of distribution, in the following manner: (a) If there are members entitled to vote thereon, the board of directors shall adopt a resolution recommending a plan of distribution and directing the submission thereof to a vote at a meeting of members entitled to vote thereon, which may be either an annual or a special meeting. Written

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notice setting forth the proposed plan of distribution or a summary thereof shall be given to each member entitled to vote at such meeting in accordance with the articles of incorporation, by-laws, or action by the directors as provided in Section 22-2502. Such plan of distribution shall be adopted upon receiving at least two-thirds of the votes which members present at such meeting or represented by proxy are entitled to cast. (b) If there are no members, or no members entitled to vote thereon, a plan of distribution shall be adopted at a meeting of the board of directors upon receiving the vote of a majority of the directors then in office. 22-3105. Revocation of Voluntary Dissolution Proceedings. (a) A corporation may, at any time prior to the filing of an order dissolving the corporation with the clerk of the superior court as provided in Section 22-3107, revoke the action theretofore taken to dissolve the corporation, in the following manner: (1) If there are members entitled to vote thereon, the board of directors shall adopt a resolution recommending that the voluntary dissolution proceedings be revoked, and directing that the question of such revocation be submitted to a vote at a meeting of members entitled to vote thereon, which may be either an annual or a special meeting. Written notice stating that the purpose, or one of the purposes, of such meeting is to consider the advisability of revoking the voluntary dissolution proceedings shall be given to each member entitled to vote at such meeting in accordance with the article of incorporation, by-laws, or action by the directors as provided in Section 22-2502. A resolution to revoke the voluntary dissolution proceedings shall be adopted upon receiving at least two-thirds of the votes which members present at such meeting or represented by proxy are entitled to cast. (2) If there are no members, or no members entitled to vote thereon, a resolution to revoke the voluntary dissolution proceedings shall be adopted at a meeting of the board of directors upon receiving the vote of a majority of the directors then in office.

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(b) Upon the adoption by the members or by the board of directors, as the case may be, of the resolution to revoke the voluntary dissolution proceedings, the corporation thereupon again may conduct its affairs. 22-3106. Articles of Dissolution. If voluntary dissolution proceedings have not been revoked, then when all debts, liabilities and obligations of the corporation shall have been paid and discharged, or adequate provision has been made therefor, and all of the remaining property and assets of the corporation shall have been transferred, conveyed or distributed in accordance with the provisions of this Code, articles of dissolution shall be executed by the corporation as provided in Section 22-2104, which articles shall set forth: (a) The name of the corporation. (b) If there are members entitled to vote thereon, (1) the date of the meeting of members at which the resolution to dissolve was adopted, the number of votes which members present at the meeting or represented by proxy were entitled to cast thereon, and the vote for the resolution, or (2) a statement that such a resolution was adopted by a consent in writing signed by all members entitled to vote thereon. (c) If there are no members, or no members entitled to vote thereon, a statement of such fact, the date of the adoption of such resolution by the board of directors, the number of directors then in office, and the vote for the resolution. (d) That all debts, obligations and liabilities of the corporation have been paid and discharged or that adequate provision has been made therefor. (e) A copy of the plan of distribution, if any, as adopted by the corporation, or a statement that no such plan was adopted. (f) That all the remaining property and assets of the corporation have been transferred, conveyed or distributed in accordance with the provisions of this Code.

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(g) That there are no suits pending against the corporation in any court, or that adequate provision has been made for the satisfaction of any judgment, order or decree which may be entered against it in any pending suit. 22-3107. Filing of Articles of Dissolution. (a) The corporation shall cause its articles of dissolution to be presented to a judge of the superior court for the county where the registered office of the corporation is situated in like manner as if it were an original articles of incorporation. The judge shall examine the same and, if found to be lawful, shall enter an order declaring the articles of dissolution granted. (b) The corporation shall thereupon cause to be delivered the original articles of dissolution, with the order of the judge thereon, and two conformed copies of such articles and order of the judge to the clerk of the superior court, together with a fee of fifteen dollars. (c) Upon compliance with the provisions of paragraph (b) of this section the clerk shall file one copy of the articles of dissolution and the order of the judge thereon, shall note thereon the date of such filing, and shall forthwith furnish to the corporation the original and one certified copy of the articles of dissolution, the order of the judge thereon, and the filing of the clerk thereon, and receipt for the costs which have been paid to the clerk. (d) The corporation shall cause said original and certified copy to be delivered to the Secretary of State, who shall retain the original and shall attach to the certified copy a certificate stating that the articles of dissolution have been granted on the date named in the order of the judge and that the original articles of dissolution have been duly filed in the office of the Secretary of State and the fees paid therefor, as provided by law. The Secretary of State shall issue the certificate with the certified copy of the articles of dissolution attached thereto to the corporation or its attorney. (e) Upon the filing of the order of the judge with the clerk of the superior court in accordance with paragraph

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(c) of this section, the existence of the corporation shall cease, except for the purpose of suits, other proceedings and appropriate corporate action by members, directors and officers as provided in Section 22-3119. 22-3108. Involuntary Dissolution in Action by Attorney General. The provisions of Section 22-1314 of Part I of this Title shall apply equally to corporations which are subject to this Code. 22-3109. Notification to Attorney General. The provisions of Section 22-1315 of Part I of this Title shall apply equally to corporations which are subject to this Code. 22-3110. Venue and Service of Process in Actions by Attorney General. The provisions of Section 22-1316 of Part I of this Title shall apply equally to corporations which are subject to this Code. 22-3111. Jurisdiction of Court to Liquidate Assets and Affairs of Corporation. (a) The superior courts shall have full power to liquidate the assets and affairs of a corporation: (1) In an action by a member or director when it is established: (A) That the directors are deadlocked in the management of the corporate affairs and the members are unable to break the deadlock or there are no members having voting rights, that irreparable injury to the corporation is being suffered or is threatened by reason thereof, and that it is impracticable for the court to appoint a provisional director as provided in Section 22-2603 or to continue one in office; or (B) That the acts of the directors or those in control of the corporation are illegal or fraudulent; or (C) That the members entitled to vote in the election of directors are deadlocked in voting power, and have failed, for a period which includes at least two consecutive annual

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meeting dates, to elect successors to directors whose terms have expired or would have expired upon the election of their successors; or (D) That the corporate assets are being misapplied or wasted; or (E) That the corporation is unable to carry out its purposes. (2) In an action by a creditor: (A) When the claim of the creditor has been reduced to judgment and an execution thereon returned unsatisfied and it is established that the corporation is insolvent; or (B) When the corporation has admitted in writing that the claim of the creditor is due and owing and it is established that the corporation is insolvent. (3) Upon application by a corporation to have its dissolution continued under the supervision of the court. (4) When an action has been filed by the Attorney General to dissolve a corporation and it is established that liquidation of its affairs should precede the entry of a decree of dissolution. (b) Proceedings under subparagraphs (a) (1), (a) (2) or (a) (3) of this section shall be brought in the county in which the registered office of the corporation is situated. (c) It shall not be necessary to make directors or members parties to any such action or proceeding unless relief is sought against them personally. 22-3112. Procedure in Liquidation of Corporation by Court. (a) In proceedings to liquidate the assets and affairs of a corporation the court shall have power to issue injunctions, to appoint a receiver or receivers pendente lite, with such powers and duties as the court, from time to time, may direct, and to take such other proceedings as may be

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requisite to preserve the corporate assets wherever situated and carry on the affairs of the corporation until a full hearing can be had. (b) After a hearing had upon such notice as the court may direct to be given to all parties to the proceedings and to any other parties in interest designated by the court, the court may appoint a liquidating receiver or receivers with authority to collect the assets of the corporation. Such liquidating receiver or receivers shall have authority, subject to the order of the court, to sell, convey and dispose of all or any part of the assets of the corporation wherever situated, either at public or private sale. The order appointing such liquidating receiver or receivers shall state their powers and duties. Such powers and duties may be increased or diminished at any time during the proceedings. (c) The assets of the corporation or the proceeds resulting from a sale, conveyance or other disposition thereof shall be applied and distributed as follows: (1) All costs and expenses of the court proceedings and all liabilities and obligations of the corporation shall be paid, satisfied and discharged, or adequate provision shall be made therefor. (2) Assets held by the corporation upon condition requiring return, transfer or conveyance, which condition occurs by reason of the dissolution or liquidation, shall be returned, transferred or conveyed in accordance with such requirement. (3) Assets received and held by the corporation subject to limitations permitting their use only for charitable, religious, eleemosynary, benevolent, educational or similar purposes, but not held upon a condition requiring return, transfer or conveyance by reason of the dissolution or liquidation, shall be transferred or conveyed to one or more domestic or foreign corporations, trusts, societies or organizations engaged in activities substantially similar to those of the dissolving or liquidating corporation as the court may direct.

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(4) Other assets, if any, shall be distributed in accordance with the provisions of the articles of incorporation or the by-laws to the extent that the articles of incorporation or the by-laws determine the distributive rights of members, or any class or classes of members, or provide for distribution to others. (5) Any remaining assets may be distributed to such persons, trusts, societies, organizations or domestic or foreign corporations, whether for profit or not for profit, specified in the plan of distribution adopted as provided in Section 22-3104, or where no plan of distribution has been adopted, as the court may direct. (d) The court shall have power to allow from time to time as expenses of the liquidation compensation to the receiver or receivers and to attorneys in the proceedings, and to direct the payment thereof out of the assets of the corporation or the proceeds of any sale or disposition of such assets. (e) A receiver of a corporation appointed under the provisions of this section shall have authority to sue and defend in all courts in his own name as receiver of such corporation. The court appointing such receiver shall have exclusive jurisdiction of the corporation and its property, wherever situated. 22-3113. Qualifications of Receivers. A receiver shall in all cases be a citizen of the United States or a corporation for profit authorized to act as receiver, which corporation may be a domestic corporation or a foreign corporation authorized to transact business in this State, and shall in all cases give such bond as the court may direct with such sureties as the court may require. 22-3114. Filing of Claims in Liquidating Proceedings. The provisions of Section 22-1320 of Part I of this Title shall apply equally to corporations which are subject to this Code. 22-3115. Discontinuance of Liquidation Proceedings. The liquidation of the assets and affairs of a corporation

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may be discontinued at any time during the liquidation proceedings when it is established that cause for liquidation no longer exists. In such event the court shall dismiss the proceedings and direct the receiver to redeliver to the corporation all its remaining property and assets. 22-3116. Decree of Involuntary Dissolution. In proceedings to liquidate the assets and affairs of a corporation, when the costs and expenses of such proceedings and all debts, obligations and liabilities of the corporation shall have been paid and discharged, or adequate provision has been made therefor, and all of its remaining property and assets distributed in accordance with the provisions of this Code or deposited with the State Treasurer as provided in Section 22-3118, or in case its property and assets are not sufficient to satisfy and discharge such costs, expenses, debts and obligations, all the property and assets have been applied so far as they will go to their payment, the court shall enter a decree dissolving the corporation, and upon the filing of such decree with the clerk of the court the existence of the corporation shall cease. 22-3117. Filing of Decree of Involuntary Dissolution. The provisions of Section 22-1323 of Part I of this Title shall apply equally to corporations which are subject to this Code. 22-3118. Deposits with State Treasurer. In the absence of a plan of distribution containing a provision to the contrary, upon the voluntary or involuntary dissolution of a corporation the portion of the assets distributable to any person who is unknown or cannot be found, or who is under disability and there is no person legally competent to receive such distributive portion, shall be reduced to cash and deposited with the State Treasurer and shall be paid over to such person or to his legal representative upon proof satisfactory to the State Treasurer of his right thereto. After the State Treasurer has held the unclaimed cash for six months, he shall pay such cash to the Board of Regents of the University System of Georgia, to be held without liability for profit or interest until a claim for such cash shall be filed with the State Treasurer by the parties entitled

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thereto. No such claim shall be made more than six years after such cash is deposited with the State Treasurer. 22-3119. Survival of Remedy After Dissolution. The dissolution of a corporation in any manner, except by a decree of court when the court has supervised the liquidation of the assets and affairs of the corporation as provided in this Code, shall not take away or impair any remedy available to or against such corporation, its directors, officers, or members, for any right or claim existing, or any liability incurred, prior to such dissolution if action or other proceeding thereon is pending on the date of such dissolution or is commenced within two years after the date of such dissolution. Any such action or proceeding by or against the corporation may be prosecuted or defended by the corporation in its corporate name. The members, directors and officers shall have power to take such corporate or other action as shall be appropriate to protect such remedy, right or claim. 22-3120. Revivor After Dissolution by Expiration of Period of Duration. The provisions of Section 22-1326 of Part I of this Title shall apply equally to corporations which are subject to this Code. Chapter 32. Foreign Corporations 22-3201. Admission of Foreign Corporation. (a) No foreign corporation shall have the right to conduct affairs in this State until it shall have procured a certificate of authority so to do from Secretary of State. No foreign corporation shall be entitled to procure a certificate of authority under this Code to conduct in this State any affairs which a corporation organized under this Code is not permitted to conduct. A foreign corporation shall not be denied a certificate of authority by reason of the fact that the laws of the jurisdiction under which such corporation is organized governing its organization and internal affairs differ from the laws of this State, and nothing in this Code contained shall be construed to authorize this State to regulate the organization or the internal affairs of such corporation. (b) Without excluding other activities which may not constitute conducting affairs in this State, a foreign corporation

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shall not be considered to be conducting affairs in this State, for the purpose of qualification under this Code, solely by reason of carrying on in this State any one or more of the following activities: (1) Maintaining or defending any action or suit or any administrative or arbitration proceeding, or effecting the settlement thereof or the settlement of claims or disputes. (2) Holding meetings of its directors or members or carrying on other activities concerning its internal affairs. (3) Maintaining bank accounts, share accounts in savings and loan associations, custodian or agency arrangements with a bank or trust company, or stock or bond brokerage accounts. (4) Making loans, or creating or acquiring evidences of debt, mortgages or liens on real or personal property, or recording same. (5) Securing or collecting debts or enforcing any rights in property securing the same. (6) Soliciting funds in interstate or foreign commerce. (7) Making grants. (8) Distributing information to its members or to the public. (9) Conducting an isolated transaction not in the course of a number of repeated transactions of like nature. (c) The provisions of this section shall not be deemed to establish a standard for activities which may subject a foreign corporation to service of process under any of the laws of this State. 22-3202. Powers of Foreign Corporation. A foreign corporation which shall have received a certificate of authority under this Code shall, until a certificate of revocation

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or of withdrawal shall have been issued as provided in this Code, enjoy the same, but no greater, rights and privileges as a domestic corporation organized for the purposes set forth in the application pursuant to which such certificate of authority is issued; and, except as in this Code otherwise provided, shall be subject to the same duties, restrictions, penalties and liabilities now or hereafter imposed upon a domestic corporation of like character. 22-3203. Corporate Name of Foreign Corporations. (a) No certificate of authority shall be issued to a foreign corporation unless the corporate name shall be written in Roman or cursive letters or Arabic or Roman numbers and: (1) Shall contain the word corporation, company, incorporated or limited, or shall contain an abbreviation of one of such words. (2) Shall not contain any word or phrase which indicates or implies: (A) That the corporation is organized for any purpose other than one or more of the purposes permitted by its articles of incorporation. (B) That the corporation is organized by, affiliated with, or sponsored by, any fraternal, veterans', service, religious, charitable, or professional organization, unless that fact is certified in writing in a manner satisfactory to the Secretary of State by the organization with which affiliation or sponsorship is claimed. (3) Shall not be the same as or confusingly similar to: (A) The name of any corporation, whether for profit or not for profit, existing under the laws of this State. (B) The name of any foreign corporation, whether for profit or not for profit, authorized to transact business or conduct affairs in this State. (C) A name the exclusive right to which is, at the time, reserved in the manner provided in this Code or in the Georgia Business Corporation Code.

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(D) The name of a corporation which has in effect a registration of its corporate name as provided in the Georgia Business Corporation Code. (E) Any name prohibited by any other law of this State. (b) Whenever a foreign corporation is unable to obtain a certificate of authority to conduct affairs in this State because its corporate name does not comply with the provisions of subparagraphs (a) (3) (A) through (a) (3) (D) of this section, it may nonetheless apply for authority to conduct affairs in this State by adding to its corporate name in such application a word, abbreviation or other distinctive and distinguishing element, such as, for example, the name of the state of its incorporation in parentheses. If in the judgment of the Secretary of State the corporate name with such addition would comply with the provisions of subparagraphs (a) (3) (A) through (a) (3) (D) of this section, said subparagraphs shall not be a bar to the issuance to such corporation of a certificate of authority to conduct affairs in this State. In such case, any such certificate issued to such foreign corporation shall be issued in its corporate name with such additions and the corporation shall use such corporate name with such additions in all its dealings with the Secretary of State and in the conduct of its affairs in this State. (c) Nothing in this section shall: (1) Prevent the use of the name of any corporation, whether domestic or foreign, by another corporation where the first corporation has consented to such use and the name of the second corporation contains other words or characters which distinguish it from the name of the first corporation. (2) Require any corporation qualified or domesticated on the effective date of this Code to add to, modify or otherwise change its corporate name in order to maintain its qualified or domesticated status. 22-3204. Change of Name by Foreign Corporation. Whenever a foreign corporation which is authorized to conduct affairs in this State shall change its name, such corporation

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shall, within thirty days after such change becomes effective, file an application for an amended certificate of authority in accordance with Section 22-3213. If the corporation fails to file said application, or if the name to which it has changed would be unavailable to the corporation on an original application for a certificate of authority, the certificate of authority of such corporation shall be suspended and it shall not thereafter conduct any affairs in this State until it has filed said application or has changed its name to a name which is available to it under the laws of this State. 22-3205. Application for Certificate of Authority. (a) A foreign corporation, in order to procure a certificate of authority to conduct affairs in this State, shall make application therefor to the Secretary of State, which application shall set forth: (1) The name of the corporation and the jurisdiction under the laws of which it is incorporated. (2) If the name of the corporation does not comply with Section 22-3203, relating to the corporate name, then the name of the corporation with the word or abbreviation or other distinctive and distinguishing element which it elects to add thereto for use in this State. (3) The date of incorporation and the period of duration of the corporation. (4) The address of the principal office of the corporation in the jurisdiction under the laws of which it is incorporated. (5) The address of the proposed registered office of the corporation in this State, and the name of its proposed registered agent or agents in this State at such address. (6) A brief statement of the purpose or purposes of the corporation which it proposes to pursue in the conduct of affairs in this State.

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(7) The names and respective addresses of the four principal officers of the corporation. (8) Such additional information as may be necessary or appropriate in order to enable the Secretary of State to determine whether such corporation is entitled to a certificate of authority to conduct affairs in this State. (b) Such application shall be made on forms prescribed and furnished by the Secretary of State and shall be executed by the corporation by its president or a vice president or by its secretary or an assistant secretary. 22-3206. Filing of Application for Certificate of Authority. (a) The application of the corporation for a certificate of authority shall be delivered to the Secretary of State for filing as provided in Section 22-2105, together with a copy of its articles of incorporation and all amendments thereto or in lieu thereof, if provided for by its jurisdiction of incorporation, a copy of its latest restated, composite or consolidated articles of incorporation and all amendments subsequent thereto, duly authenticated by the proper officer of its jurisdiction of incorporation, together with a translation into English verified by the translator if the original is written in a foreign language. (b) Upon filing said application, the Secretary of State shall issue and deliver to the corporation or its representative a certificate of authority to conduct affairs in this State. 22-3207. Effect of Certificate of Authority. Upon the issuance of a certificate of authority by the Secretary of State, the corporation shall be authorized to conduct affairs in this State for those purposes set forth in its application. Such authority shall continue so long as the corporation retains its authority to conduct such affairs in its jurisdiction of incorporation, and so long as its authority to conduct affairs in this State has not been suspended, revoked or surrendered as provided in this Code. 22-3208. Registered Office and Registered Agents of Foreign Corporations. (a) Each foreign corporation authorized

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to conduct affairs in this State shall have and continuously maintain in this State: (1) A registered office which may be, but need not be the same as its principal office in this State; and (2) A registered agent or agents, which agent or agents may be an individual or individuals resident in this State whose business office is identical with such registered office. (b) The Secretary of State shall maintain current records, alphabetically arranged by corporate name, of the address of each corporation's registered office, and of the name and address of each corporation's registered agent or agents. 22-3209. Change of Registered Office or Registered Agent of Foreign Corporation. (a) A foreign corporation authorized to conduct affairs in this State may change its registered office or change its registered agent, or both, upon filing in the office of the Secretary of State a statement setting forth: (1) The name of the corporation. (2) The address of its then registered office. (3) If the address of its registered office is to be changed, the new address of the registered office. (4) The name or names of its then registered agent or agents. (5) If its registered agent or agents are to be changed, the name or names of its successor registered agent or agents. (6) That the address of its registered office and the address of the business office of its registered agent or agents, as changed, will be identical.

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(b) Such statement shall be executed by an officer of the corporation and delivered to the Secretary of State. If the Secretary of State finds that such statement conforms to the provisions of this Code, he shall file such statement in his office, and upon such filing the change of address of the registered office or the change of the registered agent or agents, or both, as the case may be, shall become effective. (c) Any registered agent of a foreign corporation may resign as such agent upon filing a written notice thereof with the Secretary of State. The appointment of such agent shall terminate upon the expiration of thirty days after receipt of such notice by the Secretary of State. There shall be attached to such notice an affidavit of such agent, if an individual, or of an officer thereof, if a corporation, that at least ten days prior to the date of filing such notice a written notice of the agent's intention to resign was mailed or delivered to a representative or agent of the corporation for which such agent was acting other than the resigning registered agent. (d) A registered agent may change his business address and the address of the registered office of any corporation of which he is registered agent to another place within the same county by filing a statement as required in paragraph (a) of this section except that it need be signed only by the registered agent and need not be responsive to subparagraph (a) (5) of this section and must recite that a copy of the statement has been mailed or delivered to a representative or agent of each such corporation other than the notifying registered agent. 22-3210. Service of Process on Foreign Corporation Authorized to Conduct Affairs. (a) Each registered agent so appointed by a foreign corporation authorized to conduct affairs in this State shall be an agent of such corporation upon whom any process, notice or demand required or permitted by law to be served upon the corporation may be served in the manner provided by law for the service of a summons and complaint, as if the registered agent were a defendant.

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(b) Whenever a foreign corporation authorized to conduct affairs in this State shall fail to appoint or maintain a registered agent in this State, or whenever any such registered agent cannot with reasonable diligence be found at the registered office, or whenever the certificate of authority of a foreign corporation shall be suspended or revoked, then the Secretary of State shall be an agent of such corporation upon whom any such process, notice, or demand may be served. Service on the Secretary of State of any such process, notice, or demand shall be made by delivering to and leaving with him, or with any person having charge of the corporation department of his office, or with any other person or persons designated by the Secretary of State to receive such service, duplicate copies of such process, notice or demand. In the event any such process, notice or demand is served on the Secretary of State, he shall immediately cause one of such copies thereof to be forwarded by registered or certified mail, addressed to the corporation at its principal office in the state or country under the laws of which it is incorporated. Any service so had on the Secretary of State shall be answerable in not less than thirty days. (c) The Secretary of State shall keep a record of all processes, notices and demands served upon him under this section, and shall record therein the time of such service and his action with reference thereto. (d) Nothing herein contained shall limit or affect the right to serve any process, notice or demand, required or permitted by law to be served upon a corporation in any other manner now or hereafter permitted by law. 22-3211. Amendment to Articles of Incorporation of Foreign Corporation. Whenever the articles of incorporation of a foreign corporation authorized to conduct affairs in this State are amended, such foreign corporation shall, within thirty days after such amendment becomes effective, file in the office of the Secretary of State a copy of such amendment or in lieu thereof, if provided for by its jurisdiction of incorporation, a copy of its restated, composite or consolidated articles of incorporation reflecting such

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amendment, duly authenticated by the proper officer of its jurisdiction of incorporation, together with a translation into English verified by the translator if the original is written in a foreign language; but the filing thereof shall not of itself enlarge or alter the purpose or purposes which such corporation is authorized to pursue in the conduct of affairs in this State, nor authorized such corporation to conduct affairs in this State under any other name than the name set forth in its certificate of authority. 22-3212. Merger of Foreign Corporation Authorized to Conduct Affairs in This State. Whenever a foreign corporation authorized to conduct affairs in this State shall be a party to a statutory merger permitted by the laws of its jurisdiction of incorporation, and such corporation shall be the surviving corporation, it shall, within thirty days after such merger becomes effective, file with the Secretary of State a copy of the articles or agreement of merger duly authenticated by the proper officer of the jurisdiction under the laws of which such statutory merger was effected, together with a translation into English verified by the translator if the original is written in a foreign language; and it shall not be necessary for such corporation to procure either a new or amended certificate of authority to conduct affairs in this State unless the name of such corporation be changed thereby or unless the corporation desires to pursue in this State other or additional purposes than those which it is then authorized to pursue in this State. 22-3213. Amended Certificate of Authority. (a) A foreign corporation authorized to conduct affairs in this State shall make application to the Secretary of State for an amended certificate of authority within thirty days after it: (1) Changes its corporate name; or (2) Enlarges, limits or otherwise changes the purpose or purposes of the corporation which it proposes to pursue in the conduct of affairs in this State. (b) Such application shall be made on forms prescribed by the Secretary of State and shall be executed and filed in

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the same manner as an original application for a certificate of authority, and shall set forth: (1) The name of the corporation as it appears in its original application for a certificate of authority, and the jurisdiction under the laws of which it is incorporated. (2) The proposed amendment to its certificate of authority. (3) If the amendment includes a change of name, a statement that the change of name has been effected under the laws of its jurisdiction of incorporation. (4) If the amendment enlarges, limits or otherwise changes the affairs which it proposes to conduct in this State, a statement that it is authorized to conduct such affairs in its jurisdiction of incorporation. (c) The issuance of an amended certificate of authority shall be governed by the same provisions and the effect of its issuance shall be the same as in the case of an original application for a certificate of authority. 22-3214. Withdrawal of Foreign Corporation. (a) A foreign corporation authorized to conduct affairs in this State may withdraw from this State upon procuring from the Secretary of State a certificate of withdrawal. In order to procure such certificate of withdrawal, such foreign corporation shall deliver to the Secretary of State an application for withdrawal, which may set forth: (1) The name of the corporation and the jurisdiction under the laws of which it is incorporated. (2) That the corporation is not conducting affairs in this State. (3) That the corporation surrenders its authority to conduct affairs in this State. (4) That the corporation revokes the authority of its registered agent in this State to accept service of process

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and consents that service of process in any action, suit or proceeding based upon any cause of action that accrued in this State during the time the corporation was authorized to conduct affairs in this State thereafter may be made on such corporation by service thereof on the Secretary of State. (5) A post-office address to which the Secretary of State may mail a copy of any process against the corporation that may be served on him. (b) The application for withdrawal shall be made on forms prescribed and furnished by the Secretary of State and shall be executed by the corporation by its president or a vice president or by its secretary or an assistant secretary. If the corporation is in the hands of a receiver or trustee, said application shall be executed on behalf of the corporation by such receiver or trustee. 22-3215. Filing of Application and Issuance of Certificate of Withdrawal. (a) The application for withdrawal shall be delivered to the Secretary of State for filing as provided in Section 22-2105. Upon filing said application, the Secretary of State shall issue and deliver to the corporation or its representative a certificate of withdrawal. (b) Upon the issuance of such certificate of withdrawal, the authority of the corporation to conduct affairs in this State shall cease. 22-3216. Termination of Existence. (a) When a foreign corporation authorized to conduct affairs in this State is dissolved or its authority or existence is otherwise terminated or cancelled in its jurisdiction of incorporation or when such foreign corporation is merged into or consolidated with another foreign corporation, the corporation or its successor, receiver or trustee shall deliver for filing with the Secretary of State a certificate of the appropriate official of its jurisdiction of incorporation attesting to the occurrence of any such event or an order or decree of a court of such jurisdiction directing the dissolution of such foreign corporation, the termination of its existence or the

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cancellation of its authority, together with a statement of the post office address to which the Secretary of State may mail a copy of any process against the corporation that may be served on him. (b) The filing of such certificate or judgment shall be done in the same manner and shall have the same effect as the filing of an application for withdrawal and the Secretary of State shall issue a certificate of withdrawal thereon which shall be returned to the corporation or its representative. Upon the issuance of such certificate of withdrawal, the authority of the corporation to conduct affairs in this State shall cease. (c) Upon the issuance of such certificate of withdrawal the Secretary of State shall be the agent of the foreign corporation upon whom any process, notice or demand may be served in any action or proceeding based upon any cause of action accruing in this State prior to the issuance of such certificate. Such service and the action thereon shall be the same as provided herein in other cases where the Secretary of State is agent for service. 22-3217. Revocation of Certificate of Authority. (a) The certificate of authority of a foreign corporation to conduct affairs in this State may be revoked by the Secretary of State upon the conditions prescribed in this section when: (1) The corporation has failed to file its annual report to the Secretary of State within the time required by Section 22-3302, or has failed to pay any fees or penalties prescribed by this Code when they have become due and payable; or (2) The corporation has failed to appoint and maintain a registered agent in this State as required by Section 22-3208; or (3) The corporation has failed, after change of its registered office or registered agent, to file in the office of the Secretary of State a statement of such change as required by Section 22-3209; or

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(4) The corporation has failed to file in the office of the Secretary of State any amendment to its articles of incorporation or any articles of merger within the time prescribed by Section 22-3211 and 22-3212; or (5) The corporation has failed to make application to the Secretary of State for an amended certificate of authority under the circumstances and within the time prescribed by Section 22-3213; or (6) A misrepresentation has been made of any material matter in any application, report, affidavit, or other document submitted by such corporation pursuant to this Code. (b) No certificate of authority of a foreign corporation shall be revoked by the Secretary of State unless (1) he shall have given the corporation not less than sixty days' notice thereof by mail addressed to its registered office in this State or, if the corporation has no such registered office, to its last known address either within or without this State as shown by the records of the Secretary of State, and (2) the corporation shall fail prior to revocation to file such annual report, or pay such fees or penalties, or appoint and maintain such registered agent, or file the required statement of change of registered agent or registered office, or file such articles of amendment or articles of merger, or make application for such amended certificate of authority, or correct such misrepresentation. 22-3218. Issuance of Certificate of Revocation. (a) Upon revoking any such certificate of authority, the Secretary of State shall: (1) Issue a certificate of revocation in duplicate. (2) File one of such certificates in his office. (3) Mail to such corporation at its registered office in this State or, if the corporation has no such registered office, at its last known address either within or without this State as shown by the records of the Secretary of State, a notice of such revocation accompanied by one of such certificates.

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(b) Upon issuance of such certificate of revocation, the authority of the corporation to conduct affairs in this State shall cease. 22-3219. Application to Undomesticated Foreign Corporations Heretofore Authorized to Conduct Affairs in This State. Undomesticated foreign corporations which have complied with Georgia Laws 1946, p. 687 (Ga. Code Ann. Section 22-1506), at the time this Code takes effect, and which pursue in this State a purpose or purposes for which a corporation might secure a certificate of authority under this Code, shall be entitled to all the rights and privileges applicable to foreign corporations procuring certificates of authority to conduct affairs in this State under this Code, and from the time this Code takes effect each corporation shall be subject to all the limitations, restrictions, liabilities, and duties prescribed herein for foreign corporations procuring certificates of authority to conduct affairs in this State under this Code. 22-3220. Application to Foreign Corporations Heretofore Domesticated. (a) A foreign corporation which prior to the effective date of this Code has domesticated in this State under the procedure available prior to this Code and which is a domesticated foreign corporation on the effective date hereof shall have perpetual duration as a domesticated foreign corporation of this State unless its existence is terminated in its jurisdiction of incorporation, or its domesticated status is dissolved in accordance with the provisions of this Code relating to involuntary dissolution, or until such time as it withdraws from this State in the manner provided in this Code. Such domesticated foreign corporations and the members thereof shall have all the rights, privileges and immunities, and be subject to all the duties, liabilities and disabilities, applicable to similar corporations organized under the laws of this State and applicable to the members thereof, except as may be provided with respect to such domesticated foreign corporations by any of the laws of this State existing on the effective date of this Code or coming into existence hereafter. (b) Whenever the term foreign corporation authorized to conduct affairs in this State is used in this Code, it shall

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be deemed to include domesticated foreign corporations except where the context or this section otherwise requires. 22-3221. Conducting Affairs Without Certificate of Authority . (a) A foreign corporation that under this Code is required to obtain a certificate of authority but fails to do so shall be liable to this State, for the years or parts thereof during which it conducted affairs in this State without a certificate of authority, in an amount equal to all fees which would have been imposed by this Code upon such corporation had it duly applied for and received a certificate of authority to conduct affairs in this State as required by this Code and thereafter filed all reports required by this Code, plus all penalties imposed by this Code. The Attorney General, at the direction of the Secretary of State, shall bring proceedings in the name of the State to recover all amounts due this State under the provisions of this section. (b) No foreign corporation that under this Code is required to obtain a certificate of authority shall be permitted to maintain any action, suit or proceeding in any court of this State unless either before or after commencement of the action it shall have obtained such a certificate. Nor shall any action, suit or proceeding be maintained in any court of this State by any foreign corporation that is the successor or assignee of such corporation on any right, claim or demand arising out of the conduct of affairs by such corporation in this State unless either before or after commencement of the action a certificate of authority shall have been obtained by such corporation or by a corporation which has acquired all or substantially all of its assets. (c) The failure of a foreign corporation to obtain a certificate of authority to conduct affairs in this State shall not impair the validity of any contract or act of such corporation, and shall not prevent such corporation from defending any action, suit or proceeding in any court of this State. Chapter 33. Annual Reports 22-3301. Annual Report of Domestic and Foreign Corporations . (a) Each domestic corporation, and each foreign

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corporation authorized to conduct affairs in this State, shall file, within the time prescribed by this Code, an annual report setting forth: (1) The name of the corporation and the jurisdiction under the laws of which it is incorporated. (2) The address of the registered office of the corporation in this State, and the name of its registered agent or agents in this State at such address, and, in the case of a foreign corporation, the address of its principal office in the jurisdiction under the laws of which it is incorporated. (3) A brief statement of the character of the affairs which the corporation is actually conducting or, in the case of a foreign corporation, which the corporation is actually conducting in this State. (4) The names and respective addresses of the four principal officers of the corporation. (5) Such additional information as may be necessary or appropriate as determined by the Secretary of State for the performance of his duties under this Code. (b) Such annual report shall be made on forms prescribed and furnished by the Secretary of State, and the information therein contained shall be given as of the date of the execution of the report. It shall be executed by the corporation by its president, a vice president, secretary, an assistant secretary, treasurer or an assistant treasurer, or, if the corporation is in the hands of a receiver or trustee, it shall be executed on behalf of the corporation by such receiver or trustee. 22-3302. Filing of Annual Report of Domestic and Foreign Corporations . Such annual report of a domestic or foreign corporation shall be delivered to the Secretary of State between the first day of August and the first day of November of each year, except that the first annual report of a foreign corporation shall be filed with its application for a certificate of authority, and the first annual report of

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a domestic corporation shall be filed between the first day of August and the first day of November of the year next succeeding the calendar year in which its certificate of incorporation was issued by the Secretary of State. Proof to the satisfaction of the Secretary of State that prior to midnight on the last day of such filing period such report was deposited in the United States mail in a sealed envelope, properly addressed, with first class postage prepaid, shall be deemed a compliance with this requirement. If the Secretary of State finds that such report conforms to the requirements of this Code, he shall file the same. If he finds that it does not so conform, he shall promptly return the same to the corporation for any necessary corrections, in which event the penalties hereinafter prescribed for failure to file such report within the time hereinabove provided shall not apply, if such report is corrected to conform to the requirements of this Code and returned to the Secretary of State within one calendar month from the date it was returned by him to the corporation. Chapter 34. Fees and Charges 22-3401. Fees and Charges to be collected by Secretary of State . The Secretary of State shall charge and collect in accordance with the provisions of this Code: (a) Fees for filing documents and issuing certificates. (b) Miscellaneous charges. 22-3402. Fees of Secretary of State for Filing Documents and Issuing Certificates . The Secretary of State shall charge and collect for: (a) Filing articles of incorporation and issuing a certificate of incorporation, fifteen dollars. (b) Filing articles of amendment and issuing a certificate of amendment, fifteen dollars. (c) Filing restated articles of incorporation and issuing a certificate of restated articles, fifteen dollars.

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(d) Filing articles of merger or consolidation and issuing a certificate of merger or consolidation, twenty dollars. (e) Filing an application to reserve a corporate name, three dollars; and filing an application to reserve a corporate name for a period of five years pursuant to Section 22-302 (c), thirty dollars. (f) Filing a notice of transfer of a reserved corporate name, three dollars. (g) Filing a statement of change of address of registered office or change of registered agent, or both, three dollars. (h) Filing articles of dissolution, one dollar. (i) Filing an application of a foreign corporation for a certificate of authority to conduct affairs in this State and issuing a certificate of authority, twenty-five dollars. (j) Filing an application of a foreign corporation for an amended certificate of authority to conduct affairs in this State and issuing an amended certificate of authority, twenty dollars. (k) Filing a copy of an amendment to the articles of incorporation of a foreign corporation holding a certificate of authority to conduct affairs in this State, ten dollars. (l) Filing a copy of articles of merger of a foreign corporation holding a certificate of authority to conduct affairs in this State, twenty dollars. (m) Filing an application for withdrawal of a foreign corporation and issuing a certificate of withdrawal, ten dollars. (n) Filing any other statement or report, except an annual report, of a domestic or foreign corporation, three dollars. (o) Filing the annual report of a domestic or foreign corporation, five dollars.

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22-3403. Miscellaneous Charges. The provisions of Section 22-1603 of Part I of this Title shall apply equally to corporations which are subject to this Code. 22-3404. Fees for Advertising. The fee to be allowed to publishers for publishing any notice required under this Code shall be fifteen dollars for each insertion. Chapter 35. Provisions Relating to the Secretary of State 22-3501. Interrogatories by Secretary of State. The Secretary of State may propound to any corporation, domestic or foreign, subject to the provisions of this Code, and to any officer or director thereof, such interrogatories as may be reasonably necessary and proper to enable him to ascertain whether such corporation has complied with all the provisions of this Code applicable to such corporation. Such interrogatories shall be answered within thirty days after the mailing thereof, or within such additional time as shall be fixed by the Secretary of State, and the answers thereto shall be full and complete and shall be made in writing and under oath. If such interrogatories be directed to an individual they shall be answered by him, and if directed to a corporation they shall be answered by the president, a vice president, secretary, an assistant secretary, treasurer or an assistant treasurer thereof. The Secretary of State need not file any document to which such interrogatories relate until such interrogatories to be answered as herein provided, and not then if the answers thereto disclose that such document is not in conformity with the provisions of this Code. The Secretary of State shall certify to the Attorney General, for such action as the Attorney General may deem appropriate, all interrogatories and answers thereto which disclose a violation of any of the provisions of this Code. 22-3502. Information Disclosed by Interrogatories. Interrogatories propounded by the Secretary of State and the answers thereto shall not be open to public inspection nor shall the Secretary of State disclose any facts or information obtained therefrom except insofar as his official duty may require the same to be made public or in the event such interrogatories or the answers thereto are required for evidence in any criminal proceedings or in any other action by this State.

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22-3503. Powers of Secretary of State. The Secretary of State shall have the power and authority reasonably necessary to enable him to administer this Code efficiently and to perform the duties therein imposed upon him, including, without limitation, the power and authority to employ from time to time such additional personnel as in his judgment are required for those purposes. 22-3504. Appeal from Secretary of State. (a) If the Secretary of State shall refuse to grant a name certificate, or shall refuse to file any articles of incorporation, amendment, merger, consolidation or dissolution, or any other document, required by this Code to be filed by the Secretary of State, he shall, within ten days after application for the name certificate is made or the delivery of any such document to him give written notice of his refusal to the person or corporation, domestic or foreign, making such application or delivering such document, specifying the reasons for his refusal. From such refusal such person or corporation may appeal to the superior court of the county in which the registered office of such corporation is, or is proposed to be, situated by filing with the clerk of such court a petition setting forth a copy of such application or of the articles or other document sought to be filed and a copy of the written refusal thereof by the Secretary of State; whereupon the matter shall be tried de novo by the court without a jury, and the court shall either sustain the action of the Secretary of State or direct him to take such action as the court may deem proper. (b) If the Secretary of State shall revoke the certificate of authority to conduct affairs in this State of any foreign corporation, pursuant to the provisions of this Code, such foreign corporation may likewise appeal to the superior court of the county where the registered office of such corporation in this State is situated, by filing with the clerk of such court a petition setting forth a copy of its certificate of authority to conduct affairs in this State and a copy of the notice of revocation given by the Secretary of State; whereupon the matter shall be tried de novo by the court without a jury, and the court shall either sustain the action of the Secretary of State or direct him to take such action as the court may deem proper.

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(c) Appeals from all final orders and judgments entered by the superior court under this section in review of any ruling or decision of the Secretary of State may be taken to the Court of Appeals or the Supreme Court in the same manner as in other civil cases. Chapter 36. Penalties 22-3601. Penalties Imposed Upon Corporations. (a) Each corporation, domestic or foreign, that fails or refuses to file its annual report for any year within thirty days after written notice that it is overdue is sent by the Secretary of State to the registered office of the corporation in this State or, if it has no such registered office, to its last known address either within or without this State as shown by the records of the Secretary of State, shall be penalized fifty dollars for each year in which it so fails or refuses. (b) Each foreign corporation that conducts affairs in this State without authority shall be subject to a penalty of five hundred dollars for each year or part thereof during which it so conducts affairs. (c) The Attorney General, at the direction of the Secretary of State, shall bring proceedings in the name of the State to enforce the penalties imposed by this section. (d) When a corporation, domestic or foreign, fails or refuses to answer truthfully and fully within the time prescribed by Section 22-3501 interrogatories propounded by the Secretary of State in accordance with Section 22-3501, the Secretary of State shall certify such facts to the Attorney General and shall concurrently mail to the corporation at its registered office or, if there is no registered office, at its last known address as shown by the records of the Secretary of State, a notice that such certification has been made, together with a statement of the facts pertinent thereto. Within thirty days of the date of such certification, the Attorney General shall apply in the name of the State to the Superior Court of the county where the registered office or principal office of the corporation, as shown by the records of the Secretary of State is situated for an

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order compelling the corporation to answer the interrogatories truthfully and fully unless prior to the filing of such application the corporation shall have so answered the interrogatories. If the corporation fails or refuses to comply with the order within thirty days from the date of its entry, such failure or refusal may be considered a contempt of that court and the corporation may be fined therefor in any amount not exceeding five hundred dollars. 22-3602. Penalties Imposed Upon Officers and Directors. (a) When an officer or director of a corporation, domestic or foreign, fails or refuses within the time prescribed by Section 22-3501 to answer truthfully and fully interrogatories propounded to him by the Secretary of State in accordance with Section 22-3501, the Secretary of State shall certify such fact to the Attorney General and shall concurrently mail to the officer or director a notice, addressed to such officer or director at the registered office of the corporation or, if there is no such registered office, at the last known address of the corporation as shown by the records of the Secretary of State, that such certification has been made, together with a statement of the facts pertinent thereto. Within thirty days of the date of such certification, the Attorney General shall apply in the name of the State to the Superior Court of the county where the registered office or principal office of the corporation, as shown by the records of the Secretary of State, is situated for an order compelling the officer or director to answer the interrogatories truthfully and fully, unless prior to the filing of such application the officer or director shall have so answered the interrogatories. If the officer or director fails or refuses to comply with the order within thirty days from the date of its entry, such failure or refusal may be considered a contempt of that court and the officer or director may be fined therefor in any amount not exceeding five hundred dollars. (b) Each officer or director of a corporation, domestic or foreign, who signs any articles, statement, report, application or other document filed with the Secretary of State which is known to such officer or director to be false in any material respect, shall be deemed to be guilty of a misdemeanor,

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and upon conviction thereof may be fined in any amount not exceeding five hundred dollars. PART IIIPROVISIONS RELATING TO CORPORATION CHARTERED BY THE SECRETARY OF STATE Chapter 41. General Provisions 22-4101. By Whom Powers Granted. All corporate powers and privileges to banking, insurance, railroad, canal, navigation, express, and telegraph companies shall be issued and granted by the Secretary of State. 22-4102. Number of Directors of Corporations with Charters Granted By Secretary of State; Prior Acts of Directors as Valid. Every corporation having corporate powers and privileges granted by the Secretary of State as required by Article III, Section VII, Paragraph XVII of the Constitution (Const. 1945, Section 2-1917) shall have such number of directors, not less than three, as may be provided by its charter, or any amendment thereto heretofore or hereafter granted, or as may be provided by its by-laws in the absence of any such charter provision. The effect of this section shall be that all action heretofore taken by the board of directors of any such corporation shall be valid and binding for all purposes as if this section had been enacted before such action was taken, and as if such board of directors had been constituted as provided by this section. 22-4103. Common Powers. All corporations have the right to sue and be sued, to have and use a common seal, to make by-laws, binding on their own members, not inconsistent with the laws of this State and of the United States, to receive donations by gift or will, to purchase and hold such property, real or personal, as is necessary to the purpose of their organization, and to do all such acts as are necessary for the legitimate execution of this purpose.

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22-4104. Organization Before Minimum Capital Subscribed for; Liability. Persons who organize a company and transact business in its name, before the minimum capital stock has been subscribed for, are liable to creditors to make good the minimum capital stock with interest. 22-4105. Responsibility For Acts of Officers. Every corporation acts through its officers, and is responsible for the acts of such officers in the sphere of their appropriate duties; and no corporation shall be relieved of its liability to third persons for the acts of its officers by reason of any by-laws or other limitation upon the power of the officer, not known to such third person. 22-4106. Improper Dividends; Liability of Officers. No corporation or association shall declare any dividend or distribute any money among its members as profits, when such dividend or money is not declared or distributed from the actual legitimate net earnings, and in any manner increase its debts. Should the president, directors, or other agent of any corporation declare a dividend or dividends, in violation of the above provisions, they shall be liable to be sued for double the amount of damages that any person or persons may sustain in consequence of the declaring of such dividend or dividends. 22-4107. Power to Make Donations for Public Welfare, Charitable, Scientific or Educational Purposes. Every private corporation hereafter chartered in this State shall have, in addition to the powers granted in its charter and in addition to other general powers conferred by law, power to make donations for the public welfare or for charitable, scientific, or educational purposes. Every private corporation heretofore chartered and whose charter was issued subject to the right reserved in the State to change the charter or withdraw the franchise shall also have the power described in this section. 22-4108. Continuous Succession; Term of Charter. Corporations shall have continuous succession during the time limited by their charters, notwithstanding the death of their members. Should any charter granted to a private

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corporation be silent as to its continuance, such charter shall expire at the end of 30 years from the date of its grant by the Secretary of State. 22-4109. How Charter Forfeited . (a) A corporation may forfeit its charter: 1. By a wilful violation of any of the essential conditions on which it is granted. 2. By a misuser or nonuser of its franchises. (b) Forfeiture may be declared by the Secretary of State for the reasons stated in this section, and such a forfeiture shall have the effect of dissolving the corporation but before any forfeiture shall be so declared the corporation shall be afforded a hearing by the Secretary of State on not less than thirty days' notice. Such hearing shall be held in the office of the Secretary of State at such reasonable time as he shall designate. From an adverse decision of the Secretary of State the corporation may appeal to the superior court of Fulton County, whereupon the matter shall be tried de novo by the court without a jury, and the court shall either sustain the action of the Secretary of State or direct him to take such action as the court may deem proper. 22-4110. Effect of Dissolution as to Causes of Action and Pending Suits . The dissolution of a corporation either as a result of the expiration of its charter, or for any other cause, shall not bring about its total extinction nor operate to extinguish any demand or cause of action against it in favor of any person whomsoever, whether arising from contract or tort, nor shall such dissolution work the abatement of any suit pending against it at the time of such dissolution, but all such pending suits may be prosecuted and enforced to a conclusion as though such corporation were still undissolved. 22-4111. Suits and Service of Process Against Dissolved Corporations . Suits for the enforcement of any demand or

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cause of action due by a dissolved corporation may to a like extent be instituted and enforced against it in any court having jurisdiction thereof at the time of its dissolution, and service thereon may be perfected either by seizure of the property of such corporation, by any form of legal process, or by serving with process issued upon said suits any person who, as an agent or officer of such corporation, was subject to be served as its officer or agent at the time of such dissolution. Chapter 42. Corporate Name 22-4201. Use of Name of Another Corporation, etc., Without Consent; Notice. Whenever application is made to the Secretary of State, to obtain a charter or the authorization of articles of incorporation, for any purpose, it shall be unlawful in such case for the applicant to use the name of any person, order, lodge, society or corporation, either as a corporate name or to mention any such name in connection with the purpose of such proposed organization, without furnishing at the time of application an affidavit of consent executed by such person, order, lodge, society or corporation. 22-4202. Objection to Grant of Charter; Hearing Thereon. It shall be the right of any person, order, lodge, society or corporation interested in the result of such application, and who objects to the granting of such charter or articles of incorporation, to file objections to such grant and to appear before the Secretary of State and file written objection thereto, and the Secretary of State may, after hearing the issue formed by the application and objections filed thereto, and after hearing evidence thereon, in his discretion grant or refuse such charter or articles of incorporation. Such application and objections filed thereto may be heard at such reasonable time within the office of the Secretary of State as he may designate. 22-4203. Appeal From Action of Secretary of State. Either party who is dissatisfied with the action of the Secretary of State may appeal to the superior court of Fulton County, whereupon the matter shall be tried de novo by the

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court without a jury, and the court shall either sustain the action of the Secretary of State or direct him to take such action as the court may deem proper. 22-4204. Availability of Corporate Name Where Previously Used. (a) The name of a corporation shall become immediately available for use by others upon: 1. The surrender by the corporation of its franchise. 2. The effectiveness of an amendment changing the name of the corporation. 3. The voluntary or involuntary dissolution of the corporation. (b) Upon the effectiveness of a merger or consolidation, the names of the constituent corporations shall become immediately available except insofar as one of such names shall be the name of the surviving or resulting corporation. (c) Nothing in this section shall abrogate or limit the law as to unfair competition or unfair trade practice; nor derogate from the common law, or principles of equity, or the statutes of this State or of the United States with respect to the right to acquire and protect trade names and trademarks. Chapter 43. Renewal or Revivor and Amendment of Charters Granted by Secretary of State 22-4301. Petition For Renewal of Charter; Fee; Abstract of Corporation Minutes. Any railroad, canal, navigation, express, or telegraph company, heretofore incorporated by an Act of the legislature, or by a certificate of the Secretary of State, may have its charter renewed and its corporate existence extended for a period of 30 years by filling with the Secretary of State at any time within six months prior to the expiration of its charter an application, signed with its corporate name and under its corporate seal, in which it shall state the name of the corporation, and when and how incorporated, and giving the date of its original

Page 803

charter and all amendments and renewals thereto, and that it desires a renewal of its charter as set out in the original charter, and amendments thereto, and upon filing such application it shall pay to the Secretary of State a fee of $100 to be covered by him into the treasury of the State. Said corporation shall file with said application a certified abstract from the minutes of the corporation, showing that the application for renewal has been authorized by proper corporate action. 22-4302. Certificate of Renewal; Secretary of State to File and Record. Thereupon the Secretary of State shall issue to the petitioning corporation a certificate under the seal of the State, renewing its charter for a period of 30 years from the date of its expiration. The Secretary of State shall keep of file the application and abstract and shall record the application, the abstract and the certificate granting the renewal in a book kept for that purpose. 22-4303. Acceptance of Renewal Conclusively Presumed. Upon filing the petition and abstract, and the issuance of the certificate prescribed, the corporation shall be conclusively presumed to have accepted the renewal of its charter, and said corporation shall be, and continue for the space of 30 years, a body corporate, with all the powers, privileges, and liabilities granted in the original charter and the amendments thereto, so far as the same are not in conflict with the Constitution and laws of the State, now or hereafter in force. 22-4304. Revivor in General; Manner. In all cases where a charter of any corporation incorporated by an Act of the legislature, or by a certificate of the Secretary of State, has expired, and such corporation has continued in business in ignorance of such expiration, said charter may be revived in the same manner as original charters are now procured from the Secretary of State, at any time within 10 years from the date of such expiration: Provided, that a majority of the stockholders of such corporation, at a regular or called meeting, notice of the purpose having been given to the stockholders, shall have adopted a resolution asking for such revivor, and all the stockholders shall be bound by the resolution.

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22-4305. Effect of Revivor. Upon the Secretary of State issuing a certificate reviving such corporation, all the property and other rights of such corporation shall continue in the corporation as so revived, and the acts and doings of such corporation, in the period between the date of expiration and date of revivor, shall be thereby confirmed and held as the acts and doings of the original corporation so revived, and such corporation shall continue from the date of such certificate by the Secretary of State for the full period allowed by law for such corporations. 22-4306. Petition for Amendment of Charter; Fee; Abstract of Corporation Minutes. Surrender of Powers by Insurance Company. Any insurance, railroad, canal, navigation, express, or telegraph company, heretofore incorporated by the General Assembly by special Act, may amend its charter so as to acquire any or all of the corporate powers and privileges granted to a like corporation under the Acts already or to be hereafter passed, providing for the grant of corporate powers and privileges to such companies by the Secretary of State, by filing with the Secretary of State a petition signed with the corporate name, stating the name and character of the corporation, and date of the original Act of incorporation and all amendments thereto, that it desires an amendment to its charter by having granted to it the corporate powers and privileges granted to similar corporations by the Act, or certain specified sections of the Act, providing for the grant of corporate powers and privileges to (insert kind of company) by the Secretary of State, and paying to the Secretary of State the fee provided by law, to be covered by him into the treasury of the State, and also filing along with said petition a certified abstract from the minutes of the corporation, showing that the application for amendment has been authorized by proper corporate action. Whenever any insurance company which, by its charter, is permitted to do other than a fire insurance business desires to abandon the same, or any part thereof, it may, upon application to the Secretary of State, relinquish and surrender any or all the powers and privileges granted to it for the conduct of such other business, provided no rights of contract be thereby violated.

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22-4307. Certificate of Amendment to Acquire Powers; Form. If the application shall be to amend the charter, so as to acquire any or all of the corporate powers and like privileges granted to a like corporation under the Acts already or to be hereafter passed, providing for the grant of corporate powers and privileges to such companies, thereupon the Secretary of State shall issue to the corporation the following certificate. Georgia. To whom it may concernGreeting: (Insert here name of petitioning corporation), a corporation created by an Act of the General Assembly of this State by an Act approved (insert here date of approval of Act), and Acts amendatory thereof, approved (insert here date of approval of amendatory Acts), having petitioned for an amendment of the charter of said corporation, in terms of the law in such case made and provided, the corporate powers and privileges set out in the Act (or certain specified sections of the Act), providing for the grant of corporate powers and privileges by the secretary to (insert charter of company), are hereby conferred upon (insert name of company desiring amendment). Witness my hand and the seal of this State, thisday of19. 22-4308. Certificate of Amendment Relinquishing Powers, etc.; Form. If the application shall be to amend the charter by relinquishing and surrendering any of the powers or privileges granted to insurance companies as provided in Section 22-4306, then the Secretary of State shall issue to said insurance company the following certificate: To whom it may concernGreeting: (Insert here name of petitioning insurance company), a corporation created by an Act of the General Assembly of this State by an Act approved (insert here date of approval of Act), and Acts amendatory thereof, approved (insert here date of approval of amendatory Acts), having petitioned

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for an amendment of the charter of said corporation in terms of the law in such case made and provided, by (insert here the particular powers or privileges which said insurance company desires to relinquish or surrender), said amendment is hereby granted and allowed, and made a part of the charter of the said (insert name of insurance company desiring amendment). Witness my hand and the seal of this State, thisday of, 19. 22-4309. Acceptance of Amendment Conclusively Presumed. After the filing of said petition, and the issuance of the certificate prescribed in Section 22-4307 or 22-4308, the corporation shall be conclusively presumed to have accepted the amendment specified, and shall have, enjoy, and exercise all the corporate powers and privileges set out in the Act, or the particular section of the Act, specified in the petition and certificate prescribed in this Chapter. 22-4310. Petitions and Transcripts to be Kept of File. The Secretary of State shall keep of file all petitions and transcripts filed with him, and a book in which he shall enter the names of all the companies obtaining amendments to charters, the date of the amendment, and the Act, or portions of the Act, adopted as an amendment. 22-4311. Change of Name, Capital Stock, Place of Business or Number of Directors. Any railroad, insurance, express, telegraph, canal, or navigation company, whether incorporated by special Act of the General Assembly or by the Secretary of State under the general law, may have its corporate name, its principal office, the face value of each share of its capital stock, the number of its board of directors, or the amount of its capital stock changed in the manner prescribed in Sections 22-4312 to 22-4315. 22-4312. Petition; Contents. The company desiring to have its name, its principal office, the face value of each share of its capital stock, the number of its board of directors, or the amount of its capital stock changed shall file in the office of the Secretary of State a petition signed

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with the corporate name, stating the name and character of the corporation, the date of its original charter and all amendments thereto, that it desires an amendment to its charter changing its corporate name, its principal office, the face value of each share of its capital stock, the number of its board of directors, or the amount of its capital stock, any or all, as the case may be. 22-4313. Abstract from Minutes of Directors to be Filed With Petition. Such company shall also file with such petition a certified abstract from the minutes of the board of directors showing that the application for the proposed amendment has been authorized by the vote of a majority in amount of the entire capital stock entitled by the terms of its charter to vote at a meeting of the stockholders called for the purpose, by resolution of the board of directors, and that notice of such meeting was mailed to each stockholder, or, in case of death, to his legal representatives or heirs at law, addressed to his last known residence, at least 10 days previously to the day of said meeting: Provided, however, if the petition is to change the principal office of any of such companies, then the certified abstract from the minutes shall show that the amendment was authorized by two-thirds vote of the entire capital stock of said company. 22-4314. Affidavit of Publication of Petition. Affidavit made and signed in due from of law by the president or secretary of the company shall be attached to said petition, showing that it has been published once a week for four weeks in that newspaper in which is published the sheriff's sales of the county in which the principal office of said corporation is located. 22-4315. Certificate of Change. When said petition and affidavit have been filed in the office of the Secretary of State, that officer shall issue to said company, under the great seal of the State, a certificate in the following form: To all to whom these presents may comeGreeting: Whereas, the (here insert name of petitioning corporation), a corporation created and existing under the laws of

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this State, has filed in this office, in terms of the law, a petition asking that its charter be amended by changing (its corporate name, or its principal office, or the face value of each share of its capital stock, or the number of its board of directors, or the amount of its capital stock, any or all, as the case may be) fromto, and has complied with all the requirements of the law in such cases made and provided; therefore, the State of Georgia hereby amends the charter of the said (insert name of company) by changing (its corporate name, or principal office, etc., as the case may be) from (insert old name, or old principal office, etc.) to (insert new name, or new principal office, etc.). In witness whereof, these presents have been signed by the Secretary of State, and the great seal has been attached hereof, at the capitol in Atlanta, on thisday of, 19. 22-4316. Adoption of Charter Amendments by Reorganization Managers; Changes in Capitalization; Issue of Capital Stock, Bonds and Other Securities; Procedure. Notwithstanding the provisions of any other laws of this State applicable to amendments of charters or certificates of incorporation of railroad companies incorporated under its laws or to changes in the capitalizations thereof or to the issuance of capital stock, bonds, or other securities thereby, where a plan or reorganization of any such railroad company pursuant to the Act of Congress of July 1, 1898, entitled An Act to establish a uniform system of bankruptcy throughout the United States, as amended (hereinafter called the National Bankruptcy Act), has been confirmed by decree or order of a court of competent jurisdiction, the reorganization managers or committee designated in the plan of reorganization to consummate the same, or such other person or persons as may be so authorized by the court or judge in such reorganization proceedings, shall have full power and authority to adopt such amendments of the charter or certificate of incorporation of such railroad company, to make such changes in its authorized capitalization, and to issue such capital stock, bonds, and other securities as may be necessary and proper to put into effect

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and carry out such plan of reorganization and the decrees and orders of the court relative thereto without action by the directors of stockholders of such railroad company. After the adoption of such amendments of the charter or certificate of incorporation of such railroad company and the making of such changes in its authorized capitalization, a petition, executed, acknowledged, and sworn to by such reorganization managers or committee or such other person or persons so authorized by the court or judge to adopt such amendments and to make such changes in capitalization, shall be filed in the office of the Secretary of State. Such petition shall show (a) the name and character of the company, and, if the name has been changed, the name under which it theretofore existed; (b) the dates of the original Act of incorporation, charter, or certificate of incorporation and of all amendments thereto; (c) the amendments adopted; (d) the new authorized capitalization of such company; (e) the amount of capital stock, bonds, and other securities to be issued; and (f) that such amendments, new capitalization, and issuance of capital stock, bonds, and other securities were authorized by the plan of reorganization or in decrees or orders of the court relative thereto, and that the plan has been confirmed under the National Bankruptcy Act, with the title and venue of the proceeding and the date when the decree or order confirming the plan was made. Upon the filing of such petition in the office of the Secretary of State and the payment to him of a fee of $25, to be covered by him into the treasury, the Secretary of State shall issue an appropriate certificate of change in the form prescribed in Section 22-4315. Any such reorganized railroad company shall not be precluded from thereafter further amending its charter or certificate of incorporation or changing its capitalization or issuing capital stock, bonds, or other securities in the manner otherwise provided by law. Chapter 44. Merger and Consolidation 22-4401. Merger or Consolidation of Secretary of State Corporations. Any two or more corporations, incorporated by the Secretary of State under the laws of this State, except

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banks and trust companies, may merge or consolidate into a single corporation in the manner set forth in the provisions of Part I of this Title relating to merger and consolidation, except that all filings by the constituent corporations shall be made directly with the Secretary of State, without submission of any petition or application for articles of merger or articles of consolidation to a judge of the superior court. 22-4402. Merger or Consolidation with Domestic Corporations Chartered by the Superior Courts. A corporation which has received its charter from the Secretary of State, other than a bank or trust company, may merger or consolidate with a corporation or corporations chartered by the superior courts in accordance with the provisions of Section 22-1006 of Part I of this Title. 22-4403. Merger or Consolidation with Foreign Corporations. A corporation which has received its charter from the Secretary of State, other than a bank or trust company, may merge or consolidate with one or more foreign corporations in accordance with the provisions of Section 22-1008 of Part I of this Title, except that any filing by the domestic corporation requiring by said section shall be made directly with the Secretary of State, without submission of any petition or application for articles of merger or articles of consolidation to a judge of the superior court. 22-4404. Stockholder Opposing Merger. If any stockholder entitled to vote in a corporation chartered by the Secretary of State, consolidating or merging, shall vote against the same and shall at or prior to the taking of the vote object thereto in writing, or if any stockholder of record in either corporation, consolidating or merging, as aforesaid, but not entitled to vote therein, shall at or prior to the taking of the vote object thereto in writing, and if in either case such stockholder within 20 days after the taking of such vote demand in writing of the corporation in which he holds stock that payment be made to him of the fair cash value of his stock, such corporation shall within 30 days after the date of such demand or the effectiveness of the merger or consolidation, whichever is later,

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pay to him the fair cash value of his stock, unless said merger or consolidation is abandoned. 22-4405. Disagreement as to Value of Stock; Arbitration. In case of disagreement as to the value of his stock, the stockholder may, within 30 days after the filing of the petition with the Secretary of State, apply by petition to the superior court of the county in which was located the principal place of business of the corporation in which said stockholder held stock or in the county where is located the principal place of business of the surviving or resulting corporation for an arbitration, and the court, on reasonable notice of not less than 10 days to be prescribed by it to the surviving or resulting corporation and to the dissenting stockholder, shall order an arbitration of the value of the stock. The stockholder shall choose one arbitrator and the corporation shall choose another arbitrator within the time provided in the order of the judge of the superior court, and, if these two arbitrators shall not agree on the value of the stock, they shall choose an umpire, and, if either party fails to appoint an arbitrator or if they are unable to agree within five days upon an umpire, an umpire shall be appointed by the judge of the superior court. Said arbitrators and umpire, if there be one, shall take an oath to appraise fairly and impartially the value of said stock and shall within the time limited by the judge of the superior court make a return to the court of their appraisal of the value of said stock. Said arbitrators and umpire may make an appraisal by a majority thereof. If, within 10 days after the said appraisal is filed in the office of the clerk of the superior court, neither the stockholder nor the corporation shall enter in writing an appeal from the finding, an order shall be entered confirming said appraisal and when so confirmed shall be filed and shall be conclusive. 22-4406. Appeal from Appraisal. Within 10 days after said appraisal is filed in the office of the clerk of the superior court either the dissenting stockholder or the corporation may enter an appeal in writing from the finding of the arbitrators to the superior court and at the term succeeding and convening not less than 20 days after the filing of the appeal, the judge of the superior court shall cause an issue

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to be made and tried by a jury as to the value of the stock with the same right to move for a new trial and to seek appellate review as applies in other cases. 22-4407. Where Value of Stock Paid, Stock Transferred to Corporation. Upon any stockholder's making demand in writing as aforesaid for the value of his stock, such stockholder shall cease to be a stockholder in the corporation in which he held stock and shall have no rights with respect to such stock except the right to receive payment therefor, as aforesaid; and, upon payment of the agreed value of the stock or of the value of the stock on final judgment, said stockholder shall transfer his stock to the surviving or resulting corporation. 22-4408. Execution Issued if Judgment Not Paid. In the event the surviving or resulting corporation shall fail to pay the amount of said judgment within 10 days after the same shall become final, execution shall issue thereon and said judgment be enforced as other judgments of the superior court are enforced. 22-4409. Stockholders of Consolidated Corporation. Each stockholder in either of the consolidating or merging corporations, at the time the merger or consolidation becomes effective, entitled to vote who does not vote against the merger or consolidation and object thereto in writing, as aforesaid, and each stockholder in each of the constituent corporations at the time the merger or consolidation becomes effective not entitled to vote who does not object thereto in writing, as aforesaid, shall cease to be a stockholder in such constituent corporation and shall be deemed to have assented to the consolidation or merger and, together with the stockholders voting in favor of the consolidation or merger, entitled to receive certificates of stock in the surviving or resulting corporation or other securities or property in the manner and on the terms specified in the agreement. 22-4410. Law Cumulative of Other Provisions. The right and power in this Chapter provided to merge or consolidate is cumulative, and in addition to any power or right to merge

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or consolidate vested in corporations heretofore created or provided by or under terms of other statutes or provisions of the Code of the State of Georgia. 22-4411. Record of Charter of Consolidated or Merged Corporation. Upon the merger or consolidation of corporations, as herein provided, the consolidated corporation or the corporation into which the constituent companies are merged may cause to be recorded in the records of any clerk of any superior court of this State a certified copy of the charter of the consolidated corporation or the corporation into which the constituent corporations are merged, with the order of the superior court or the judge thereof and the certificate of the Secretary of State thereon, with the same force and effect as is provided by the statutes of this State for the record of deeds conveying title to land. Chapter 45. Nonpar Stock 22-4501. What Corporations May Issue Nonpar Stock. Every corporation having capital stock heretofore or hereafter incorporated by the Secretary of State or by Act of the General Assembly (including corporations with powers derived from both of such sources), except an insurance, banking, or trust company may, upon its organization or thereafter in the manner hereinafter provided, create shares of stock with or without par value, and may create two or more classes of stock with such preferences, voting powers, restrictions and qualifications thereof as shall be designated in its petition, declaration, or other application for incorporation, or be subsequently determined upon in the manner hereinafter provided. 22-4502. Corporate Authority Prerequisite to Issuance of Stock Hereunder. Before any corporation shall avail itself of the provisions of this Chapter, it shall procure appropriate corporate authority therefor in the manner provided by law, and the Secretary of State is hereby authorized to grant such powers to the several classes of corporations of which he now has jurisdiction to grant or amend charters.

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22-4503. Common Stock Must be of Same Class. There shall be but one class of common stock, each share of which shall stand upon an equality with every other share. 22-4504. Amount to be Paid in as Prerequisite to Beginning Business. Before any such corporation can begin business as a corporation there must be at least $1,000 paid in for such nonpar value common stock either in cash or in tangible assets at their fairly appraised valuation. 22-4505. Application of Par Stock Laws to Nonpar Stock. The provisions of law relating to the issue of shares of capital stock with par value, including in the case of a corporation under the jurisdiction of the Georgia Public Service Commission the laws defining the duties and powers of said commission with respect to the issuance of shares of stock, shall, save as herein otherwise provided, apply also to the issue of shares without par value. 22-4506. Consideration for Which Nonpar Stock May be Sold. A corporation may issue and dispose of its authorized shares without par value for such consideration as may be authorized or prescribed in its charter or certificate of incorporation or amendments thereof; or, if there be no provision therein with respect thereto, then for such consideration as may be fixed by the stockholders at a meeting duly called for that purpose, or by the board of directors when acting under general or special authority granted by the stockholders, or under general authority conferred by the charter or certificate of incorporation or amendments thereof. Any and all shares without nominal or par value issued for the consideration prescribed or fixed in accordance with the provisions of this section shall be fully paid and not liable to any further call or assessment thereon, nor shall the subscriber or holder be liable for any further payment. 22-4507. Change of Par Stock into Nonpar Stock. Every corporation of the character included in Section 22-4501 having shares with par value, whether issued and outstanding or only authorized, may at a meeting duly called for the purpose, by the vote of a majority of all its stock entitled to vote, or, if two or more classes of stock have been

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issued, of a majority of each class outstanding and entitled to vote, including in any event a majority of the outstanding stock of each class affected, change such shares of any class thereof into an equal or greater number of shares of the same class without par value, or provide for the exchange thereof pro rata for an equal or greater number of shares without par value: Provided, that all shares in any one class shall be changed or exchanged on the same basis and provided further that the preferences, restrictions and qualities of the outstanding shares so changed or exchanged shall not be otherwise affected, nor the relative voting powers of the different classes of shares be altered. 22-4508. Application for Incorporation. Upon the organization of any corporation having shares of stock without par value, the petition, declaration or other application for incorporation required by law shall state, in addition to other matters required to be stated, (a) the number of shares with par value and the number of shares without par value that may be issued and the designation of the classes, if any, into which such shares are divided; (b) the par value of the shares, if any, other than the shares to be without par value; and (c) if there are to be two or more classes of stock, a description of the different classes including a statement of the respective preferences, restrictions and qualities thereof. 22-4509. Statement as to Nonpar Stock. Any law requiring that the amount of par value of the capital stock of a corporation be stated in any certificate, report or other instrument shall be deemed to be complied with so far as shares without par value are concerned by stating with respect to such shares the number authorized, issued or to be issued, as the case may be, and that they are without par value. 22-4510. Meeting Duly Called for the Purpose. Publication of Call or Notice. A meeting duly called for the purpose, as that phrase is herein used, shall mean a meeting of the stockholders called and notified for the purpose in the manner prescribed by the by-laws of the corporation concerned;

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and unless required by the by-laws, no publication of the call or notice in any newspaper shall be necessary. Chapter 46. Annual Reports by Corporations 22-4601. Reports by Corporations. It shall be the duty of all corporations, except banks, incorporated by the Secretary of State, to make a report to the Secretary of State as soon as beginning operation, and annually thereafter, on or by the first day of November, embracing the following information: 1. Name of corporation. 2. When incorporated. 3. By what authority incorporated. 4. Where incorporated. 5. The nature of business. 6. Its principal office. 7. Capital stock issued, or no capital stock if such be the case. 8. Name and address of the four principal officers of the corporation. 22-4602. Penalty for Noncompliance. Upon failure or refusal of any corporation to make said report, the corporation shall be penalized $50 for each year in which it so fails or refuses. The Attorney General, at the direction of the Secretary of State, shall bring proceedings in the name of the State to enforce the penalty imposed by this section. 22-4603. Filing of Reports. If the Secretary of State finds that said report conforms to the requirements of Section 22-4601, and upon payment of the filing fee provided by law, he shall file the same. If he finds that it does not so conform, he shall promptly return the same to the corporation

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for any necessary corrections, in which event the penalty prescribed for failure to file said report shall not apply, if such report is properly corrected and returned to the Secretary of State within one calendar month from the date it was returned by him to the corporation. Chapter 47. Fees of Secretary of State 22-4701. Fees of Secretary of State for Filing Documents and Issuing Certificates. The Secretary of State shall charge and collect for: (a) Filing a petition for charter, one hundred dollars. (b) Filing a petition for amendment of charter, fifty dollars. (c) Filing a petition for renewal of charter, one hundred dollars. (d) Filing a petition for revivor of charter, one hundred dollars. (e) Filing articles of merger or consolidation, one hundred dollars. (f) Filing a petition for the surrender of a charter or franchise, one hundred dollars. (g) Filing the annual report of a corporation, five dollars. (h) For furnishing a certified copy of any document, instrument, or paper relating to a corporation, thirty cents per page and one dollar for the certificate and affixing the seal thereto. PART IVMISCELLANEOUS PROVISIONS OF CORPORATION LAW Chapter 51. General Provisions 22-5101. By Whom Powers Granted. All corporate powers and privileges to banking, insurance, railroad, canal, navigation,

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express, and telegraph companies shall be issued and granted by the Secretary of State. Corporate powers and privileges to all other private companies shall be granted only as provided in Parts I and II of this Title. 22-5102. Right of State to Withdraw Franchise When Charter Granted Since January 1, 1863. In all cases of private charters granted since January 1, 1863, the State reserves the right to withdraw the franchise unless such right is expressly negatived in the charter. 22-5103. No Collateral Attack as to Corporate Existence. The existence of a corporation, claiming a charter under color of law, cannot be collaterally attacked by persons who have dealt with it as a corporation. Such persons are estopped from denying its corporate existence. 22-5104. Use or Borrowing for Personal Use Prohibited. No director or officer of any corporation shall use or borrow for himself, directly or indirectly, any money or other property belonging to any corporation of which he is a director or officer, without the permission of a majority of the board of directors or of a committee of the board authorized to act. 22-5105. Corporations Prohibited from Contributing to Influence Official Actions. It shall be illegal for any corporation incorporated under the laws of, or doing business in, this State, or any officer or agent thereof, to make or authorize, directly or indirectly, any contributions from corporate funds for the purpose of influencing the vote, judgment, or action of any officer of this State, legislative, executive, or judicial. 22-5106. Execution of Instruments Conveying Interest in Real Property; Presumption of Authority of Executing Officers; Exceptions. Instruments executed by a corporation conveying an interest in real property, with the exception of transfers of and releases from security instruments, when signed by the president or vice president and attested or countersigned by the secretary or assistant secretary or cashier or assistant cashier of the corporation, with the

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corporation's seal attached, shall be conclusive evidence that said officers signing are duly authorized to execute and deliver the same. Any corporation may, by proper resolution, authorize the execution of such instruments by other officers of the corporation. 22-5107. Joint Tenancy of Shares and Securities of Corporations. Whenever certificates for shares or other securities issued by domestic or foreign corporations are or have been issued or transferred to two or more persons in joint tenancy on the books or records of the corporation, it is presumed in favor of the corporation, its registrar, and its transfer agent that the shares or other securities are owned by such persons in joint tenancy with right of survivorship and not otherwise. A domestic or foreign corporation or its registrar or transfer agent is not liable for transferring or causing to be transferred on the books of the corporation to the surviving joint tenants where a deceased joint tenant dies a resident of Georgia any share or shares or other securities theretofore issued by the corporation to two or more persons in joint tenancy with right of survivorship on the books or records of the corporation, whether or not the transfer was made with actual or constructive knowledge by the corporation or its registrar or transfer agent of the existence of any understanding, agreement, condition, or evidence that the shares or securities were held other than in joint tenancy, or of the invalidity of the joint tenancy or of a breach of trust by the joint tenants. Chapter 52. Corporation Commissioner 22-5201. Secretary of State as Ex Officio Corporation Commissioners. The Secretary of State shall be ex officio corporation commissioner, and shall be charged with the execution of the duties set forth in this Title. 22-5202. Fees; Report. All fees collected shall be paid into the State treasury for the use of the State, and the Secretary of State shall include in his annual reports a full statement of all fees collected or received under this Title, and the disposition thereof.

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22-5203. Suitable Documents. The Secretary of State shall accept for file and record only those documents which are suitable for reproduction. Chapter 53. Venue and Service of Process in Contract and Tort Cases; Garnishment Proceedings 22-5301. Where Suits May Be Brought on Contracts or for Torts. Service Effected How. Any corporation chartered by authority of this State may be sued on contracts in that county in which the contract sought to be enforced was made or is to be performed, if it has an office and transacts business there. Suits for damages, because of torts, wrong or injury done, may be brought in the county where the cause of action originated. Service of such suits may be effected by leaving a copy of the writ with the agent of the defendant, or if there be no agent in the county, then at the agency or place of business. 22-5302. Garnishment Proceeding. Where such corporation has an agent and place of business in any county or district in which there may be a suit, attachment, or judgment upon which garnishment is sought against such corporation, the court wherein is pending said proceedings upon which the garnishment is based shall have jurisdiction also of the garnishment proceeding, and service of summons of garnishment upon the agent in charge of the office or business of the corporation or company in the county or district at the time of service shall be sufficient service. Chapter 54. Proceedings by Minority Stockholders 22-5401. Proceedings by Minority Stockholders, When Allowed. (a) A minority stockholder may proceed in equity in behalf of himself and other stockholders for fraud or acts ultra vires against a corporation, its officers and those participating therein, when he and they are injured thereby. But there must be shown:

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1. Some action or threatened action of the directors beyond the charter powers; or, 2. Such a fraudulent transaction completed or threatened, among themselves or stockholders or others, as will result in serious injury to the company or other stockholders; or, 3. That a majority of the directors are acting in their own interest in a manner destructive of the company, or of the rights of the other stockholders; or, 4. That the majority stockholders are oppressively and illegally pursuing, in the name of the corporation, a course in violation of the rights of the stockholders, which can only be restrained by a court of equity; and it must also appear: 5. That the petitioner has acted promptly; that he made an earnest effort to obtain redress at the hands of the directors and stockholders, or why it could not be done, or it was not reasonable to require it; and 6. That petitioner was a stockholder at the time of the transaction of which he complains, or that his shares have devolved on him since by operation of law. (b) This section shall not apply to any action brought by a shareholder in the right of a corporation to procure a judgment in its favor, if the corporation is subject to the provisions of Part I of this Title. Chapter 55. Churches, Religious and Fraternal Societies and Schools 22-5501. Organization of Church, Religious or Fraternal Society, or School. The incorporation of churches and religious and fraternal societies, and of any school, academy, college or university which if incorporated would be a nonprofit corporation as that term is defined in Section 22-2102 (c) of Part II of this Title, shall be governed by Part II of this Title, which shall be fully applicable to all

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nonprofit corporations organized for religious, fraternal or educational purposes. 22-5502. Validity of Contracts of Educational or Religious Association or Society. All contracts made with any such corporation and all deposits for its account, and all conveyances of title to or by it, shall be legal and valid; and all such contracts may be enforced in the same manner and in the same way as if such corporation were a private individual. 22-5503. Educational and Religious Associations or Societies as Trustees of Charitable Trusts. Said corporations heretofore created, or hereafter created pursuant to the provisions of this Chapter, are authorized to act in their corporate capacity as trustee to administer and carry into effect any charitable trust heretofore or hereafter created by deed or by will, which is consistent with the objects of the corporate existence. 22-5504. Majority Represent Church. Withdrawal by Part of Congregation. The majority of those who adhere to its organization and doctrines represent the church. The withdrawal by one part of a congregation from the original body, or uniting with another church or denomination, is a relinquishment of all rights in the church abandoned. 22-5505. Church Edifice Liable to Sale for Debt. In the absence of other property, where a congregation has incurred a valid debt, the church edifice and site are liable to sale for its payment. 22-5506. Inteference by Courts With Management of Church. Courts are reluctant to interpose in questions affecting the management of the temporalities of a church; but when property is devoted to a specific doctrine or purpose, the courts will prevent it from being diverted from the trust. 22-5507. Conveyances to Churches or Religious Societies Confirmed. All deeds of conveyance heretofore made, and which may hereafter be made, to any person or persons,

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for any lots of land within this State, to any church or religious society, or to trustees for the use of such church or religious society, for the purpose of erecting churches or meeting houses, are, and shall be deemed and taken to be, good and valid, and available in law for the intents, uses, and purposes contained in said deeds of conveyance; and all lots of land so conveyed shall be fully and absolutely vested in such church or religious society, or in their respective trustees, for the uses and purposes in said deed expressed; to be holden to them, or their trustees, for their use by succession, according to the mode of church government or rules of discipline exercised by such churches or religious societies respectively. 22-5508. Trustees in Conveyances, to What Authority Subject . All trustees to whom conveyances are or shall be made, for the purposes expressed in the preceding section, shall be subject to the authority of the church or religious society for which they hold the same in trust, and may be expelled from said trust by such church or society, according to the form of government or rules of discipline by which they may be governed. 22-5509. Vacancies in Trusts; Record of Certificate of Appointment . Every church or religious society is authorized to fill all vacancies which may happen in the said trusts by death, removal, expulsion, or otherwise; and when any vacancy shall be filled, the same shall be certified under the hand of the person presiding in the society, and according to the form of government or discipline practiced by said church or society, which certificate shall express the name of the person appointed to fill the vacancy and the name of the person in whose place he shall be appointed; and the said certificate being recorded in the office of the clerk of the superior court of the county in which the land lies, the person so appointed to fill such vacancy shall be as fully vested with such trust as if a party to and named in the original deed: Provided, the failure so to have recorded the certificate of appointment aforesaid shall not operate to disqualify, or render incompetent to act in any proceeding, any trustee duly appointed by the form of government or discipline practiced by the church or society having the power to appoint trustees.

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22-5510. Sections 22-5507 to 22-5509 Construed to Apply to All Societies . Sections 22-5507 to 22-5509 shall be so construed as to apply to all societies, whether social, charitable, secret, Masonic, or by whatever name they may be called; and all criminal laws for the protection of religious societies shall be so construed as to apply to all societies, by whatever name they may be called. 22-5511. Corporate Rights, etc . The societies referred to in the preceding section shall be bodies politic and corporate for the purposes of receiving in their distinct and proper names, by their trustees or officers, all property, both personal and real, by purchase, gift, or bequest. They may plead and be impleaded, contract and be contracted with. When any such society shall have entered the names of its trustees or officers and shall have recorded its name, style, and objects as required by law it may defend and be defended, and shall then be entitled to all the benefits of Sections 22-5507 to 22-5509. 22-5512. Powers of Eleemosynary and Religious Corporations Extended . Any eleemosynary or religious corporation heretofore created in Georgia or hereafter chartered is, by virtue of its existence, authorized, in addition to the propagation of the Gospel, to conduct schools for the training of the youth; to town and operate for itself or for others printing plants, publishing houses, and any desired methods or means for the dissemination of news and information; to own and operate hospitals, nurses' homes and any and all kinds of institutions for the alleviation of pain and suffering; to own and operate for itself or others orphan asylums, old peoples' homes and any and all institutions for the care of the needy and dependent; to conduct and carry into effect any plan for the care, maintenance and support of its workers and employees who may have become disabled, been retired, or otherwise made eligible for the benefits of said plan, and in connection therewith to conduct a plan for the establishment and payment of annuities in connection therewith; and further to do any and everything necessary and proper for the accomplishment of the objects herein enumerated, and in general to carry on any lawful business necessary or incident to the attainment of these objects.

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PART XXXCRIMES Chapter 22-99. In General 22-9901. Corporation Contributions to Influence Official Action . Any corporation, or officer thereof, or any person who shall violate the provisions of Section 22-5105 on the subject of corporation contributions to influence official action shall be deemed guilty of a crime, and, on conviction, shall be punished by a fine in the sum of 10 times the amount of the contribution made, but in no event shall said fine be less than $1,000; and in addition the officer or officers making or authorizing said contribution, or in anywise connected therewith, shall be punished by imprisonment in the penitentiary for not less than one year nor more than four years, unless the jury trying the case shall recommend him to the mercy of the court, in which event he shall pay the aforesaid fine prescribed, or in default be subjected to imprisonment not to exceed six months. Section 2. The following laws are hereby repealed in their entirety: That certain Act authorizing the chartering and empowering of corporations, and amending and revising the corporation laws of this State, commonly referred to as the Corporation Act of 1938, approved January 28, 1938 (Ga. L. 1937-38, Ex. Sess., p. 214), as amended by an Act approved March 8, 1945 (Ga. L. 1945, p. 267), an Act approved March 28, 1947 (Ga. L. 1947, p. 1544), an Act approved February 23, 1949 (Ga. L. 1949, p. 950), an Act approved February 16, 1950 (Ga. L. 1950, p. 290), an Act approved February 15, 1952 (Ga. L. 1952, p. 198), an Act approved December 10, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 59), an Act approved February 23, 1955 (Ga. L. 1955, p. 259), an Act approved March 25, 1958 (Ga. L. 1958, p. 653), an Act approved March 17, 1960 (Ga. L. 1960, p. 1111), an Act approved March 3, 1962 (Ga. L. 1962, p. 516), an Act approved April 12, 1963 (Ga. L. 1963, p. 524), an Act approved March 10, 1964 (Ga. L. 1964, p. 317), an Act approved March 24, 1965 (Ga. L. 1965, p. 278), an Act approved April 8, 1965 (Ga. L. 1965, p. 602), and an Act

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approved March 7, 1966 (Ga. L. 1966, p. 231); an Act relating to the renewal, extension or revival of charters of corporations granted by the Legislature or by the Secretary of State, approved February 22, 1939 (Ga. L. 1939, p. 250); an Act relating to undomesticated foreign corporations doing business in Georgia, service of process and jurisdiction, approved January 31, 1946 (Ga. L. 1946, p. 687), as amended by an Act approved March 6, 1959 (Ga. L. 1959, p. 126), and an Act approved March 24, 1965 (Ga. L. 1965, p. 259); an Act relating to reorganization of railroad corporations under the National Bankruptcy Act, approved February 15, 1950 (Ga. L. 1950, p. 220); an Act relating to power of corporations to make donations, approved December 12, 1953 (Ga. L. 1953, p. 121); an Act relating to designation by Secretary of State of employees to accept service, approved February 18, 1957 (Ga. L. 1957, p. 64); an Act relating to the number of directors, approved March 4, 1958 (Ga. L. 1958, p. 92); and an Act relating to joint tenancy of shares and securities of corporations, approved April 14, 1967 (Ga. L. 1967, p. 647). Repealed Acts. Section 3. This Act shall become effective on April 1, 1969. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1968. GEORGIA ELECTION CODE AMENDEDNOTICE OF CANDIDACY. Code 34-1001 Amended. No. 983 (Senate Bill No. 181). An Act to amend Code Title 34 constituting the Georgia Election Code, as amended, so as to provide that any incumbent who previously accompanied his notice of candidacy with a nomination petition shall not again be required

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to accompany his notice of candidacy with a nomination petition upon qualifying as a candidate to succeed himself; to provide the manner in which such incumbent qualifies as a candidate; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Title 34 constituting the Georgia Election Code, as amended, is hereby amended by adding at the end of subsection (c) of Code section 34-1001 after the words to be filled in such general election and before the punctuation mark. the following: ; or (vi) an incumbent qualifying as a candidate to succeed himself if, prior to the election at which he was originally elected to the office for which he seeks re-election, such incumbent accompanied his notice of candidacy with a nomination petition., so that when so amended subsection (c) of Code section 34-1001 shall read as follows: (c) Each of such candidates shall accompany his notice of candidacy with a nomination petition in the form hereafter prescribed; except that such petition shall not be required if such candidate is: (i) a nominee of a political party for the office of presidential elector when such party has held a national convention and therein nominated candidates for President and Vice President of the United States; (ii) a nominee of a political party nominated in a primary held by such party; (iii) the nominee of a political party for public office when the prior nominee of such party for such office shall have received at least ten per cent of the total votes cast for candidates seeking such office in the last election held to fill same; (iv) seeking office in a special election; (v) seeking, in a general election, a county or militia district office or membership in the House of representatives of the General Assembly in a county where no political party has or will hold a primary for the nomination of any candidate for any such office to be filled in such general election; or (vi) an incumbent

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qualifying as a candidate to succeed himself if, prior to the election at which he was originally elected to the office for which he seeks re-election, such incumbent accompanied his notice of candidacy with a nomination petition. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1968. GEORGIA ELECTION CODE AMENDEDUNLAWFUL CAMPAIGN PRACTICES. Code 34-1307A Enacted. No. 985 (Senate Bill No. 359). An Act to amend Code Title 34, known as the Georgia Election Code, so as to prohibit certain political activities; so as to provide that such activities shall be known as unlawful campaign practices; to provide definitions; to provide penalties; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Title 34, known as the Georgia Election Code, is hereby amended by adding to Chapter 13 of Title 34 a new section to be known as Section 34-1307A Unlawful campaign practices., to read as follows: 34-1307A Unlawful campaign practices . (a) No person shall distribute, circulate, disseminate, or publish or cause to be distributed, circulated, disseminated or published any literature in connection with any political campaign for any public office unless such literature shall bear the name and address of the person or organization distributing, circulating, disseminating, publishing or causing the same to be distributed, circulated, disseminated, or published. To be in compliance herewith when an organization rather than

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a natural person commits any of the above acts, then the names and addresses of at least three of the highest officials thereof shall also appear thereon. Campaign literature published and disseminated by the candidate himself, bearing his name and the office for which he is a candidate shall be considered as in compliance herewith. (b) No person shall use the name or any colorable imitation of the name of an existing person or organization for the purposes of endorsing, circulating or publishing campaign material without the authorization of such person or organization. For the purposes of this Section, the term `any colorable imitation' shall mean any name purposefully used with the intention of the user that a person reading such name will be misled into believing that such campaign material is being endorsed, circulated or published by a person or organization other than the true endorser, circulator or publisher. (c) Any person who violates any provision of this section shall be guilty of a misdemeanor. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1968. GEORGIA STUDY COMMISSION ON LAW ENFORCEMENT OFFICER STANDARDS AND EDUCATION. No. 132 (House Resolution No. 661-1420). A Resolution. Creating the Georgia Study Commission on Law Enforcement Officer Standards and Education; to provide for membership; to provide for officers; to provide for functions and powers of the Commission; to provide for other matters relative thereto; and for other purposes.

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Whereas, it is highly desirable that a study be made relative to the need for training standards for law enforcement officers in Georgia and to determine whether minimum qualifications should be prescribed for persons desiring to become law enforcement officers; and Whereas, the Federal Government, through the Office of Law Enforcement Assistance of the United States Department of Justice, has available planning grants for studies of this type. Now, therefore, be it resolved by the General Assembly of Georgia: Section 1. There is hereby created the Georgia Study Commission on Law Enforcement Officer Standards and Education, hereinafter referred to as the Commission. The Commission shall be composed of thirteen members as follows: (1) Director, Department of Public Safety (2) President, Georgia Sheriffs' Association (3) President, Georgia Association of Chiefs of Police (4) President, Georgia Municipal Association (5) President, Association County Commissioners of Georgia (6) Special Agent in Charge, Federal Bureau of Investigation, Atlanta Division Created. (7) President, Peace Officers' Association of Georgia (8) The Attorney General of Georgia (9) Chancellor, University System of Georgia (10) Superintendent of the Georgia Police Academy

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(11) One member of the House of Representatives to be appointed by the Speaker. (12) One member of the Senate to be appointed by the President. (13) One member from the State-at-Large to be appointed by the Governor. Section 2. The Director of the Department of Public Safety shall be the Chairman of the Commission. A Vice-Chairman and a Secretary shall be elected at the organizational meeting of the Commission. The Chairman shall call a meeting of the Commission to be held within thirty days after this Resolution becomes law. The Commission shall adopt such procedures as it deems necessary and advisable for its operation, which will include the fixing of a quorum for the transaction of business. None of the members shall receive any compensation or per diem for their services but shall be reimbursed for actual expenses incurred in the performance of their functions and powers prescribed herein. In the event the Commission obtains grant funds, such reimbursement shall come from those funds. If such grant funds are not obtained, the members of the General Assembly shall receive the allowances authorized for members of interim legislative committees and shall receive the same from funds appropriated and available to the legislative branch of government. Chairman, etc. Section 3. Functions of the Commission: (a) In order to raise the level of competency and efficiency of the personnel of law enforcement agencies of the State, the Commission shall recommend to the Governor and the General Assembly the proper action, including necessary legislation, for the purpose of: (1) Establishing reasonable minimum standards of physical, emotional, and intellectual fitness of all officers appointed to enforce the laws of this State and the political subdivisions thereof;

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(2) Establishing reasonable, basic minimum courses of training, including, but not limited to, courses or subjects for instruction, facilities for instruction, qualifications of instructors and methods of instruction; (3) Establishing procedures to be used to determine whether a law enforcement officer meets the minimum prescribed standard or has received minimum training as prescribed. (b) The Commission shall recommend a method for certifying law enforcement training and education programs as having attained the minimum required standards and for certification of instructors as being qualified under such conditions as may be legally established. (c) The Commission shall authorize and direct research and cause inspection of law enforcement standards and training to be made and shall report to the Governor and the legislature a summary of the status of standards and training of law enforcement officers in the state. (d) The Commission shall recommend curriculum for advanced courses and seminars for the further advancement of law enforcement training and education in Georgia. Section 4. In carrying out its functions as prescribed herein, the Commission shall have the following powers: Powers. (a) To contract with other agencies, public or private, or persons as it deems necessary for the rendition and affording of such services, facilities, studies and reports to the Commission as will best assist it in carrying out its duties and responsibilities; (b) To cooperate with and secure the cooperation of city, county, state, federal and other law enforcement training or education agencies in studying any matter within the scope of its duties and responsibilities and in performing its functions;

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(c) To cooperate with and secure the cooperation of every department, agency or instrumentality in the Federal or State Government, or any political subdivision thereof; (d) To accept grants, gifts, or appropriations which shall be used by the Commission to carry out its functions; (e) To make reasonable rules and regulations to carry out the duties and powers of the Commission; (f) To do all things necessary or convenient to enable it to fully and adequately perform its duties and to execute the powers granted to it. Section 5. The Commission may make reports from time to time as it deems advisable and shall make a final report to the 1969 session of the General Assembly in the event it is able to complete its functions as provided herein. In the event it completes its work and makes a report to the 1969 session, the Commission shall stand abolished as of the convening date of that session. In the event it is unable to complete its work by that time, it shall make a final report on or before December 1, 1969, on which date the Commission will stand abolished. The Commission's reports shall be presented to the Governor, to the members of the General Assembly and to such other persons as the Commission deems advisable. Reports, etc. Approved April 2, 1968. ELECTION LAWS STUDY COMMITTEE. No. 134 (House Resolution No. 490-1060). A Resolution. Creating an Election Laws Study Committee; and for other purposes. Whereas, many problems exist concerning registration, voting and elections relative to the holding of primaries and general elections, and there are ambiguities, inconsistance

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and omissions in the laws of this State relating to the various phases of elections; and Whereas, it is of great importance to the State that additional studies be made and a complete revision and recodification of the election laws be prepared for submission to the General Assembly. Now, therefore, be it resolved by the General Assembly of Georgia that there is hereby created the Election Laws Study Committee to be composed of six members of the House of Representatives, to be appointed by the Speaker thereof; six members of the Senate, to be appointed by the President thereof; and the members of the State Election Board. The Attorney General shall also serve as an ex officio member of said Committee. The members shall elect a chairman, a secretary, and such other officers as they shall deem advisable. The Committee shall adopt its own procedures for its operation. The Committee shall conduct a study of the election laws of this State and all laws relating directly or indirectly to such election laws. The Committee is authorized to hold public hearings if deemed advisable. It shall study problems as have arisen, ambiguities, inconsistencies and omissions in the present law and shall formulate a complete revision and recodification of the laws relative to elections in this State. In order to perform its duties more efficiently, the Committee is authorized to employ clerical help and a research staff, and fix the compensation therefor. It is authorized to have its reports printed if deemed desirable, and shall make such distribution thereof as it deems advisable. The Chairman may appoint subcommittees, and the Committee may adopt any procedures which it feels will enable it to carry out its purposes. The Committee is authorized to obtain such material, supplies and equipment as it deems necessary to carry out its purposes. The Committee shall make a report of its findings and recommendations to the 1969 Session of the General Assembly,

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at which time it shall stand abolished. The legislative members of the Committee shall receive the compensation, per diem, expenses and allowances authorized for members of interim legislative committees. The Secretary of State and the Attorney General shall receive no additional compensation, but shall receive reimbursement for their actual and necessary expenses relating to their services on the Committee from the same sources which they ordinarily receive reimbursement for expenses incurred in the discharge of their official duties. The members of the State Election Board shall receive the compensation authorized by law for their services as members of said board for each day spent on the official business of the Election Laws Study Committee created by this Resolution. Approved April 3, 1968. CONVEYANCE OF LAND IN DEKALB COUNTY AUTHORIZED. No. 135 (House Resolution No. 498-1089). A Resolution. Authorizing the conveyance of a certain tract of land located in DeKalb County, Georgia; and for other purposes. Whereas, a certain tract of land located in DeKalb County was acquired by the State of Georgia from a predecessor in title of Ira H. Hardin Company for the purposes of utilization as a right-of-way for a portion of the public highway system; and Whereas, said tract is more fully described as follows: All that tract or parcel of land lying and being in land lot 313 of the 18th land district of DeKalb County, Georgia, being more particularly described as follows: Beginning at the intersection of a line which is fifty (50) feet northeast of and parallel to the center line of

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Oakcliff Road with a line which is thirty (30) feet northwest of and parallel to the center line of Oakcliff Road; running thence N 42-53[unk] along said 30-foot parallel line fifty-nine and eight-tenths (59.8) feet to a point; thence N 3-10[unk]W along a straight line eighty-seven and sixty-eight hundredths (87.68) feet to a concrete monument; thence N 63-10[unk]W along a straight line three hundred twenty-eight and two tenths (328.2) feet to said 50-foot parallel line; thence southeasterly along said 50-foot parallel line back to the point of beginning. Containing 0.37 acres, more or less; and Whereas, due to a change in the location of the proposed public road, said tract of land is no longer of any use to the Highway Department or any other agency of the State government, and is, therefore, surplus property. Now, therefore, be it resolved by the General Assembly of Georgia that the State Properties Control Commission is hereby authorized and directed to advertise and accept bids for the sale of said tract of land to the highest responsible bidder; provided, however, the Commission shall have the right to reject any and all bids for said tract of land. Be it further resolved that the Governor, acting for and on behalf of the State of Georgia, is hereby authorized to convey said tract of land to said highest responsible bidder, as determined by the State Properties Control Commission, and the consideration for said conveyance shall be the amount of said highest responsible bid. Approved April 3, 1968. PROPERTY PLACED UNDER JURISDICTION OF STATE PROPERTIES CONTROL COMMISSION. No. 138 (House Resolution No. 673-1450). A Resolution. Declaring that those portions of that State property known as and presently under lease as the Western and Atlantic Railroad which are not included in new lease of said

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Railroad shall be subject to the jurisdiction, supervision and control of the State Properties Control Commission as provided in the State Properties Control Code, and for other purposes. Whereas, the State of Georgia owns the Western and Atlantic Railroad, including its terminals in the cities of Atlanta and Chattanooga, Tennessee, and certain other lands, buildings and structures in said cities and along the line of said Railroad; and Whereas, the State of Georgia did lease said Railroad by instrument dated May 11, 1917; and Whereas, said lease expires on December 27, 1969; and Whereas, said Railroad is presently listed as a property of the State of Georgia subject to the jurisdiction, supervision and control of the State Properties Control Commission; and Whereas, it has been determined that certain portions of said Railroad presently under lease are not needed for railroad purposes and are not to be included in a new lease of said Railroad; Now, therefore, be it resolved by the General Assembly of Georgia: Section 1. That those portions of the Western and Atlantic Railroad presently under lease dated May 11, 1917, which are not leased as a railroad following expiration of said lease on December 27, 1969, shall be subject to the jurisdiction, supervision and control of the State Properties Control Commission as provided in the State Properties Control Code as are other non-railroad properties of the State. Approved April 3, 1968.

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AMENDMENT TO LEASE BETWEEN WESTERN AND ATLANTIC RAILROAD COMMISSION AND CITY CENTER, INCORPORATED RATIFIED. No. 139 (House Resolution No. 709-1479). A Resolution. Approving an amendment dated the 15th day of February, 1968, to the lease contract dated the 12th day of January, 1960, entered into between the Western and Atlantic Railroad Commission and City Center, Incorporated; and for other purposes. Whereas, the Western and Atlantic Railroad Commission and City Center, Incorporated, entered into a lease dated the 12th day of January, 1960; and Whereas, the State Properties Control Commission has succeeded to the powers and duties of the Western and Atlantic Railroad Commission; and Whereas, the rights and obligations of City Center, Incorporated, under said lease have been assigned to Downtown Development Corp., FM Air Rights Company and City Center, Incorporated; and Whereas, the State Properties Control Commission has determined that it is in the best interest of the State to amend said lease; and Whereas, the State Properties Control Commission has authorized and directed the execution of an amendment to said lease subject to the approval of the General Assembly; and Whereas, the General Assembly finds that the said amendment is in the best interest of the State; Now therefore be it resolved by the General Assembly of Georgia that the said amendment, a copy of which is

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attached hereto, to said lease, be and the same is hereby approved. Amendment to Lease Contract. Whereas, the Western and Atlantic Railroad Commission and City Center, Incorporated, entered into a lease contract on the 12th day of January 1960, pursuant to authority vested in the Western and Atlantic Railroad Commission by Acts of the General Assembly approved February 17, 1950, and March 17, 1959; and Whereas, the State Properties Control Commission has succeeded to the powers and duties of the Western and Atlantic Railroad Commission; and Whereas, the rights and obligations of City Center, Incorporated, under said lease have been assigned to Downtown Development Corp., F.M. Air Rights Company and City Center, Incorporated; and Whereas, said lease imposes certain requirements and conditions upon the lessee; and Whereas, the State Properties Control Commission has determined that in order to obtain the highest and best use of the State's property, the greatest investment thereon and the highest rental value, certain amendments to said lease are necessary: Now, therefore, for and in consideration of those premises and of the mutual covenants and obligations herein contained, it is agreed by and between the parties hereto, subject to the approval of the General Assembly of Georgia, as follows: 1. The first paragraph of Paragraph 1 of said lease, which presently reads as follows: 1. Lessee will on or before December 31, 1966 commence and prosecute with due diligence and within two

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years thereafter substantially complete structures meeting the requirements hereinafter set out, having costs as follows: over Tract No. 1 a structure to cost not less than $2,500,000; over Tract No. 2, a structure the cost of which when added to the cost of the structure over Tract No. 1 shall be not less than $5,000,000; over Tract No. 3, a structure the cost of which when added to the cost of the structure over Tract No. 1 shall be not less than $5,000,000. shall be amended by striking the word thereafter and by inserting the words after lessee enters into possession of said premises under this lease between the phrases within two years and substantially complete and by adding at the end of said paragraph the following: Provided, that lessee shall guarantee to the State the faithful execution of the substantial completion of such structures by said date by depositing on or before December 31, 1968, with the Treasurer of the State of Georgia, United States bonds or other security acceptable to the State Properties Control Commission in an amount equal to the difference between the amounts determined in accordance with this paragraph and the cost of the structures completed on December 31, 1968. so that when amended said paragraph shall read as follows: Lessee will on or before December 31, 1966 commence and prosecute with due diligence and within two years after lessee enters into possession of said premises under this lease substantially complete structures meeting the requirements hereinafter set out, having costs as follows: over Tract No. 1, a structure to cost not less than $2,500,000; over Tract No. 2, a structure the cost of which when added to the cost of the structure over Tract No. 1 shall be not less than $5,000,000; over Tract No. 3, a structure the cost of which when added to the cost of the structure over Tract No. 1 shall be not less than $5,000,000. Provided, that lessee shall guarantee to the State the faithful execution of the substantial completion of such structures by said date by depositing on or before

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December 31, 1968, with the Treasurer of the State of Georgia, United States bonds or other security acceptable to the State Properties Control Commission in an amount equal to the difference between the amounts determined in accordance with this paragraph and the cost of the structures completed on December 31, 1968. 2. The second paragraph of Paragraph No. 1 of the said lease which presently reads as follows: Should the Lessee fail to commence such structure over any one or more of such tracts by December 31, 1966, then all of its rights and obligations with regard to any Tract as to which there has been such failure shall terminate. is amended so as to add the words and within two years after said lessee enters into possession of said premises under this lease substantially complete such structures between the phrases December 31, 1966 and then all of its rights and obligations, and by adding at the end of said paragraph the following: and in the event the lessee fails to substantially complete such structures by said date, then the security hereinabove provided shall be forfeited to the State as liquidated damages, except that the lessee shall have the option to forfeit its rights to and interests in Tract No. 3 in lieu of forfeiting the amount of the security as to Tract No. 3 so that as amended said paragraph shall read: Should the Lessee fail to commence such structure over any one or more of such tracts by December 31, 1966, and within two years after said Lessee enters into possession of said premises under this lease substantially complete such structures, then all of its rights and obligations with regard to any Tract as to which there has been such failure shall terminate, and in the event the Lessee fails to substantially complete such structures by said date, then the security hereinabove provided shall be forfeited to the State as liquidated damages, except that

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the Lessee shall have the option to forfeit its rights to and interests in Tract No. 3 in lieu of forfeiting the amount of the security as to Tract No. 3. 3. The first paragraph of Paragraph No. 9 of said lease which presently reads as follows: 9. During the first 25 years of the lease Lessee shall pay as rental on Tract No. 1 the sum of Twenty-one and Seventy-three One Hundredths Cents (21.73) per annum for each square foot of area in said Tract No. 1; and shall pay as rental on Tract No. 2 the sum of Thirteen and Fifty-three One Hundredths Cents (13.53) per annum for each square foot of area in said Tract No. 2; and shall pay as rental on Tract No. 3 the sum of Eight and Eight Tenths Cents (8.8) per annum for each square foot of area in said Tract No. 3. In each case the area in such tract shall be the area of a single horizontal plane bounded by the boundaries of said tract extended vertically. All rental shall be paid monthly in advance. is amended so as to strike the words and figures Twenty-one and Seventy-three One Hundredths Cents (21.73) and to insert in lieu thereof the words and figures Twenty-two Cents (22), to strike the words and figures Thirteen and Fifty-three One Hundredths Cents (13.53) and to insert in lieu thereof the words and figures Thirteen and Seventy-five One Hundredths (13.75), and to strike the words and figures Eight and Eight Tenths Cents (8.8) and to insert in lieu thereof the words and figures Nine Cents (9), so that as amended said Paragraph shall read: 9. During the first 25 years of the lease Lessee shall pay as rental on Tract No. 1 the sum of Twenty-two Cents (22) per annum for each square foot of area in said Tract No. 1; and shall pay as rental on Tract No. 2 the sum of Thirteen and Seventy-five One Hundredths Cents (13.75) per annum for each square foot of area in said Tract No. 2; and shall pay as rental on Tract No. 3 the sum of Nine Cents (9) per annum for each

Page 843

square foot of area in said Tract No. 3. In each case the area in such tract shall be the area of a single horizontal plane bounded by the boundaries of said tract extended vertically. All rental shall be paid monthly in advance. 4. The second paragraph of Paragraph No. 9 of said lease is amended by inserting the words per annum after the symbol 5% so that when amended said paragraph shall read: If at any time not less than three months nor more than six months before the commencement of any 25-year period of the term of this lease (other than the first term) either party makes written request for a reappraisal of the value of the leased property and an adjustment of the rent, then the value of the leased property (excluding the value of any improvements thereon made by Lessee) shall be determined by arbitration, as provided in Paragraph 20, and the rent shall be 5% per annum of the value so determined by arbitration during the ensuing 25-year period and thereafter unless another such reappraisal is so requested by either party; provided that under no circumstances shall the rent be less than that which prevailed during the initial 25-year period. IN WITNESS WHEREOF, LESTER G. MADDOX, Governor of the State of Georgia and Chairman of the State Properties Control Commission, has hereunto affixed his signature and caused to be affixed the seal of the State Properties Control Commission, in behalf of said State, and lessees have signed and executed this amendment, this 15th day of February, 1968. STATE OF GEORGIA By As Governor and as Chairman of the State Properties Control Commission

Page 844

Attest: As Secretary of the State Properties Control Commission Signed, seal and delivered in the presence of: NOTARY PUBLIC Attest: Signed, sealed and delivered in the presence of: DOWNTOWN DEVELOPMENT CORP. BY Signed, sealed and delivered in the presence of: NOTARY PUBLIC FM AIR RIGHTS COMPANY BY Signed, sealed and delivered in the presence of: NOTARY PUBLIC CITY CENTER, INCORPORATED BY Signed, sealed and delivered in the presence of: NOTARY PUBLIC Approved April 3, 1968.

Page 845

LEASE OF WESTERN AND ATLANTIC RAILROAD AMENDED. No. 141 (House Resolution No. 737-1616). A Resolution. Authorizing the State Properties Control Commission to amend the present and existing lease of the Western Atlantic Railroad, dated May 11, 1917, so as to postpone for six months, to June 27, 1969, the date by which the State, under Section Thirteenth, Subsection 1, of said lease, must give to the lessee of said railroad notice of the State's desire to acquire any or all property or properties acquired by the lessee during the term of said lease and used for the convenient operation of said railroad. Whereas, the present and existing lease of the Western Atlantic Railroad, dated May 11, 1917, contains the following provision in Section Thirteenth concerning the purchase by the State of certain property from the lessee: Thirteenth: At the expiration of the term of said lease the State of Georgia may claim the right of purchasing from the party of the second part any or all property or properties acquired by it during the term of the lease and used for the convenient operation of the Western Atlantic Railroad, under the following conditions, to-wit: (1) The State shall give to the party of the second part notice of its desire to acquire such property at least one year before the expiration of the lease, or in the event of an earlier termination of the lease by forfeiture or otherwise, within six months after such termination. Whereas, when the State Properties Control Commission began the required procedures regarding the new lease of the Western Atlantic Railroad, it was contemplated that such procedures would be completed in 1967, thereby permitting ample time for the State to determines its rights and desires under Section Thirteenth of the present and existing lease; and

Page 846

Whereas, the State Properties Control Commission devoted the year 1967 to redrafting the new lease and resubmitting such new lease for bids; and Whereas, there were and are many factors, including the identity of the new lessee and what effect, if any, that identity would have on the State's need and desire to exercise its rights under said Section Thirteenth, necessary to be taken into consideration in such determination by the State; and Whereas, more time is needed by the State to permit a thorough study and review of all of the elements involved in determining the rights and desires of the State under said Section Thirteenth; and Whereas, the Governor, Chairman of the State Properties Control Commission, has sought and obtained the consent of the lessee, the Louisville Nashville Railroad Company, to the postponement herein provided. Now, therefore, be it resolved by the General Assembly of Georgia that the State Properties Control Commission is authorized and directed to amend the present and existing lease of the Western Atlantic Railroad, dated May 11, 1917, so as to postpone for six months, to June 27, 1969, the date by which the State, under Section Thirteenth, Subsection 1, of said lease, must give to the lessee of said railroad notice of the State's desire to acquire any or all property or properties acquired by the lessee during the term of said lease and used for the convenient operation of said railroad. Approved April 3, 1968.

Page 847

GEORGIA ELECTION CODE AMENDEDVOTER QUALIFICATIONS. Code 34-602 Amended. No. 986 (House Bill No. 248). An Act to amend Code section 34-602 of the Georgia Election Code relating to elector qualifications for applicants acquiring age and residence qualifications, so as to provide different voter registration requirements and voting procedures in regard to elections for presidential and vice-presidential electors and for governor and lieutenant governor for certain electors; 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 34-602 of the Georgia Election Code relating to elector qualifications for applicants acquiring age and residence qualifications, is hereby amended by adding at the end of section 34-602 a new paragraph to read as follows: Notwithstanding any other provision of this section; (1) Where a person moves from without this State into this State at least thirty days prior to the primary to nominate candidates for or the general election for presidential and vice-presidential electors, and such person would have been entitled to vote for such candidates or electors except for the residence requirements contained in (d) above, and such person is not entitled to vote for such electors in any other jurisdiction, such person shall be eligible to register and vote for presidential and vice-presidential candidates or electors in such primary or election or both; provided, however, no such person shall be eligible to vote in a primary unless he shall have resided in the county for at least thirty (30) days prior to such primary. (2) Where a person moves from one county in this State into another county in this State at least thirty days prior

Page 848

to the primary election to nominate candidates for the office of governor and the office of lieutenant governor, or presidential or vice-presidential electors, or at least thirty days prior to the general election for such officers, and such a person would have been entitled to vote for such persons except for the residence requirements contained in (d) above, and such person is not entitled to vote for such persons in any other county, then such person shall be eligible to register and vote in such primary or general election or both, but only for the abovementioned candidates for nomination or for public office or for the abovementioned presidential and vice-presidential electors or both; provided, however, no such person shall be eligible to vote in a primary unless he shall have resided in the county for at least thirty (30) days prior to a primary. (3) A person desiring to qualify under subparagraphs (1) or (2) of this paragraph in order to vote for presidential and vice-presidential electors or for governor and lieutenant governor or for the nomination of such officers shall register in accordance with the procedures of this code at least fourteen days prior to the date on which the primary or election is to be held and such applicant shall submit, at the time of making application, a certified statement from the registrar or equivalent official of former residence that such applicant was a qualified voter or would have been qualified to vote in the presidential primary or election or the primary or the general election for governor and lieutenant governor if he had remained in the state or county; and such person shall certify that he will not cast any other ballot in such state or county. (4) The registrar effectuating the new registration, shall immediately mail to the appropriate office of the state or county in which the applicant last resided a duplicate of the application. (5) The registrar effectuating the new registration, shall file each duplicate application or other official information received by him from another state or county indicating that a former resident of this state or county has made application to vote at a presidential election or a primary

Page 849

or general election for the office of governor and lieutenant governor in another state or county, and shall maintain an alphabetical index thereof for a period of one year after the election. (6) Upon being satisfied that an application is proper and that an applicant is qualified to vote under this paragraph, the registrar shall prepare a list of all such qualified applicants. Such list shall contain the name of the applicant, his address and the primary or election office for which such applicant shall be entitled to vote. The superintendent shall cause to be prepared appropriate ballots which shall contain the names of the candidates for nomination or for the offices covered by this section. The superintendent shall designate either one centrally located election district or each official election district within his county, which district or districts shall be used for the purpose of permitting applicants qualified to vote as herein provided to cast their ballots in such elections and primaries. The registrar shall transmit a list of the such qualified applicants to the manager of each such election district designated by the superintendent. (7) The applicant shall vote for the candidates of his choice by the use of, and in the same manner of voting as where paper ballots are used. At the close of the poll such ballots shall be tabulated, counted and transmitted as provided by this Code for paper ballots. (8) An elector qualified to vote under the provisions of subparagraphs (1) or (2) of the paragraph shall not be entitled to vote by absentee ballot. (9) Any person wilfully making a false statement or affidavit under this Section shall, upon first offense be guilty of a misdemeanor, and upon the second and any subsequent offense be guilty of a felony. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1968.

Page 850

GEORGIA ELECTION CODE AMENDEDMETHODS OF CASTING VOTES. Code 34-1333 Amended. No. 987 (House Bill No. 1052). An Act to amend Code Chapter 34-13, relating to the conduct of primaries and elections, so as to prescribe additional methods whereby electors may cast their vote; to provide for additional manners in which certain votes shall be valid; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 34-13, relating to the conduct of primaries and elections, is hereby amended by adding at the end thereof a new section to be known as section 34-1333 and to read as follows: 34-1333 . Notwithstanding any other provisions of this Chapter or Title to the contrary, an elector, voting by paper ballots or by vote recorder may cast his vote in elections in any one of the following ways and his vote shall be counted as provided hereinafter in this section: (1) He may vote for each candidate individually as provided in this Code, as heretofore or hereafter amended. (2) He may vote a straight political party or body ticket as provided in this Code, as heretofore or hereafter amended, or (3) He may vote a `modified straight party ticket' by casting in combination a straight party vote, in the manner provided in subparagraph (2), and a vote or votes for individual candidates, in the manner provided in subparagraph (1), which shall constitute a valid vote for every candidate of the political party or body designated, except candidates for the offices of presidential electors and those offices as to which he has indicated a choice for individuals

Page 851

other than the straight party nominees, which choice shall be valid only as votes for such individuals so designated. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1968. GEORGIA ELECTION CODE AMENDEDVOTING FOR PRESIDENTIAL ELECTORS. Code Title 34 Amended. No. 988 (House Bill No. 1053). An Act to amend Code Title 34, relating to elections, as amended, so as to change the directions to voters appearing on the election ballot in reference to voting for presidential electors; to change the requirements of voting machines with respect to voting for presidential electors; to change the form of ballot labels for voting machines for presidential electors; to change the requirements of vote recorders with respect to voting for presidential electors; to provide the method of counting ballots for presidential electors; 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 34, relating to elections, as amended, is hereby amended by inserting in the first paragraph of subsection (b) of Code section 34-1103, relating to the form of the election ballot, as amended, between the words ticket and mark the following: , with the exception of candidates for offices of presidential electors,, and by adding between the first and second sentences of said paragraph the following:

Page 852

To vote for presidential electors, mark a cross ([unk]) or ([unk]) in the square opposite the names of the candidates of the party or body for the offices of President and Vice President you choose to vote for., so that when so amended subsection (b) of Code section 34-1103 shall read as follows: Code 34-1103 amended. (b) Immediately under this caption on a ballot presenting the names of candidates for election to office, the following directions shall be printed, insofar as the same may be appropriate for the election involved: To vote a straight party ticket, with the exception of candidates for offices of presidential electors, mark a cross ([unk]) or check ([unk]) in the square in the party column, opposite the name of the party of your choice. To vote for presidential electors, mark a cross ([unk]) or check ([unk]) in the square opposite the names of the candidates of the party or body for the offices of President and Vice President you choose to vote for. If you do not desire to vote a party ticket, then place a cross ([unk]) or check ([unk]) mark in the square opposite the name of each candidate you choose to vote for. To vote for a person whose name is not on the ballot, manually write his name, accompanied by the title of the office involved, in the write-in column. If you spoil your ballot, do not erase, but ask for a new ballot. Use only pen or pencil. Marks made in violation of these directions shall be disregarded in the counting of the votes cast. The names of persons inserted on the ballot by the elector shall be manually written only within the write-in column and the insertion of such names outside such column or by the use of a sticker, paster, stamp or other printed or written matter is prohibited. Section 2. Said Title is further amended by inserting in subsection (b) of Code section 34-1206, relating to the requirements for voting machines, between the words ticket and in the following:

Page 853

, with the exception of candidates for the offices of presidential electors,, and by adding at the end thereof the following: and the offices of presidential electors., so that when so amended subsection (b) of Code section 34-1206 shall read as follows: (b) It shall permit each elector, at other than primaries, to vote a straight party or body ticket, with the exception of candidates for the offices of presidential electors, in one operation; and, in one operation, to vote for all the candidates of one party or body for presidential electors; and, in one operation, to vote for all the candidates of one party or body for every office to be voted for, except those offices as to which he votes for individual candidates and the offices of presidential electors;. Code 34-1206 amended. Section 3. Said Title is further amended by striking from subsection (c) of Code section 34-1206, relating to the requirements for voting machines, the word it, and substituting in lieu thereof the following: Except as provided in subsection (b) for presidential electors, it, so that when so amended subsection (c) of Code section 34-1206 shall read as follows: (c) Except as provided in subsection (b) for presidential electors, it shall permit each elector, at other than primaries, to vote a ticket selected from the nominees of any and all parties or bodies, from independent nominations, and from persons not in nomination; . Same. Section 4. Said Title is further amended by inserting at the end of the first sentence of subsection (g) of Code section 34-1208, relating to the form of ballot labels for voting machines, the following:

Page 854

, with the exception of candidates for the offices of presidential electors, so that when so amended subsection (g) of Code section 34-1208 shall read as follows: Code 34-1208 amended. (g) The names of all candidates of a party or body shall appear in the same row or column, and no other names shall appear in the same row or columns, to the left or top of which shall be a straight party or body lever by means of which an elector may, in one operation, vote for all the candidates of that party or body for every office to be voted for, with the exception of candidates for the offices of presidential electors. The names of such candidates and independent candidates shall be arranged under or opposite the title of the office for which they are candidates and shall appear in the order prescribed by subsection (c) and the second sentence of subsection (d) of section 34-1103. The rows or columns occupied by the candidates of political parties and bodies shall be arranged according to the priority prescribed by section 34-1103 (c). Section 5. Said Title is further amended by inserting in subsection (b) of Code section 34-1220, relating to requirements for vote recorders, as amended, between the words ticket and in the following: , with the exception of candidates for the offices of presidential electors,, and by adding at the end thereof the following: and the offices of presidential electors, so that when so amended subsection (b) of Code section 34-1220 shall read as follows: (b) It shall permit each elector, at other than primaries, to vote a straight party or body ticket, with the exception of candidates for the offices of presidential electors, in one operation; and, in one operation, to vote for all the candidates of one party or body for presidential electors; and,

Page 855

in one operation, to vote for all the candidates of one party or body for every office to be voted for, except those offices as to which he votes for individual candidates and the offices of presidential electors; . Code 34-1220 amended. Section 6. Said Title is further amended by striking from subsection (c) of Code section 34-1220, relating to requirements for vote recorders, as amended, the word it, and substituting in lieu thereof the following: Except as provided in subsection (b) for presidential electors, it, so that when so amended subsection (c) of Code section 34-1220 shall read as follows: (c) Except as provided in subsection (b) for presidential electors, it shall permit each elector, at other than primaries, to vote a ticket selected from the nominees of any and all parties or bodies, from independent nominations, and from persons not in nomination; . Same. Section 7. Said Title is further amended by inserting in the second sentence of subsection (c) of Code section 34-1314, relating to the method of marking ballots, between the words body and he the following: (except its candidates for the offices of presidential electors), and by adding at the end of said sentence the following: , except its candidates for the offices of presidential electors, and by striking from the third sentence of said subsection the words entire group of, so that when so amended subsection (c) of Code section 34-1314 shall read as follows: (c) At elections, the elector shall prepare his ballot in the following manner: He may vote for the candidates of his choice for each office to be filled according to the

Page 856

number of persons to be voted for by him for each office, by making a cross (x) or check ([UNK]) mark in the square opposite the name of the candidate, or he may write, in the blank space provided therefore, any name not already printed on the ballot, and such insertion shall count as a vote without the marking of a cross (x) or check ([UNK]) mark. If he desires to vote for every candidate of a political party or body (except its candidates for the offices of presidential electors), he may make a cross (x) or check ([UNK]) mark in the square opposite the name of the party or body of his choice in the party or body column on the left of the ballot, and every such cross (x) or check ([UNK]) mark shall be equivalent to and be counted as a vote for every candidate of a party or body so marked, except its candidates for the offices of presidential electors. If he desires to vote for the presidential electors nominated by any party or body, he may make a cross (x) or check ([UNK]) mark in the appropriate square at the left of the names of the candidates for President and Vice President of such party or body. In case of a question submitted to the vote of the electors, he may make a cross (x) or check ([UNK]) mark in the appropriate square opposite the answer which he desires to give. Code 34-1314 amended. Section 8. Said Title is further amended by inserting between the words ticket and in as they appear in the second sentence of subsection (c) of Code section 34-1315, relating to the instructions of electors and manner of voting in districts in which voting machines are used, the following: (with the exception of candidates for the offices of presidential electors), so that when so amended subsection (c) of Code section 34-1315 shall read as follows: (c) At primaries, he shall vote for each candidate individually by operating the key, handle, pointer or knob, upon or adjacent to which the name of such candidate is placed. At elections, he may vote for each candidate individually by operating the key, handle, pointer or knob,

Page 857

upon or adjacent to which the names of candidates of his choice are placed, or he may vote a straight political party or body ticket (with the exception of candidates for the offices of presidential electors) in one operation by operating the straight political party or body lever of the political party or body of his choice. He may also, after having operated the straight party or body lever, and before recording his vote, cancel the vote for any candidate of such political party or body by replacing the individual key, handle, pointer or knob of such candidate, and may thereupon vote for a candidate of another party or body for the same office by operating the key, handle, pointer or knob, upon or adjacent to which the name of such candidate appears. In the case of a question submitted to the vote of the electors, the elector shall operate the key, handle, pointer or knob corresponding to the answer which he desires to give. Code 34-1315 amended. Section 9. Said Title is further amended by inserting at the end of the second sentence of subsection (b) of Code section 34-1322, relating to the manner of counting ballots, the following: , with the exception of candidates for the offices of presidential electors. A cross (x) or check ([UNK]) mark in the square opposite the names of the nominees of a political party or body for the offices of President and Vice President shall be counted as a vote for every candidate of that party or body for the offices of presidential electors, so that when so amended subsection (b) of Code section 34-1322 shall read as follows: (b) At elections, any ballot marked by any other mark than a cross (x) or check ([UNK]) mark in the spaces provided for that purpose shall be void and not counted; provided, however, that no vote recorded thereon shall be declared void because a cross (x) or check ([UNK]) mark thereon is irregular in form. A cross (x) or check ([UNK]) mark in the square opposite the name of a political party or body in the party or body column shall be counted as a vote for every candidate of that party or body so marked, with the

Page 858

exception of candidates for the offices of presidential electors. A cross (x) or check ([UNK]) mark in the square opposite the names of the nominees of a political party or body for the offices of President and Vice President shall be counted as a vote for every candidate of that party or body for the offices of presidential electors. Any erasure, mutilation or defective marking of the straight party or body column at general elections shall render the entire ballot void, unless the elector has properly indicated his choice for candidates in any other column, in which case the vote or votes for such candidates only shall be counted. Any ballot indicating a write-in for any person whose name is not printed on the ballot, shall be counted as a vote for such person, if written in the proper space or spaces provided for that purpose, whether or not a cross (x) or check ([UNK]) mark is placed before the name of such person. Section 10. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1968. GEORGIA ELECTION CODE AMENDEDFILING OF NOTICE OF CANDIDACY. Code 34-1001 Amended. No. 989 (House Bill No. 1054). An Act to amend Code section 34-1001, relating to the filing of a notice of candidacy, as amended, particularly by an Act approved March 22, 1965 (Ga. L. 1965, p. 224), and an Act approved March 30, 1965 (Ga. L. 1965, p. 349), so as to require candidates who are the nominees of a political party by virtue of the convention method of nomination, except substitute candidates nominated by the convention method, to file their notice of candidacy at least sixty (60) days prior to the general election; to repeal conflicting laws; and for other purposes.

Page 859

Be it enacted by the General Assembly of Georgia: Section 1. Code section 34-1001, relating to the filing of a notice of candidacy, as amended, particularly by an Act approved March 22, 1965 (Ga. L. 1965, p. 224), and an Act approved March 30, 1965 (Ga. L. 1965, p. 349), is hereby amended by inserting immediately after the comma as it appears in the last sentence of subsection (b) of said section the following: and any candidate who is the nominee of a political party by virtue of the convention method of nomination except substitute candidates nominated by the convention method,, so that when so amended subsection (b) of Code section 34-1001 shall read as follows: (b) Each candidate for federal or state office, or his agent, desiring to have his name placed on the ballots, shall file notice of his candidacy, giving his name, residence address and the office he is seeking, in the office of the Secretary of State at least forty-five days prior to the election in the case of a general election and at least fifteen days prior to the election in the case of a special election; except, that such filing shall not apply to a candidate for a militia district office (justice of the peace or constable). Each candidate for a county or militia district office, or his agent, desiring to have his name placed on the ballots, shall file notice of his candidacy in the office of the ordinary of his county at least forty-five days prior to the election in the case of a general election and at least fifteen days prior to the election in the case of a special election. If a runoff primary is held, each candidate nominated therein, or his agent, shall file notice of his candidacy with the appropriate officer within five days after the holding of such primary, irrespective of such five day period exceeding a qualification deadline herein above prescribed. Any candidate required to accompany his notice of candidacy with a nomination petition as hereafter prescribed, and any candidate who is the nominee of a political party by virtue of the

Page 860

convention method of nomination except substitute candidates nominated by the convention method, shall file his notice at least sixty days prior to the general election. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1968. GEORGIA ELECTION CODE AMENDEDELECTION DISTRICTS. Code 34-704.1 Enacted. No. 990 (House Bill No. 1055). An Act to amend Code Chapter 34-7, relating to election districts and polling places, so as to provide that no election district shall contain more than 2,000 electors if at the previous general election all persons desiring to do so had not completed voting one hour following the closing of the polls; 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 34-7, relating to election districts and polling places, is hereby amended by adding between Code section 34-704 and 34-705 a new section to be known as section 34-704.1 which shall read as follows: 34-704.1 . If at the previous general election, an election district contained more than 2,000 electors, and if all those electors desiring to do so had not completed voting one hour following the closing of the polls, the ordinary or the Elections Board, as the case may be, shall reduce the size of said election district so that it shall contain not more than 2,000 electors in accordance with the procedures prescribed by this Chapter for the division, alteration and

Page 861

consolidation of election districts. For administering this section, the poll manager of an election district which contained more than 2,000 electors at the previous general election shall submit a report thereof, under oath, to the ordinary or the Elections Board as to the time required for completion of voting by all persons in line at the time the polls were closed. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1968. GEORGIA ELECTION CODE AMENDEDVOTE RECORDERS. Code 34-1218 Amended. No. 991 (House Bill No. 1056). An Act to amend Code section 34-1218, relating to the number of vote recorders required to be provided for each election district, so as to provide that at least one vote recorder for each 300 electors or fraction thereof shall be provided by the governing authority in each election district in which vote recorders are used; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 34-1218, relating to the number of vote recorders required to be provided for each election district, is hereby amended by striking from subsection (b) the word six and substituting in lieu thereof the word three, so that when so amended subsection (b) of said Code section shall read as follows:

Page 862

(b) In each election district in which vote recorders are used, the governing authority shall provide at least one vote recorder for each three hundred electors, or fraction thereof, therein. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1968. GEORGIA ELECTION CODE AMENDEDSTATE ELECTION BOARD. Code 34-201, 34-202 Amended. No. 992 (House Bill No. 1057). An Act to amend Code section 34-201 of the Georgia Election Code, relating to the State Election Board, so as to change the composition of the Board; to provide for vacancies; to provide for other matters relative thereto; to amend Code section 34-202, relating to the duties of the State Election Board, so as to change the duties of the Board and authorize it to exercise additional powers relative to primaries and elections; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 34-201 of the Georgia Election Code, relating to the State Election Board, is hereby amended by striking said section in its entirety and inserting in lieu thereof a new section 34-201 to read as follows: Section 34-201. Creation, seal; by-laws; meetings; minutes of meetings .(a) There is hereby created a State board to be known as the `State Election Board' to be composed of the Secretary of State, an elector to be elected by a majority vote of the Senate of the General Assembly at its regular session held in each odd-numbered year, an elector

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to be elected by a majority vote of the House of Representatives of the General Assembly at its regular session held in each odd-numbered year, and a member of each political party to be nominated and appointed in the manner hereinafter provided. No person while a member of the General Assembly shall serve as a member of the Board. (b) A member elected by a House of the General Assembly shall take office on the day following the adjournment of the regular session in which elected, and shall serve for a term of two years and until his successor is elected and qualified, unless sooner removed. An elected member of the Board may be removed at any time by a majority vote of the House which elected him. In the event a vacancy should occur in the office of such a member of the Board at a time when the General Assembly is not in session, then the President of the Senate shall thereupon appoint an elector to fill the vacancy if the prior incumbent of such office was elected by the Senate or appointed by the President of the Senate, and the Speaker of the House of Representatives shall thereupon appoint an elector to fill the vacancy if the prior incumbent of such office was elected by the House of Representatives or appointed by the Speaker of the House of Representatives. A member appointed to fill a vacancy may be removed at any time by a majority vote of the House whose presiding officer appointed him. Each present member of the Board who was elected by a House of the General Assembly shall continue to serve on the Board until his successor is elected and qualified, unless sooner removed; and effective April 1, 1967, this sentence is hereby stricken and repealed. (c) Within thirty days after the effective date of this subsection, the State executive committee of each political party shall nominate a member of its party to serve as a member of the State Election Board and, thereupon, the Governor shall appoint such nominee as a member of the Board to serve for a term of two years from the date of the appointment and until his successor is elected and qualified, unless sooner removed. Thereafter, such State executive committee shall select a nominee for such office on the Board within thirty days after a vacancy occurs in

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such office and shall also select a nominee at least thirty days prior to the expiration of the term of each incumbent nominated by it, and each such nominee shall be immediately appointed by the Governor as a member of the Board to serve for the unexpired term in the case of a vacancy, and for a term of two years in the case of an expired term. Each successor, other than one appointed to serve an unexpired term, shall serve for a term of two years, and the terms shall run consecutively from the date of the initial gubernatorial appointment. No person shall be eligible for nomination by such State executive committee unless he is an elector and a member in good standing of the political party of the committee. Such a member shall cease to serve on the Board and his office shall be abolished if and when his political organization shall cease to be a `political party' within the definition of this Code. (d) The Secretary of State shall be the Chairman of the Board. Three members of the Board shall constitute a quorum, and no vacancy on the Board shall impair the right of the quorum to exercise all the powers and perform all the duties of the Board. The Board shall adopt a seal for its use and by-laws for its own government and procedure. (e) Meetings shall be held whenever necessary for the performance of the duties of the Board on call of the Chairman or two of its members. Minutes shall be kept of all meetings of the Board and a record kept of the vote of each member on all questions coming before the Board. The Chairman shall give to each member of the Board prior notice of the time and place of each meeting of the Board. (f) If any member of the Board shall qualify as a candidate for any office which is to be voted upon in any primary or election regulated by the Board, that member's position on the Board shall be immediately vacated and such vacancy shall be filled in the manner provided for filling other vacancies on the Board. Section 2. Code section 34-202, relating to the duties of the State Election Board, is hereby amended by striking said section in its entirety and inserting in lieu thereof a new section 34-202 to read as follows:

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Section 34-202. Duties of the Board .It shall be the duty of the State Election Board: (a) To so supervise and coordinate the work of the Secretary of State, superintendents, registrars, deputy registrars, poll officers, and other officials, as to obtain uniformity in their practices and proceedings and legality and purity in all primaries and elections; (b) To formulate, adopt and promulgate such rules and regulations, consistent with law, as will be conducive to the fair, legal and orderly conduct or primaries and elections; and upon the adoption of each rule and regulation, the Board shall promptly file certified copies thereof with the Secretary of State and each ordinary; (c) To publish and furnish to primary and election officials, from time to time, a sufficient number of indexed copies of all primary and election laws and pertinent rules and regulations then in force; (d) To publish and distribute such explanatory pamphlets regarding the interpretation and application of primary and election laws as in the opinion of the Board should be distributed to the electorate; (e) To investigate when necessary or advisable the administration of primary and election laws, and frauds and irregularities in primaries and elections, and to report violations of the primary and election laws to the appropriate solicitor general for further investigation and prosecution, (nothing in this subsection shall be so construed as to require any complaining party to request an investigation by the Board before he might proceed to seek any other remedy available to him under this Code or any other provision of law); (f) To make such recommendations as it may deem advisable to the General Assembly relative to the conduct and administration of primaries and elections;

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(g) To employ such assistants as may be necessary; and (h) To take such other action, consistent with law, as the Board may determine to be conducive to the fair, legal and orderly conduct of primaries and elections. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1968. MUNICIPALITIESVOTER REGISTRATION. No. 993 (House Bill No. 1087). An Act to authorize and empower the governing authority of municipalities to provide by resolution, or other appropriate measure, that any person who is a resident of the municipality and who is registered as an elector with the board of registrars shall be eligible to vote in a municipal primary or election; to provide the procedure connected therewith; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The governing authority of municipalities may elect to arrange for the registration of municipal electors by adopting a resolution, or other appropriate measure, providing that any person who is a resident of the municipality and who is registered as an elector with the board of registrars of the county and possesses the qualifications prescribed by the laws and Constitution of this state shall be eligible to vote in a municipal primary or election. Upon request, and upon a basis to be agreed upon by the governing authority of the county and the municipality, the board of registrars shall deliver a copy of the electors list to be used in each municipal primary or election to the designee of the governing authority of

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the municipality at least fourteen (14) days prior to each such primary or election for the purpose of permitting him to check the accuracy of the list and to challenge the disqualified. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1968. GEORGIA ELECTION CODE AMENDEDNOMINATION OF CANDIDATES BY CONVENTIONS. Code 34-1012 Enacted. No.994 (House Bill No. 1178). An Act to amend Code Chapter 34-10, relating to the nomination of candidates, as amended, so as to provide that each political party desiring to nominate candidates by convention shall adopt rules and regulations governing the conduct of such conventions; to provide that such rules and regulations shall be filed with the Secretary of State; to provide that the Secretary of State shall approve or reject such rules and regulations; to provide for requirements relating to the delegates to the convention; to provide for the giving of notice of the holding of such a convention; to require the filing of a qualification fee for candidates nominated by convention; to require that conventions be held at least 90 days prior to the date on which primaries are conducted; to provide for exceptions; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 34-10, relating to the nomination of candidates, as amended, is hereby amended by adding at the end thereof the following:

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D. Nomination of Candidates by Convention. Section 34-1012. Nomination of Candidates by Convention. (a) Any political party desiring to nominate candidates by convention shall, through its State Executive Committee, adopt rules and regulations in conformity with this Section governing the holding of such conventions for the nomination of candidates for any State, district or county office. Such rules and regulations shall be filed with the Secretary of State, and no amendment to such rules and regulations shall be effective unless filed with the Secretary of State at least 30 days prior to the date of any such convention. The State Party Chairman of such political party and its Secretary shall accompany the filing of such rules and regulations with their certificate certifying that the rules and regulations therein filed are a true and correct copy of the rules and regulations of the party pertaining to the nomination of candidates by the convention method. (b) The Secretary of State shall examine all such rules and regulations, and all amendments thereto, as shall be filed with him within 15 days after receipt thereof. If, in the opinion of the Secretary of State, any rule or regulation, or any part thereof, does not meet the requirements prescribed by this Section, he shall notify the State Party Chairman and Secretary of such party in writing, stating therein his reasons for rejecting such rule or regulation. If, in the judgment of the Secretary of State, such rules and regulations meet the requirements prescribed by this Section, they shall be approved. (c) The Secretary of State shall not approve any such rules or regulations unless they provide: (1) That a notice of the proposed date for the holding of any such convention must be published in a newspaper having a general circulation within the area to be affected at least 10 days prior to the date of any such convention. Such notice shall also state the purpose for which the convention has been called; and

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(2) That delegates to the convention shall be certified pursuant to appropriate party rules by the proper party official; and (3) That delegates to the convention shall be apportioned in such manner as will properly reflect the number of electors residing within the political subdivisions or area affected in accordance with the last United States decennial census; or apportioned according to the number of votes received by the party's candidate for the office of President of the United States in the last presidential election in the areas concerned; or apportioned according to the number of votes received by the party's candidate for the office of Governor of Georgia in the last gubernatorial election in the areas concerned; and (4) In the event that more than one county is involved, each county shall have at least one delegate to the convention, and such additional delegates as shall be allotted thereto shall be apportioned according to the provisions of (3) above; and (5) That a certified copy of the minutes of the convention, attested to by the Chairman and Secretary of the convention, must be filed by the nominee with his notice of candidacy. (d) Any candidate nominated by convention shall be required to pay to the person with whom he files his notice of candidacy the same qualifying fee as that required of candidates for the same office as prescribed by the executive committee or other rule making body of the political party involved. (e) A convention for the purpose of nominating candidates shall be held at least 90 days prior to the date on which primaries are conducted. (f) Nothing contained within this section shall be construed so as to apply to the nomination of substitute candidates by convention pursuant to the provisions of Code

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section 34-1003 or to the nomination of candidates in special elections. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1968. STATUTESINTERPRETATION OF ELECTIONS OF MEMBERS OF GENERAL ASSEMBLY ETC. No. 995 (House Bill No. 1404). An Act to provide for the interpretation of provisions of the Constitution and statutes basing elections and other actions on elections of members of the General Assembly; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. In the event an amendment to the Constitution providing for four-year terms for members of the General Assembly is ratified at the November, 1968 General Election, the General Assembly hereby declares that all provisions of the Constitution and all provisions of statutes wherein the term at the same time as elections for the members of the General Assembly or at the general election at which members of the General Assembly are elected or similar terms are used, such terms should be interpreted to mean the general election each two years in the even-numbered years rather than each four years. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1968.

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OGEECHEE JUDICIAL CIRCUITTERMS. No. 996 (House Bill No. 1569). An Act to change the terms of the Superior Courts of the Ogeechee Judicial Circuit; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The terms of the Superior Courts of the Ogeechee Judicial Circuit shall commence as follows: Screven Superior Courtthe third Mondays in January, April, July and October; Bulloch Superior Courtthe third Mondays in February, May, August and November; Effingham Superior Courtthe third Monday in June and first Monday in December; Jenkins Superior Courtthe third Mondays in March and September. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1968. GEORGIA ELECTION CODE AMENDED. No. 997 (House Bill No. 1051). An Act to amend Title 34 of the Code of Georgia, relating to elections, as amended, so as to provide for additional deputy registrars; to provide that certain tax commissioners or tax collectors shall be a deputy to certain boards of registrars; to provide for the hours which the main office of the board of registrars shall remain open;

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to change certain of the procedures relating to the registration of electors; to provide that electors may vote only in the election district in which they reside, with certain exceptions; to provide for the transferring of the elector's registration; to provide that no elector shall vote in any county other than the county of his residence; to provide that no person shall be a candidate in a primary for more than one of certain listed public offices; to change certain provisions relating to substituted nominations made by conventions; to change the method of determining the number of signatures required on nomination petitions; to change the method of marking ballots in primaries; to provide how certain ballots may be counted; to make provision for the design of the ballot card for vote recorders; to change the method of marking certain ballots and to provide that improperly marked ballots shall not be counted; to provide that the Secretary of State shall prescribe the form and arrangement of ballot labels; to change the method of folding the ballot prior to depositing the ballot in the ballot box; to change the method of marking spoiled vote recorder ballots; to change the number of electors who may be assisted in voting by any one person; to authorize the use of more than one tabulating center for tabulating votes cast on vote recorders; to provide that the write-in ballot and the ballot card shall be kept together if the votes exceed the number allowed by law; to allow poll officers to vote by absentee ballot; to provide that in counties using voting machines or vote recorders absentee ballots may conform substantially to the form of ballot labels for such machines or recorders; to change certain of the procedures relating to voting by absentee ballot; to provide that counties in which the use of vote recorders has been authorized may furnish, free of cost, for party primaries, the use of the recorder, all labels, ballot cards and other supplies, and may provide necessary service for counting ballots; to change the provisions relating to who may contest an election; to provide the procedure connected with all of the foregoing matters; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1. Title 34 of the Code of Georgia, relating to elections, as amended, is hereby amended by striking in its entirety Code section 34-604, relating to deputy registrars, and substituting in lieu thereof a new Code section 34-604 to read as follows: Section 34-604. Deputy Registrars. (a) The registrars may appoint additional deputies and hire clerical help to aid them in the discharge of their duties if the compensation required therefor has been first approved by the governing authority of the county. (b) In every county wherein the registrars do not maintain an office which is open and staffed during regular business hours when the tax commissioner or tax collector's office is open, the tax commissioner or the tax collector shall be a deputy to the board of registrars. He shall perform the duties required of him under this Chapter with no extra compensation unless the governing authority so authorizes. He may, with the prior approval of the board, designate one or more of his own deputies to act as additional deputies. Section 2. Said Title is further amended by striking the period at the end of the title of Code section 34-610, relating to voting registration, and inserting in lieu thereof the following: office hours.; and by inserting (a) immediately preceding the first sentence of said Code section; and by striking the word an from the first sentence of said Code section and inserting in lieu thereof the words a main; and by striking the period at the end of the second sentence thereof and inserting in lieu thereof the words and such office shall be deemed the main office of the board of registrars.; and by adding a new subsection at the end thereof so that when so amended Code section 34-610 shall read as follows: Section 34-610. Keeping of registration cards and other papers; voter registration places; office hours. (a) In those counties where the registrars have a main office

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separate from the office of the tax collector or tax commissioner, the registrars shall keep the completed registration cards and their other papers in such office which shall be in the courthouse or other public building. If no such office exists, the registrars shall keep the completed registration cards and their other papers in the office of the tax collector or the tax commissioner; and such office shall be deemed the main office of the board of registrars. For the purpose of taking applications for registration and for the purpose of registering electors, such number of registrars or deputy registrars as shall be designated by the chief registrar shall be stationed at such main office where the completed registration cards are kept at such times as the office is open during regular office hours. The chief registrar, in addition to the main office, may designate other fixed places in the county to be used for the purpose of receiving applications for registration and for the registration of electors. In any county having a population of more than 100,000, according to the United States Decennial Census of 1960 or any such future census, the chief registrar in each even-numbered year shall designate and staff, on a full or part-time basis, additional voter registration places within the county at least six months prior to the voter registration deadline for the November election in that year. Blank registration cards shall be kept in the places designated for registration and completed registration cards shall be kept in the main office of the registrars. (b) The main office of the board of registrars in each county shall remain open for business during regular office hours on each business day, except Saturday. The board of registrars may enlarge such minimum office hours and may open the offices at any time in order to suit the convenience of the public. Section 3. Said Title is further amended by striking in its entirety the title and subsection (a) of Code section 34-613, relating to registration, and inserting in lieu thereof the following: Section 34-613. Examination of registration card; registration. (a) If the answer to the question propounded

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to the applicant relating to the offenses enumerated in Paragraph I of Section II of Article II of the State Constitution is answered in the affirmative and the applicant has not been pardoned, the registration officer shall reject the application. If such question is answered in the negative, the applicant shall be immediately subjected to an examination as to his qualifications. The examination of the applicant shall be conducted in accordance with the procedure hereinafter prescribed. Section 4. Said Title is further amended by striking in its entirety Code Section 34-629, relating to place of voting, and substituting in lieu thereof a new Code Section to read as follows: Section 34-629. Voting only from lists; exception in counties of 40,000 or less. All persons whose names appear on the list of electors placed in the possession of the managers in each election district, and no others, shall be allowed to deposit their ballots according to law, at the election district in which they are registered, except that in counties having a population of less than 40,000 according to the 1960 United States decennial census or any future such census, an elector may be permitted to cast his vote in that election district containing the county courthouse. Section 4A. Said Title is further amended by striking in its entirety subsectin (c) of Code section 34-631, relating to the change of residency of an elector, and substituting in lieu thereof a new subsection (c) to read as follows: (c) An elector who desires to transfer his registration as described in subsections (a) and (b) of this section shall make such application at least fifteen days prior to the primary or election in which he wishes to vote, and the board of registrars shall complete such transfer at least five days prior to such primary or election. No person shall vote in any county except the county of his residence. Code 34-631 amended. Section 5. Said Title is further amended by adding at the end of Code section 34-1001, as amended, relating to

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the nomination of candidates, a new subsection to be subsection (f) and to read as follows: (f) No person shall be nominated, nor shall any person be a candidate in a primary, for more than one of the following public offices to be filled at any one election: Governor, Lieutenant Governor, Secretary of State, Attorney General, State School Superintendent, Comptroller General, Treasurer, Commissioner of Agriculture, Commissioner of Labor, United States Senator, or Representative in Congress, Public Service Commissioner, Justice of the Supreme Court, Judge of the Court of Appeals, Ordinary, Clerk of Superior Court, Tax Commissioner, Tax Collector, Sheriff, Judge of Superior Court, County Treasurer, County School Superintendent, Tax Receiver, and members of the Senate and House of Representatives of the General Assembly. Code 34-1001 amended. Section 6. Said Title is further amended by striking in its entirety subsection (a) of Code section 34-1003, relating to the nomination of candidates, and substituting in lieu thereof a new subsection (a) to read as follows: (a) Any vacancy happening in any party nomination (filled by primary) for a public office to be filled by the vote of the electors of more than one county, by reason of the death or withdrawal of any candidate therefor, occuring after nomination but at least ten days prior to the election to fill the public office sought by such candidate, may be filled by a substituted nomination made by a convention composed of the delegates of the county executive committee of such party in each county in which electors reside who are eligible to vote for the filling of such public office. Immediately upon such vacancy occurring, the State executive committee, or a subcommittee thereof appointed for the purpose, shall fix a time within six days of the happening of such vacancy and shall select and provide a convenient place for the holding of such a convention, which shall be open to the public, and shall give notice thereof to the chairman and secretary of each county executive committee entitled to participate in the convention. Each county executive committee shall be entitled to select the number of

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delegates apportioned to it by the State executive committee; provided, however, that each county executive committee shall be entitled to select at least one delegate. Such apportionment of delegates among the counties shall be based substantially upon the population of the area involved in the convention according to the last United States Decennial Census, or upon the number of votes cast within such area for the party's candidates for presidential electors in the last presidential election. A two-thirds majority of the delegates of such county executive committees shall constitute a quorum for the transaction of business, and a majority of the delegates present while a quorum exists shall be sufficient to fill such nomination by a substituted nomination. Each delegate shall have one vote and all votes taken shall be by a roll call vote. The records of the convention shall be filed with the State executive committee. In the event such a vacancy in party nomination shall happen during the ten days preceding the day of such an election or on the morning of such an election prior to the opening of the polls, such vacancy may be filled by a substituted nomination made by the State executive committee or a subcommittee thereof appointed for the purpose. Code 34-1003 amended. Section 7. Said Title is further amended by striking in its entirety subsection (b) of Code section 34-1010, relating to nomination petitions, as amended by an Act approved March 30, 1965 (Ga. L. 1965, p. 349), and substituting in lieu thereof a new subsection (b) to read as follows: (b) A nomination petition of a candidate shall be signed by a number of electors of not less than five percent of the total number of electors eligible to vote in the last election for the filling of the office the candidate is seeking; except that in the case of a candidate seeking the office of judge of the superior court or solicitor general the five percent figure shall be computed only on the total number of such electors of the judicial circuit directly involved. Code 34-1010 amended. Section 8. Said Title is further amended by striking the words Mark Out the name of each candidate for whom you do not wish to vote from subsection (b) of Code

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section 34-1102, relating to the form of primary ballots, and inserting in lieu thereof the words Place a cross (x) or check ([unk]) mark in the square opposite the name of each candidate for whom you choose to vote, and by striking therefrom the last sentence thereof which reads as follows: Marks made in violation of these directions shall be disregarded in the counting of the votes cast., so that, when so amended, subsection (b) of Code section 34-1102 shall read as follows: (b) Immediately under this caption, the following directions shall be printed: `Place a cross (x) or check ([unk]) mark in the square opposite the name of each candidate for whom you choose to vote. If you spoil your ballot, do not erase, but ask for a new ballot. Use only pen or pencil.' Code 34-1102 amended. Section 9. Said Title is further amended by striking subsections (b) and (c) of Code section 34-1222, relating to vote recorders, and inserting in lieu thereof new subsections (b) and (c) to read as follows: (b) The arrangement of offices, names of candidates and questions upon the ballot labels shall conform as nearly as practicable to the provisions of this Code for the arrangement of same on paper ballots. Provided, however, that such form may be varied in order to present a clear presentation of candidates and questions to the electors. In the event that there are more candidates for any office than can be placed upon one page, the label shall be clearly marked to indicate that the names of candidates for the office are continued on the following page. Code 34-1222 amended. (c) The form and arrangement of ballot labels shall be prescribed by the Secretary of State and prepared by the superintendent. Section 9A. Said Title is further amended by striking in its entirety Code section 34-1224, relating to write-in ballots in districts using vote recorders, and inserting in lieu thereof a new Code section 34-1224 to read as follows: Section 34-1224. Write-in ballots . In elections, electors shall be permitted to cast write-in votes. The design of the

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ballot card shall permit the managers in counting the write-in votes to readily determine whether an elector has cast any write-in vote not authorized by law. The Secretary of State in specifying the form of the ballot, and the State Election Board in promulgating rules and regulations respecting the conduct of elections, shall provide for ballot secrecy in connection with write-in votes. Section 10. Said Title is further amended by adding between Code sections 34-1322 and 34-1323, a new Code section to be numbered Code section 34-1322A and to read as follows: Section 34-1322A. Ballots marked other than as prescribed . Notwithstanding any other provisions of this Title or Code to the contrary, if the elector has marked his ballot in such a manner that he has indicated clearly and without question the candidate for whom he desires to cast his vote, his ballot shall be counted and such candidate shall receive his vote, notwithstanding the fact that the elector in indicating his choice may have marked his ballot in a manner other than as prescribed by this Title or Code. Section 11. Said Title is further amended by striking from Subsection (b) of Code section 34-1314, relating to the conduct of primaries and elections, the following: marking out the name of each candidate for whom he does not wish to vote and inserting in lieu thereof the words making a cross (x) or check ([unk]) mark in the square opposite the name of each candidate; and by adding two new sentences at the end thereof to read as follows: No elector shall be permitted to cast a write-in ballot in a primary. A ballot upon which a voter has marked out or struck through the name of a candidate for whom the voter does not intend to cast his vote may be counted if the ballot clearly indicates that candidate for whom the voter desired to cast his vote., so that when amended, said Subsection (b) of Code section 34-1314 shall read as follows: (b) At primaries, the elector shall prepare his ballot in the following manner: He shall vote for the candidates

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of his choice for nomination or election, according to the number of person to be voted for by him, for each office, by making a cross (x) or check ([unk]) mark in the square opposite the name of each candidate. No elector shall be permitted to cast a write-in ballot in a primary. A ballot upon which a voter has marked out or struck through the name of a candidate for whom the voter does not intend to cast his vote may be counted if the ballot clearly indicates that candidate for whom the voter desired to cast his vote. Code 34-1314 amended. Section 12. Said Title is further amended by striking in its entirety subsection (d) of Code section 34-1314, relating to the conduct of primaries and elections, and inserting in lieu thereof a new subsection (d) to read as follows: (d) Before leaving the voting compartment, the elector shall fold his ballot, without displaying the markings thereon, in the same way it was folded when received by him, and he shall then leave the compartment and exhibit the number strip of the ballot to a poll officer who shall ascertain by an inspection of the number appearing thereon whether the ballot so exhibited to him is the same ballot which the elector received before entering the voting compartment. If it is the same, the poll officer shall direct the elector, without unfolding the ballot, to remove the perforated portion containing the number, and the elector shall immediately deposit the ballot in the ballot box. If the ballot is marked `Challenged', the numbered perforated portion shall not be removed and the ballot shall be deposited with it attached. Any ballot, other than one marked `Challenged', deposited in a ballot box at any primary or election without having such number removed shall be void and shall not be counted. Code 34-1314 amended. Section 12A. Said Title is further amended by striking in its entirety subsection (c) of Code section 34-1316, relating to the manner of voting in districts in which vote recorders are used, and substituting in lieu thereof a new subsection (c) of Code section 34-1316 to read as follows: (c) If an elector spoils or defaces a ballot card or write-in ballot, he shall return it to the managers and receive

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another. A manager shall immediately cancel the spoiled ballot by writing the word `spoiled' across said ballot, and shall place it in the container for spoiled ballots. Section 13. Said Title is further amended by striking from the second sentence of subsection (B) of Code section 34-1317, relating to the conduct of primaries and elections, as amended by an Act approved March 4, 1966 (Ga. L. 1966, p. 185), the following: one and elector, and by inserting in lieu thereof the following: five and electors, and by striking therefrom the last sentence, so that when so amended said Subsection (b) of Code section 34-1317 shall read as follows: Code 34-1316 amended. (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 five such electors in any primary or election. Code 34-1317 amended. Section 14. Said Title is further amended by adding at the end of subsection (d) of Code section 34-1328, relating to the duties of poll officers after the close of the polls in districts in which vote recorders are used, the following: or centers, as designated by the superintendent; and by striking from subsection (f) the following: shall be returned to the envelope, and inserting in lieu thereof: shall be kept with the write-in ballot, so that when so amended subsection (d) and subsection (f) of Code section 34-1328 shall read as follows: (d) Place ballot cards in the ballot container to be taken to the tabulating machine center or centers, as designated by the superintendent.

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(f) Examine each write-in vote to ascertain whether it is valid by checking with the vote cast on the ballot card by the same elector; and if any vote cast on the write-in ballot in combination with the vote cast for the same office on the ballot card, exceeds the allowed number for the office, the entire vote cast for that office shall be marked void and shall not be counted; and the ballot of such elector shall be kept with the write-in ballot, on which shall be written a notation that the vote or votes cast for the office concerned are invalid because they exceed the number allowed by law; and the write-in ballot and the ballot card of such elector shall be returned with the defective ballot cards to the tabulating machine center, where a duplicate ballot card shall be made on which any invalid vote shall be omitted; Code 34-1328 amended. Section 15. Said Title is further amended by inserting between the words in and or as they appear in Code section 34-1401, relating to absentee ballots, the following: , or who will be a poll officer in an election district other than the one of his residence in the election he desires to vote in, so that when so amended, Code section 34-1401 shall read as follows: Section 34-1401. Definition. The words `absentee elector', when used in this Chapter, shall mean, unless otherwise clearly apparent from the context, an elector of the State of Georgia who is required to be absent from the county of his residence during the time of the primary or election he desires to vote in, or who will be a poll officer in an election district other than the one of his residence in the election he desires to vote in, or who because of physical disability will be unable to be present at the polls on the day of such primary or election. Section 15A. Said Title is further amended by striking in its entirety Code section 34-1403, relating to the form of absentee ballots, and substituting in lieu thereof a new Code section 34-1403 to read as follows: Section 34-1403. Official absentee ballots. Ballots for use by absentee electors shall be prepared sufficiently in advance by the superintendent and shall be delivered to the board of registrars as hereinafter provided. Such ballots shall be marked `Official Absentee Ballot' and shall be in

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substantially the form for ballots required by Chapter 34-11, except that in counties using voting machines or vote recorders the ballots may be in substantially the form for the ballot labels required by Chapter 34-12. The form for either ballot shall be determined and prescribed by the Secretary of State. Section 16. Said Title is further amended by striking in its entirety subsection (a) of Code section 34-1406, relating to voting by absentee electors, as amended by an Act approved March 8, 1965 (Ga. L. 1965, p. 119), and substituting in lieu thereof the following: (a) At any time after receiving an official absentee ballot, but before the day of the primary or election, the elector for the purpose of voting, may appear: (i) within the confines of a post office, before a postmaster of the United States or a postal employee designated by a postmaster; (ii) before any commissioned officer of the active armed service of the United States if the elector is a member of such service or if the elector is the spouse or dependent of a member of such service; (iii) before any consul of the United States or his assistant; (iv) before a registrar or deputy registrar of the county of the elector's residence; or (v) before the registrar of any college or university or any employee thereof who has been designated by the registrar. The elector shall first display the ballot to such person as evidence that the same is unmarked, and then shall proceed to mark the ballot with a pen or pencil, in the presence of such person, but in such manner that the person administering the oath is unable to see how the same is marked, and then fold the ballot, enclose and securely seal the same in the envelop on which is printed `Official Absentee Ballot'. This envelope shall then be placed in the second one, on which is printed the form of affidavit of the elector, the form of jurat of the person before whom the elector appears, and the address of the elector's board of registrars. The elector shall then fill out, subscribe and swear to the affidavit printed on such envelope, and the jurat shall be subscribed and dated by the person before whom the affidavit was taken. Such envelope shall then be securely sealed and the elector shall then mail or personally deliver same to the board of registrars.

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Section 16A. Said title is further amended by adding to Code section 34-1217, Authorization of Vote Recorders, the following language, to-wit: In all counties where the use of Vote Recorders has been authorized, the governing authorities may furnish without cost to any political party in any primary election, the use and servicing of such Vote Recorders, and the necessary ballot labels, ballot cards, and supplies, and further, may provide equipment and trained personnel for counting ballots, after same have been cast in such primary election. Section 17. Said Title is further amended by striking from Code section 34-1702, relating to who may file a contest, the following: five electors who were, and substituting in lieu thereof the following: aggrieved elector who was, so that when so amended Code section 34-1702 shall read as follows: Section 34-1702. Contest authorized; contestant. The nomination of any person who is declared nominated at a primary as a candidate for any Federal, State or county office; or the election of any person who is declared elected to any such office (except when otherwise prescribed by the Federal or State Constitution); or the eligibility of any person declared eligible to seek any such nomination or office in a runoff primary or election; or the approval or disapproval of any question submitted to electors at an election; may be contested by any person who was a candidate at such primary or election for such nomination or office, or by any aggrieved elector who was entitled to vote for such person or for or against such question. Section 18. All laws and parts of laws in conflict with this Act are hereby repealed. Section 19. If any provision, clause or section of this Act shall be declared invalid, void, or unconstitutional such declaration shall not affect the other provisions of the Act which shall remain of full force and effect. Approved April 4, 1968.

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Compiler's Note: The effective date of the following Act is September 1, 1968. See section 3. GEORGIA MUNICIPAL ELECTION CODE. Code Title 34A Enacted. Code 69-9902 Repealed. No. 998 (Senate Bill No. 151). An Act to amend the Code of Georgia of 1933, as amended, so as to insert following Title 34, relating to elections, a new Title to be designated as Title 34A; to prescribe procedures and requirements for the conduction of certain aspects of municipal election processes; to set forth the application of Title 34A and the Georgia Municipal Election Code; to define certain terms; to provide for the construction of the Code; to provide for the computation of time in certain cases; to provide that certain subversive persons shall not be nominated or elected; to provide that certain persons shall not be eligible for nomination or election to municipal offices; to make provisions for municipal primary and election records; to provide for the preservation of said records; to provide that the State Election Board shall exercise certain powers and duties in relation to municipal primaries and elections; to set forth the powers and duties of the governing authorities of municipalities in relation to primaries and elections; to provide for the powers and duties of municipal election superintendents; to provide for poll officers; to provide for registration of municipal electors; to provide for municipal registrars; to provide for the changing of electors' lists; to provide for the preparation of elector's lists; to provide for the challenging of persons listed on elector's lists; to provide that certain persons shall vote only if their names appear upon the elector's lists; to provide for election districts and polling places; to provide for the creation of new election districts; to provide how polling places may be selected; to provide for the equipment and arrangement of

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polling places; to provide for notice of municipal primaries, elections, special elections and bond elections; to make provisions relative to municipal political parties and bodies; to provide for the nominations of candidates; to provide for substituted nominations; to provide for qualification fees; to provide for the nomination of party candidates by primaries; to provide for the nomination of candidates by petition; to provide for nonpartisan primaries; to make provision for ballots; to provide the form of the official primary ballot; to provide the form of the official nonpartisan ballot; to provide the form of the official election ballot; to make provisions relative to voting machines and vote recorders for use in municipal elections; to prescribe how primaries and elections shall be conducted; to provide for the conduct of special elections; to provide where electors shall vote; to provide for the preservation of elector's lists; to provide the procedure for conducting elections in districts using paper ballots; to provide for the counting of ballots; to provide the procedures for conducting elections in districts using voting machines; to provide the procedure for conducting elections in districts using vote recorders; to provide for absentee voting; to provide the procedures relative to the returns of primaries and elections; to provide that municipal charters shall govern the vote required for municipal runoff primaries and elections; to provide for automatic recounts; to provide for special elections; to provide the procedures for contesting primaries and elections; to provide for penalties; to repeal certain specific acts in conflict with the provisions of the Municipal Election Code; to provide the procedures 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. The Code of Georgia of 1933, as amended, is hereby amended by inserting between Titles 34 and 35, relating to elections and eleemosynary institutions, respectively, a new Title to be known as Title 34A and to read as follows:

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TITLE 34A. MUNICIPAL ELECTION CODE. Chapter 34A-1. Preliminary Provisions. Section 34A-101. Short Title. This Title may be cited as the `Georgia Municipal Election Code' and references to the term `Code' as used within this Title shall be deemed to refer to the Georgia Municipal Election Code and Title 34A of the Code of Georgia of 1933. Section 34A-102. Application of Code. This Code shall apply to any general or special election in every municipal corporation of this State to fill any municipal office, and to any general or special municipal primary, if any, to nominate condidates for any such office, to any election to submit a question to the people, and to any other municipal election or primary for any other purpose whatsoever. Except as specifically provided in this Code, its provision shall take precedence over municipal charter provisions which are in conflict herewith. Section 34A-103. Definitions. The following words, when used in this Code, shall have the following meanings, unless otherwise clearly apparent from the context: (a) The word `ballot' shall mean an official ballot; (b) The words `ballot card' shall mean the tabulating or punch card upon which an elector records his vote by the use of a vote recorder; (c) The words `ballot labels' shall mean the cards, paper or other material placed on the front of a voting machine or vote recorder containing the names of offices and candidates and statements of questions to be voted on; (d) The word `custodian' shall mean the person charged with the duty of testing and preparing the voting machine or vote recorder for the primary or election and instructing the poll officers in the use of same; (e) The word `election' shall mean any general or special municipal election and shall not include a municipal primary;

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(f) The words `election district' or `precinct' shall mean a district, established in accordance with the provisions of this Code, within which all electors vote at one polling place; (g) The word `elector' shall mean any person who shall possess all of the qualifications for voting now or hereafter prescribed by the laws of this State including applicable charter provisions and who shall have registered in accordance with the provisions of this Code; (h) The words `general election' shall mean an election recurring at stated intervals fixed by the respective municipal charters for the purpose of electing municipal officials; (i) The words `governing authority' shall mean the governing authority of a municipality; and (j) The word `independent' shall mean a person unaffiliated with any political party or body; (k) The word `managers' shall mean the chief manager and the assistant managers required to conduct municipal primaries and elections in any election district or precinct in accordance with the provisions of this Code; (l) The word `municipality' shall mean an incorporated municipality; (m) The words `municipal office' shall include every municipal office to which persons can be elected by a vote of the electors under the laws of this State and the respective municipal charters; (n) The word `nomination' shall mean the selection, in accordance with the provisions of this Code, of a candidate for municipal office authorized to be voted for at a municipal election; (o) The word `oath' shall include affirmation and the word `swear' shall include affirm; (p) The words `official ballot' shall be deemed to include the list of offices and candidates, and the statements of questions on the voting machine or vote recorder;

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(q) The words `paper ballot' shall not include a ballot card; (r) The words `party nomination' shall mean the selection by a political party, in accordance with the provisions of this Code, of a candidate for a municipal office authorized to be voted for at a municipal election; (s) The words `political body' or `body' shall mean any political organization other than a political party; (t) The words `political organization' shall mean an affiliation of electors organized for the purpose of influencing or controlling the policies and conduct of government through the nomination of candidates for public office and, if possible, the election of its candidates to public office; except that the words `political organization' shall not include a `subversive organization' as defined in the Sedition and Subversive Activities Act of 1953, approved February 25, 1953 (Ga. L., 1953, Jan.-Feb. Sess., p. 216), as amended by an Act, approved December 12, 1953 (Ga. L., 1953, Nov.-Dec. Sess., p. 73), or as the said Act may hereafter be amended; (u) The words `political party' or `party' shall mean any political organization which at the preceding (i) gubernatorial election nominated a candidate for Governor, and whose candidate for Governor at such election polled at least twenty percent of the total vote cast in the State for Governor, or (ii) presidential election nominated a candidate for President of the United States, and whose candidates for presidential electors at such election polled at least twenty percent of the total vote cast in the Nation for that office; (v) The words `poll officers' shall mean the chief manager, assistant managers and clerks required to conduct municipal primaries and elections in any election district or precinct in accordance with the provisions of this Code; (w) The words `polling place' shall mean the room provided in each election district or precinct for voting at a municipal primary or election;

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(x) The word `primary' shall mean any election held for the purpose of electing party officers or nominating candidates for municipal offices to be voted for at a municipal election; (y) The word `question' shall mean a brief statement of such charter amendment or other proposition as shall be submitted to a popular vote at any municipal election; (z) The word `registrar' shall mean, unless otherwise clearly apparent from the context, the municipal registrar. (aa) The words `registration officers', when used in this Code, shall mean, unless otherwise clearly apparent from the context, one or more municipal registrars or one or more deputy municipal registrars or any combination thereof, as may be determined by the governing authority; and (ab) The word `residence' shall mean domicile; (ac) The words `special election' shall mean a municipal election that arises from some exigency or special need outside the usual routine; and the words `special primary' shall mean municipal primary that arises from some exigency or special need outside the usual routine; (ad) The word `superintendent' shall mean (i) the municipal executive committee of the political party holding the primary within a municipality (or its agent), or if none, the county executive committee of the political party (or its agent), in the case of a primary, (ii) the person appointed by the proper municipal executive committee in the case of a non-partisan primary, and (iii) the person appointed by the governing authority pursuant to authority granted in Section 34B-201 (c) of this Act in the case of a municipal election; (ae) The words `tabulating machine' shall mean any data processing machine used in counting ballot cards and tabulating votes thereon; (af) The words `vote recorder' shall mean a device into which a ballot card may be inserted so that an elector may

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record his vote for any candidate and for or against any question by punching or marking the ballot card; (ag) The words `voting machine' shall not include a vote recorder or tabulating machine; (ah) The words `write-in-ballot' shall mean the paper or other material on which a vote is cast for persons whose names do not appear on the ballot labels; Section 34A-104. Construction. The provisions of this Code, so far as they are the same as those of existing laws, are intended as a continuation of such laws, and not as new enactments. The provisions of this Code shall repeal any existing provision or provisions of any municipal act in conflict hereto. The repeal by this Code of any act of the General Assembly or any municipal corporation, or part thereof, shall not revive any act, or part thereof, heretofore repealed or susperseded. The provisions of this Code shall not affect any act done, liability or penalty incurred, right accrued or vested, or nomination made prior to the taking effect of this Code, nor shall they affect any suit or prosecution then pending or to be instituted to enforce any right or penalty then accrued or to punish any offense theretofore committed. Section 34A-105. Computation of time in certain cases. When a number of days is prescribed in this Code as a deadline for the exercise of any privilege or the discharge of any duty and such number of days is modified by the words `at least', then the full number of such days shall intervene between the last day on which such privilege may be exercised or duty discharged and the subsequent event; and if the last day shall fall on a Sunday or a legal holiday, then the next preceding business day shall be considered as the last day for the exercise of such privilege or the discharge of such duty. Section 34A-106. Subversive person not to be nominated or elected. No person shall be nominated or elected in accordance with the provisions of this Code who has been adjudged a `subversive person' as defined in the Sedition and

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Subversive Activities Act of 1953, approved February 25, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 216), as amended by an Act, approved December 12, 1953 (Ga. L., 1953, Nov.-Dec. Sess., p. 73), or as the said Act may hereafter be amended. Section 34A-107. Person convicted of certain crimes not to be eligible for nomination or election to municipal office or serve as municipal primary or election official. No person shall be eligible for party nomination for or election to municipal office or shall perform any of the official acts or duties set forth in this Code in connection with any election or primary held under the provisions hereof as a superintendent, registrar, deputy registrar, poll officer or party officer, who has been convicted and sentenced in any court of competent jurisdiction for fraudulent violation of primary or election laws, malfeasance in office, felony or crime involving moral turpitude, under the laws of this State, or any other State or of the United States, unless on appeal such conviction shall have been set aside or unless such person shall have been pardoned. Section 34A-108. Right of electors to inspect and copy municipal primary and election records. Except when otherwise provided by law or court order, the primary and election records of each governing authority, superintendent, registrar and committee of a political party or body, including registration statements, nomination petitions, affidavits, certificates, tally papers, returns, accounts, contracts, reports and other documents in custody, shall be open to public inspection and many be inspected and copied by any elector during usual business hours at any time when they are not necessarily being used by the custodian or his employees having duties to perform in reference thereto; provided, however, that such public inspection thereof shall only be in the presence of the custodian, or his employee, and shall be subject to proper regulations for the safekeeping of such documents. Section 34A-109. Preservation of records. Each primary or election document on file in the office of a governing authority, superintendent, registrar, committee of a political party or body, or other officer, shall be preserved

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therein for a period of one year and then the same may be destroyed. Section 34A-110. Powers and duties of State Election Board. The State Election Board shall exercise the same powers and duties over municipal primaries and elections as over general primaries and elections as set forth in Chapter 34-2 of the Georgia Election Code (1964), or as it may hereinafter be amended. Chapter 34A-2. Governing Authority. Section 34A-201. Powers and duties of Governing Authority. The Governing Authority shall exercise all the powers granted it by this Code, and shall perform all the duties imposed upon it by this Code, which shall include the following: (a) To budget and appropriate annually, and from time to time, the funds that it shall deem necessary for the conduct of elections in such municipality and for the performance of other duties under this Code, including the payment: of the compensation of the superintendent, the registrars, the poll officers, custodians and other assistants and employees herein provided for; for the purchase or printing of all ballots and other election supplies required by this Code; for the maintenance of voting machines, vote recorders and of all other election equipment required by this Code; and for all other expenses arising out of the performance of election duties under this Code; (b) To provide, if required by charter or ordinance, by purchase or rental, the necessary number of voting machines, tabulating machines and vote recorders; (c) To select the superintendent, registrars, deputy registrars, poll officials and other employees as provided herein; (d) To designate the polling places for all primaries and elections;

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(e) To designate by ordinance or resolution voting districts or precincts for primaries and elections and to alter said districts or precincts as necessary; (f) To make and issue such rules, regulations and instructions, consistent with law (including the rules and regulations promulgated by the State Election Board), as it may deem necessary for the guidance of the superintendent, registrars, poll officers, custodians and electors in elections; such rules and regulations to be adopted by ordinance and a copy filed with the city clerk promptly after enactment or revision; (g) To furnish the proper election officials all blank forms, including tally and return sheets, for use in all municipal elections, and such forms shall have printed thereon appropriate instructions for their use; (h) To furnish upon request a certified copy of any document in its custody by virtue of the provisions of this Code and to fix, and charge a fee to cover the cost of furnishing same; (i) To exercise supervisory control over superintendents and election poll officers in the performance of their duties under the provisions of this Code; (j) To prepare and publish, in the manner provided by this Code, all notices and advertisements in connection with the conduct of elections, which may be required by law; (k) To receive registration statements from political parties and bodies and to determine their sufficiency prior to filing in accordance with the provisions of this Code and to settle any disputes concerning such statements; and (l) To perform such other duties as may be prescribed by law. Chapter 34A-3. Municipal Superintendents . Section 34A-301. Powers and duties of Municipal Superintendents .Each municipal superintendent, within his

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municipality, shall exercise all the powers granted to him by this Code and by the governing authority pursuant to this Code, which shall include the following: (a) To instruct poll officers and others in their duties, calling them together in meeting whenever deemed advisable, and to inspect systematically and thoroughly the conduct of elections in the election districts or precincts of his municipality to the end that elections may be honestly, efficently and uniformly conducted; (b) To receive from poll officers the returns of all elections, to canvass and compute the same, and to certify as soon as practicable following the election the results thereof to such authorities as may be prescribed by law; (c) To publicly announce by posting in his office the results of all elections held in his municipality; (d) To equip polling places for use in primaries and elections in accordance with the provisions of this Code; and (e) To determine the forms of nomination petitions, ballots and other forms it is required to determine under the provisions of this Code; (f) To receive and determine the sufficiency of nomination petitions of candidates filing notice of their candidacy in accordance with the provisions of this Code; and (g) To conduct all elections in such manner as to guarantee the secrecy of the ballot, and to perform such other duties as may be prescribed by law. Section 34A-302. Municipal elections .The municipal superintendent shall conduct, in accordance with the provisions of this Code, all municipal elections held within his municipality. The municipal superintendent shall be a person or committee selected in the manner prescribed by the governing authority of the municipality. The compensation of the municipal superintendent shall be fixed and paid by the governing authority of the municipality from municipal funds.

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Chapter 34A-4. Poll Officers. Section 34A-401. Managers. All primaries and elections shall be conducted in each election district or precinct by a chief manager and assistant managers, assisted by clerks as hereinafter provided. The managers of each election district or precinct shall be appointed by the governing authority for each election, and by the superintendent for each primary. Section 34A-402. Clerks. Prior to the opening of the polls in each district at each election, the governing authority shall appoint a sufficient number of clerks to serve therein at such election. In a primary, the superintendent shall appoint such clerks. Section 34A-403. Qualifications of poll officers. Poll officers shall be judicious, intelligent and upright electors of the municipality in which they are appointed and shall be able to read, write and speak the English language. No poll officer shall be eligible to any nomination or public office to be voted for at a primary or election at which he shall serve. Section 34A-404. Poll officers to be sworn. All managers and clerks shall, before entering upon their duties at any primary or election, be duly sworn in the presence of each other. Section 34A-405. Power of managers to administer oaths. Each of the managers shall have the power to administer oaths to any person claiming the right to vote or in any matter or thing required to be done or inquired into by them under this Code. Section 34A-406. Compensation of poll officers. The compensation of managers and clerks serving in elections shall be fixed and paid by the governing authority. Compensation for such poll officers serving in a primary shall be fixed and paid by the superintendent. Section 34A-407. Instruction of poll officers in voting machine and vote recorder districts; unqualified officers not

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to serve. In districts or precincts in which voting machines or vote recorders are to be used, the superintendent, or qualified poll officer, shall instruct in the use of the voting machines or vote recorders, and in their duties in connection therewith, all poll officers who are to serve at the primary or election, and who have not been previously instructed and found qualified. The superintendent shall give to each poll officer, who has received such instruction and is found qualified to conduct such primary or election with the voting machine or vote recorder, a certificate to that effect. No poll officer shall serve at any primary or election at which a voting machine or vote recorder is used, unless he shall have received a certificate of qualification. This shall not prevent the appointment of a poll officer to fill a vacancy arising on the day of a primary or election or on the preceding day. Section 34A-408. Identification badges for poll officers. Each poll officer, while in the performance of his duty, shall display conspicuously upon his person a badge showing his name and office, and such badge shall be supplied by the superintendent. Chapter 34A-5. Registration of Electors. Section 34A-501. Elector's qualifications; electors not required to re-register. (a) No person shall vote in any primary or election unless he shall be: (i) registered as an elector in the manner prescribed by law; (ii) a citizen of this State and of the United States, (iii) at least eighteen years of age; (iv) a resident of this State at least one year next preceding the date of such primary or election, and of the county in which he seeks to vote at least six months next preceding the date of such primary or election, and of the municipality in which he seeks to vote at least ninety days next preceding the date of such primary or election, notwithstanding any provision of any municipal charter to the contrary; and (v) possessed of all other qualifications prescribed by law. Notwithstanding any other provision of this Chapter, any person who was qualified and registered to vote at the time of the adoption of this Code shall not be required to re-register under the terms of this Chapter unless

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such person shall have become or becomes disqualified to vote by reason of having been purged from the list of electors or for any other reason whatsoever, in which event, such person shall, in order to become registered to vote, re-register under the terms of this Chapter. (b) The governing authority of any municipality may elect either to maintain its own registration or to provide for the registration of electors by resolution, or other appropriate measure, stating that any person who is a resident of the municipality and who is registered as an elector with the board of registrars of the county and meets the municipal residency requirement, shall be eligible to vote in a primary or election. If the municipality elects to maintain its own registration list and does not require prior registration with the county as a prerequisite to municipal registration, then the municipality shall use the form of the registration card and the questions to be propounded to an applicant as prescribed in Section 34-609 of the `Georgia Election Code'. The qualifications of a person seeking to vote in a municipal primary or election shall be determined by the provisions of this Code and of the State Constitution. Section 34-502. Registrars; designation; terms of office; compensation; duties of chief registrars; deputy registrars. (a) The governing authority shall appoint registrars as necessary and the appointments shall be entered on the minutes of the governing authority. The governing authority shall designate one of the registrars as chief registrar. The chief registrar will serve as such during his term of office and such designation shall likewise be entered on the minutes of the governing authority. Such registrars shall serve at the pleasure of the governing authority, and compensation of the registrars shall be fixed by the governing authority. Any registrar shall have the right to resign at any time by submitting a resignation to the governing authority. In the event of such removal or resignation of any registrar, his duties and authority as such shall terminate instanter. Successors shall be appointed by the governing authority. Each appointment or change in designation shall be entered on the minutes of the governing authority and certified as herein provided. The first appointments in

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any such municipality under the provisions of this Chapter shall be made in the year 1969 and the persons appointed shall assume office July 1, 1969. The persons presently serving as registrars in any such municipality shall continue to serve through the term of their current appointment and until their successors are appointed and qualified. The governing authority may furnish such employees and facilities as it deems necessary for the operation of the office and the affairs of the registrars. (b) The chief registrar shall serve as the chief administrative officer of the board of registrars and shall generally supervise and direct the administration of the affairs of the board of registrars. (c) The governing authority may appoint deputy registrars and hire clerical help to aid the registrars in the performance of their duties as necessary. The terms of office and compensation shall be fixed by the governing authority. Compensation shall be provided from municipal funds. Section 34A-503. Qualifications of registrars and deputy registrars. Registrars and deputy registrars shall be judicious, intelligent and up right electors of the municipality in which they are appointed and shall be able to read, write and speak the English language. Section 34A-504. Oath of registration officers. Before entering upon his duties, each registrar and deputy registrar shall swear to faithfully perform his duties, which oath shall be administered by some officer authorized to administer oaths under the laws of this State. Section 34A-505. Registration cards; form; supply; use. The form of municipal registration shall be specified by the governing authority, except that if a municipality does not require as a condition for municipal registration the electors' prior registration with the county, the form of the registration cards must comply with the provisions of Section 34-609 of the Georgia Election Code. Section 34A-506. Keeping of registration cards and other papers; voter registration places; office hours. (a) In

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those municipalities electing to use the county registration system, the county registrar shall carry out the functions necessary for municipal registration and shall maintain all registration cards, and his office shall be deemed the main registration office. (b) In those municipalities electing to maintain their own registration system, the registrars shall keep the completed registration cards and their other papers in the main office of the municipal registrars which shall be in the city hall or other public building designated by the governing authority. If no such office exists, the registrars shall keep the completed registration cards and their other papers in the office of the city clerk, and such office shall be deemed the main office of the board of registrars. For the purpose of taking applications for registration and for the purpose of registering electors, such number of registrars or deputy registrars as shall be designated by the chief registrar shall be stationed at such main office where the completed registration cards are kept at such times as the office is open during regular office hours. The governing authority in addition to the main office, may designate other places in the municipality to be used for the purpose of receiving applications for registration and for the registration of electors. (c) The main office of the board of registrars in each municipality shall remain open for business during regular office hours on each business day. The board of registrars may enlarge such minimum office hours and may open the offices at any time in order to suit the convenience of the public. Section 34A-507. Applications for registration; registration deadline. (a) Registration for municipalities electing to use county registration lists shall be as follows: (i) The county registrar shall cease taking applications for registration from persons desiring to vote in municipal primaries or elections thirty (30) days prior to such primary or election. (ii) The county registrar shall cease taking applications for registration from persons desiring to vote in a special

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primary or election on the close of the registrars' business on the fifth day after the call of such special primary or election. (iii) The municipal registrar shall, upon receipt of the county registration list, or as soon as practicable thereafter but in no event later than three (3) days prior to such primary or election, purge such list of the names of all persons who will not be qualified to vote at such primary or election. The registrar shall certify the list and file a copy with the city clerk showing the names of electors entitled to vote at such primary or election. Any person whose name appears upon such list may vote at such primary or election subject to the limitations prescribed in the proviso contained in the first sentence of Section 34A-517. (b) Registration for municipalities maintaining their own registration lists shall be as follows: (i) If any person whose name is not on the municipal registration list desires to vote at any primary or election, he shall at least fifteen (15) days prior to the primary or election at which he desires to vote, or at such other time as designated by charter or ordinance, apply to be registered as an elector. The registrars shall, at least fifteen (15) days but not more than fifty (50) days prior to such primary or election, cease taking applications to qualify persons to vote in such primary or election. (ii) Any person who has registered for a general municipal primary or election, if otherwise qualified to vote at any special primary or election occurring before the next general election shall be listed and entitled to vote at such special primary or election. At the close of the registrars' business on the fifth day (if a Sunday or a legal holiday, then on the next following business day) after the call of such special primary or election, the registrars shall cease taking applications from persons desiring to register to vote therein. (iii) The registrar shall, no later than three (3) days prior to such primary or election, pass upon the electors'

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qualifications and file with the city clerk a certified list showing the names of those electors entitled to vote at such primary or election. Any person whose name appears upon such list may vote at such primary or election, subject to the limitations prescribed in the proviso contained in the first sentence of Section 34A-517. The registrars shall purge such list before filing it of the names of all persons who will not be qualified to vote at such primary or election. Section 34A-508. Administration and attestation of oath required on application for registration. On completion of the application form the officer shall administer the oath to the applicant and then have him sign it (either by signature or mark), and the officer shall then attest it. Section 34A-509. Failure of applicant to give information or giving of false information. The failure on the part of the applicant to disclose information sought by a direct question of the registration officers in connection with the taking of the application or at subsequent proceedings, or the giving of false information, shall result in the application being rejected by the registration officers, and shall also be a cause for challenge, which, if sustained, shall result in the elector's name being removed from the list. Section 34A-510. Appeals from decisions denying or allowing registrations. Any person to whom the right of registration is denied by the registration officers shall have the right to take an appeal to the superior court of the county, and any elector may enter an appeal to such court from the decision of the registration officers allowing any person to register. All appeals must be filed in writing with the chief registrar within ten (10) days from the date of the decision complained of, and shall be returned by the chief registrar to the office of the clerk of such court to be tried, de novo, as are appeals from the Court of Ordinary. Pending an appeal and until the final judgment of the case, the decision of the registration officer shall remain in full force. Section 34A-511. Storage and destruction of records of rejected applicants. In the event an applicant is refused

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registration by the registration officers, the application of such person and other material and records relative thereto shall be placed on file with the other registration records of the board of registrars for at least one year from the date of refusal. Section 34A-512. Qualification tests to be applied by registration officers. Registrars of municipalities that elect to maintain their own registration lists and do not require prior registration with the county as a requirement for municipal registration shall use the qualification test set forth in Sections 34-617 and 34-618 of the Georgia Election Code (1964) for registration of voters. Section 34A-513. Absentee registration. Municipalities that elect to maintain their own registration lists and do not require prior registration with the county as a requirement for municipal registration shall require that the applicant for municipal registration apply in person before the registrar. Section 34A-514. Permanency of registration; re-registration. Municipalities that elect to maintain their own registration lists and do not require prior registration with the county as a requirement for municipal registration shall require the following; (a) The electors who have qualified shall not thereafter be required to register or further qualify, except as provided by law. No person shall remain a qualified voter who does not vote in at least one general or special election or primary in a three-year period, unless he shall specifically request continuation of his registration as specified in Section 34A-515 (b) of this Code. (b) Any elector whose registration has been thus cancelled may re-register in the manner provided for original registration in this Code. No person shall remain an elector longer than he shall retain the qualifications under which he is registered. Section 34A-515. Purging of electors list. (a) The registrar in municipalities maintaining their own registration system shall purge the list of electors as follows:

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(i) At least every two years the registrar shall examine the list of electors and remove therefrom any electors that have not voted in at least one general or special election or primary in the preceding three years or have not specifically requested a continuation of their registration. (ii) At least sixty (60) days before any general election obtain from the clerk of the superior court of the county a list of persons residing in the county who appear to be disqualified from voting by reason of having been convicted of a crime since the last general election, the penalty of which is disfranchisement unless such person has been pardoned and the right of sufferage restored to him. Any of these persons on the municipal electors list shall be removed. (iii) At least sixty (60) days before any general election obtain from the ordinary of the county a list of all persons residing in the county who appear to be disqualified from voting by reason of an adjudication of idiocy or insanity since the last general election. Any of these persons on the municipal electors list shall be removed. (iv) At least sixty (60) days before any general election obtain from the local registrar of vital statistics of each county a list of those persons who have died since the last general election. Any of these persons listed on the municipal electors list shall be removed. (b) Voters disqualified by reason of (a) (i) above shall be given notice by first class mail within ten (10) days after removal of their name and shall be given twenty (20) days from removal date to request a continuance of their registration. The registrar shall remove those who do not so apply within the time allotted. Section 34A-516. Preparation of electors list. (a) The registrars in municipalities electing to maintain their own registration lists shall prepare for use in all primaries and elections true and correct lists of the electors of their municipality, placing thereon only those persons found to be qualified to vote.

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(b) If the municipality elects to use the county registration list, the county board of registrars shall deliver upon a basis mutually agreed upon between the governing authority of the county and of the municipality a copy of the electors list to be used in each primary or election to the designee of the governing authority of the municipality. Such list shall be delivered at least fourteen (14) days prior to each primary or election for the purpose of permitting the designee to check the accuracy of the list and to challenge the disqualified. Section 34A-517. Filing of certified lists with city clerk; arrangement of names; appearance of name on list as a prerequisite to voting. At least three (3) days prior to the primary or election, the registrar shall file a certified copy of a list containing the names of all the electors found to be qualified with the city clerk of the municipality. The list shall be alphabetically arranged by election districts or precincts and it shall be the list of electors for the municipal election to be held in such year. No person whose name does not appear on such list shall vote at such municipal election except as hereinafter provided. Section 34A-518. Right of electors named on list to vote; consolidation of list. Each elector whose name appears on such list, and who is not found to be disqualified subsequent to the filing of such list, shall be entitled to vote in any primary or election held during the period subsequent to the filing of such list and before the filing of the next such list; provided, however, that an elector, voting in the primary or primaries held by a single party for the nomination of candidates to seek municipal offices to be filled in an election, shall not vote in a primary held by any other party for the nomination of candidates to seek municipal offices to be filled in the same such election. It shall be the duty of the registrars to consolidate such list and any such supplemental list for any such primary or election and to make certain that no person is listed more than once. Section 34A-519. Right of registrars to re-examine qualifications of electors listed; subpoenaing of documents and witnesses; notice of hearing to elector whose right to remain

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on list is questioned. (a) The board of registrars of each municipality shall have the right and shall be charged with the duty of examining from time to time the qualifications of each elector whose name is entered upon the list of electors, and shall not be limited or estopped by any action previously taken. (b) For the purpose of determining the qualification or disqualification of applicants and electors, the registrars may, upon at least five (5) days' notice, require the production of books, papers and other material, and upon like notice may subpoena witnesses. The registrars may swear any witness appearing before them. (c) If the right of any person to remain on the list of electors, whose name appears thereon, is questioned by the registrars, they shall give such person written notice of the time and place of a hearing to determine such right which shall be sent by first class mail to the person's last known address. Section 34A-520. Challenge of listed persons by other electors; proceedings upon challenge. Any elector of the municipality shall be allowed to challenge the right of registration of any person whose name appears upon the electors list. The governing authority shall by ordinance provide for the procedure for deciding such challenges. Section 34A-521. Voting only from lists. All persons whose names appear on the list of electors placed in the possession of the managers in each election district or precinct, and no others, shall be allowed to deposit their ballots according to law, at the election district or precinct, but not elsewhere, except as hereinafter provided in this Code. Section 34A-522. Change of residence of elector. In the event any elector moves to a residence within the municipality, which has a different address from the address contained on such person's registration card, it shall be his duty to notify the board of registrars of such fact, and the board shall place such person's name on the proper list of electors. If the board, of its own knowledge, knows of such move, it may make the proper changes.

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Section 34A-523. Rules for determining residence. In determining the residence of a person desiring to register to vote, the rules as set forth in Section 34-632 of the `Georgia Election Code' shall be followed. Section 34A-524. Lists and registration cards open to public inspection; hearings and performance of all duties by registrars to be public. The lists of electors and registration cards shall be open at all times to the reasonable inspection of any citizen of the municipality, but shall not be removed for such inspection from the custody of the officer in charge. All the duties herein required of the registrars and all hearing of evidence upon the qualifications of electors shall be discharged in public. Chapter 34A-6. Election Districts or Precincts and Polling Places. A. Election Districts or Precincts. Section 34A-601. Election districts or precints. Each municipal voting precinct now existing shall constitute a separate election district, unless divided into two or more, or consolidated into one or more, election districts, as hereinafter provided. Insofar as practicable the districts shall be the same as those for county and state elections. Section 34A-602. Creation of new election districts. Subject to the provisions of Section 34A-601, the governing authority of the municipality in which the same are located, may divide or redivide any election district into two or more election districts of compact and contiguous territory, or alter the bounds of any election district, or form an election district out of two or more adjoining districts or parts of districts, or consolidate adjoining election districts, so as to suit the convenience of the electors and to promote the public interests. The bounds of an election district shall not be altered on a day in which a primary or election is held, or during the period of sixty (60) days prior to any general primary or election, or during the period of thirty (30) days prior to any special primary or election. The governing authority

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shall promptly notify the board of registrars of any change in the bounds of election districts. Section 34A-603. Cost of proceedings. In all cases of the division, redivision, alteration, formation or consolidation of election districts, the costs of the proceedings shall be paid by the governing authority. B. Polling Places. Section 34A-604. Polling places to be selected by governing authority. (a) The governing authority shall select and fix the polling place within each election district. Insofar as practicable the same polling places shall be used as are used in county and state elections. Except in case of an emergency or unavoidable event occuring within ten (10) days of a primary or election, which renders any polling place unavailable for use at such primary or election, the governing authority shall not change any polling place until at least ten days after notice of the proposed change shall have been posted on the existing polling place and at three other places in the immediate vicinity thereof. Section 34A-605. Public buildings to be used where practicable; portable polling places. (a) In selecting polling places, the governing authority shall, wherever practicable, select school-housrs, municipal buildings or rooms, or other public buildings for that purpose. School, county, municipal or other governmental authorities shall, upon request of the municipal governing authority, make arrangements for the use of their property for polling places; provided, however, that such use shall not substantially interfere with the use of such property for the purposes for which it is primarily intended. (b) The governing authority in its discretion, may procure and provide portable or movable polling facilities of adequate size for any election district. Section 34A-606. Equipment and arrangement of polling places; guard rail; number of voting compartments or voting machines. (a) The governing authority shall provide and

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the superintendent shall cause all rooms used as polling places to be suitably provided with heat and light, and, in districts in which ballots are used, with a sufficient number of voting compartments or booths with proper supplies, in which electors may conveniently mark their ballots, with a curtain, screen or door in the upper part of the front of each compartment or both so that in the marking thereof they may be screened from the observation of others. When practicable, every polling place shall consist of a single room, every part of which is within the unobstructed view of those present therein, and shall be furnished with a guard rail or barrier enclosing the inner protion of such room, which guard rail or barrier shall be so constructed and placed that only such persons as are inside such rail or barrier can approach within six feet of the ballot box and voting compartments, or booths, or voting machines, as the case may be. The ballot box and voting compartments or booths shall be so arranged in the voting room within the enclosed space as to be in full view of those persons in the room outside the said guard rail or barrier. The voting machine or machines shall be so placed in the voting rooms within the enclosed space that, unless its construction shall otherwise require, the ballot labels on the machine can be plainly seen by the poll officers when the machine is not occupied by an elector. Section 34A-607. Compensation for rent, heat and light. The governing authority shall fix the compensation for rent, heat, light and janitorial services to be paid for the use of polling places for primaries and elections; provided, however, that no compensation for rent, heat or light shall be paid in the case of schoolhouses, municipal buildings or rooms, or other public buildings used as polling places. Chapter 34A-7. Dates of Primaries and Elections. Section 34A-701. Municipal primary; notice. Whenever any political party shall hold a municipal primary to nominate candidates for offices to be filled in the ensuing municipal election, the same shall be held at least four (4) weeks prior to the general municipal election. Notice of such primary shall be publicly issued by the municipal or other appropriate party executive committee at least twenty (20) days prior to such primary.

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Section 34A-702. Municipal election; notice .The date of the municipal election shall be specified by the charter of the municipality or by municipal ordinance. Public notice of such election shall be published by the governing authority in a newspaper of general circulation in the municipality at least thirty (30) days prior to the election. Section 34A-703. Special primary; notice .Whenever any political party shall hold a special primary to nominate candidates for offices to be filled in the ensuing special election, the same shall be held two weeks prior to the special election. Notice of such primary shall be publicly issued by the municipal or other appropriate party executive committee at least fifteen (15) days prior to such special primary. Section 34A-704. Special election; notice .The date of a special election shall be no earlier than thirty (30) days and no later than sixty (60) days after the call of such special election, such call to be published promptly in a newspaper of general circulation in the municipality. Section 34A-705. Bond election .(a) The date of municipal bond election shall be specified by the governing authority of the municipality. Such date shall not be less than thirty (30) days after call of such bond election. (b) The governing authority of a county, municipality or political division desiring to incur bonded debt in accordance with the provisions of the State Constitution shall call a special election to be held on a certain day for the purpose of submitting to the electorate the question of whether such bonded debt shall be incurred. The governing authority shall publish notice of such election once a week for a period of four weeks immediately preceding the day of the election in a newspaper which publishes the sheriff's advertisements for the county containing all or the largest part of the area of the county, municipality or political division involved. Such notice shall specify: (i) the date of the election and the question to be submitted to the electorate; and (ii) the principal amount of bonds to be issued, the purpose for which such bonds are to be issued, the interest rate or rates such bonds are to bear and the amount of principal to be paid in

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each year during the life of such bonds; provided, however, that the governing authority, in lieu of specifying the rate or rates of interest which such bonds are to bear, may specify in the notice that such bonds when issued will bear interest at a rate not exceeding a maximum per annum rate of interest as stated in the notice or that, in the event such bonds are to bear different rates of interest for different maturity dates, that none of such rates will exceed the maximum rates stated in the notice. Nothing contained in this Section shall prohibit the issuer from selling such bonds at a discount, even if in so doing the effective interest cost resulting therefrom would exceed the maximum per annum interest rate specified in the notice of the election. Chapter 34A-801. Political Parties and Bodies . Section 34A-801. Registration of municipal executive committees with the city clerk .(a) The chief executive officer of each municipal political executive committee already having filed with the Secretary of State as a political party or body shall, within sixty (60) days after the effective date of this Code, file with the city clerk of the municipality a registraton statement setting forth: (i) Its name and certified copies of its charter, by-laws, rules and regulations, and other documents of like dignity governing its organization and operation; (ii) The address of its principal office; (iii) The names of its members, home addresses and titles of the persons composing its governing committee and executive officers. (b) Within thirty (30) days after the occurrence of a change in the information contained in any registration statement, or prior amendment thereto, the chief executive officer of the party or body filing such statement shall file an amendment thereto setting forth the information necessary to maintain the currency of such statement. (c) A political party or body failing to file a registration statement as required by Subsection (a) above shall not

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have its name or the names of its candidates placed on any nomination petition, ballot or ballot label. Section 34A-802. Committees of political parties; authority to adopt rules and regulations .Whenever a municipal executive committee of a political party is established, such committee shall formulate, adopt and promulgate rules and regulations, consistent with law and the rules and regulations of the State Election Board and the State executive committee, governing the conduct of primaries, conventions and other party affairs within the municipality. No such rule and regulation shall be effective until copies thereof, certified by the chairman, have been filed with the city clerk of the municipality. Section 34A-803. Supersedure power of State executive committee .The State executive committee shall have the same power over municipal party executive committees as it has over county party executive committees as set forth in Chapter 34-9 of the Georgia Election Code. Chapter 34A-9. Nomination of Candidates. A. In General. Section 34A-901. Filing notice of candidacy. Each candidate desiring to have his name placed on the ballot for an office to be filled in a municipal general election shall file notice of candidacy in the following manner: (a) Each candidate, or his agent, shall file notice of his candidacy in the office of the municipal superintendent of his municipality at least fifteen (15) but not more than forty-five (45) days prior to the election in the case of a general election in the case of a general election and at least ten (10) but not more than thirty (30) days prior to the election in the case of a special election. The closing date shall be as set forth in the municipal charter or ordinance as may now be in force or hereafter enacted. If a runoff primary is held, each candidate nominated therein, or his agent, shall file notice of his candidacy with the municipal superintendent within three days after the holding of such primary, irrespective of such three-day period's exceeding a qualification deadline hereinabove prescribed.

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(b) Each candidate, who is a nominee of his political party or body, or such party or body, shall accompany his notice of candidacy with a certificate of nomination by his party or body stating that he is the duly qualified and nominated candidate of his party or body for the public office he is seeking. Every such certificate of nomination shall be sworn to by the chairman and secretary of the municipal or other appropriate executive committee (designated by the party or body) before an officer qualified to administer oaths. The certificate of nomination shall contain such other information as may be prescribed by the officer with whom the candidate files his notice of candidacy. A certificate of party or body nomination shall not be filed if such party or body has not previously registered with the Secretary of State as required by Chapter 34-9 of the Georgia Election Code and with the city clerk as required by Section 34B-801 of this Code. (c) Each candidate described in Subsection (a) shall accompany his notice of candidacy with an affidavit stating: (i) his residence, with street and number, if any, and his post office address; (ii) his profession, business or occupation, if any; (iii) the name of his election district; (iv) that he is an elector of the municipality of his residence eligible to vote in the election in which he is a candidate; (v) the name of the office he is seeking; (vi) that he is eligible to hold such office; and (vii) that he will not knowingly violate any provisions of this Code or of rules and regulations adopted thereunder. The affidavit shall contain such other information as may be prescribed by the officer with whom the candidate files his notice of candidacy. (d) Candidates may also be required to accompany notice of candidacy with a nominating petition if the charter of the municipality now or as it may be amended in the future so requires. Section 34A-902. Candidate required to designate specific office sought in certain cases. In the case of a candidate seeking one of two or more public offices each having the same title and to be filled at the same election by the vote of the same electors, charter or ordinance provisions

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now in effect or hereinafter enacted shall govern whether such candidate shall designate the specific office he is seeking. If required to designate the specific office, the candidate shall name his incumbent or give other appropriate designation. Such designation shall be entered on the ballot and ballot labels in such manner that in the ensuing primary or election such candidate shall only oppose the other candidate or candidates, if any, designating the same specific office. Section 34A-903. Substituted nominations by parties and bodies. (a) Any vacancy happening in any party nomination (filled by primary) for a municipal office by reason of the death or withdrawal of any candidate after nomination may be filled by a substituted nomination made by the municipal or other appropriate party executive committee unless the municipal charter or ordinance shall provide for the holding of another primary for the purpose of filling such vacancy. (b) Any vacancy happening in any party nomination (filled by means other than by primary) or body nomination, by reason of the death or withdrawal of any candidate after nomination, may be filled by a substituted nomination made by such committee as is authorized by the rules and regulations of the party or body to make nominations in the event of vacancies on the party or body ticket. (c) Upon the making of any such substituted nomination, in the manner prescribed in this Section, it shall be the duly of the chairman and secretary of the convention or committee making the nomination to file with the municipal superintendent a nomination certificate which shall be signed by such chairman and secretary. Every such certificate of nomination shall be sworn to by the chairman and secretary before an officer qualified to administer oaths. Section 34A-904. Qualification fees. The governing authority of any municipality, at least two weeks prior to the closing of qualifications for a special or general municipal election shall fix and publish a qualification fee, if any, to be paid by candidates seeking election in any such special or

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general election. Such fee shall be paid to the municipal superintendent at the time a candidate files his notice of candidacy. B. Nomination of Party Candidates by Primaries. Section 34A-905. Primaries to be conducted only by political parties; conduct of primaries .Either a political party as defined in this Code or a nonpartisam municipal executive committee duly registered with the city clerk may conduct a municipal primary for the purpose of electing its own officials or nominating candidates for municipal elections. Every primary held for such purpose shall be presided over and conducted in the manner prescribed by the rules and regulations of such party not inconsistent with the law and the rules and regulations of the State Election Board; however, all such primaries must be conducted in such manner as to guarantee the secrecy of the ballot. Section 34A-906. Qualification of candidates; automatic nomination of unopposed candidates .(a) 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 fifteen (15) days prior to the date of such primary, but not more than forty-five (45) days prior to the date of such primary. In the case of a special primary, the candidates shall qualify at least ten (10) days prior to such primary, but not more than thirty (30) 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. (b) After the expiration of the applicable qualification deadline prescribed in Subsection (a) above, each candidate for nomination to a municipal office, having no opposing candidates within his own political party, shall automatically become the nominee of his party for such office, if the applicable city charter or ordinance does not provide to the contrary. The name of such an unopposed candidate and the title of the nomination he is seeking shall not be placed upon

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the primary ballots or ballot labels. The proper officials of his political party shall certify him as the party nominee for the office involved for the purpose of having his name placed upon the election ballots or ballot labels. In applying the provisions of Sections 34A-901, 34A-903 and 34A-904, such an unopposed candidate shall be deemed to have been nominated in a primary held by his political party. Section 34A-907. Polling places and poll officers to be used .A political party, in nominating a candidate for public office in a primary, shall use and provide poll officers for each polling place in each election district in the area wherein the electors reside who shall elect the person to fill such public office in the next election therefor. Section 34A-908. Ballots; ballot boxes; voting machines; vote recorders and other supplies for primaries .Ballots and ballot boxes, or voting machines or vote recorders where used, and other supplies for primaries shall be prepared, provided and delivered to the poll officers, in accordance with the provisions of this Code, insofar as they are applicable to primaries. In municipalities where the governing authority possesses voting machines or vote recorders, it shall rent or furnish free of charge a sufficient number of voting machines or vote recorders to a political party or parties requesting same for use in a primary. When rental is required, such rental shall be fixed at an amount not in excess of the lowest reasonable amount necessary to pay the cost of the municipality in renting the voting machines or vote recorders, and such rental shall be equally divided among the parties jointly using same. A party which is unable or unwilling to pay its share of such rental shall not participate in the use of the voting machines or vote recorders. Section 34A-909. Primary expenses .The expenses of a primary shall be borne by the political party holding such primary; except that the expenses of providing polling places on public premises and electors lists shall be paid by the respective municipalities.

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C. Nomination of Candidates by Petition. Section 34A-910. Nomination petitions .(a) In addition to the party nominations made at primaries, nominations of candidates for public office may also be made by nomination petitions if the municipality's charter so provides. Such petitions shall be in the form prescribed by the officers with whom they are filed, and no other forms than the ones so prescribed shall be used for such purposes. A nomination petition of a candidate shall be signed by the number of electors prescribed by municipal charter or ordinance. (b) Each person signing a nomination petition shall declare therein that he is a duly qualified and registered elector of the municipality entitled to vote in the next election for the filling of the office sought by the candidate supported by the petition, and shall add to his signature his residence address, giving municipality with street and number, if any. No person shall sign the same petition more than once. Each petition shall support the candidacy of only a single candidate. A signature shall be stricken from the petition when the signer so requests prior to the presentation of the petition to the appropriate officer for filing, but such be disregarded if made after such presentation. (c) A nomination petition shall be on one or more sheets of uniform size and different sheets must be used by signers resident in different counties. The upper portion of each sheet, prior to being signed by any petitioner, shall bear the name and title of the officer with whom the petition will be filed, the name of the candidate to be supported by the petition, his profession, business or occupation, if any, his place of residence with street and number, if any, his political party or body affiliation, if he is its nominee for the office he is seeking, and the name and date of the election in which the candidate is seeking election. If more than one sheet is used, they shall be bound together when offered for filing if they are intended to constitute one nomination petition, and each sheet shall be numbered consecutively, beginning with number one, at the foot of each page. Each sheet shall bear on the bottom or back thereof the affidavit of the circulator of such sheet, setting forth: (i) that the

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affiant is a duly qualified and registered elector of the municipality entitled to vote in the next election for the filling of the office sought by the candidate supported by the petition; (ii) his residence address, giving municipality with street and number, if any; (iii) that each signer manually signed his own name with full knowledge of the contents of the nomination petition; (iv) that each signature on such sheet was signed within one hundred and eighty (180) days of the last day on which such petition may be filed; and (v) that, to the best of affiant's knowledge and belief, the signers are registered electors of the municipality qualified to sign the petition, that their respective residence are correctly stated in the petition, and that they all reside in the municipality named in the affidavit. (e) No nomination petition shall be circulated prior to one hundred and eighty (180) days before the last day on which such petition may be filed, and no signature shall be counted unless it was signed within one hundred and eighty (180) days of the last for filing the same. (f) A nomination petition shall not be amended or supplemented after its presentation to the appropriate officer for filing. Section 34A-911. Examination of nomination petitions; judicial review .(a) When any nomination petition is presented in the office of the superintendent for filing within the period limited by this Code, it shall be the responsibility of such officer to examine the same to the extent necessary to determine if it complies with the law. If the petition complies with the law, it shall be granted and the candidate named therein shall be notified in writing. If the petition fails to comply with the law, it shall be denied and the candidate named therein shall be notified of the cause for such denial by letter directed to his last known address. In neither case shall the petition be returned to the candidate. (b) The decision of the officer denying a nomination petition may be reviewed by the superior court of the county containing the office of such officer upon an application for a writ of mandamus to compel the granting of such

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petition, and the decision of the officer granting a nomination petition may be reviewed by such superior court upon an application for a writ of injunction to restrain the honoring of such petition. The application for such writ of mandamus or injunction shall be made within five (5) days of the time when the petitioner is notified of such decision. Upon the application being made, a judge of such court shall fix a time and place for hearing the matter in dispute as soon as practicable, and notice thereof shall be served with a copy of such application upon the officer with whom the nomination petition was filed. From any decision of the superior court an appeal may be taken to the appropriate appellate court as is usual in such cases. D. Nomination of Candidates by Nonpartisan Primaries . Section 34A-912. Nonpartisan primaries; calling and holding .The governing authority of any municipality may call and hold a nonpartisan primary for the purpose of nominating candidates to seek municipal office in a subsequent election. If held, such a nonpartisan primary shall be held at least fifty (50) but not more than sixty (60) days prior to the date of the election for which nominations are to be made, and the call for such primary shall be publicly issued at least sixty (60) days prior to the date of holding the primary. The provisions of this Code which apply to the preparation for and conduct of primaries of political parties shall also apply to the preparation for and conduct of municipal nonpartisan primaries to the extent practicable. Section 34A-913. Qualification of candidates .Each candidate for nomination to an office in a nonpartisan primary shall qualify as such candidate by personally filing notice of his candidacy, or by his duly authorized agent, in the office of the superintendent of his municipality at least forty-five (45) days prior to the date of the primary in accordance with the provisions of the charter and ordinances not inconsistent with the requirements of this Code. Section 34A-914. Primary expenses .The expenses of a municipal nonpartisan primary may be paid by the municipality calling and holding such primary; except that the

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expenses of providing polling places on public premises and electors lists shall be paid by the municipality. Chapter 34A-10. Ballots . Section 34A-1001. Official ballots to be used .All primaries and elections shall be conducted by ballot, except when voting machines or vote recorders are used as provided by law. All ballots used in any primary or election shall be provided by the superintendent in accordance with the provisions of this Chapter, and only official ballots furnished by the superintendent shall be cast or counted in any primary or election in any district in which ballots are used. Section 34A-1002. Form of official primary ballot .(a) In each primary separate official ballots shall be prepared by the political party holding the primary. At the top of each ballot shall be printed in prominent type the words `OFFICIAL PRIMARY BALLOT OFPARTY FOR' followed by the designation of the election district for which it is prepared and the name and date of the primary. (b) Immediately under this caption, the following directions shall be printed: `Place a cross (X) or check ([unk]) mark in the square opposite the name of each candidate for whom you choose to vote. If you spoil your ballot, do not erase, but ask for a new ballot. Use only pen or pencil.' (c) Immediately under the directions, the names of all candidates, who have qualified in accordance with the rules of the party, except unopposed candidates in municipal primaries where the municipal charter or ordinance does not prohibit the omission of such candidates' names from the ballot, shall be printed on the ballots and the names of the candidates shall in all cases be arranged under the title of the office for which they are candidates, and be printed thereunder in alphabetical order. The incumbency of a candidate seeking party nomination for the public office he then holds shall be indicated on the ballots. Under the title of each office shall be placed a direction as to the number of candidates to be voted for.

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(d) If at any primary a political party shall submit to its members any matter or question to be voted upon, the party shall also have printed on the ballots the necessary language to guide the elector in the expression of his choice as to such matter or question. (e) The ballots shall vary in form only as the names of election districts, offices, candidates or the provisions of this Code may require. Section 34A-1004. Form of official election ballot .(a) At the top of each ballot for an election be printed in prominent type the words `OFFICIAL BALLOT' followed by the designation of the election district for which it is prepared and the name and date of the election. (b) Immediately under this caption on a ballot presenting the names of candidates for election to office, the following directions shall be printed, insofar as the same may be appropriate for the election involved: To vote a straight party ticket, mark a cross (X) or check ([unk]) in the square in the party column, opposite the name of the party of your choice. If you do not desire to vote a party ticket, then place a cross (X) or check ([unk]) mark in the square opposite the name of each candidate for whom you choose to vote. To vote for a person whose name is not on

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the ballot, manually write his name, accompanied by the title of the office involved, in the write-in column. If you spoil your ballot, do not erase, but ask for a new ballot. Use only pen or pencil. The names of persons inserted on the ballot by the elector shall be manually written only within the write-in column and the insertion of such name outside such column or by the use of a sticker, paster, stamp or other printed or written matter is prohibited. (c) Immediately under the directions, the names of all candidates, who have been nominated in accordance with the requirements of the Code, shall be printed on the ballot and the names of the candidates shall in all cases be arranged under the titles of the respective offices they are seeking. The names of candidates who are nominees of a political party shall be placed under the name of their party. The columns of political parties shall be printed on the ballot, beginning on the left side thereof, and shall be arranged from left to right in the descending order of the totals of votes cast for candidates of the political parties for Governor at the last gubernatorial election. The columns of parties, having no candidates for Governor on the ballot at the last gubernatorial election, shall be arranged alphabetically according to the party name, to the right of the columns of the parties so represented. The columns of political bodies shall be arranged alphabetically, according to the party name, to the right of the columns of the parties so represented. The columns of political bodies shall be arranged alphabetically according to the body name, to the right of the party columns. The names of all independent candidates shall be printed on the ballot in a column or columns under the heading Independent, which shall be placed to the right of the political body columns. In the case of two or more independent candidates seeking the same office, their names shall be arranged under the title of the office in alphabetical order. The names of candidates seeking the same office shall be printed horizontally opposite one another in their respective columns and such columns shall be of sufficient length to permit such an arrangement. To the right of the independent column or columns, shall be printed a sufficient

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blank column for the insertion of write-in votes. At the left of the name heading every column on the ballot and at the left of the name of every candidate thereon shall be a square of sufficient size for the convenient insertion of a cross (X) or check ([unk]) mark. (d) When proposed questions are submitted to a vote of the electors, each question so submitted may be printed upon the ballot to the right of or below the groups of candidates for the various offices. To the left of each question there shall be placed the words `yes' and `no', together with appropriate squares to the left of each for the convenient insertion of a cross (X) or check ([unk]) mark. (e) The ballots shall vary in form only as the names of election districts, offices, candidates or the provisions of this Code may require. Section 34A-1005. Superintendent to cause ballots to be printed; record of ballots to be kept .In any primary or election, the superintendent shall cause the ballots to be printed in the form prescribed by this Code. He shall be responsible for the safekeeping of the same while in his possession or that of his agent, and shall keep a record of the number of official ballots printed and furnished to each election district at each primary and election, and the number of stubs, unused ballots, and cancelled ballots subsequently returned therefrom. Section 34A-1006. Form of ballots; stubs; numbers .All ballots for use in the same election district at any primary or election shall be alike and shall contain only the names of the candidates and issues to be voted on in such district. They shall be at lease six inches long and four inches wide, and shall have a margin extending beyond any printing thereon. They shall be printed with the same kind of type (which shall not be smaller than the size known as `brevier' or `eight point body') upon white paper of uniform quality, without any impression or mark to distinguish one from another, and with sufficient thickness to prevent the printed matter from showing through. Each ballot shall be attached to a name stub, and all the ballots for the same

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election district shall be bound together in books of fifty (50) or one hundred (100), in such manner that each ballot may be detached from its stub and removed separately. The ballots for each party to be used at a primary shall be bound separately. The name stubs of the ballots shall be consecutively numbered, and in the case of primary ballots, the number shall be preceded by an initial or abbreviation designating the party name. The number and initial or abbreviation which appears upon the stub shall also be printed in the upper portion of the front of the ballot, separated from the remainder of the ballot by a horizontal perforated line so as to constitute a number strip and so prepared that the upper portion of the front of the ballot containing the number may be detached from the ballot before it is deposited in the ballot box. The number strip on the ballot shall also have the following words printed thereon; `Tear off before depositing ballot in ballot box.' Section 34A-1007. Candidates with similar surnames; occupation to be printed. If two or more candidates for the same nomination or office shall have the same or similar surnames, the official with whom such candidate qualified, shall, upon the request of any such candidate filed in writing not later than two (2) days after the last day for qualifying as a candidate in the primary or election involved, print or cause to be printed the occupation or residence of any such candidate, so filing a request, on the ballot under his name. Upon receiving any such request, said official shall determine whether the surnames of the candidates are of such a similar nature as to warrant printing the occupation or residence of any such candidate on the ballot, and the decision of such official shall be conclusive. Section 34A-1008. Names of substituted candidates to be printed on ballots. As soon as any substituted candidate shall have been duly nominated by his political party or body, at any time prior to the day on which the printing of ballots is started, his name shall be substituted in place of that of the candidate who has died or has withdrawn. Section 34A-1009. Number of ballots to be printed. The superintendent shall provide for each election district in

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which a primary or election is to be held a sufficient number of ballots for use by the electors who offer to vote in the district. Section 34A-1010. Forms of ballots on file and open to public inspection. The superintendent shall have on file in his office, at least three (3) days prior to the day of holding each primary and election, open to public inspection, forms of the ballots, with the names and such statements and notations as may be required by the provisions of this Code, printed thereon, which shall be used in each election district within the municipality. Section 34A-1011. Correction of mistakes appearing on ballot. When it is shawn by affidavit that mistake or omission has occured in the printing of official ballots for any primary or election, the superior court of the proper county, may upon the application of any elector of the municipality, require the superintendent to correct the mistake or omission, or to show cause why he should not do so. Chapter 34A-11. Voting Machines and Vote Recorders . A. Voting Machines . Section 34A-1101. Definitions. The following words, when used in this Chapter, shall have the following meanings, unless otherwise clearly apparent from the context: (a) The words `candidate counters' and `question counters' shall mean the counters on which are registered numerically the votes cast for candidates and on questions, respectively; (b) The word `diagram' shall mean an illustration of the official ballot showing the names of the parties, bodies, offices and candidates, and statements of the questions, in their proper places, together with the voting devices therefor; (c) The words `protective counter' shall mean a counter or protective devices or device that will register each time the machine is operated, and shall be constructed and so connected

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that it cannot be reset, altered or operated, except by operating the machine; (d) The words `public counter' shall mean a counter or other device which shall, at all times, publicly indicate how many times the machine has been voted on at an election; (e) The words `registering counter' shall not include a protective counter; and (f) The words `vote indicator' shall mean those devices with which votes are indicated for candidates, or for or against questions. Section 34A-1102. Authorization of voting machines without referendum. The governing authority of any municipality may at any regular meeting or at a special meeting called for the purpose by a majority vote, authorize and direct the use of voting machines for recording and computing the vote at all elections held in the municipality, and thereupon the governing authority shall purchase, lease, rent or otherwise procure voting machines conforming to the requirements of this Chapter. Section 34A-1103. Referendum on question of adopting voting machines. (a) The governing authority of any municipality may, upon its own motion or upon the receipt of a petition signed by at least ten per cent of the electors who voted in such municipality at the preceding general election, submit to the electors of the municipality, at an election, the question, `Shall voting machines be used in the municipality of?' (b) The election on such question shall be conducted by the poll officers, at the places, during the hours, and under the regulations, provided by law for the holdings of general elections. Returns shall be computed and certified in the same manner as prescribed in this Code for general elections. (c) If necessary in order to provide funds for the purchase of such voting machine, the question of whether the indebtedness of the municipality shall be increased shall be

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submitted to a role of the electors of the municipality at the same time as the question of whether voting machines shall be used. (d) If a majority of the electors voting on such question or questions shall vote in the affirmative, the governing authority of such municipality shall purchase, lease or rent voting machines, conforming to the requirements of this Chapter, for recording and computing the vote at all elections held in such municipality. Section 34A-1104. Installation, custody and repair of voting machines. (a) When the use of voting machines has been authorized in the manner prescribed by either Section 34A-1102 or Section 34A-1103, such voting machines shall be installed, either simultaneously or gradually, within the municipality. Upon the installation of voting machines in any election district, the use of paper ballots therein shall be discontinued, except as otherwise provided by this Code. (b) In each election district in which voting machines are used, the governing authority shall provide at least one voting machine for each six hundred electors, or fraction thereof, therein. (c) Voting machines of different kinds may be used for different districts in the same municipality. (d) The governing authority shall provide voting machines in good working order and of sufficient capacity to accommodate the names of a reasonable number of candidates for all party offices and nominations and public offices which, under the provisions of existing laws and party rules, are likely to be voted for at any future primary or election. Section 34A-1105. Examination and approval of voting machines by Secretary of State. The examination and approval of voting machines by the Secretary of State shall apply to municipalities as prescribed for counties in Section 34-1205 of the Georgia Election Code.

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Section 34A-1106. General requirements as to voting machines .The general requirements as to voting machines shall apply as prescribed in Section 34-1206 of the Georgia Election Code. Section 34A-1107. Payment for voting machines .The governing authority of any municipality which adopts voting machines in a manner provided for by this Chapter, shall, upon the purchase thereof, provide for payment therefor by the municipality. Bonds or other evidence of indebtedness may be issued in accordance with the provisions of law relating to the increase of indebtedness of municipalities, to meet all or any part of the cost of the voting machines. Section 34A-1108. Form of ballot labels on voting machines .(a) The ballot labels shall be printed in black ink, upon clear white material, of such size as will fit the ballot frame, and in plain clear type so as to be easily readable by persons with normal vision. (b) If the construction of the machine shall require it, the ballot label for each candidate, group of candidates, political party or body, or question, to be voted on, shall bear the designating letter or number of the counter on the voting machine which will register or record votes therefor. Each question to be voted on shall appear on the ballot labels, in brief form, of not more than seventy-five (75) words, to be determined by the governing authority in the case of questions to be voted on by the electors of the municipality. (c) The ballot label for each candidate or group of candidates, nominated by a party or body, shall contain the name or designation of the party or body. (d) The titles of offices may be arranged horizontally or vertically, with the names of candidates for an office arranged transversely under or opposite the title of the office. (e) The names of all candidates, nominated by a party or body, shall appear in adjacent rows or columns containing

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generally the names of candidates nominated by such party or body. (f) The form and arrangement of ballot labels shall be prepared by the superintendent. (g) The names of all candidates of a party or body shall appear in the same row or column, and no other names shall appear in the same row or column, to the left or top of which shall be a straight party or body lever by means of which an elector may, in one operation, vote for all the candidates of that party or body for every office to be voted for. The names of such candidates and independent candidates shall be arranged under or opposite the title of the office for which they are candidates and shall appear in the order prescribed by Subsection (c) of Section 34A-1003. The rows or columns occupied by the candidates of political parties and bodies shall be arranged according to the priority prescribed by Section 34A-1003 (c). (h) In primaries, the ballot labels, containing the names of candidates seeking nomination by a political party, shall be segregated on the face of the machine in adjacent rows or columns by parties, the priority of such political parties on the ballot labels to be determined in the order prescribed by Section 34A-1003 (c). (i) In primaries, if it shall be impracticable to place on the ballot labels of one machine the names of all candidates seeking nomination in all political parties, the municipal superintendent may arrange for each election district the names of the candidates on separate voting machines; provided, however, that the names of all the candidates seeking nomination in any one political party shall appear on one machine. Section 34A-1109. Preparation of voting machines by municipal superintendents; duties of custodians and deputy custodians .(a) The municipal superintendent of each municipality shall cause the proper ballot labels to be placed on each voting machine which is to be used in any election district within such municipality; and shall cause each machine

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to be placed in proper order for voting; shall examine each machine before it is sent out to a polling place; shall see that each registering counter on each machine is set at zero; shall lock each machine so that the counting machinery cannot be operated, and shall seal each machine with a numbered seal. The municipal superintendent or his agent shall adjust each machine to be used at a primary, so that the poll officers may lock it on primary day, in such a way that each elector can vote only for the candidates seeking nomination by the political party in whose primary he is then voting and so that no elector can vote for the candidates seeking nomination by any political party in whose primary he is not then voting. (b) The governing authority shall appoint one custodian of voting machines, and such deputy custodians as may be necessary, whose duty it shall be to prepare the machines to be used in the municipality at the primaries and elections to be held therein. Each custodian and deputy custodian shall receive from the municipality. Such custodian shall, under the direction of the municipal superintendent, have charge of and represent the municipal superintendent during the preparation of the voting machines as required by this Code. Each custodian shall take an oath of office framed by the governing authority which shall be filed with the city clerk. (c) On or before the twentieth day preceding a primary or election, the municipal superintendent shall mail to the chairman of the municipal or other appropriate executive committee of each political party having candidates in the primary or election, and to each candidate who shall be entitled to have his name placed on the primary or election ballot a written notice stating the times when and the place or places where preparation of the machines for use in the several election districts in the municipality will be started. Notice shall also be placed in a newspaper of general circulation in the municipality at least five (5) days prior to the preparation of the machines. Interested parties may be present and shall be afforded every facility for the examination of all registering counters, protective counters, and public counters of each and every voting machine. However,

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such parties shall not interfere with the preparation of the machines, and the municipal superintendent may make such reasonable rules and regulations governing the conduct of such interested parties. (d) The custodian and deputy custodians of voting machines shall make an affidavit, which each shall sign, and each person present at the preparation shall have the opportunity to attest, and which shall be filed with the city clerk stating: (i) the identifying number or other designation of the voting machine; (ii) that each registering counter of the machine was set at zero; (iii) the number registered on the protective counter or other device of the machine; and (iv) the number on the seal with which the machine is sealed. Section 34A-1110. Payment for ballot labels and supplies .(a) In the case of an election, the governing authority shall furnish, at the expense of the municipality, all ballot labels, forms of certificates, and other papers and supplies, required under the provisions of this Code. (b) In the case of a primary, ballot labels and other materials necessary for the preparation of the voting machines shall be furnished free of charge to the municipal superintendent by the political party conducting such primary. Section 34A-1111. Delivery of voting machines and supplies by municipal superintendent to poll officers .(a) The municipal superintendent shall deliver the proper voting machine or voting machines, properly furnished with ballot labels, to the polling places of the respective election districts, at least one hour before the time set for opening the polls at each primary or election, and shall cause each machine to be set up in the proper manner for use in voting. Each machine shall then remain sealed until the examination immediately preceding the opening of the polls prescribed by this Code. (b) The municipal superintendent shall provide ample protection against molestation of an injury to the voting

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machine, and, for that purpose, shall call upon any law enforcement officer to furnish such assistance as may be necessary, and it shall be the duty of the law enforcement officer to furnish such assistance when so requested by the municipal superintendent. (c) The municipal superintendent shall furnish for each voting machine at least one hour before the opening of the polls: (i) A lamp which shall give sufficient light to enable electors, while in the voting machine booth, to read the ballot labels, and suitable for the use of poll officers in examining the counters; and the lamp shall be prepared and in good order for use before the opening of the polls; (ii) Two diagrams, of suitable size, representing such part of the face of such voting machine as will be in use in the primary or election, and accompanied by directions for voting on the machine; and such diagrams shall be posted prominently outside the enclosed space within the polling place; and (iii) A seal, for sealing the machine after the polls are closed; and envelope for the return of the keys, if the construction of the voting machine shall permit their separate return; and such other election materials and supplies as may be necessary, or as may be required by law. Section 34A-1112. Delivery of voting machine keys to chief manager .The municipal superintendent shall deliver the keys, which unlock the operating mechanism and the registering counters or counter compartment of the voting machine, to the chief manager, not later than one hour before the time set for the opening of the polls, and shall take his receipt therefor. The keys shall be enclosed in a sealed envelope, on which shall be written or printed: (a) The number of the voting machine; (b) the designation of the election district; (c) the number of the seal; (d) the number registered on the protective counter or device as reported by the custodian; provided, however, that if the type of voting machine used requires the simultaneous use

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of three keys to unlock the registering counters or counter compartment, only two of the said keys shall be enclosed in such sealed envelope, the third key being retained by the custodian of the municipal superintendent. Section 34A-1113. Instruction of electors before primary or election .(a) During the five days next preceding a general primary or election, or during the three (3) days next preceding a special primary or election, the municipal superintendent shall place on public exhibition, in such public places, and at such times as he may deem most suitable for the information and instruction of the electors, one or more voting machines, containing the ballot labels, and showing the offices and questions to be voted upon, the names and arrangements of parties and bodies, and, so far as practicable, the names and arrangements of the candidates to be voted for. Such machine or machines shall be under the charge and care of a person competent as custodian and instructor. No voting machine, which is to be assigned for use in a primary or election, shall be used for such public exhibition and instruction, after having been prepared and sealed for the primary or election. (b) Prior to any primary or election, the municipal superintendent may cause copies of any diagram or diagrams, required to be furnished with voting machines at polling places, to be made, either in full size or in reduced size, and to be posted, published, advertised or distributed among the electors in such manner as he may deem desirable. Section 34A-1114. Voting by ballot .If, for any reason, at any primary or election the use of voting machines wholly or in part is not practicable, the municipal superintendent may arrange to have the voting for such candidates or offices or for such questions conducted by paper ballots. Section 34A-1115. Unofficial ballot labels; repair of machine or use of paper ballots .(a) If ballot labels for an election district, at which a voting machine is to be used, shall not be delivered to the poll officers as required by this Code, the chief manager of such district shall cause other labels to be prepared, printed or written, as nearly

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in the form of official ballot labels as practicable, and the poll officers shall cause the labels, so substituted, to be used at the primary or election, in the same manner, as near as may be, as the official labels. Such labels, so substituted, shall be known as unofficial ballot labels. (b) If any voting machine shall become out of order during a primary or election, and repair or substitution cannot be made, paper ballots, printed or written, and of any suitable form, may be used for the taking of votes. Section 34A-1116. Custody of voting machines and keys .The governing authority shall designate person or persons who shall have the custody of the voting machines of the municipality, and the keys therefor, when the machines are not in use at a primary or election, and shall provide for his compensation and for the safe storage and care of the machines and keys. B. Vote Recorders . Section 34A-1117. Authorization of vote recorders .The governing authority of any municipality may at any regular meeting called for the purpose, by a majority vote, authorize and direct the use of vote recorders for recording and computing the vote at elections held in the municipality, and thereupon the governing authority shall purchase, lease, rent or otherwise vote recorders conforming to the requirements of this Chapter. Section 34A-1118. Installation, custody and repair of vote recorders .(a) When the use of vote recorders has been authorized in the manner herein prescribed, such vote recorders shall be installed, either simultaneously or gradually within the municipality. Upon the installation of vote recorders in any election district, the use of paper ballots therein shall be discontinued, except as otherwise provided by this Code. (b) In each election district in which vote recorders are used, the governing authority shall provide at least one vote recorder for each three hundred electors, or fraction thereof, therein.

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(c) Vote recorders of different kinds may be used for different districts in the same municipality. (d) The governing authority shall provide vote recorders in good working order and of sufficient capacity to accommodate the names of a reasonable number of candidates for all party offices and nominations and public offices which, under the provisions of existing laws and party rules, are likely to be voted for at any future primary or election. Section 34A-1119. Examination and approval of vote recorders by Secretary of State .The examination and approval of vote recorders by the Secretary of State shall apply to municipalities as prescribed for counties in Section 34-1218 of the Georgia Election Code. Section 34A-1120. General requirements as to vote recorders .The general requirements as to vote recorders shall be as prescribed in Section 34-1220 of the Georgia Election Code. Section 34A-1121. Payment for vote recorders .The governing authority of any municipality, which adopts vote recorders in the manner provided for by this Chapter, shall, upon the purchase thereof, provide for payment therefor by the municipality. Bonds or other evidence of indebtedness may be issued in accordance with the provisions of law relating to the increase of indebtedness of municipalities to meet all or any part of the cost of the vote recorders. Section 34A-1122. Form of ballot labels on vote recorders .(a) The ballot labels shall be printed in black ink, upon clear white material, of such size and arrangement as will suit the construction of the vote recorder, and in plain clear type so as to be easily readable by persons with normal vision. (b) The arrangement of offices, names of candidates and questions upon the ballot labels shall conform as nearly as practicable to the provisions of this Code for the arrangement of same on paper ballots; provided, however, that such form may be varied in order to present a clear presentation

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of candidates and questions to the electors. In the event that there are more candidates for any office than can be placed upon one page, the label shall be clearly marked to indicate that the names of candidates for the office are continued on the following page. (c) The form and arrangements of ballot labels shall be prepared by the superintendent. (d) In primaries, separate vote recorders may be used for each political party. If the same vote recorder is used for two or more political parties on the same day, the ballot cards of each party shall be clearly identified and so designed that only votes cast for candidates of that party will be counted by the tabulating machine. Section 34A-1123. Form of ballot cards for vote recorders .Ballot cards shall be of suitable design, size and stock to permit processing by tabulating machine. A serially numbered stub and strip shall be attached to each ballot card in a manner and form similar to that prescribed in this Code for paper ballots. Section 34A-1124. Write-in ballots .In elections, electors shall be permitted to cast write-in votes. The design of the ballot card shall permit the managers in counting the write-in votes to readily determine whether an elector has cast any write-in vote not authorized by law. The Secretary of State in specifying the form of the ballot, and the State Election Board in promulgating rules and regulations respecting the conduct of elections, shall provide for ballot secrecy in connection with write-in votes. Section 34A-1125. Preparation of vote recorders by municipal superintendents; duties of custodians and deputy custodians .(a) The municipal superintendent of each municipality shall cause the proper ballot labels to be placed on each vote recorder which is to be used in any election district within such municipality and shall cause each vote recorder to be placed in proper order for voting. (b) The governing authority shall appoint one custodian of vote recorders, and such deputy custodians as may be

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necessary, whose duty it shall be to prepare the vote recorders to be used in the municipality at the primaries and elections to be held therein. Each custodian and deputy custodian shall receive from the municipality such compensation as shall be fixed by the governing authority. Such custodian shall, under the direction of the municipal superintendent during the preparation of the vote recorders as required by this Code. Each custodian shall take an oath of office framed by the governing authority, which shall be filed with the city clerk. (c) On or before the third day preceding a primary or election, the municipal superintendent shall have the tabulating machines tested to ascertain that they will correctly count the votes cast for all offices and on all questions. Public notice of the time and place of the test shall be made at least five days prior thereto. Representatives of political parties and bodies, candidates, news media, and the public shall be permitted to observe such tests. The test shall be conducted by processing a pre-audited group of ballot cards so punched or marked as to record a pre-determined number of valid votes for each candidate and on each question, and shall include for each office one or more ballot cards which have votes in excess of the number allowed by law in order to test the ability of the tabulating machine to reject such votes. The tabulating machine shall not be approved unless it produces an errorless count. If any error is detected, the cause therefor shall be ascertained and corrected, and an errorless count shall be made before the machine is approved. The same test shall be repeated immediately before the start of the official count of the ballot cards and at the conclusion of such count. The municipal superintendent or custodian shall also prepare the vote recorders for voting at the various polling places to be used in the primary or elections. In preparing the vote recorders, he shall arrange the recorders and the ballot labels so that they meet all requirement of voting and counting at such primary or election, thoroughly inspect and test the vote recorders, and file a certificate in the office of the city clerk that the recorders are in proper order with correct ballot labels.

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(d) No municipal superintendent, nor custodian, nor other employee of the municipal superintendent shall, in any way, prevent free access to and examination of all vote recorders, which are to be used at the primary or election, by any interested persons. Section 34A-1126. Payment for ballot labels and supplies .(a) In the case of an election, the municipal superintendent shall furnish at the expense of the municipality, all ballot labels, forms of certificates, and other papers and supplies, required under the provisions of this Code. (b) In the case of a primary, ballot labels and other materials necessary for the preparation of the vote recorders shall be furnished free of charge to the municipal superintendent by the political party conducting such primary. Section 34A-1127. Delivery of vote recorders and supplies by municipal superintendent .(a) The municipal superintendent shall deliver the proper vote recorder or vote recorders, properly furnished with ballot labels, to the polling places at least one hour before the time set for opening the polls at each primary or election, and shall cause each vote recorder to be set up in the proper manner for use in voting. The municipal superintendent shall place each vote recorder in a voting booth so that the ballot labels on the recorder can be plainly seen by the poll officers when not being voted on. (b) The municipal superintendent shall provide ample protection against molestation of and injury to the vote recorder, and, for that purpose, shall call upon any law enforcement officer to furnish such assistance as may be necessary, and it shall be the duty of the law enforcement officer to furnish such assistance when so requested by the municipal superintendent. (c) The municipal superintendent shall furnish for each vote recorder at least one hour before the opening of the polls: (i) A lamp which shall give sufficient light to enable electors, while in the voting booth, to read the ballot labels,

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and suitable for the use of poll officers in examining the vote recorder; and the lamp shall be prepared and in good order for use before the opening of the polls; (ii) Two sample ballots printed on a single sheet of white paper or a number of sheets stapled together which shall be a reasonable facsimile of the ballot labels as will be in use in the primary or election, and accompanied by directions for voting on the vote recorder; and such sample ballots shall be posted prominently outside the enclosed space within the polling place; and (iii) A seal, for sealing the vote recorder after the polls are closed and such other materials and supplies as may be necessary, or as may be required by law. Section 34A-1128. Instruction of electors before primary or election .During the five (5) days next preceding a general primary or election, or during the three (3) days next preceding a special primary or election, the municipal superintendent shall place on public exhibition, in such public places, and at such times as he may deem most suitable for the information and instruction of the electors, one or more vote recorders, containing the ballot labels, and showing the office and questions to be voted upon, the names and arrangements of parties and bodies, and, so far as practicable, the names and arrangements of the candidates to be voted for. Such recorder or recorders shall be under the charge and care of a person competent as custodian and instructor. Section 34A-1129. Voting by paper ballot .If, for any reason, at any primary or election the use of vote recorders wholly or in part is not practicable, the municipal superintendent may arrange to have the voting for such candidates or offices or for such questioned conducted by paper ballots. Section 34A-1130. Unofficial ballot labels; repair of vote recorder or use of paper ballots .(a) If ballot labels for an election district, at which a vote recorder is to be used, shall not be delivered to the poll officers as required by this Code, the chief manager of such district shall cause other

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labels to be prepared, printed or written, as nearly in the form of official ballot labels as practicable, and the poll officers shall cause the labels, so substituted, to be used at the primary or election, in the same manner, as near as may be as the official labels. Such labels, so substituted, shall be known as unofficial ballot labels. (b) If any vote recorder shall become out of order during such primary or election, and repair or substitution cannot be made, paper ballots, printed or written, and of any suitable form, may be used for the taking of votes. Section 34A-1131. Custody of vote recorders .The governing authority shall designate a person or persons who shall have the custody of the vote recorders of the municipality when they are not in use at a primary or election, and shall provide for his compensation and for the safe storage and care of the vote recorders. Chapter 34A-12. Preparation for and Conduct of Primaries and Elections . A. General Provisions . Section 34A-1201. Cards of instructions and supplies .Prior to each primary and election the superintendent shall have printed instruction cards which shall contain full instructions for the guidance of electors. The superintendent shall also have printed and furnish blank forms of oaths of poll officers, affidavits of challenged electors, tally sheets, return sheets, and other forms and supplies required by this Code for use in each election district of the municipality. All such forms shall have printed thereon appropriate instructions. Section 34A-1202. Voter's certificates .(a) At each primary and election each superintendent shall prepare a suitable number of voter's certificates which shall be in substantially the following form: VOTER'S CERTIFICATE I hereby certify that I am qualified to vote at the (Primary or Election) held on, 19, and

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that I have not and will not vote elsewhere in this (Primary or Election). Signature Name or initials of poll officer receiving voter's certificate: In case of physical disability or illiteracy, fill out the following: I hereby certify that the voter is unable to sign his or her name by reason of the following: Signature of poll officer Number of stub of ballot or number of admission to voting machine (b) Notwithstanding any other provision of this Code, the superintendent may cause such form of voter's certificate to be printed on the ballot stubs when ballots are used and, when voting machines are used, the superintendent may cause such form of certificate to be printed on the slip containing an elector's number in the order of his admission to the voting machines. Section 34A-1203. Delivery of ballots and supplies to managers .(a) The cards of instruction, return sheets, tally sheets, oaths of poll officers, affidavits, and other forms and supplies required for use in each election district, and in districts in which ballots are used, the official ballots prepared for use therein, shall be packed by the superintendent in separate sealed packages for each election district, marked on the outside so as to clearly designate the districts for which they are intended, and, in the case of districts in which ballots are used, the number of ballots enclosed. They shall then be delivered by the superintendent, together with the ballot box which shall bear the designation of the election district, to the managers in the several

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election districts, prior to the hour appointed for opening the polls. The managers of the respective election districts, shall, on delivery to them such packages, return receipts therefor to the superintendent, who shall keep a record of the time when and the manner in which the several packages are delivered. The superintendent may, in his discretion, require the managers of the respective districts to call at his office to obtain such packages. (b) The registrars shall, prior to the hour appointed for opening the polls, place in the possession of the managers in each election district, a sufficient number of copies of the list of electors for such district, such list to contain all the information required by law. The list shall not contain the name of any elector who has been mailed or delivered an absentee ballot. The list for a given election district may be divided into as many sections as there are ballot boxes, voting machines or vote recorders in such district. Such list of electors shall be authenticated by the signatures of at least two of the registrars. The managers of the respective districts shall, on delivery to them of such electors lists, return receipts therefor to the registrars, who shall keep a record of the time when and the manner in which the electors lists are delivered. The registrars may, in their discretion, require the managers of the respective districts to call at their office to obtain such lists. Section 34A-1204. Time for opening and closing polls .At all primaries and elections the polls shall be opened at seven o'clock A.M. local time and shall remain open continuously until seven o'clock P.M. local time, at which time they shall be closed. Section 34A-1205. Correction of errors in electors lists .The registrars shall meet at their main office during each primary or election for the purpose of considering the qualification of electors whose names may have been omitted by inadvertence or mistake from the list of electors. The registrars shall be authorized to place the names of such electors on the registration list. Section 34A-1206. No campaign activities within two hundred and fifty feet of polling place .(a) No person,

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with the exception of candidates, shall solicit votes in any manner or by any means or method, nor shall any person distribute any campaign literature, newspaper, booklet, pamphlet, card, sign, or any other written or printed matter of any kind in support of any person, party, body, or proposition on any primary or election day within two hundred and fifty feet (250[unk]) of any polling place or of the outer edge of any building within which such polling place is established, whichever distance is greater. Section 34A-1207. Meeting of poll officers on day of primary or election; duties of poll officers .(a) The poll officers shall meet in the respective places appointed for holding the primary or election in each election district at least thirty minutes before the hour for opening the polls on the day of each primary or election. They shall thereupon, in the presence of each other, take and subscribe in duplicate the oaths required by this Code. (b) If any chief manager shall not appear at the polling place by seven o'clock A.M. on the day of any primary or election, the assistant managers shall appoint a chief manager, who is qualified under the provisions of this Code. If any assistant manager shall not appear at such hour, the chief manager shall appoint an assistant manager, who is qualified under the provisions of this Code. If, for any reason, any vacancy in the office of manager shall not have been filled, as aforesaid, by seven thirty A.M., the electors of the district, present at such time, shall elect a qualified person to fill such vacancy. If any clerk shall not appear by seven o'clock A.M., the chief manager shall fill such vacancy by appointing a qualified person therefor. Any person, thus appointed or elected to fill a vacancy, shall take and subscribe in duplicate to the appropriate oath required by this Code. (c) After the poll officers of a district have been organized, the chief manager shall assign duties to the assistant managers and clerks. Section 34A-1208. Duties of primary and election officials performed in public .Superintendent, poll officers and

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other officials, engaged in the conduct of primaries and elections held under the provisions of this Code, shall perform their duties in public. Section 34A-1209. Poll Watchers .(a) In a primary each candidate entitled to have his name placed on the primary ballot may submit the name of one poll watcher for each election district in which he wishes an observer to the Chairman or Secretary of the municipal or other appropriate party executive committee at least ten (10) days prior to such primary. The municipal or other appropriate party executive committee shall designate at least three (3) days prior to such primary, no more than two poll watchers for each election district, such poll watchers to be selected by the committee from the list submitted by party candidates. Official poll watchers will be given a letter signed by the party chairman and secretary and containing the following information: name of official poll watcher, address, precinct in which he shall serve, and name and date of primary. (b) In an election each political party shall be entitled to designate two official poll watchers for each precinct, such poll watchers to be selected by the municipal or other appropriate party executive committee as set forth in Section 34A-1209 (a) above. Each independent candidate shall be entitled to designate one poll watcher in each election district. Each such poll watcher shall be given a letter signed by the appropriate political party chairman and secretary, if a party designates same, or by the independent candidate, if named by him. Such letter shall contain the following information: name of official poll watcher, address, precinct in which he shall serve, and date of election. (c) Notwithstanding any other provisions of this Code, a poll watcher may be permitted behind the enclosed space for the purpose of observing the conduct of the election and the counting and recording of votes. Such poll watcher shall in no way interfere with the conduct of the election, and the poll manager may make reasonable regulations to avoid such interference. If a poll watcher persists in interfering with the conduct of the election, after being duly

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warned by the poll manager or superintendent, he may be removed by such official. Any infractions or irregularities observed by poll watchers shall be reported directly to the superintendent, not to the poll manager. Section 34A-1210. Instructions of electors .If any elector, before or after entering the voting booth, shall ask for instructions concerning the manner of voting, a poll officer may give him such instructions, but no person giving an elector such instructions shall in any manner request, suggest or seek to persuade or induce any such elector to vote any particular ticket or for any particular candidate or for or against any particular question. After giving such instructions, and before the elector closes the booth or votes, the poll officer shall retire, and the elector shall forthwith vote. Section 34A-1211. Assistance in voting .(a) No elector shall receive any assistance in voting at any primary or election: Unless he is unable to read the English language; or can prove to the satisfaction of the poll officers that he has a physical disability which renders him unable to see or mark the ballot or operate the voting machine or vote recorder, or to enter the voting compartment or booth without assistance. Before an elector shall be permitted to receive assistance, he shall take an oath which shall be administered to him and placed in writing by a manager, giving the reason why he requires assistance. The name of each person assisting the elector shall be endorsed on the oath. (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 five (5) such electors in any primary or election.

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(c) The oaths of assisted electors shall be returned by the chief manager to the superintendent who shall deliver same to the registrars. If such physical disability was acquired after the time of registration and if it appears to be permanent, the registrars shall record the need for voting assistance on subsequent electors lists for so long as the disability shall continue. The oaths of assisted electors shall be available for public inspection. Section 34A-1212. Regulations in force at polling places .(a) No elector shall be allowed to occupy a voting compartment or voting machine booth already occupied by another, except when giving assistance as permitted by this Code. (b) No elector shall remain in a voting compartment or voting machine booth an unreasonable length of time, and if he shall refuse to leave after such period, he shall be removed by the poll officers. (c) No elector, except a poll officer, shall re-enter the enclosed space after he has once left it, except to give assistance as provided by this Code. (d) No person, when within the polling place, shall electioneer or solicit votes for any political party or body or candidate or question, nor shall any written or printed matter be posted up within the said room, except as required by this Code. (e) All persons, except poll officers, persons in the course of voting, poll watchers, persons lawfully giving assistance to electors, and peace officers, when necessary for the preservation of order, must remain outside the enclosed space during the progress of the voting. (f) When the hour for closing the polls shall arrive, all electors who have already qualified, and are inside the enclosed space, shall be permitted to vote; and, in addition thereto, all electors who are then in the polling place outside the enclosed space, or then in line outside the polling place, waiting to vote, shall be permitted to do so, if found qualified, but no other persons shall be permitted to vote.

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(g) It shall be the duty of the chief manager to secure the observance of the provisions of this Section, to keep order in the polling place, and to see that no more persons are admitted within the enclosed space than are permitted by this Chapter. Section 34A-1213. Conduct of special elections .Every special election for the purpose of electing municipal officials or on a question, to be voted on by the electors of the municipality at large, or by the electors of any political subdivision, shall be held and conducted in all respects in accordance with the provisions of this Code relating to general elections, and the provisions of this Code relating to general elections shall apply thereto, insofar as practicable, and not inconsistent with any other provisions of this Code. All such special elections shall be conducted by the poll officers, by the use of the same equipment and facilities, so far as practicable, as are used for such general elections. Section 34A-1214. Voting in district of residence only .Except as provided in Chapter 34A-13, no person shall vote at any primary or election in any polling place outside the election district in which he resides, nor shall he vote in the election district in which he resides, unless he has been registered as an elector and his name appears on the electors list of such election district. Section 34A-1215. Voters' certificates and electors list to be preserved and open for public inspection .The voters' certificates shall constitute the official list of electors voting at a primary or election. All voters' certificates prepared by persons applying to vote whose applications to vote are refused by the poll officers shall be separately preserved and returned to the superintendent with the other election papers. After their return by the superintendent and city clerk to the registrars, the voters' certificates and electors lists shall be open for public inspection for a period of one year, after which they may be destroyed.

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B. Procedure for Conducting Elections in Districts Using Paper Ballots. Section 34A-1216. Opening of polls; posting cards of instructions and notices of penalties .(a) In districts in which ballots are used, the poll officers shall, after taking the oath, publicly open the ballot boxes which have been furnished to them, and shall, prior to opening of the polls, totally destroy any ballots and other papers which they may find therein which are not intended for use in such primary or election. When the polling place is opened, the ballot box shall be securely locked, and shall not be opened until the close of the polls, as provided in Section 34B-1222. At the opening of the polls the seals of the packages furnished by the superintendent shall be publicly broken, and such packages shall be opened. The cards of instruction shall be immediately posted in each voting compartment, and not less than three (3) such cards and notices of penalties, shall be immediately posted in or about the voting room outside the enclosed space. Section 34A-1217. Manner of applying to vote; voter's certificates; entries to be made on voter's certificates; numbered lists of voters .(a) At every primary and election, each elector who desires to vote shall first execute a voter's certificate and hand the same to the poll officer in charge of the electors list. When an elector has been found entitled to vote, the poll officer who examined his voter's certificate shall sign his name or initials on the voter's certificate, and shall, if the voter's signature is not readily legible, print such voter's name under his signature, and the number of the stub of the ballot issued to him, or his number in the order of admission to the voting machines, shall also be entered by a poll officer upon the electors list. As each elector is found to be qualified and votes, the poll officers shall check off the elector's name from the electors list, and shall enter the number of the stub of the ballot issued to him, or his number in the order of admission to the voting machines, on the voter's certificate of such elector. As each elector votes, his name in the order of voting shall be recorded in the numbered list of voters provided for that purpose.

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(b) Any elector who for reason of illiteracy or physical disability is unable to sign his name shall not be required to sign a voter's certificate, but a certificate shall be prepared for him by a poll officer, upon which the facts as to such disability shall be noted and attested by the signature of such poll officer. Section 34A-1218. Admission of voters within enclosed space; procuring of ballot; challenged and spoiled ballots .(a) No elector shall enter the enclosed space until he is found entitled to vote. (b) As soon as an elector has been admitted within the enclosed space, the poll officer having charge of the ballots shall detach a ballot from the stub and give it to the elector, first holding it so that the words and figures printed on the face shall not be visible, and no ballots shall be deposited in the ballot box unless folded in the same manner. If an elector's right to vote has been challenged for cause under the provisions of Section 34B-520 the poll officer shall write the word `Challenged' and the alleged cause of challenge on the back of the ballot. Not more than one ballot shall be detached from its stub in any book of ballots at any one time. Not more than one ballot shall be given to an elector, but if an elector inadvertently spoils a ballot, he may obtain another upon returning the spoiled one. The ballots thus returned shall be immediately cancelled and at the close of the polls shall be enclosed in an envelope, sealed and returned to the superintendent. Section 34A-1219. Method of marking and depositing of ballots .(a) The elector, after receiving his ballot, shall retire to one of the voting compartments, and draw the curtain or shut the screen or door, and shall then prepare his ballot. (b) At primaries, the elector shall prepare his ballot in the following manner: He shall vote for the candidates of his choice for nomination or election, according to the number of persons to be voted for by him, for each office, by making a cross (X) or check ([unk]) mark in the square opposite the name of each candidate. No elector shall be permitted to cast a write-in ballot in a primary.

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(c) At elections, the elector shall prepare his ballot in the following manner: He may vote for the candidates of his choice for each office to be filled according to the number of persons to be voted for by him for each office, by making a cross (X) or check ([unk]) mark in the square opposite the name of the candidate, or he may write, in the blank space provided therefor, any name not already printed on the ballot, and such insertion shall count as a vote without the marking of a cross (X) or check ([unk]) mark. If he desires to vote for every candidate of a political party or body, he may make a cross (X) or check ([unk]) mark in the square opposite the name of the party or body of his choice in the party or body column on the left of the ballot, and every such cross (X) or check ([unk]) mark shall be equivalent to and be counted as a vote for every candidate of a party or body so marked. In case of a question submitted to the vote of the electors, he may make a cross (X) or check ([unk]) mark in the appropriate square opposite the answer which he desires to give. (d) Before leaving the voting compartment, the elector shall fold his ballot, without displaying the markings thereon, in the same way it was folded when received by him, and he shall then leave the compartment and exhibit the numbered strip to a poll officer who shall ascertain by an inspection of the number appearing thereon whether the ballot so exhibited to him is the same ballot which the elector received before entering the voting compartment. If it is the same, the poll officer shall direct the elector, without unfolding the ballot, to remove the perforated portion containing the number, and the elector shall immediately deposit the ballot in the ballot box. If the ballot is marked `Challenged', the numbered perforated portion shall not be removed and the ballot shall be deposited with it attached. Any ballot, other than one marked Challenged, deposited in a ballot box at any primary or election without having such number removed shall be void and shall not be counted. Section 34A-1220. Ballots to be issued by poll officers only; ballots not to be removed; official ballots only to be deposited or counted .No official ballot shall be taken or

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detached from its stub in any book of ballots, except by a poll officer when a person desiring to vote has been found to be an elector entitled to vote. No person other than the poll officers shall take or remove any ballot from the polling place. Only official ballots shall be deposited in the ballot box and counted, except as herein otherwise provided. If any ballot appears to have been obtained otherwise than from the superintendent as provided by this Chapter, the same shall not be counted, and the chief manager shall transmit such ballot to the solicitor general without delay, together with whatever information he may have regarding the same. Section 34A-1221. Duties of poll officers after the close of the polls .After the polls are closed and the last elector has voted the poll officers shall remain within the enclosed space. Before the ballot box is opened, the number of ballots issued to electors, as shown by the stubs, and the number of ballots, if any, spoiled and returned by electors and cancelled, shall be announced to all present in the voting room, and entered on the returns of votes cast at such primary or election. The poll officers shall then compare the number of electors voting as shown by the stubs with the number of names shown as voting by the electors list, voter's certificates, and the numbered list of voters, and shall announce the result, and shall enter on the returns the number of electors who have voted, as shown by the voter's certificate. If any differences exist, they shall be reconciled, if possible, otherwise they shall be noted on the returns. Section 34A-1222. Count and return of votes .(a) After the polls close at 7:00 P. M. and as soon as all the ballots have been properly accounted for, and all void and unused ballots sealed in separate envelopes, the poll officers shall count the ballots in such manner as to assure that all ballots are tallied by at least two persons. All ballots, after being removed from the box shall be kept within the unobstructed view of all persons in the voting room until replaced in the box and shall not be removed from the polling place until the counting is completed and the returns made.

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(b) When all the ballots shall have been counted and tallied, the poll officers shall certify to the number of votes cast for each person and question, and shall prepare in ink in triplicate a return, showing the official count as to all offices and questions, the total number of ballots received from the superintendent, the number of ballots cast, the number of ballots declared void, and the number of ballots spoiled and cancelled, and any blank ballots cast. (c) In returning any votes cast for any person whose name is not printed on the ballot, the poll officers shall record any such names exactly as they were written on the ballot. Section 34A-1223. What ballots shall be counted; manner of counting; defective ballots .(a) Any ballot marked so as to identify the voter shall be void and not counted, except a ballot cast by a challenged elector whose name appears on the electors list; such challenged vote shall be counted as prima facie valid but may be voided in the event of an election contest. Any ballot marked by anything but pen or pencil shall be void and not counted. Any erasure, mutilation or defect in the vote for any candidate shall render void the vote for such candidate, but shall not invalidate the votes cast on the remainder of the ballot, if otherwise properly marked. If an elector shall mark his ballot for more persons for any nomination or office than there are candidates to be voted for such nomination or office, or if, for any reason, it may be impossible to determine his choice for any nomination or office, his ballot shall not be counted for such nomination or office, but the ballot shall be counted for all nominations or offices for which it is properly marked. Ballots not marked, or improperly or defectively marked, so that the whole ballot is void, shall be set aside and shall be preserved with other ballots. (b) Any ballot marked by any other mark than a cross (X) or check ([unk]) mark in the spaces provided for that purpose shall be void and not counted; provided, however, that no vote recorded thereon shall be declared void because a cross (X) or check ([unk]) mark thereon is irregular

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in form. Notwithstanding any other provisions of this Code to the contrary, if the voter has marked his ballot in such a manner that he has indicated clearly and without question the candidate which he desires to receive his vote, his ballot shall be counted and such candidate shall receive his vote, notwithstanding the fact that the ballot may have been marked in a manner other than as prescribed by this Code. (c) At elections, a cross (X) or check ([unk]) mark in the square opposite the name of a political party or body in the party or body column shall be counted as a vote for every candidate of that party or body so marked. Any erasure, mutilation or defective marking of the straight party or body column at general elections shall render the entire ballot void, unless the elector has properly indicated his choice for candidates in any other column, in which case the vote or votes for such candidates only shall be counted. At elections, a ballot indicating a write-in vote for any person whose name is not printed on the ballot, shall be counted as a vote for such person, if written in the proper space or spaces provided for that purpose, whether or not a cross (X) or check ([unk]) mark is placed before the name of such person. Section 34A-1224. Signing and disposition of returns, electors list and voter's certificates; posting; return of ballot boxes .(a) Immediately after the vote has been counted the returns shall be signed by the poll officers. If any poll officer shall refuse to sign or certify the returns, he shall write his reason therefor upon the return sheets. (b) One counterpart of such returns shall be immediately posted outside of the polling place for the information of the public. This counterpart shall be removed on the afternoon of the following day and filed in the office of the superintendent. (c) A second counterpart of such returns, together with the used, unused and void ballots and the stubs of all the ballots used, the tally papers, oaths of poll officers, the electors list, and numbered list of voters, shall be sealed

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in a separate envelope addressed to the city clerk and bearing a list of its contents on the outside. The electors list shall be returned to the registrars at the time the ballots, unused and void ballots, tally papers and stubs are destroyed by the city clerk. This envelope, together with an unsealed third counterpart of such returns, the ballot boxes and other election supplies, shall be immediately delivered by the managers into the custody of the superintendent. (d) The voter's certificates, rejected voter's certificates and oaths of assisted voters shall be sealed in a separate envelope addressed to the registrars and bearing a list of its contents on the outside. This envelope shall be immediately delivered by the managers into the custody of the superintendent. C. Procedures for Conducting Elections in Districts Using Voting Machines. Section 34A-1225. Opening of polls; examination of voting machines. (a) (i) In districts in which voting machines are used, at the opening of the polls, the seals of the package furnished by the superintendent shall be publicly broken, and such package shall be opened by the chief manager. Not less than three cards of instruction and notices of penalties, and not less than two diagrams of the face of the machine shall be immediately posted in or about the voting room outside the enclosed space. Thereupon the managers, before opening the envelope containing the keys which unlock the operating mechanism and registering counters or counter compartment of the voting machine, shall examine the number of the seal on the machine and the number registered on the protective counter or device, and shall see whether they are the same as the numbers written on the envelope containing the keys. If either number shall be found not to agree, the envelope shall remain unopened until the poll officers shall have notified the proper custodian of voting machines, or the superintendent shall have presented himself at the polling place for the purpose of re-examining the machine, and shall have certified that it is properly arranged. But if the numbers on the seal and the protective counter or device shall both be found

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to agree with the numbers on the envelope, the envelope shall be opened, and where the voting machine provided is not equipped with mechanism for printing paper proof sheets, the poll officers shall examine the registering counters, and, for that purpose, shall open the doors concealing such counters, if the construction of the voting machine shall so require, and, before the polls are opened, each manager shall carefully examine every counter, and shall see that it registers zero (000). When the voting machine provided is equipped with mechanism for printing paper proof sheets, and requires the simultaneous use of three keys to unlock the registering counters or counter compartment, the chief manager shall deliver one of the two keys, aforesaid, to an assistant manager to be retained by him as hereinafter provided, and shall then print at least two proof sheets, one of which each manager shall carefully examine to ascertain whether every counter registers zero (000), and shall then preserve such proof sheets to be signed by them and returned to the superintendent, with the return sheet, and shall sign and post the other proof sheet upon the wall of the polling place, whether it shall remain until the polls are closed. The key delivered by the chief manager to such assistant manager as aforesaid, shall be retained by him until the polls have been closed, and the voting and counting mechanism of the machine shall have been locked and sealed against voting, and shall then be returned to the chief manager, for return by him to the superintendent as hereinafter provided. (ii) If the ballot labels containing the names of officers, political parties and bodies, candidates and questions, shall not be in their proper places on the voting machine, the poll officers shall immediately notify the proper custodian of voting machines, or the superintendent, and the machine shall not be used until the custodian, or some other person authorized by the superintendent, shall have supplied ballot labels, as herein prescribed. If the ballot labels for a voting machine shall not be delivered at the time required, or if after delivery, they shall be lost, destroyed or stolen, the superintendent or custodian shall cause other ballot labels to be prepared, printed or written, as nearly in the form of the official ballot labels as practicable, and

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shall cause such ballot labels to be used in the same manner, as nearly as may be, as the official ballot labels would have been used. (iii) The managers shall sign a certificate showing: (1) the identifying number or other designation of the voting machine; (2) the delivery of the keys in a sealed envelope; (3) the number on the seal upon the machine; (4) the number registered on the protective counter or device; (5) that all of the counters were set at zero (000); and (6) that the ballot labels are properly placed in the machine, which certificate shall be returned by the chief manager to the superintendent with the other certificates, as hereinafter provided. (iv) The machine shall remain locked against voting until the polls are opened, and shall not be operated except by electors in voting. If any counter is found not to register zero (000), the poll officers shall immediately notify the custodian, or the superintendent who shall, if practicable, adjust or cause the counters to be adjusted at zero (000), but, if it shall be found impracticable for the custodian or other person authorized by the superintendent to arrive in time so adjust such counters before the time set for opening the polls, the poll officers shall immediately make a written record of the designation or designating letter or number of such counter, together with the number registered thereon (herein below called the initial number and shall sign and post the same upon the wall of the polling place, where it shall remain until the polls are closed; provided, however, that if the voting machine used is equipped with mechanism for printing paper proof sheets, in any case where any counter is shown by such proof sheet not to register zero (000), if it shall be found impracticable to have such counter adjusted before the time set for opening the polls, the poll officers shall sign such printed proof sheet and post the same upon the wall of the polling place where it shall remain until the polls are closed; and, in filling out the returns of the election, if the final number of such counter is greater than the initial number, the poll officers shall subtract the initial number from the final number, and enter the difference on the returns as the

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vote for the candidate or on the question represented by such counter; if the final number of such counter is less than the initial number, the poll officers shall add one thousand to the final number and shall subtract the initial number from the sum so ascertained, and shall enter upon the returns as the vote for the candidate or on the question represented by such counter the final number plus one thousand less the initial number. (v) The exterior of the voting machine, and every part of the polling place, shall be in plain view of the poll officers. The voting machine shall be located at the polling place, at least six feet back of the guard rail or barrier, in such a position that, unless its construction shall require otherwise, the ballot labels on the face of the machine can be seen plainly by the poll officers when the machine is not occupied by an elector. (vi) The poll officers shall not themselves be, not allow any other person to be, in any position that will permit any one to see or ascertain how an elector votes, or how he has voted. A poll officer shall inspect the fact of the machine at frequent intervals, to see that the ballot labels are in their proper places, and that the machine has not been injured or tampered with. (vii) During a primary or election, the door, or other covering of the compartment containing the counters of the machine shall not be unlocked or opened, or the counters exposed, except by action of the proper custodian of voting machines, for good and sufficient reason, a statement of which shall be made in writing and signed by him and attested by the signatures of the poll officers, or except upon the written order of the ordinary, for good and sufficient reason, which shall be stated in the order. Section 34A-1226. Manner of applying to vote; voter's certificates; entries to be made on voter's certificates; numbered lists of voters. (a) At every primary and election, each elector who desires to vote shall first execute a voter's certificate and hand the same to the poll officer in charge of the electors list. When an elector has been found entitled

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to vote, the poll officer who examined his voter's certificate shall sign his name or initials on the voter's certificate, and shall, if the voter's signature is not readily legible, print such voter's name under his signature, and the number of the stub of the ballot issued to him, or his number in the order of admission to the voting machines, shall also be entered by a poll officer upon the electors list. As each elector is found to be qualified and votes, the poll officers shall check off the elector's name on the electors list, and shall enter the number of the stub of the ballot issued to him, or his number in the order of admission to the voting machines, on the voter's certificate of such elector. As each elector votes, his name in the order of voting shall be recorded in the numbered list of voters provided for that purpose. (b) An elector who for reason of illiteracy or physical disability is unable to sign his name shall not be required to sign a voter's certificate, but a certificate shall be prepared for him by a poll officer, upon which the facts as to such disability shall be noted and attested by the signature of such poll officer. Section 34A-1227. Admission of voters within enclosed space; challenged ballot; instructions for voting in primaries and elections; write-in votes. (a) No elector shall enter the enclosed space until he is found entitled to vote, after which he shall be admitted to the voting machine booth as soon as it is vacant, and shall be permitted to vote. (b) If an elector's right to vote has been challenged pursuant to Section 34A-520, the elector shall not be permitted to vote on the voting machine, but shall vote by ballot in the manner prescribed by this Code. (c) At primaries, before an elector is admitted to the voting machine, it shall be adjusted by the poll officer in charge thereof, so that such elector will only be able to vote for the candidates of the party in whose primary he is then participating. (d) At primaries, he shall vote for each candidate individually by operating the key, handle, pointer or knob, upon

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or adjacent to which the names of candidates of his choice are placed. At election, he may vote for each candidate individually by operating the key, handle, pointer or knob, upon or adjacent to which the names of candidates of his choice are placed, or he may vote a straight political party or body ticket in one operation by operating the straight political party or body lever of the political party or body of his choice. He may also, after having operated the straight party or body lever, and before recording his vote, cancel the vote for any candidate of such political party or body by replacing the individual key, handle, pointer or knob of such candidate, and may thereupon vote for a candidate of another party or body for the same office by operating the key, handle, pointer or knob, upon or adjacent to which the name of such candidate appears. In the case of a question submitted to the vote of the electors, the elector shall operate the key, handle, pointer or knob corresponding to the answer which he desires to give. (e) An elector may, at any election, vote for any person for any office, for which office his name does not appear upon the voting machine as a candidate, by a write-in ballot, containing the name of such person, deposited, written or affixed (but not by the use of a sticker or paster) in or upon the appropriate receptacle or device provided in or on the machine for that purpose, and in no other manner. Where two or more persons are to be elected to the same office, and the name of each candidate is placed upon or adjacent to a separate key, handle, pointer or knob, and the voting machine requires that all write-in ballots voted for that office be deposited, written or affixed in or upon a single receptacle or device, an elector may vote in or by such receptacle or device for one or more persons whose names do not appear upon the machine, with or without the name of one or more persons whose names do so appear. With these exceptions, no write-in ballot shall be cast on a voting machine for any person for any office, whose name appears on the machine as a candidate for that office, and any ballot so cast shall be void and not counted. (f) As soon as the elector has adjusted the voting machine so that it will record his choice for the various candidates

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to be voted for, and his answers to the various questions submitted, he shall operate the recording mechanism, and immediately leave the voting machine booth. Section 34A-1228. Duties of poll officers after the close of the polls .As soon as the polls are closed and the last elector has voted, the poll officers shall immediately lock and seal the operating lever or mechanism of the machine, so that the voting and counting mechanism will be prevented from operation, and they shall then sign a certificate stating: (i) that the machine has been locked against voting and sealed; (ii) the number, as shown on the public counter; (iii) the number on the seal which they have placed upon the machine; (iv) the number registered on the protective counter or device; and (v) the number or other designation of the voting machine, which certificate shall be returned by the chief manager to the superintendent with the other certificates as herein provided. The poll officers shall then compare the number, as shown by the public counter of the machine, with the number of names appearing on the numbered list of voters, the electors list and voter's certificates. Section 34A-1229. Canvass and return of votes in districts in which voting machines are used .(a) If the type of voting machine provided shall require the counters to be seen in order to enable the poll officers to canvass the vote, the poll officers, in the presence of all persons within the polling place, shall then unlock the doors or other covering and make visible the registering counters. If the voting machine is equipped with mechanism for printing proof sheets, the poll officers shall forthwith print not less than four proof sheets. The chief manager and an assistant manager shall then, under the scrutiny of the other assistant manager, and in the order of the offices as their titles are arranged on the machine, read from the counters or from one of the proof sheets, as the case may be, and announce, in distinct tones, the designation or designating number and letter on each counter for each candidate's name, the result as shown by the counter numbers, the votes recorded for each office for persons other than nominated candidates, and the designation or designating numbers

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and letters on each counter, and the results as shown by the counter numbers for and against each question voted on. (b) The official count for all offices and all questions shall be entered by the poll officers, in ink, in triplicate, on return sheets. There shall also be entered on the return sheet the number of electors who have voted, as shown by the numbered list of voters, electors list, and voter's certificates, and the number on each machine, as shown by the public counters, and also the number registered on the protective counter or device on each machine immediately prior to the opening of the polls and immediately after the closing thereof and sealing of the machine. The number or other designation of each machine used shall also be entered thereon. In the case of primaries, return sheets shall be prepared as for other elections. The registering counters of the voting machine or the paper proof sheets, as the case may be, shall remain exposed to view until the said returns, and all other reports have been fully completed and checked by the poll officers. During such time, any candidate or his representative who may desire to be present shall be admitted to the polling place. (c) The proclamation of the result of the votes cast shall be announced distinctly and audibly by a poll officer who shall read the name of each candidate, the designation or designating number and letters of his counters, and the vote registered on each counter, also the vote cast for and against each question submitted. After any necessary corrections shall have been made by poll officers, the doors or other cover of the voting machine shall be closed and locked. The chief manager shall promptly deliver to the superintendent, or his representative, the keys of the voting machine, enclosed in a sealed envelope, if the construction of the voting machine shall permit their separate return. Such envelope shall have endorsed thereon a certificate of the poll officers, stating the number of the machine, the election district where it has been used, the number on the seal, and the number on the protective counter or device at the close of the polls.

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(d) The poll officers, on the foregoing returns, shall record any votes which have been cast by means of a write-ballot labels, such names to be recorded exactly as written. in ballot for a person whose name is not printed on the (e) After the canvass is completed, the return sheets shall be signed by the poll officers. If any poll officer shall refuse to sign or certify the return sheets, he shall write his reason therefor upon such sheets. Section 34A-1230. Disposition of returns, elector's list, voters certificates and other papers; posting .The return sheets shall be printed to conform with the type of voting machine used, and in form approved by the governing authority. The designating number and letter, if any, on the counter for each candidate, shall be printed thereon opposite the candidate's name. (b) One counterpart of the district returns shall be immediately posted outside of the polling place for the information of the public. If the type of voting machine used in the district is equipped with mechanism for printing paper proof sheets, one of such proof sheets shall also be posted outside of the polling place. This counterpart of the returns and the paper proof sheet, if any, shall be removed on the afternoon of the following day and filed in the office of the superintendent. (c) A second counterpart of the district returns, together with the write-in ballots, one or more of the paper proof sheets (if the type of voting machine used is equipped with mechanism for printing them) oaths and certificates of poll officers, the electors list, and the numbered list of voters, shall be sealed in a separate envelope addressed to the city clerk and bearing a list of its contents on the outside. The envelope, together with an unsealed third counterpart of such returns and other election supplies, shall be immediately delivered by the managers into the custody of the superintendent. The electors list shall be returned to the registrar at the time the other election return sheets, numbered list of voters, and oaths are destroyed by the city clerk.

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(d) The voter's certificates, rejected voter's certificates and oaths of assisted voters shall be sealed in a separate envelope addressed to the board of registrars and bearing a list of its contents on the outside. This envelope shall be immediately delivered by the managers into the custody of the superintendent. Section 34A-1231. Removal and storage of voting machines .As soon as possible after the completion of the count in districts in which voting machines are used, the superintendent shall have the voting machines removed to the place of storage. The voting machines shall remain locked against voting for the period of ten (10) days next following each primary and election, and as much longer as may be necessary or advisable because of any existing or threatened contest over the result of the primary or election, with due regard for the date of the next following primary or election, except that they may be opened and all the data and figures therein examined under the provisions of this Code, by order of any superior court of competent jurisdiction, and such data and such figures shall be examined by such committee in the presence of the officer having the custody of such machines. D. Procedures for Conducting Elections in Districts Using Vote Recorders. Section 34A-1232. Opening of polls; manner of voting; spoiled ballots; challenged ballot; inspection of ballot labels; damaged recorders .(a) In districts in which vote recorders are used, the procedure for opening the polls and for an elector to obtain a ballot card, to record his vote thereon, and to deposit his ballot card in the ballot box, shall conform to the procedure herein prescribed for paper ballots insofar as practicable. (b) If an elector spoils or defaces a ballot card or write-in ballot, he shall return it to the managers and receive another. A manager shall immediately cancel the spoiled ballot by writing the word `spoiled' across said ballot, and shall place it in the container for spoiled ballots.

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(c) After marking the ballot card, the elector shall then leave the compartment and exhibit his ballot card number strip to a poll officer. The elector, unless his vote is `challenged', shall remove the number strip in the presence of a poll officer before depositing the ballot card in the ballot box. If the vote is `challenged', then the ballot card with the number strip attached shall be placed in an envelope provided for that purpose which envelope shall be marked `challenged'. (d) The poll officers shall, from time to time, inspect the face of each vote recorder and the ballot labels to determine that the recorder and the ballot labels have not been damaged or tampered with. (e) If any vote recorder becomes damaged so as to render it inoperative in whole or in part, the chief manager shall promptly notify the superintendent or custodian, who shall have such vote recorder repaired or replaced. Section 34A-1233. Duties of poll officers after the close of the polls in districts in which vote recorders are used .As soon as the polls are closed and the last elector has voted in election districts in which vote recorders are used, the poll officers shall: (a) Place the vote recorders under lock or seal; (b) Count and record on return sheets, in ink, in triplicate, the number of persons voting as shown on the numbered list of voters, the number of ballots unused, the number of ballots issued to electors as shown by the stubs, and the number of ballots spoiled and returned by electors and cancelled. If any difference exists, they shall be reconciled if possible; otherwise they shall be noted on the returns. (c) As soon as all votes have been accounted for, the unused and void, spoiled, or cancelled ballots shall be sealed in separate envelopes with number noted on outside. (d) Open each ballot box and count the number of ballots cast; (e) Examine the ballot cards and separate the write-in ballots for later counting;

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(f) Place ballot cards in the ballot container to be taken to the tabulating machine center or centers as designated by the superintendent; (g) Record in ink the designation of the polling place and a serial number on all write-in ballots, starting with the number one, and place the same number on the ballot card voted by the same elector, so that write-in ballots may be identified with the corresponding ballot cards; (h) Examine each write-in vote to ascertain whether it is valid by checking with the vote cast on the ballot card by the same elector; and if any vote cast on the write-in ballot, in combination with the vote cast for the same office on the ballot card, exceeds the allowed number for the office, the entire vote cast for that office shall be marked void and shall not be counted; and the ballot card of such elector shall be kept with the write-in ballot on which shall be written a notation that the vote or votes cast for the office concerned are invalid because they exceed the number allowed by law; and the write-in ballot and the ballot card of such elector shall be returned with the defective ballot cards to the tabulating machine center, where a duplicate ballot card shall be made on which any invalid vote shall be omitted; (i) After the write-in ballots have been counted and the returns prepared, the write-in ballots shall be placed in an envelope marked `Write-in Ballots and the designation of the polling place and the number of write-in ballots contained therein shall be placed on such envelope, which shall be sealed and signed by the managers; and such envelope shall then be placed in the ballot container with the other ballot cards; (j) Any ballot card that is so torn, bent or mutilated that it may not be counted by the tabulating machine, shall be placed in an envelope marked `Defective Ballots' and placed in the container with other ballot cards; and (k) In the event that paper ballots are used in conjunction with ballot cards, the counting of the paper ballots shall be conducted as provided by this Code.

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Section 34A-1234. Return in districts in which vote recorders are used .(a) Upon completion of the count of write-in votes, the managers shall prepare and sign a return, in triplicate, showing: (i) the number of valid ballot cards, including any that are damaged; (ii) the number of write-in ballots voted, and the tally of the write-in votes; (iii) the number of spoiled and invalid ballot cards; and (iv) the number of unused ballot cards; the votes cast as listed in Section 34A-1233 (b) of this Code. (b) One counterpart of such returns shall be immediately posted outside of the polling place for the information of the public. This counterpart shall be removed on the afternoon of the following day and filed in the office of the superintendent. (c) A second counterpart of the district returns, together with the used, unused and invalid ballot cards and the stubs of all ballot cards used, the write-in ballots, tally papers, oaths of poll officers, the electors list, and the numbered list of voters, each enclosed in separate envelopes (except that the tally papers, oaths and lists may be enclosed in the same envelope), shall be placed in the ballot card container which shall be sealed and signed by the managers so that it cannot be opened without breaking the seal. The ballot card container and other election supplies, shall be immediately delivered by the managers to the tabulating machine center, or other place designated by the superintendent, who shall receive a receipt therefor. The superintendent shall be responsible for the return of the vote recorders to the custodian as soon as practicable. (d) The voter's certificates, rejected voter's certificates and oaths of assisted voters shall be sealed in a separate envelope addressed to the board of registrars and bearing a list of its contents on the outside. This envelope shall be immediately delivered by the managers into the custody of the superintendent. Section 34A-1235. Procedures at the tabulating center .(a) (i) In primaries and elections in which vote recorders have been used, the ballot cards shall be counted at one or

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more tabulating machine centers under the direction of the superintendent. All persons who perform any duties at the tabulating machine center shall be deputized by the superintendent, and only persons so deputized shall touch any ballot card, container, paper, or machine utilized in the conduct of the count, or be permitted to be inside the area designated for officers deputized to conduct the count. All proceedings at a tabulating machine center shall be open to the view of the public, but no person except one employed and designated for the purpose by the superintendent or his authorized deputy shall touch any ballot cards or ballot card container. (ii) At the tabulating machine center the seal on each container of ballot cards shall be inspected and certified that it has not been broken before the container is opened. The ballot cards and other contents of the container shall then be removed, and the ballot cards shall be prepared for processing by the tabulating machine. The ballot cards of each polling place shall be plainly identified and not comingled with the ballot cards of other polling places. (iii) If it appears that a ballot card is so torn, bent or otherwise defective that it cannot be processed by the tabulating machine, the officer in charge of the tabulating machine shall have a true duplicate copy prepared for processing with the ballot cards of the same polling place, which shall be verified in the presence of a witness. All duplicate cards shall be clearly labeled by the words Duplicate and shall bear the designation of the polling place and a serial number, which shall also be recorded on the defective card. Any ballot card returned by the managers with the notation that the votes cast for a particular office are invalid shall, after inspection, be duplicated in the same manner, except that the invalid vote shall not be recorded on the duplicate ballot. (iv) The official returns of the votes cast on ballot cards at each polling place shall be printed by the tabulating machine, to which shall be added the votes of absentee electors and write-in votes. The returns thus prepared shall be certified and promptly posted as provided by this Code

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for paper ballots. The official returns for the primary or election may be printed by the tabulating machine, to which are added the tally of write-in and absentee votes, and shall be canvassed and certified as provided by this Code. The ballot cards, write-in ballots, spoiled, defective and invalid ballot cards and returns shall be filed and retained in the same manner as provided by this Code for paper ballots. Chapter 34A-13. Absentee Voting . Section 34A-1301. Application .The provisions of this Chapter shall apply to municipal primaries, elections or bond elections if the governing authority elects to use absentee ballots. Section 34A-1302. Definition of `absentee elector' .The words `absentee elector', when used in this Chapter, shall mean, unless otherwise clearly apparent from the context, an elector of the municipality who is required to be absent from said municipality during the time of the primary or election in which he desires to vote or who because of physical disability will be unable to be present at the polls on the day of such primary or election. Section 34A-1303. Appointment of absentee ballot clerk .The governing authority of a municipality electing to use absentee ballots shall appoint an absentee ballot clerk, who may be the county registrar, municipal registrar, or any other designated official and who shall perform duties set forth in this Code. Section 34A-1304. Application for ballot; time limitation on application .(a) Any absentee elector or, upon satisfactory proof of relationship, his mother, father, aunt, uncle, sister, brother, spouse, or daughter or son of the age of eighteen or over, may make an application to the absentee ballot clerk for an official ballot of the elector's district to be voted at such primary or election. The application shall be in writing and shall contain the name and residence address of the elector, the address to which he desires to have the ballot mailed, the identity of the primary or election in which he desires to vote, and such other information

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as the absentee ballot clerk may require. In the case of an elector in the active armed forces of the United States, his rank, branch of service and serial number shall also be included in the application. (b) An elector applying for an absentee ballot on the ground of his physical disability shall accompany his application with a certificate of a licensed attending physician, hospital administrator or a Christian Science practitioner to the fact that such elector because of physical disability will be unable to be present at the polls on the day of primary or election. If a physician certifies that an elector is permanently disabled, the registrar shall keep such certification on file, and such elector shall not be required to furnish additional certificates for subsequent elections. (c) A ballot shall not be mailed to an applicant whose application is received within a period of five (5) days prior to the primary or election and whose mailing address is located over three hundred (300) miles from the main office of the absentee ballot clerk; and provided further, that no absentee ballot shall be mailed by the absentee ballot clerk on the day prior to a primary or election. The date a ballot is mailed or delivered to an elector and the date it is returned shall be entered on the application therefor. Section 34A-1305. Official absentee ballots and envelopes; affidavit and jurat .(a) The ballots shall be marked `Official Absentee Ballot' and shall be in substantially the form for ballots required by Chapter 34A-10, which form shall be determined and prescribed by the superintendent. (b) The superintendent shall provide two additional envelopes for each official absentee ballot, the smaller of which shall have printed thereon the words `Official Absentee Ballot', and nothing else. On the back of the larger envelope shall be printed the form of affidavit of the elector, together with the form of jurat of the person in whose presence the ballot is marked and before whom the affidavit is made, and on the face of such envelope shall be printed the name and address of the absentee ballot clerk.

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The mailing envelope addressed to the elector shall contain the two aforementioned envelopes, the official absentee ballot, the uniform instructions for the manner of preparing and returning the ballot, in form and substance as provided by the superintendent, and nothing else. (c) The affidavit and jurat referred to in Subsection (b) shall be in substantially the following form:

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Section 34A-1306. Duties of superintendent and absentee ballot clerk; mailing or delivery of ballot; master list for public inspection .(a) The superintendent shall, as soon as practicable prior to each primary or election, prepare and deliver an adequate supply of official absentee ballots, envelopes and other supplies as required by this Chapter, to the absentee ballot clerk for use in the primary or election. (b) The absentee ballot clerk, upon receipt of a timely application, shall enter thereon the date received and shall determine if the applicant is eligible to vote in the primary or election involved. If found eligible, the absentee ballot clerk shall grant the application and mail or deliver the ballot as hereinafter provided. If found ineligible, the absentee ballot clerk shall deny the application and promptly notify the applicant in writing of the ground of his ineligibility. (c) Each absentee ballot clerk shall maintain for public inspection a master list, arranged by election districts, setting forth the name and residence of every elector to whom an official absentee ballot has been sent. Section 34A-1307. Voting by absentee electors .(a) At any time after receiving an official absentee ballot, but before the day of the primary or election, the elector, for the purpose of voting, may appear: (i) while within the confines of a post office, before a postmaster of the United States or a postal employee designated by a postmaster; (ii) before any commissioned officer of the active armed services of the United States if the elector is a member of such service or if the elector is the spouse or dependent of a member of such service; (iii) before any consul of the United States or his assistant; (iv) before a registrar or deputy registrar of the county or municipality of the elector's residence; or (v) before the registrar of any college or university or any employee thereof who has been designated by the registrar. The elector shall first display the ballot to such person as evidence that the same is unmarked, and then shall proceed to mark the ballot with pen or pencil, in the presence of such person, but in such manner that

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the person administering the oath is unable to see how the same is marked, and then fold the ballot, enclose and securely seal the same in the envelope on which is printed `Official Absentee Ballot'. This envelope shall then be placed in the second one, on which is printed the form of affidavit of the elector, the form of jurat of the person before whom the elector appears, and the address of the elector's absentee ballot clerk. The elector shall then fill out, subscribe and swear to the affidavit printed on such envelope, and the jurat shall be subscribed and dated by the person before whom the affidavit was taken. Such envelope shall then be securely sealed and the elector shall then mail or personally deliver same to the absentee ballot clrk. (b) A physically disabled elector may receive assistance in the preparing and mailing of his ballot from the person administering the oath when the disability makes such assistance necessary. An illiterate elector may also receive such assistance. (c) Anything in this Code to the contrary notwithstanding, a physically disabled elector may appear before any notary public of the State of Georgia for the purpose of voting an absentee ballot which he has received on the grounds of physical disability. Section 34A-1308. Keeping and depositing ballots .(a) The absentee ballot clerk shall keep safely and unopened all official absentee ballots received from absentee electors prior to the closing of the polls on the day of the primary or election. Upon receipt of each ballot, the absentee ballot clerk shall write the day and hour of the receipt of the ballot on its envelope. All absentee ballots returned to the clerk after the closing of the polls on the day of primary or election shall be safely kept unopened by the clerk for the period of time required for the preservation of ballots used at the primary or election, and shall then without being opened, be destroyed in like manner as the used ballots of the primary or election. (b) After the close of the poll[unk]s on the day of the primary or election the absentee ballot clerk shall deliver the

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official absentee ballot of each elector to the managers in charge at the polling place designated by the superintendent. Section 34A-1309. Examination of affidavit and jurat by poll managers; rejected ballots; challenged ballots .(a) The poll managers shall examine the affidavit and jurat of each envelope. If the managers are satisfied that the affidavit and jurat are sufficient and that the absentee elector is otherwise qualified to vote, the managers shall record on their numbered list of votes the name of the elector having so voted. A manager shall then open the envelope in such manner as not to destroy the affidavit and jurat printed thereon and shall deposit the inner envelope, marked `Official Absentee Ballot', in a ballot box reserved for absentee ballots. (b) If the managers shall find that the affidavit or jurat is insufficient or that the absentee elector is otherwise disqualified to vote, the envelope shall not be opened and a poll officer shall write across the face of the envelope, `Rejected', giving the reason therefor, and the absentee ballot clerk promptly notify the elector of such rejection. (c) If an absentee elector's right to vote has been challenged for cause, a poll officer shall open the envelopes and write `Challenged', the elector's name and the alleged cause of challenge on the back of the ballot, without disclosing the markings on the face thereof, and shall deposit the ballot in the ballot box. The absentee ballot clerk shall promptly notify the elector of such challenge. Section 34A-1310. Ballots of deceased electors .Whenever it shall be made to appear by due proof to the managers that an absentee elector who has marked and forwarded or delivered his ballot as provided in this Chapter has died prior to the opening of the polls on the day of the primary or election, then the ballot of such deceased elector shall be returned by the managers in the same manner as provided for rejected ballots. Section 34A-1311. Cancellation of ballots of electors present during primaries and elections .Whenever an elector

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(other than one whose physical disability prevents his attendance at the polls) is present in the municipality during the time the polls are open in any primary or election for which he has returned an absentee ballot for voting, such elector shall immediately appear in person before the absentee ballot clerk and shall request in writing that the envelope containing his absentee ballot be marked `Cancelled'. The absentee ballot clerk, after having satisfied himself as to the identity of such elector, shall thereupon grant the request and shall notify the managers of his election district as to such action so as to permit him to vote in person in his district. Cancelled absentee ballots shall remain sealed in their envelopes and shall be disposed of in the same manner as Section 34B-1308 (a) provides for absentee ballot returned too late to be cast. Section 34A-1312. Postage; air mail .The postage required for mailing ballots to absentee electors, as provided in this Chapter, shall be paid by the municipality, except in cases where free mail delivery is furnished by the Federal Government. The absentee ballot clerk shall employ air mail in cases where it will facilitate voting by absentee electors. Section 34A-1313. Custody of records; disposition of unused ballots and envelopes .All official absentee ballots, applications for such ballots, and envelopes on which the forms of affidavits and jurats appear, shall be delivered to the city clerk upon the conclusion of the primary or election and safety kept by him for the period required by law and then shall be destroyed. On the day following the primary or election, the absentee ballot clerk shall destroy all unused absentee ballots and shall return to the superintendent all unused envelopes for transmitting such ballots. Chapter 34A-14. Returns of Primaries and Elections . Section 34A-1401. Office of superintendent to remain open during primaries and elections and until receipt of ballots from precinct .Each superintendent shall cause his office to remain open during the entire duration of each primary and election, and after the close of the polls, until

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all the ballot boxes and returns have been received in the office of the superintendent, or received in such other place as has been designated by him. Section 34A-1402. Returns to be open to public inspection; exceptions .The returns from the various districts which have been returned unsealed shall be open to public inspection at the office of the superintendent as soon as they are received from the chief managers. None of the envelopes sealed by poll officers and entrusted to the chief manager for delivery to the superintendent shall be opened by any person, except by the order of the superintendent, or of a court of competent jurisdiction. Section 34A-1403. Place of meeting for computation of votes; notice; papers to be prepared; assistants to be sworn .The superintendent shall arrange for the computation and canvassing of the returns of votes cast at each primary and election at his office or at some other convenient public place in the municipality. An interested candidate or his representative shall be permitted to keep or check his own computation of the votes cast in the several election districts as the returns from the same are read. The superintendent shall give at least one week's notice prior to the primary or election by publishing same in a conspicuous place in the city hall, of the time and place when and where he will commence and hold his sessions for the computation and canvassing of the returns, and keep copies of such notice posted in his office during such period. The assistants of the superintendent in the computation and canvassing of the votes shall be first sworn by the superintendent to perform their duties impartially and not read, write, count or certify any return or vote falsely or fraudulently. Section 34A-1404. Computation of returns by superintendent; certification .(a) The superintendent shall, at or before noon on the day following the primary or election, publicly commence the computation and canvassing of the returns, and continue the same from day to day until completed, in the manner hereinafter provided. Upon the completion of such computation and canvassing, the superintendent shall tabulate the figures for the entire municipality and sign, announce and attest the same.

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(b) The superintendent, before computing the votes cast in any election district, shall compare the registration figure with the certificates returned by the poll officers showing the number of persons who voted in each district or the number of ballots cast. It shall be the responsibility of the superintendent to record the number of votes cast, unused ballots, spoiled ballots, cancelled ballots and ballot stubs. If in dispute or error, it shall also be his responsibility to investigate and to make a determination as to the validity of the votes cast. Such investigation shall be made in the presence of representative of each party, body and candidates interested. The superintendent shall make a report of the facts of the case to the solicitor general where such action appears to be warranted. (c) If discrepancies are discovered in any district which cannot be corrected by investigation of the return sheets, tally sheets, voting machine proof sheets, computer tabulation sheets or other papers of the election district, the superintendent may order a recount of the votes cast for that district. Such recount shall be in the presence of interested candidates or their representatives, and if the recount shall not be sufficient to correct the error, the superintendent may summon the poll officers to appear forthwith with all election papers in their possession. In districts using voting machines, such recount or recanvass shall comply with the procedures set forth in Section 34-1504 of the Georgia Election Code. (d) When the returns from the various election districts which are entitled to be counted shall have been duly recorded they shall be added together, to which shall be added the votes of absentee electors and write-in votes. The results shall then be announced and attested by the assistants who made and computed the entries respectively, and signed by the superintendent. Immediately after the completion of the computation of votes, the superintendent shall certify the returns so computed in the manner required by the Code. Section 34A-1405. Manner of computing write-in votes .The superintendent, in computing the votes cast at any

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election, shall compute and certify write-in votes exactly as such names were written on the ballot, or deposited or affixed in or on receptacles for that purpose, and as they have been so returned by the poll officers. Section 34A-1406. Copy of certified returns to be filed; primary returns .(a) After the certification of the returns of any primary or election, as provided by Section 34A-1404, the superintendent shall retain in his office one copy of the returns so certified. (b) In the case of a primary, each party superintendent shall make the return required by the rules of its party. (c) In the case of an election, the superintendent shall make the return of the election to the governing authority of the municipality. Section 34A-1407. Municipal Charter to govern vote required for nomination; runoff primary or election .(a) If the municipal charter or ordinance, as now existing or as amended subsequent to the effective date of this Subsection, provides that a candidate may be nominated or elected by a plurality of the votes cast to fill such nomination or public office, such provision shall prevail. Otherwise, no candidate shall be nominated for public office in any primary or elected to public office in any election unless such candidate shall have received a majority of the votes cast to fill such nomination or public office. (b) In instances where no candidate receives a majority of the votes cast and the municipal charter or ordinance does not provide for nomination or election by a plurality vote, a runoff primary or election shall be held, between the two candidates receiving the highest number of votes. Such runoff shall be held on the fourteenth day after the day of holding the first primary or election, unless such runoff date is postponed by court order. Only the electors entitled to vote in the first primary or election shall be entitled to vote in any runoff primary or election resulting therefrom; provided, however, that no elector shall vote in a runoff primary in violation of Section 34A-518. The candidate receiving

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a majority of the votes cast in such runoff primary or election to fill the nomination or public office he seeks shall be declared the winner. The runoff primary or election shall be a continuation of the first primary or election and only those votes cast for the two candidates receiving the highest number of votes in the first primary or election shall be counted. Section 34A-1408. Automatic recounts .Whenever the difference between the number of votes received by a candidate who has been declared nominated for an office in a primary election or who has been declared elected to an office in a general election and the number of votes received by any other candidate or candidates not declared so nominated or elected shall be not more than two per cent of the total votes which were cast for such office therein, the losing candidate, within a period of five (5) days following certification of the election results to the governing authority, shall have the right to a recount of the votes cast if such request be made in writing. The superintendent shall order a recount of such votes to be made forthwith. Section 34A-1409. Special election on failure to nominate or elect or on death or withdrawal of officer elect .Whenever any primary or election shall fail to fill a particular nomination or office and such failure cannot be cured by a runoff primary or election, or whenever any person elected to public office shall die or withdraw prior to taking office, then the authority, with whom the candidates for such nomination or office filed their notice of candidacy, shall thereupon call a special primary or election to fill such position. Section 34A-1410. Delivery of ballots and other documents to the city clerk .Immediately upon completing the returns required by this Chapter, the superintendent shall deliver in sealed containers to the city clerk the used, unused and void ballots and the stubs of all ballots used, and one copy of each elector's list, numbered list of voters, tally papers, voting machine paper proof sheet, and return, involved in the primary or election. Such ballots and other documents shall be preserved under seal in the office of the

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city clerk for at least two weeks, and then they may be destroyed unless otherwise provided by order of the Mayor and Council if a contest has been filed, or by court order, except that the elector's list shall be returned to the county or municipal registrar as appropriate. Chapter 34A-15. Contested Primaries and Elections. Section 34A-1501. Contest procedure .A contest case governed by the provisions of this Chapter shall be tried and determined in the county in which the city hall is located. A petition to contest the results of a primary or election shall be filed in writing with the city clerk within five (5) days after the results of the election are certified to the governing authority. Upon the filing of the contest petition, a hearing shall be set before the Mayor and Council. The final determination of the Mayor and Council may be appealed to the Superior Court in the manner of appeal from a Court of the Ordinary, except that appeals shall be made within ten (10) days after determination of the contest by the Mayor and Council. Any Mayor or member of the city council concerned in the contest shall disqualify himself from judging the contest. Chapter 34A-16. Penalties. Section 34A-1601 . Any person violating any of the provisions of this Title shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor. Section 2. The Code of Georgia of 1933, as amended, is further amended by deleting in their entirety Code section 69-9901, relating to penalties for illegal voting in municipal elections, and Code section 69-9902, relating to prohibition of city employees and officials from acting as managers of any election for mayor or alderman. Code repealed. Section 3. The provisions of this Act shall become effective on September 1, 1968. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 4, 1968.

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FORWARD GEORGIA COMMISSION. No. 143 (House Resolution No. 530-1156). A Resolution. Creating the Forward Georgia Commission; and for other purposes. Whereas, in the year 1733 this great State of Georgia was founded; and Whereas, the year 1983 will mark the 250th Anniversary of the founding of the State of Georgia; and Whereas, it would be proper and appropriate that the citizens of this great State, together with its towns, cities, municipalities, and counties, as well as all civic, business, social and fraternal organizations and groups should look forward to, and plan for the commemoration of, the 250th Anniversary celebration of its founding; and Whereas, during such year of 1983, all citizens of this great State and its political subdivisions, together with all civic, business, social and fraternal organizations and groups should endeavor to celebrate a full-scale exposition so as to commemorate the landing by General Oglethorpe, the founding of this State and to depict this State's 250 years of development and progress in all fields of endeavor including, but not limited to, our economic, business, financial historical, industrial and cultural improvements; and Whereas, the year 1983 being fifteen years hence, it would be to the advantage and benefit of each of the citizens within the confines of the boundaries of our great State and each of its political subdivisions during such fifteen year interval to further enhance and improve the tangible and intangible assets of all of the qualities and attributes heretofore mentioned by embarking upon four five year phases of progress and development in the fields of endeavor heretofore stated; and

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Whereas, the City of Savannah, Georgia's initial birthplace, has already initiated its first five year phase of a twenty year Savannah on the Move program pointing toward the commemoration of our State's 250th Anniversary and for the accomplishment of the goals hereinabove set forth; and Whereas, other Georgia cities and towns are now considering similar twenty year programs of their own to parallel the said commemorative anniversary and, furthermore, we should encourage each and every citizen, town, city, municipality and county to likewise similarly commemorate the 250th Anniversary of this State's founding. Now, therefore, be it resolved by the General Assembly of Georgia that there is hereby created, as an agency of State Government, the Forward Georgia Commission to be composed of fifteen members as follows: The Chairman of the Board of Commissioners of the Department of Industry and Trade, who shall serve as Chairman of the Commission, the Secretary of State, who shall serve as Vice-Chairman, the President of the Georgia State Chamber of Commerce, the Presidents of the Chambers of Commerce of the Cities of Albany, Athens, Atlanta, Augusta, Columbus, Macon, Rome, Savannah, and Valdosta, and three members to be appointed by the Governor. The Commission shall meet within thirty days after the members are appointed for the purpose of organizing and adopting procedures. The Commission shall make a study of all the possibilities for the Forward Georgia Programs as provided for hereinbefore and formulate a comprehensive plan relative to the commemoration of the 250th Anniversary of the founding of Georgia in the year 1983, including plans for an Exposition to be held in such year. The Commission shall seek to provide methods and procedures where programs similar to the Savannah on the Move Program may be initiated in other municipalities and political subdivisions of the State. The Commission shall present a complete plan to the Governor and to the members of the General Assembly. The members shall receive no compensation, per

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diem, expenses or allowances for their services on the Commission. The Commission is authorized to accept and receive gifts, grants, donations and appropriations, and is further authorized to exercise any powers deemed necessary to carry out its purposes, including, but not limited to, the power to acquire and dispose of any property. Approved April 4, 1968. POSSESSION OF FIREARM DURING COMMISSION OF CRIME, ETC. No. 1002 (House Bill No. 865). An Act to provide that it shall be unlawful for any person to possess a firearm during the commission or attempt to commit any felony; to provide a penalty therefor; to provide that said penalty may not be reduced to misdemeanor punishment; 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. Any person who shall have in his possession a firearm during the commission of, or the attempt to commit, any crime which is punishable by confinement and labor in the penitentiary shall be guilty of a felony and, upon conviction thereof, shall be punished by confinement and labor in the penitentiary for a period of not less than one nor more than five years. Section 2. The punishment prescribed for the violation of section 1 of this Act shall not be reducible to misdemeanor punishment as is provided by Code section 27-1501. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 8, 1968.

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FALSE REPORT OF CRIMES. No. 1003 (House Bill No. 1300). An Act to make it unlawful for any person or persons to wilfully make a false report of a crime; to provide a penalty; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. It shall be unlawful for any person or persons to wilfully and knowingly give or cause a false report of a crime to be given to any law enforcement officer or agency of this state, or to advise, counsel, or aid and abet anyone in giving a false report of a crime to any law enforcement officer or agency of the State of Georgia. Section 2. Any person, firm or corporation violating the provisions of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 8, 1968. GEORGIA FIREARMS AND WEAPONS ACT. No. 1004 (House Bill No. 1438). An Act to prohibit the possession of certain types of firearms, dangerous weapons and silencers; to provide for a short title; to define terms; to provide exclusions and exceptions; to make violations of this Act a felony and to prescribe the punishment therefor; to provide that exemptions, excuses and exceptions shall be a matter of defense and need not be negatived in proceedings under this Act; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1. Short Title. This Act shall be known and may be cited as the Georgia Firearms and Weapons Act. Section 2. No person shall have in his possession any sawed-off shotgun, sawed-off rifle, machine gun, dangerous weapon, or silencer, except as provided in section 5. Possession. Section 3. A person commits an unlawful possession of firearms or weapons when he knowingly has in his possession any sawed-off shotgun, sawed-off rifle, machine gun, dangerous weapon or silencer, as defined in this Act, and upon conviction for such he shall be punished by imprisonment for not less than one nor more than five years. Punishment. Section 4. (a) The term sawed-off shotgun, as used in this Act, shall mean any weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned, made or remade, to use the energy of the explosives in a fixed shotgun shell to fire through a smooth bore either a number of ball shot or a single projectile for each single pull of the trigger, and which has an over-all length of 15 inches or less. Definitions. (b) The term sawed-off-rifle, as used in this Act, shall mean a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned, made or remade, to use the energy of the explosive in a fixed metallic cartridge to fire only a single projectile through a rifle bore for each single pull of the trigger, and which has a barrel (or barrels) of less than 16 inches in length (or has an over-all length of less than 26 inches). (c) The term machine gun, as used in this Act, means any weapon which shoots, or is designed to shoot, automatically, more than six shots, without manual reloading, by a single function of the trigger. (d) The term dangerous weapon as used in this Act shall mean any weapon commonly known as a rocket

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launcher, bazooka or recoilless rifle, which fires explosive or non-explosive rockets designed to injure or kill personnel or destroy heavy armor or similar weapon used for such purpose. The term shall also mean a weapon commonly known as a mortar which fires high explosive from a metallic cylinder, and which is commonly used by the armed forces as an anti-personnel weapon or similar weapon used for such purpose. The term shall also mean a weapon commonly known as a hand grenade or other similar weapon which is designed to explode and injure personnel or similar weapon used for such purpose. (e) The term person, when used in this Act, shall include any individual, partnership, company, association or corporation. (f) The term silencer, when used in this Act, shall mean any device for silencing or diminishing the report of any portable weapon, such as a rifle, carbine, pistol, revolver, machine gun, shotgun, fowling piece, or other device from which a shot, bullet or projectile may be discharged by an explosive. Section 5. Exceptions . The provisions of this Act shall not apply to: (a) A peace officer of any duly authorized police agency of this State or of any political subdivision thereof, or a law enforcement officer of any department or agency of the United States, who is regularly employed and paid by the United States, this State or any such political subdivision, or an employee of the Board of Corrections of this State who is authorized in writing by the Director thereof to transfer or possess such firearms while in the official performance of his duties. (b) A member of the National Guard or of the Armed Forces of the United States to-wit: the Army, Navy, Marine Corps, Air Force or Coast Guard, who, while serving therein, possesses such firearm in the line of duty. (c) Any sawed-off shotgun, sawed-off rifle, machine gun, dangerous weapon or silencer which has been modified or

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changed to the extent that it is inoperative. Examples of the requisite modification include: weapons with their barrel or barrells filled with lead or hand grenades filled with sand or other nonexplosive materials. (d) Each sawed-off shotgun, sawed-off rifle, machine gun, dangerous weapon or silencer which is possessed by a person who is authorized to possess the same because he has registered the sawed-off shotgun, sawed-off rifle, machine gun, dangerous weapon or silencer in accordance with the dictates of the National Firearms Act, approved August 16, 1964, 68A Stat. 725 (26 U. S. C. 5841-5862). Section 6. Burden of proof of Exceptions, etc . In any complaint, information, accusation or indictment, and in any action or proceeding brought for the enforcement of any provision of this Act, it shall not be necessary to negative any exception, excuse, proviso or exemption contained in this Act, and the burden of proof of any such exception, excuse, proviso or exemption shall be upon the defendant. Section 7. This Act shall be deemed and shall be construed to be cumulative of and supplemental to any existing laws of this State applicable to the subject or subjects governed by this Act. Provided, however, that in the event any provisions of this Act are in conflict with existing laws, then the provisions in this Act shall govern and take precedence. Intent. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 8, 1968. NATIONAL MEMORIAL DAY. No. 1010 (House Bill No. 947). An Act to declare the 30th day of May of each year, commonly known as National Memorial Day, to be a public and legal holiday 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. The 30th day of May of each year, commonly known as National Memorial Day, is hereby declared to be a public and legal holiday in the State of Georgia. Section 2. The provisions of this Act shall in no way conflict with or change the observance of April 26th as Confederate Memorial Day in the State of Georgia. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 8, 1968. UNIFORM ACT REGULATING TRAFFIC ON HIGHWAYS AMENDEDSPEED RESTRICTIONS ON LIMITED ACCESS HIGHWAYS No. 1011 (Senate Bill No. 209). An Act to amend an Act entitled Uniform Act Regulating Traffic on Highways, approved January 11, 1954 (Ga. L. 1953, Nov.-Dec. Sess., p. 556), as amended, particularly by an Act approved February 18, 1963 (Ga. L. 1963, p. 26), so as to change the speed restrictions for vehicles on certain highways; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled Uniform Act Regulating Traffic on Highways, approved January 11, 1954 (Ga. L. 1953, Nov.-Dec. Sess., p. 556), as amended, particularly by an Act approved February 18, 1963 (Ga. L. 1963, p. 26), is hereby amended by striking from the beginning of subparagraph 3 of subsection (b) of section 48, found in Article V, the following language: On all highways, which comprise a part of the National System of Interstate and Defense Highways and having not less than 4 traffic lanes,

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and inserting in lieu thereof the following language: On all limited access highways, including but not restricted to highways on the National System of Interstate and Defense Highways, having not less than 4 lanes, so that when amended said subparagraph 3 of subsection (b) of section 48 shall read as follows: 3. On all limited access highways, including but not restricted to highways on the National System of Interstate and Defense Highways, having not less than 4 lanes, and on State Highway No. 316, Highway U. S. 411 from its intersection with U. S. Highway 41 to the city limits of Rome, Georgia, the minimum speed shall be 40 miles per hour and the maximum speed shall be 70 miles per hour from one-half hour before sunrise until one-half hour after sunset. At other times the minimum speed shall be 40 miles per hour and the maximum speed shall be 65 miles per hour. No speed limits shall be changed without approval of the Traffic Engineering Section of the State Highway. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 8, 1968. FEES FOR SHERIFFS. Code 24-2823 Amended. No. 1012 (Senate Bill No. 250). An Act to amend Code section 24-2823, relating to the enumeration of fees for sheriffs, as amended, particularly by an Act approved March 3, 1955 (Ga. L. 1955, p. 383), so as to change fees provided for in civil and criminal cases; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 24-2823, relating to the enumeration of fees for sheriffs, as amended, particularly by an

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Act approved March 3, 1955 (Ga. L. 1955, p. 383), is hereby amended by striking the following: Civil Cases Serving copy of a process and returning original per copy $5.00 Suit from another county, to be paid in advance 5.00 Summoning each witness 1.00 Summoning jury and attending trial to assess damage for right of way 5.00 Service in every case before a jury 2.00 Each levy of fieri facias 5.00 Search and return of nulla bona 3.00 Serving summons of garnishment, or rule against garnishee 5.00 If more than one, for each additional copy 2.00 Summoning jury, case of nuisance, each juror 1.00 Each juror in any county court 1.00 Each juror for the superior court or city court 1.00 Commissions on sales of property, on sums of $50 or less, 5 percent. On excess above $50 up to $550, 2 percent For all sums exceeding $550, on excess, 1 percent. No commissions shall be charged unless property is actually sold. Making out and executing titles to land 5.00 If presented by purchaser 2.50 Executing bill of sale to personal property, when demanded by purchaser 3.00 Forthcoming bonds 4.00 Serving process against tenant holding over, or intruder upon land to dispossess them 4.00 For dispossessing tenant or intruder 9.00 Taking and returning counter-affidavit when summary process to dispossess tenant or intruder is resisted 4.00 Settling each execution in his hands, settled with sale 4.00 Settling execution from justice's court 3.00 Keeping horse or mule per day 1.00 Each head of cattle, per day .50 Each head of sheep, hogs, or goats per day .50 Levying an attachment 4.00 Following property out of county with attachment, for every mile going and returning .12 Attending, superior or city courts, per day 10.00 Courts of ordinary, per day 5.00 At elections as required by law, each day 10.00 Collecting tax fi. fa's. $100 or less, each 1.00 Collecting tax fi. fa's. over $100, each 3.00 and inserting in lieu thereof the following: Civil Cases Serving copy of process and returning original, per copy $7.50 Suit from another county, to be paid in advance 7.50 Summoning each witness 2.00 Each levy of fieri facias 7.50 Search and return of nulla bona 5.00 Serving summons of garnishment, or rule against garnishee 5.00 If more than one, for each additional copy 2.00 Commissions on sales of property, on sums of $50 or less, 5 per cent. On excess above $50 up to $550, 2 per cent. For all sums exceeding $550, on excess, 1 percent. No commissions shall be charged unless property is actually sold. Making out and executing titles to land 7.50 If presented by purchaser 5.00 Executing bill of sale to personal property, when demanded by purchaser 5.00 Forthcoming bonds 5.00 Serving process against tenant over, or intruder upon land to dispossess them 5.00 For dispossessing tenant or intruder 10.00 Taking and returning counter-affidavit when summary process to dispossess tenant or intruder is resisted 5.00 Settling each execution in his hands, settled without sale 5.00 Settling execution from justice's court 5.00 Levying an attachment 7.50 Following property out of county with attachment, for every mile going and returning .12 Attending, superior or city courts, per day 15.00 Courts of ordinary, per day 7.50 At elections as required by law, each day 15.00 Collecting tax fi. fa's. $100 or less, each 1.50 Collecting tax fi. fa's over $100, each 3.00 Section 2. Code section 24-2823 is further amended by striking the following: Criminal Cases Removing prisoner when habeas corpus is sought for his relief $5.00 Removing prisoners under habeas corpus when no mileage is paid, per day 5.00 Personal services rendered out of the county on official business authorized by the county authorities, per day and actual expenses 10.00 Attending person taken by warrant to judge's chamber, for each time 2.50 Conducting prisoner before judge or court to and from jail 2.00 Executing and returning a bench warrant 6.00 Apprehending a person suspected, if committed or held to bail 6.00 Each person, not exceeding two, who may be employed to guard a prisoner to and from jail, per day 2.50 Summoning each witness 1.00 Taking bonds in criminal cases 4.00 Executing a criminal 10.00 Executing a warrant of escape 4.00 Service in every criminal case before a judge or a judge and jury 3.00 Mileage fees, fees for executing criminals and for guard, fees for subpoenaing witnesses for the State as hereinbefore provided, shall be paid by the county; and no criminal cost herein provided for shall be collectible out of the defendant until after conviction, except costs accruing upon forfeited recognizances. For turning key on receiving prisoners in county jail 1.00 For discharging prisoners 1.00 and inserting in lieu thereof the following: Criminal Cases Removing prisoner when habeas corpus is sought for his relief $7.50 Removing prisoners under habeas corpus when no mileage is paid, per day 7.50 Attending persons taken by warrant to judge's chamber, for each time 2.00 Conducting prisoner before judge or court to and from jail 2.00 Executing and returning a bench warrant 8.00 Apprehending a person suspected, if committed or held to bail 8.00 Summoning each witness 2.00 Taking bonds in criminal cases 6.00 Executing a warrant of escape 5.00 Services in every criminal case before a judge or a judge and jury 5.00 Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 8, 1968. COMPENSATION OF SOLICITORS GENERAL. No. 1013 (Senate Bill No. 364). An Act to provide a salary from State funds for each Solicitor General of the Superior Courts; to provide for the disposition of all fees, fines, forfeitures, costs and commissions formally allowed Solicitors General of the Superior Courts; to provide for supplemental salaries; to provide that said Solicitors General shall continue to receive a contingent expense allowance; to prohibit said Solicitors General from engaging in the private practice of law; to provide for offices, office expenses, equipment,

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travel expenses, supplies and personnel; to provide for the compensation of Solicitors General Pro Tem of the Superior Courts; to provide when the foregoing provisions shall become effective; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Effective June 30th following the expiration of the term of office of each Solicitor General of the Superior Courts, the present compensation and method of compensation accruing to each Solicitor General shall be abolished and in lieu thereof, each such Solicitor General shall receive an annual salary of eighteen thousand dollars ($18,000.00), payable in equal monthly installments from State funds by the State Treasurer, which shall include the sum provided for Solicitors General by the provisions of Article VI, Section XII, Paragraph 1 of the Constitution of the State of Georgia. Salary. Section 2. The Solicitor General of any judicial circuit, who has been placed upon an annual salary, prior to the approval date of this Act in lieu of the fee system, shall continue to receive the compensation provided for in the Act and amendments thereto, which abolished the fee system of compensation for his particular office and placed him upon an annual salary until the 30th day of June following the expiration of the term of office to which he was elected, at which time he shall receive compensation in accordance with the provisions of this Act. Same. Section 3. At such time as is provided for in section 1, all fees, fines, forfeitures, costs and commissions formerly allowed Solicitors General for their services as a Solicitor General or as a solicitor of any other court shall become the property of that county in which the services of the Solicitor General were rendered. The appropriate official charged with the responsibility of collecting such fees, fines, forfeitures, costs, commissions and emoluments shall continue to collect the same, and they shall be remitted by such official to the fiscal authority of the county entitled

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to such emoluments by the fifteenth day of the month following their collection. However, any such fees, fines, forfeitures, costs, commissions and emoluments collected after the time provided for in section 1 for services rendered prior to such time shall be the property of the Solicitor General and shall be paid to him. Section 4. Nothing contained within this Act shall be construed so as to prohibit any county or combination of counties from supplementing the salary provided for in section 1 of this Act for the Solicitor General in such amount as shall be hereafter fixed by the provisions for any local law pertaining thereto. Supplements. Section 5. The Solicitors General shall continue to receive the contingent expense allowance for them under the provisions of an Act approved March 10, 1966 (Ga. L. 1966, p. 438) and amendments thereto; but at such time as is provided in section 1, each Solicitor General shall not be entitled to and shall not receive any other compensation from the State of Georgia for his services as the Solicitor General of the Superior Court or any other Court, except in accordance with section 1 of this Act, regardless of in what capacity they may have been rendered and notwithstanding the provisions of any laws to the contrary. Contingent expense allowance. Section 6. No Solicitor General receiving an annual salary under the provisions of section 1 shall engage in the private practice of law except to the extent necessary to complete pending matters acquired by him prior to receiving said annual salary. Private law practice. Section 7. In the absence of provisions contained within local acts presently governing the subject or in local acts which may be enacted subsequent to this Act, the governing authority may provide all necessary offices, utilities, telephone expense, materials and supplies as may be necessary to equip, maintain and furnish the office of the Solicitors General of that county's Superior Court, and said governing authority may pay all necessary expenses connected with the operation of the Solicitor General's office within such county. The county or counties within a Judicial Circuit

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may provide such secretarial help as may be needed by the Solicitor General and the actual travel expenses incurred by him in the performance of his official duties, and may provide additional personnel to assist him as may be necessary to ensure the orderly and efficient operation of the Solicitor General's office as may be provided for by the provisions of local acts pertaining thereto. Office expenses, etc. Section 8. Any person discharging the duties of a Solicitor General pursuant to the provisions of Code Section 24-2913 shall receive the same compensation as is provided for in section 1. Solicitors general pro tem. Section 9. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 8, 1968. SUSPENSION OF CERTAIN SALES TAXES RATIFIED. No. 186 (House Resolution No. 599-1247). A Resolution. To ratify, approve and confirm the Executive Order of the Governor dated March 29, 1967, suspending the collection of taxes imposed by the Georgia Retailers' and Consumers' Sales and Use Tax Act on the sales of food to private non-profit, accredited elementary schools purchased by such schools to be consumed on the premises by pupils and employees 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, 1967, which reads as follows: Executive Department The State of Georgia Executive Order

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By the Governor: Whereas: Georgia Code section 40-205 provides that the Governor of the State of Georrgia may suspend the collection of taxes, or any part thereof, due the State until the next meeting of the General Assembly; it is, therefore, Ordered: That the collection of Georgia sales and use taxes on the sales of food to private non-profit, accredited elementary schools purchased by such schools to be consumed on the premises by pupils and employees and used exclusively by such schools, provided such schools are operating under a nonprofit corporate charter approved by the Internal Revenue Service, and provided a letter of authorization is secured from the State Revenue Commissioner, be suspended until the next meeting of the General Assembly. This 29th day of March, 1967. /s/ Lester Maddox Governor Attest: /s/ Thomas T. Irvin Executive Secretary (Seal of Executive Department impressed) be and the same is hereby ratified, approved and confirmed. Section 2. All laws and parts of laws in conflict with this resolution are hereby repealed. Approved April 8, 1968.

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YEAR'S SUPPORTRETURNS BY APPRAISERS. Code 113-1005 Amended. No. 1014 (House Bill No. 25). An Act to amend Code section 113-1005, relating to the appointment of appraisers, so as to provide that notice of the filing of the appraisers' return must be given to the tax commissioner or tax collector of any county in which property set apart is located if such property is in a county other than the county where the application for a year's support has been filed; 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 113-1005, relating to the appointment of appraisers, is hereby amended by adding at the end of the first sentence a new sentence to read as follows: A copy of the return filed with the ordinary shall be mailed by the said ordinary within five days to the tax commissioner or tax collector of any county in which property set apart is located if such property is in a county other than the county where the application for a year's support has been filed., so that when so amended Code section 113-1005 shall read as follows: 113-1005. Same return by appraisers . The appraisers shall make a schedule of the property, or statement of the amount of money set apart by them, and return the same under their hands and seals to the ordinary within 30 days from the date of their appointment. A copy of the return filed with the ordinary shall be mailed by the said ordinary within five days to the tax commissioner or tax collector of any county in which property set apart is located if such property is in a county other than the county where the application for a year's support has been filed. Where

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any lands shall be included in the property set apart and assigned as a year's support, the appraisers so appointed in their return shall fully and accurately describe said land, and make a plat thereof, and they shall have power to procure the aid of the county surveyor of the county, or other competent surveyor, in making the survey and measurement of the lands so set apart showing the lengths of the boundary lines (except crooked natural boundaries), and the directions in which they run, and setting out all original lines and natural boundaries, so as to definitely and accurately describe the lands so set apart, which plat shall be made and recorded as a part of the appraiser's return. Upon filing said return, the ordinary shall issue citation and publish notice as required in the appointment of permanent administrators, citing all persons concerned to show cause why said application for 12 months' support should not be granted; and if no objection is made after the publication of said notice for four weeks, or, if made, is disallowed, the ordinary shall record the return so made in a book to be kept for this purpose; if an appeal is taken, pending the appeal the family shall be furnished with necessaries by the representative of the estate. Section 2. This Act shall become effective on January 1, 1968. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 8, 1968. TIE IN SALES OF BOOKS, MAGAZINES, ETC. No. 1015 (House Bill No. 50). An Act to provide that it shall be unlawful for any distributor of any book, magazine, periodical or newspaper to refuse to sell to any dealer for his subsequent sale at retail, any book, magazine, periodical or newspaper if the distributor predicates his refusal to sell the publications

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desired solely upon the dealer's refusal to purchase from the distributor other books, magazines, periodicals or newspapers not originally requested by the dealer; to provide for penalties; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. It shall be unlawful for any distributor of any book, magazine, periodical or newspaper to refuse to sell to any dealer for his subsequent sale at retail, any book, magazine, periodical or newspaper if the distributor predicates his refusal to sell the publications desired solely upon the dealer's refusal to purchase from the distributor other books, magazines, periodicals, or newspapers not originally requested by the dealer. Section 2. Any person, firm or corporation violating the provisions of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 8, 1968. COMPILER'S NOTE: The following Act does not become effective until January 1, 1969. See 16 . THE GEORGIA CRIMINAL JUSTICE ACT. No. 1016 (House Bill No. 130). An Act to provide for representation by counsel, services and facilities for indigent persons in criminal proceedings; to provide for a short title; to provide definitions; to provide for defender plans for providing representation; to provide for compensation of assigned counsel; to

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provide for compensation of legal aid agencies; to provide for public defenders; to provide for notice and provision of representation; to provide for competence of counsel; to provide for a substitute attorney; to provide for determination of indigency; to provide for financing by the county governing authorities; to provide for recovery or reimbursement from certain defendants; to provide for records and reports; to provide for representation in State and Federal Courts; to provide for construction of this Act; 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 and may be cited as The Georgia Criminal Justice Act. Section 2. Definitions .a In purposes of this Act the following words and terms shall have the meaning indicated unless the context clearly indicates a contrary meaning. (1) County governing authorityThe Ordinary, Commissioners of Roads and Revenues, Board of Commissioners of Roads and Revenues, or other authority in a county which by law has the duty to levy taxes, and provide funds for the operation of the courts in such county. (2) Court concerned.A court having, or anticipated as having, with respect to crime, jurisdiction over a proceeding in which an indigent person is a part or over the detention of an indigent person. When a superior court has prescribed an arrangement under Section 4(a) (1), it shall also be a court concerned. (3) Defending Attorney.An assigned attorney, an attorney attached to the staff of a non-profit legal aid agency, a public defender, or an attorney attached to the staff of a public defender. (4) Indigent Person.A person who is unable, without undue hardship, to employ the legal services of an attorney or defray the necessary expenses of legal representation, determined as hereinafter provided.

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(5) Superior Court.When there are more than two judges of the superior court in a county or circuit any action required hereunder in the form of a rule of the court must be taken by at least a majority of the judges of that court. Where there are only two judges such action must be concurred in by both judges. Section 3. Defender Plans for Providing Representation . (a) The superior court of each county shall, by rule of court, provide for the represenatation of indigent persons in criminal proceedings in the county. It shall provide this representation by: (1) An arrangement whereby a judge of the superior court will assign attorneys on an equitable basis through a systematic, coordinated defender plan. The court may delegate to its clerk or deputy clerk the administration thereof, or may appoint an administrator for such purpose; or (2) An arrangement whereby a judge of the court concerned will assign attorneys on an equitable basis through a systematic, coordinated defender plan under delegation to and supervision of the clerk, or deputy clerk, of the superior court, or the clerk, or deputy clerk, of the court concerned, or of an administrator appointed by the superior court for such purpose; or (3) An arrangement whereby a non-profit legal aid agency or agencies will be assigned to provide the representation; or (4) An arrangement whereby a combination of the above arrangements will provide the representation. (b) Until the superior court in a county has by rule prescribed an appropriate arrangement, any court concerned may assign attorneys to provide the representation. In this event any court concerned may, by its own rule, prescribe an arrangement whereby attorneys will be assigned on an equitable basis through a systematic, coordinated plan under delegation to and supervision of the clerk, or deputy clerk, of that court.

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(c) Any arrangement under subsection (a) may be made applicable to one, or more, or all counties within the same superior court circuit when promulgated by a rule of the superior court of the circuit. (d) If the superior court in a county for any reason does not provide for an arrangement prescribed in subsection (a) the county governing authority may perform the functions ascribed to the superior court herein. Section 4. Compensation of Assigned Counsel . (a) When a superior court prescribes an arrangement under section 3 which involves the assignment of attorneys, it shall prescribe the compensation of the defending attorneys whom it assigns as hereinafter provided and approve the expenses necessarily incurred by them in the defense of indigents under this Act. The governing authority of the county shall recommend such attorney fee limits for the several courts in the county as may be prescribed by the courts for the defense of the indigent and such investigation expense as may be necessary and approved by the court. Notwithstanding the foregoing provision, however, in extraordinary circumstances the trial court may approve the payment of such additional compensation in excess of the limits stated herein as the trial court may determine and find to be necessary to provide for compensation for protracted representation. (b) The county governing authority shall pay the attorney the amounts so determined from public funds available for the operation of the courts in such county. Section 5. Compensation of Legal Aid Agency . (a) When a non-profit legal aid agency is involved in providing legal services to an indigent person under this Act, the court concerned may allow to such legal aid agency an amount equivalent to the compensation and direct expenses otherwise allowable to an assigned attorney. In this event the county governing authority shall pay to the legal aid agency the amounts so determined from public funds available for the operation of the courts in such county.

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(b) The county governing authority may, in lieu of compensation allowable under subsection (a), contract with a non-profit legal aid agency on an annual basis for rendering all or part of the legal services contemplated under this Act. Section 6. Public Defender . (a) In addition to the arrangements authorized under section 3 the superior court of a county, with the concurrence of the county governing authority of that county, may establish and maintain an office of public defender to provide the representation to indigent persons contemplated under this Act. (b) If an office of public defender is established for a county, the superior court of that county shall appoint the person to serve as public defender for a term of two years. The public defender must be licensed to practice law in this state and must be competent to counsel and defend a person charged with crime. During his incumbency the public defender may not engage in the practice of criminal law other than in the discharge of the duties of his office. The superior court, with the concurrence of the county governing authority of the county, shall determine whether the public defender is to be employed on a full-time or a part-time basis and shall determine his compensation. (c) If an office of public defender is established, the public defender may employ, in the manner and at the compensation prescribed by the superior court, concurred in by the county governing authority, as many assistant public defenders, clerks, investigators, stenographers, and other persons as may be necessary for carrying out his responsibilities under this Act. A person employed under this section serves at the pleasure of the public defender, unless his position is under a civil service system in which he may be removed only for cause. (d) If an office of public defender is established, the county governing authority shall provide appropriate facilities (including office space, furniture, equipment, books, postage, supplies, and interviewing facilities in the jail) necessary for carrying out the public defender's responsibilities under this Act; or grant the public defender an allowance in place of such facilities.

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(e) If an office of public defender is established, his compensation, expenses and allowances and the expense necessary to establish, maintain and support his office shall be paid by the county governing authority out of public funds available for the operation of the courts in such county. (f) The superior court of a circuit, with the concurrence of the county governing authority of two or more counties within the same circuit, may establish and maintain a joint office of public defender under the provisions of this section; or the local governing authority of a county may contract with a public defender of another county within the same circuit for the services of his office to serve as if he were the public defender established in the former county, provided the superior court of the circuit and the local governing authority of the latter county concur in the contract. Section 7. Competence to Defend . No person may be assigned the primary responsibility of representing an indigent person unless he is authorized to practice law in this state and is otherwise competent to counsel and defend a person charged with a crime. Competence shall be determined by the court concerned at the first court proceeding after the assignment of counsel. A person authorized to practice legal aid under The Law School Legal Aid Agency Act of 1967 (Ga. L. 1967, p. 153), is competent to represent an indigent person provided that in any trial a person authorized to practice law in this state is also present. Section 8. Substitute Attorney . At any stage, including appeal or other post-conviction proceeding, the court concerned may for good cause assign a substitute attorney. The substitute attorney has the same functions with respect to the indigent person as the attorney for whom he is substituted. If the substitute attorney is not in the office of the public defender nor in a non-profit legal aid agency serving under this Act, the court shall prescribe reasonable compensation for him and approve the expenses necessarily incurred by him in the defense of the indigent person as provided in section 4.

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Section 9. Determination of Indigency . (a) When a superior court prescribes an arrangement for providing representation hereunder, it may also prescribe a standard of indigency to govern the determination of indigency by all courts concerned within the county. It may also prescribe the requirements for a proper showing of material factors relating to ability to pay for legal services and the proper form and authentication thereof. In establishing a standard of indigency the superior court shall consider such factors as income, property owned, expenses, outstanding obligations, and the number and ages of dependents. Release on bail shall not necessarily preclude a person from being indigent nor shall it be necessary that a person be destitute or a pauper to be indigent. (b) If, in a proceeding to determine indigency under this section, any person makes a false statement, under oath, concerning any material factor related to his or another's ability to pay for legal services, it shall constitute the crime of perjury and be punishable as such. (c) To the extent that a person covered hereunder is able to provide for the employment of an attorney, the other necessary services and facilities of representation and court costs, the court concerned may order him to provide for this payment or reimbursement. Section 10. Financing . (a) For each fiscal year the county governing authority in each county will include in its annual budget for the operations of the courts in such county an additional amount to finance the costs and expenses necessary for the implementation of this Act. (b) The county governing authority in each county may accept private contributions for the support of the administration of this Act. Section 11. Recovery from Defendant . (a) The county may recover payment or reimbursement, as the case may be, from each person who has received legal assistance or another benefit under this Act. (1) to which he was not entitled;

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(2) with respect to which he was not an indigent person when he received it; or (3) with respect to which he has failed to make payment or reimbursement ordered under section 9 (c) and for which he refuses to pay or reimburse. Suit must be brought within four years after the date on which the aid was received. (b) The county may recover payment or reimbursement, as the case may be, from each person, other than a person covered by subsection (a), who has received legal assistance under this Act and who, on the date on which suit is brought, is financially able to pay or reimburse the county for it according to the standards of ability to pay applicable hereunder, but refuses to do so. Suit must be brought within four years after the date on which the benefit was received. Section 12. Records and Reports . (a) A defending attorney shall keep appropriate records respecting each indigent person whom he represents under this Act. (b) The public defender, legal air agency, or person administering a court prescribed defender plan, as the case may be, shall submit an annual report to the county governing authority showing the number of persons represented under this Act, the crime involved, the outcome of each case, and the expenditures (totalled by kind) made in carrying out the responsibilities imposed by this Act. A copy of the report shall also be submitted to each court having criminal jurisdiction in the county or counties that the program serves. Section 13. Representation in State and Federal Courts . This Act applies only to representation in the courts of this state, except that it does not prohibit a defending attorney from representing an indigent person in a federal court of the United States, if: (1) the matter arises out of or is related to an action pending or recently pending in a court of criminal jurisdiction of this State; or

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(2) representation is under an approved plan of the United States District Court as required by the Criminal Justice Act of 1964 (18 U. S. C. 3006A). Section 14. Protections Not Exclusive . The protections provided by this Act do not exclude any protection or sanction law otherwise provided for accused persons. Section 15 . It is not intended that the Act approved January 5, 1954 (Ga. L. 1953, Nov.-Dec. Sess., p. 478), relating to the appointment of attorneys to represent indigent defendants be repealed, but it is intended that its provisions shall be construed as permissive and not mandatory with respect to this Act and its reasonable implementation. Intent. Section 16 . The effective date of this Act shall be January 1, 1969. Effective date. Section 17 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 8, 1968. BOND ELECTIONS, ETC. IN CERTAIN COUNTIES (250,000-500,000). Code 87-201 Amended. No. 1017 (House Bill No. 250). An Act to amend Code section 87-201, relating to the manner in which elections shall be held by counties, municipalities or divisions on the issue of bonds, as amended by an Act approved March 17, 1960 (Ga. L. 1960, p. 1032), so as to provide that every bond issue in certain counties shall contain in the legal advertisement of said bond issue a reference that any brochures, listings or other advertisements issued by the governing body in such counties, or any other person, firm, corporation or association

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with the knowledge and consent of the governing body in such counties shall be deemed to be a statement of intention of the governing body in such counties concerning the use of the bond funds; to provide that such statement of intention shall be binding on the governing body in such counties in the expenditure of any such bond funds; to provide for exceptions; to provide that bond issue funds shall be expended in the manner in which advertised and the purpose for which issued; to provide that the governing authority in such counties may, by a two-thirds vote, declare any project which has been established pursuant to any such statement of intention to be unnecessary; to authorize the governing body in such counties, by a two-thirds vote to transfer funds allocated to projects declared to be unnecessary to other projects encompassed within the language of the statement of purpose in the election notice; to provide that interest from invested bond funds and surpluses from overestimated projects shall be used first to complete underestimated projects; to provide that all remaining funds shall be used for other projects or improvements which the governing body in such counties may deem necessary; to require open meetings of governing bodies which allocate bond funds; to provide for penalties; to provide that violations of the provisions of this Act shall not affect the validity of bonds; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 87-201, relating to the manner in which elections shall be held by counties, municipalities or divisions on the issue of bonds, as amended by an Act approved March 17, 1960 (Ga. L. 1960, p. 1032), is hereby amended by adding at the end thereof two new paragraphs to read as follows: Provided, however, in all counties of this State having a population of not less than 250,000 and not more than 500,000 according to the U.S. decennial census of 1960 or any such future census, every legal advertisement of a bond election shall contain a reference that any brochures, listings

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or other advertisements issued by the governing body in such counties, or by any other person, firm, corporation or association with the knowledge and consent of the governing body in such counties shall be deemed to be a statement of intention of the governing body in such counties concerning the use of the bond funds, and such statement of intention shall be binding on the governing body in such counties in the expenditure of any such bond funds, unless the governing body in such counties transfers funds from one project to another, in the manner hereinafter provided, and such statement of intention shall be set forth in the Resolution pursuant to which such bonds are issued. Bond funds shall be expended in the manner in which advertised and for the purpose stated in such statement of intention. The governing body in such counties may, by a two-thirds vote, declare any project which has been established pursuant to any such statement of intention to be unnecessary. The governing body of such counties may, by a two-thirds vote, transfer funds allocated from projects declared to be unnecessary to other projects encompassed within the language of the statement of purpose in the election notice. Interest received from bond funds which have been invested and surpluses from the overestimated projects shall be used first to complete underestimated projects and all remaining funds received from interest and overestimated projects shall be used for other projects or improvements which the governing body in such counties may deem necessary and which are encompassed within the language of the statement of purpose in the election notice. Any meetings of any governing bodies at which any bond fund allocation is made shall be open to the public. Such meetings shall be announced to the news media in advance and shall be open to the news media. Any person who violates the provisions of this Section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor, provided, however, nothing contained in this Section shall be construed

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so that a violation thereof shall affect the validity of any bonds issued hereunder. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 8, 1968. REVENUE BOND LAW AMENDEDMAXIMUM RATE OF INTEREST. No. 1018 (House Bill No. 274). An Act to amend an Act known as the Revenue Bond Law (formerly known as the Revenue Certificate Law of 1937), approved March 31, 1937 (Ga. L. 1937, p. 761), as amended, so as to fix the maximum rate of interest at seven percent (7%) per annum; 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 Bond Law (formerly known as the Revenue Certificate Law of 1937), approved March 31, 1937 (Ga. L. 1937, p. 761), as amended, is hereby amended by striking from the first sentence of section 5 the following: not exceeding six per cent. per annum,, so that when so amended section 5 shall read as follows: Section 5. Revenue bonds may be issued under this Act in one or more series; may bear such date or dates; may mature at such time or times, not exceeding 40 years from their respective dates; may bear interest at such rate or rates not exceeding seven percent (7%) per annum, payable at such time or times; may be payable in such medium of payment at such place or places; may be in such denomination or denominations; may be in such form either coupon or registered; may carry such registration, conversion, and exchangeability privileges; may be subject to such

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terms of redemption with or without premium; may be declared or become due before the maturity date thereof; may be executed in such manner; and may contain such terms, covenants, assignments and conditions as the resolution or resolutions authorizing the issuance of such bonds may provide. All bonds issued under this Act bearing the signature of officers in office on the date of the signing thereof shall be valid and binding notwithstanding that before the delivery thereof and payment therefor, such officers whose signatures appear thereon shall have ceased to be officers of the municipality issuing the same. Pending the preparation of the definitive bonds, interim receipts, in such form and with such provisions as the governing body may determine, may be issued to the purchaser or purchasers of bonds to be issued under this Act. Said bonds and interim receipts shall be negotiable for all purposes, and said bonds shall be and are hereby declared to be nontaxable for any and all purposes. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 8, 1968. GEORGIA PRISON INDUSTRIES ACT AMENDED. No. 1019 (House Bill No. 743). An Act to amend an Act known as the Georgia Prison Industries Act, approved March 17, 1960 (Ga. L. 1960, p. 880) so as to authorize the Administration to compensate certain inmates employed in prison industries; to provide a procedure for the foregoing; 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 Prison Industries Act, approved March 17, 1960 (Ga. L. 1960, p. 880) is hereby amended by striking in their entirety subsections

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(d), (e) and (f) of section 4, and inserting in lieu thereof new subsections (d), (e) and (f) to read as follows: (d) The Administration shall have the same powers and authority possessed by the State Board of Corrections in connection with the manufacture and sale of products; (e) To utilize any and all convicts who may be made available for its corporate purposes by the State Board of Corrections. Although the Administration shall not be required to make any payment to the State Board of Corrections for the use of such labor, the Administration shall be authorized to pay, under rules and regulations promulgated by the Director of Corrections, compensation to inmates employed in any industry, or performing services at any correctional institution, or performing outstanding services in institutional operations; provided, however, such compensation shall only be paid out of funds and earnings arising from the sale of goods or other products manufactured or produced by any prison or other facility operated by or under the jurisdiction or supervision of the Authority; Compensation to inmates. (f) To retain any earnings to be used for capital expansion; for operating capital in performing the duties and powers provided under this Act, in the repair, alteration, erection, and maintenance of industrial buildings and equipment; for vocational training of inmates without regard to their industrial or other assignments; for payment of compensation to inmates employed in any industry, or performing services at any correctional institution, or performing outstanding services in institutional operations; and in the event that the Administration shall accumulate a surplus in excess of the amount necessary for the efficient operation of the programs authorized by this Act, to turn such surplus over to the State Treasury. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 8, 1968.

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AFFIDAVITS FOR ATTACHMENT. Code 8-109 Amended. No. 1020 (House Bill No. 797). An Act to amend Code section 8-109 relating to affidavits for attachment, necessity for and before whom the same may be made, so as to change the parties before whom an affidavit may be made; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 8-109 relating to affidavits for attachment, necessity for and before whom the same may be made, is hereby amended by striking said Code section in its entirety and inserting in lieu thereof a new Code section 8-109 to read as follows: Code Section 8-109 . Before process of attachment shall issue, the party seeking the same, his agent, or his attorney at law, shall make an affidavit before some judge of the superior court, judge of the county court, judge of the city court, magistrate, justice of the peace or clerk of any court of record, that the debtor has placed himself in some one of the positions enumerated in this Title, and also the amount of the debt claimed to be due. When the affidavit is made by the attorney at law or agent of the party, he may swear that the amount claimed to be due is due according to the best of his knowledge and belief. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 8, 1968. JUVENILE COURT ACT AMENDED. No. 1021 (House Bill No. 853). An Act to amend an Act establishing Juvenile Courts, approved February 19, 1951 (Ga. L. 1951, p. 291), as amended, particularly by an Act approved December 12, 1953 (Ga. L. 1953, Nov. Sess., p. 87), an Act approved

Page 1014

March 7, 1955 (Ga. L. 1955, p. 581), an Act approved March 9, 1955 (Ga. L. 1955, p. 610), an Act approved February 13, 1956 (Ga. L. 1956, p. 69), an Act approved March 6, 1956 (Ga. L. 1956, p. 527), an Act approved March 9, 1956 (Ga. L. 1956, p. 603), an Act approved March 7, 1957 (Ga. L. 1957, p. 307), and an Act approved March 13, 1957 (Ga. L. 1957, p. 617), so as to change certain definitions; to provide that the judge or judges of the superior court circuit may appoint more than one juvenile court judge; to provide that in the event more than one juvenile court judge is appointed, one shall be designated presiding judge; to change the number of grand juries which must act to terminate a juvenile court; to provide that the juvenile court shall have original jurisdiction concerning any child under Seventeen (17) years of age living or found within the county; to clarify provisions dealing with jurisdiction; to provide that the juvenile court shall have original jurisdiction concerning any child under Seventeen (17) years of age who has been adopted and whose adoptive parents failed to faithfully perform their obligations to such child; to provide that if, during the pendency of criminal or quasi-criminal charges against any minor in any other court, it shall be ascertained that the minor was under the age of Seventeen (17) years at the time of committing the alleged offense, it shall be the duty of such court forthwith to transfer the case, together with all the papers, documents and testimony connected therewith, to the juvenile court; to provide that the petition shall set forth, with specificity, the federal, State or local law or municipal ordinance alleged to have been violated or attempted to have been violated, or other jurisdiction-giving facts, either in the terms and language of the particular code, or so plainly that the nature of the offense charged may be easily understood by the child and his parents or guardian; to change the provisions relating to summons; to change the provisions relating to warrants and capias; to change the provisions relating to special detention homes or facilities provided by the juvenile court; to change the provisions relating to special lockups or jails; to provide that the judge, if circumstances require, may issue an arrest warrant

Page 1015

for any juvenile offender upon affidavit of the appropriate law enforcement officer; to provide that the law enforcement officer making the apprehension or instituting the proceeding who acted in good faith shall be immune from civil liability; to provide that the juvenile court judge, or his representative, shall have the duty to apprise the juvenile and one of his parents or guardians of his right to counsel; to provide that unless the parent, guardian or juvenile intelligently waives his right to counsel, the juvenile court judge shall appoint legal counsel as early in the proceedings as is practicable; to provide that the juvenile court judge, or his representative, shall advise each juvenile and his parent or guardian of his privilege against self-incrimination; to change certain provisions relating to hearings; to change the provisions relating to findings, decrees and orders; to change certain provisions relating to private institutions and agencies; to provide that the court shall have jurisdiction to suspend parental rights for failing to obey a court order under certain conditions; to provide that a guardian may be appointed for the person and property of a child in specified instances; to change the provisions relating to appeals; to make the juvenile court a Court of Record; to provide that the juvenile court shall make official minutes; to provide what records shall not be open to inspection by the public; to provide what information shall be privileged; to provide that all orders of the court shall be in writing; to provide that the name or picture of any child under the jurisdiction of the court shall not be made public by any newspaper or radio station except as authorized by order of the court; to strike certain provisions relating to wording used in sentencing individuals to the Georgia State Training School for Boys; to provide that the juvenile court judge shall have authority to issue his warrant for the arrest of any juvenile offender against the penal laws of this State; to provide that the juvenile court shall have authority to grant the writ of habeas corpus; to provide procedures connected therewith; to repeal conflicting laws; and for other purposes.

Page 1016

Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing Juvenile Courts, approved February 19, 1951 (Ga. L. 1951, p. 291), as amended, particularly by an Act approved December 12, 1953 (Ga. L. 1953, Nov. Sess., p. 87), an Act approved March 7, 1955 (Ga. L. 1955, p. 581), an Act approved March 9, 1955 (Ga. L. 1955, p. 610), an Act approved February 13, 1956 (Ga. L. 1956, p. 69), an Act approved March 6, 1956 (Ga. L. 1956, p. 527), an Act approved March 9, 1956 (Ga. L. 1956, p. 603), an Act approved March 7, 1957 (Ga. L. 1957, p. 307), and an Act approved March 13, 1957 (Ga. L. 1957, p. 617), is hereby amended by striking section 2 in its entirety and substituting a new section 2, to read as follows: Section 2. Creation; counties having population of Fifty Thousand (50,000) or more; construction of Act, definitions .In counties having a population of Fifty Thousand (50,000) or more, by the last or any future United States census, juvenile courts are created and established with original jurisdiction in all cases coming within the terms and provisions of this Act. This Act shall be construed liberally and as remedial in character; and the powers hereby conferred are intended to be general to effect the beneficial purposes herein set forth. (1) It is the intention of this Act that in all proceedings coming under its provisions the court shall proceed upon the theory that the child to whom this legislation is applicable is a ward of the State and is subject to the discipline and entitled to the protection which the court should give such child under the conditions disclosed in the case. (2) When used in this Act, unless the context otherwise requires: (a) `Court' means juvenile court; (b) `Judge' means judge of the juvenile court; (c) `Child' means a person less than Seventeen (17) years of age; (d) `Adult' means a person Seventeen (17) years of age or older; (e) `Delinquent child' shall mean any person under the age of Seventeen (17) years who: 1. Commits an act, which if committed by an adult, would be a crime, under federal or State law, or a violation of a municipal ordinance or local law;

Page 1017

2. Is incorrigible, ungovernable or habitually disobedient and beyond the control of his parent, guardian, or other custodian; 3. Is in violation of the compulsory school attendance law; 4. Without just cause and without the consent of his parent, guardian, or other custodian, deserts his home or place of abode; 5. Engages in an occupation or whose behavior, condition, environment, or associations are such as to endanger his health, morals, or general welfare or that of others; 6. Associates with immoral or vicious persons; 7. Frequents a place the existence of which is in violation of the law; 8. Is found begging, receiving or gathering alms, whether actually begging or under the pretext of selling or offering anything for sale: Provided, this shall not be construed to prohibit solicitation on behalf of a recognized agency; 9. Unaccompanied by parent, patronizes or visits any bar where intoxicating liquors are sold; or is found in possession of intoxicating liquor; 10. Wanders or loiters about the streets of any city, or in or about any highway or any public place between the hours of Twelve (12:00) o'clock midnight and Five (5:00) o'clock A.M.; (f) The singular includes the plural, the plural the singular, and the masculine the feminine, when consistent with the intent of the Act. Section 2. Said Act is further amended by striking section 3 in its entirety and substituting a new section 3, to read as follows: Section 3. Judge; appointment, term, salary, eligibility .Except as provided in section 3A and 3B, the judge or a

Page 1018

majority of the judges of the superior court circuit presiding over the county wherein a juvenile court is established by this Act shall appoint the judge or judges of the juvenile court for a term of six (6) years and shall fix the compensation except in those counties wherein the salary of the judge is fixed by legislative Act. In the event more than one juvenile court judge is appointed, one shall be designated presiding judge: Provided, that those judges who were serving in established juvenile courts as of December 31, 1967, shall continue to serve as judges of the said courts until the expiration of the terms of office to which they were appointed under the Juvenile Court Act of 1951 or amendments thereto, after the expiration of said terms, and shall be eligible for reappointment. Appointments shall be made by the judge of the superior court: Provided, further that the salary of the juvenile court judge shall be paid out of county funds. (1) The judge of the juvenile court shall be an attorney at law who has practiced for three (3) or more years and who has practical experience and understanding of the problems of family and child welfare, juvenile delinquency and community organization. (2) In the event a juvenile court judge is absent for a period of more than three (3) months, the superior court judges may appoint a temporary judge to serve until such time as the regularly appointed judge is able to assume his responsibilities, during which period the regularly appointed judge may be declared on a leave of absence without pay and the judge temporarily serving may be compensated on the same basis as the regularly appointed judge. Section 2A. Said Act is further amended by striking in paragraph 4 of section 4 the words which read as follows: any grand jury of the county and inserting in lieu thereof the following: two successive grand juries of the county, so that when so amended paragraph 4 of section 4 shall read as follows: Whenever any juvenile court shall have been established by appropriate action of two successive grand juries in any county having a population of less than fifty thousand pursuant to the provisions of the second paragraph of this section, the existence of such juvenile

Page 1019

court shall be terminated if two successive grand juries of the county shall thereafter adopt a resolution providing for such termination and such resolution shall be concurred in by the judge of the superior court of the county. Thereafter, the judge of the superior court of the county shall sit as the juvenile court judge of such county pursuant to the provisions of the third paragraph of this section. Action taken under this paragraph of this section by the grand jury and the superior court judge shall not prevent the re-establishment thereafter of a juvenile court in said county by action taken by two successive grand juries as provided for in the second paragraph of this section. Section 3. Said Act is further amended by striking from section 9 the word seventeen wherever it shall appear and substituting in lieu thereof the word and figure seventeen, so that when so amended section 9 shall read as follows: Section 9. Jurisdiction of children and minors. The juvenile court shall have original jurisdiction concerning any child under Seventeen (17) years of age living or found within the county: (1) Who is alleged to have violated or attempted to violate any federal, State or local law or municipal ordinance, regardless of where the violation occurred. (2) Who is beyond the control of his parents or other custodian, or is a child in need of supervision. (3) Whose occupation, behavior, condition, environment or associations are such as to injure or endanger his health, morals and general welfare or that of others. (4) Who is neglected or living under insufficient or improper guardianship, or who is in need of medical, psychiatric, psychological or other care necessary for his wellbeing (which includes treatment by spiritual means alone through prayer in accordance with the tenets and practice of a recognized church or religious denomination by a duly accredited practitioner thereof), or who is abandoned by

Page 1020

his parent or other custodian. In the consideration of these cases, the juvenile court may establish a division of the juvenile probation system of such county for the physical and mental diagnosis of cases of children who are believed to be physically or mentally diseased or defective, and may appoint as a special child guidance consultant any duly qualified physician or physicians,and other necessary and qualified personnel for the purpose of making a complete examination and rendering corrective treatment to said child or children, and the compensation for said services shall be fixed by the judge with the approval of the county governing authority: Provided, however, that where qualified personnel for the purposes herein stated are available or which can be made available at a reasonably convenient branch clinic of the Department of Health, the Department of Health officials or physicians shall make the examinations and corrective treatments. In connection with the prevention of juvenile delinquency and the establishment and operation of said division, the court may offer consultant services to public and private child care agencies and members of the public either before or after formal inquiry or disposition of a child's case is had before the juvenile court. (5) Whose custody is the subject of controversy except in those cases where the law now gives the Superior courts exclusive jurisdiction. In the consideration of these cases, the juvenile court shall have concurrent jurisdiction to hear and determine the issue of custody and support when said issue is transferred by proper order of the Superior court. (6) Whenever any such juvenile court shall have acquired the jurisdiction of any child under seventeen (17) years of age, such jurisdiction shall continue so long as, in the judgment of the court, it may be necessary to retain jurisdiction for the correction or education of such child, but such jurisdiction shall terminate when such child shall attain the age of twenty-one (21) years. (7) The juvenile court shall also have original jurisdiction concerning any child under seventeen (17) years of age who has been adopted and whose adoptive parents

Page 1021

failed to faithfully perform their obligations to such child. The court may act upon a complaint or petition substantially conforming to the procedure and form prescribed hereinafter. Section 4. Said Act is further amended by striking from section 10 the word seventeen and substituting in lieu thereof the word seventeen, so that when so amended section 10 shall read as follows: Section 10. Transfer from other courts. (1) If, during the pendency of criminal or quasi-criminal charges against any minor in any other court, it shall be ascertained that the minor was under the age of seventeen (17) years at the time of committing the alleged offense, it shall be the duty of such court forthwith to transfer the case, together with all the papers, documents and testimony connected therewith, to the juvenile court. The court making such transfer shall order the minor to be taken forthwith to the place of detention designated by the juvenile court or to that court itself, or release such minor to the custody of some suitable person to be brought before the court at a time designated. The juvenile court shall then proceed as provided in this Act. Providing that nothing in this Act shall eliminate the Juvenile's right to be tried as an adult. (a) Notwithstanding the other provisions of this subsection (1), of section 10 and notwithstanding any other provisions of the laws of this State providing for juvenile courts, it is hereby expressly provided and enacted that all courts in this State having jurisdiction to try cases in which parties are charged with violation of State, local, or municipal traffic laws or ordinances, including the courts of municipalities by whatever name designated, shall have the power and authority to retain jurisdiction of cases initiated in said courts involving alleged violations of such traffic laws or ordinances, provided such court otherwise has jurisdiction of such case, if the alleged offender shall be sixteen (16) years of age or older on the date of the alleged offense, and shall have the power and authority to make final disposition of said cases and to impose such

Page 1022

fines and sentences as may be prescribed by law for the punishment of the offense for which said minor is charged. (b) Provided, however, that said courts, if they elect to do so, may transfer said cases or any of them, together with all papers, documents, and records connected therewith, to the juvenile court of the county having jurisdiction of said minor; and in making such transfer, the transferring court shall order the minor to be taken forthwith to the place of detention designated by the juvenile court or to the juvenile court itself, or shall release said minor to the custody of some suitable person to be brought before the juvenile court at a time designated by the order of the transferring court, and the juvenile court shall then proceed as provided in this Act. Nothing in paragraphs (a) and (b) of subsection (1) shall deny to said juveniles any of the methods of appeal now provided by law or which may hereafter be provided. (2) Courts of record in handling divorce or habeas corpus cases involving the custody of a child or children, may transfer the question of the determination of custody and support to the juvenile court for investigation and report back to the superior court or for investigation and determination. The juvenile court then shall proceed to handle the matter in the same manner as though the action originated under this Act, in compliance with the order of the superior court. Section 5. Said Act is further amended by striking section 12 in its entirety and substituting in lieu thereof a new section 12, to read as follows: Section 12. Complaint; petition. Any person having knowledge or information that a child is within the provisions of section 9 may file with the juvenile court a complaint stating the facts that bring such child within said provision. The court shall direct a preliminary investigation to be made to determine whether the interest of the public or the child require formal action or whether the matter can be adjusted without a court hearing. In all cases

Page 1023

where a hearing is requested by the complainant or necessary form the facts, a verified petition stating the facts shall be filed. The petition may be upon information and belief. The title of the proceeding shall be, In the Juvenile Court ofCounty. In the interest of, a child underyears of age. The petition shall set forth the name and residence of the child and of the parents, if known to the petitioner, and the name and residence of the person having the guardianship, custody, control and supervision of such child, if the same be known or ascertained by the petitioner, or the petition shall state that they are unknown, if that be the fact. In addition, the petition shall set forth, with specificity, the federal, State or local law or municipal ordinance alleged to have been violated or attempted to have been violated, either in the terms and language of the particular code, or so plainly that the nature of the offense charged may easily be understood by the child and his parents or guardian. In all petitions, other than those where a violation or attempted violation of a law or ordinance is alleged, the facts upon which the jurisdiction of the court is predicated shall be specifically set forth so plainly that same may be easily understood by the child and his parents or guardian. It is the intent and purpose of this provision that, in every case, the parties may be on notice as to the nature of the proceeding in order that they may have ample opportunity, prior to the hearing, to prepare a defense or reply, or to show a justification for the facts alleged. Section 6. Said Act is further amended by striking from the first sentence of section 14 the following: reciting briefly the substance of the petition and, so that when so amended section 14 shall read as follows: Section 14. Summons, notice to person having custody of child. After a petition shall have been filed and after such further investigation as the court may direct, unless the parties named shall appear voluntarily, the court shall cause a summons to be issued, signed by the judge or clerk of the court, requiring the person or persons who have the custody or control of the child to appear personally

Page 1024

and bring the child before the court at a time and place stated. If the person so summoned shall be other than a parent or guardian of the child, then the parent or guardian or both shall be notified of the pendency of the case and of the time and place appointed, by personal service before the hearing, except as hereinafter provided. Summons may be issued requiring the appearance of any other person whose presence, in the opinion of the judge is necessary. If it appears that the child is in such condition or surroundings that his welfare requires that his custody be immediately assumed by the court, the judge may so order, by endorsement upon the summons, that the officer serving the same shall at once take the child into custody. Section 7. Said Act is further amended by striking section 15 in its entirety and substituting in lieu thereof a new section 15, to read as follows: Section 15. Service of summons. Service of summons shall be made personally by delivering to and leaving with the minor and parent or guardian a true copy thereof. If it shall be made to appear by affidavit that reasonable but unsuccessful effort has been made to serve the summons personally upon the parties named therein, other than said child, the court at any stage of the proceeding may make an order for substituted service of the summons, and if such parties are without the county, service may be made by registered or certified mail, by publication, or personally without the county in such manner and at such time before the hearing as in said order directed. It shall be sufficient to confer jurisdiction if service is effected at any time before the time fixed in the summons for the return thereof, but the court, if requested shall not proceed with the hearing earlier than the third day after the date of the service. Proof of service shall be made substantially as in courts of record. Failure to serve summons upon any person other than said child shall not impair the jurisdiction of the court to proceed in cases under Section 9: Provided, however, that for good cause shown, the court may make an order dispensing with such service.

Page 1025

Section 8. Said Act is further amended by striking section 16 in its entirety and substituting a new section 16, to read as follows: Section 16. Failure to obey summons; warrants. If any person summoned as herein provided shall, without reasonable cause, fail to appear, he may be proceeded against for contempt of court, without intervention of a jury. In case the summons cannot be served or, the parties served fail to obey the same, or in any case when it shall be made to appear to the judge that the service will be ineffectual, or that the welfare of the child requires that he shall be brought forthwith into the custody of the court, a warrant or capias may be issued for the parent, guardian or the child or other person summoned by the court. Section 9. Said Act is further amended by striking section 17 in its entirety and substituting a new section 17, to read as follows: Section 17. Apprehension and detention of children. Any child found violating any law or ordinance, or whose surroundings are such as to endanger his welfare, may be taken into custody by city, county, or State police officers, or other peace officers, in the same manner as he would arrest an adult under similar circumstances. Such taking into custody shall not be termed an arrest. The jurisdiction of the court shall attach from the time of such taking into custody. Provisions shall be made for a detention home or homes for temporary detention of children, to be conducted by the court or subject to the supervision of the court or other appropriate public agency, or the court may arrange for the use of private homes for such detention, subject to the supervision of the court or other agency, or may arrange with any institution or agency to receive for temporary care or custody, children within the jurisdiction of the court. When a detention home is established as an agency of the court, necessary professional and other employees for such home shall be appointed in the same manner as provided for the appointment of other employees of the court.

Page 1026

In all counties where special detention homes or facilities are provided by the juvenile court or governmental or other authorities, no child shall be detained in any lockup or jail except by order of the judge of said court. It shall be the duties of the officer taking the juvenile offender into custody to place him in such detention home and to file a complaint with the court, setting forth the particulars necessitating such action. In counties where there are no special detention facilities for holding juvenile offenders provided by the juvenile court or other governing authorities and it appears to the officer that it is necessary for the protection of society or the juvenile offender that he be held, the said officer may temporarily place him in any appropriate place of security, separate and apart from adult offenders charged with crime, without court order for a period not to exceed twenty-four (24) hours, during which time he shall file a complaint with the judge of the juvenile court or the judge of the superior court acting as judge of the juvenile court, and obtain an order from the judge making further disposition of the juvenile offender. The judge, in his discretion, may order the child held or may release him to his parents, with or without bail, always acting in the best interest of correcting and rehabilitating the youthful offender. The judge, if circumstances require, may issue an arrest warrant for any juvenile offender upon affidavit of the appropriate law enforcement officer. The law enforcement officer making the apprehension or instituting the proceeding who acted in good faith shall be immune from civil liability. Section 10. Said Act is further amended by striking section 19 in its entirety and substituting in lieu thereof a new section 19, to read as follows: Section 19. Adjudication no conviction of crime .No action taken against a child under the provisions of this Act shall be denominated as a criminal action nor an adjudication as a conviction; nor shall any child be charged with crime or convicted by any court, except as provided in this Act. Neither the fingerprints nor a photograph shall

Page 1027

be taken of any child taken into custody for any purpose, without the consent of the judge. Peace officers' records of children shall be kept separate from records of adults and shall not be disclosed to the public. Section 11. Said Act is further amended by adding a new section, to be designated as section 19A, to be placed between sections 19 and 20, to read as follows: Section 19A. Right to counsel; privilege against self-incrimination .The juvenile court judge, or his duly authorized representative who shall be a member of the staff of the court, shall have the duty to apprise the juvenile and one of his parents or guardians of his right to counsel. Unless the parent, guardian or juvenile intelligently waives his right to counsel, the juvenile court judge shall appoint legal counsel for indigent parents, guardians and juveniles as early in the proceedings as is practicable. The juvenile court judge, or his duly authorized representative, shall advise each juvenile and his parent or guardian of his privilege against self-incrimination. Section 12. Said Act is further amended by striking section 21 in its entirety and substituting a new section 21, to read as follows: Section 21. Hearings without jury; exclusive of public .The court shall have the power, upon the hearing of any case involving any child, to exclude the general public from the room wherein said hearing is held, admitting thereto only such persons as may have a direct interest in the case. All cases of children shall be dealt with at separate hearings by the court and without a jury. The hearings may be adjourned from time to time. The probation officer's investigation, along with other evidence submitted in court, may be used by the judge in reaching a decision for dispositional purposes for the best interest and future welfare of the child involved. The general public shall be excluded and only such persons admitted as the judge shall find to have a direct interest in the case or in the work of the court. The presence of the child in court may be waived by the court at any stage of the proceedings. Hearings

Page 1028

may be held at any time or place within the county designated by the judge. Section 13. Said Act is further amended by adding a new section, to be designated as section 21A, to read as follows: Section 21A. Findings, decrees and orders; probation .When a child is found by the court to come within its jurisdiction the court shall so decree and in its decree shall make a finding of the facts upon with the court exercises its jurisdiction over such child. (1) Upon finding the child a delinquent child, the court may by order duly entered proceed as follows: (a) Place the child on probation or under supervision in his own home or in the custody of a suitable person elsewhere upon such conditions as the court shall determine. Probation shall mean casework services during a continuance of the case. Probation shall not be ordered or administered as a punishment but as a measure for the protection, guidance and well-being of the child and his family. Probation methods shall be directed to the discovery and correction of the basic causes of maladjustment and to the development of the child's personality and character, with the aid of the social resources of the community. (b) Commit the child to the custody or to the guardianship of a public or private institution or agency authorized to care for children or to place them in family homes, or under the guardianship of a suitable person. Such commitment shall be for an indeterminate period but in no event shall continue beyond the child's twenty-first (21st) birthday. Whenever the court shall commit a child to any instition or agency, it shall transmit with the order of commitment a summary of its information concerning the child, and such institution or agency shall give to the court such information concerning such child as the court may at any time require. (c) The court may cause any child concerning whom a petition has been filed to be examined or treated by a

Page 1029

physician, psychiatrist, or psychologist, and for such purpose may place the child in a hospital or suitable facility. (d) Order such other care and treatment as the court may deem to be for the best interest of the child. In support of any order or decree the court may require the parents or other persons having the custody of the child or any other person who has been found by the court to be encouraging, causing, or contributing to the acts or conditions which bring the child within the purview of this Act to do or cease from doing any such acts required or forbidden by law when the judge deems such requirement necessary for the welfare of the child. In cases of failure to comply with the requirements, the court may proceed against such parties for contempt of court. (e) The court may dismiss the petition or otherwise terminate its jurisdiction at any time. (2) Upon finding the child to be in a state of neglect, dependency, or living under insufficient and improper guardianship; or to be the subject of controversy as to his legal custody; or to be a person in need of supervision; the court may by order duly entered, proceed as follows: (a) Take custody of the child and place the child under supervision in his own home or in the custody of a suitable person or agency upon such conditions as the court shall determine. (b) When conditions and circumstances warrant the termination of parental rights, the courts may take custody of the child or children involved for suitable placement or adoption and may act in loco parents in all matters pertaining to their interests. In such cases the court shall act as guardian of the person and property of the child or children involved. (c) The court may cause the child concerning whom a petition has been filed to be examined or treated by a physician, psychiatrist, or psychologist, and for such purpose may place the child in a hospital or suitable facility.

Page 1030

(d) Order such other care and treatment as the court may deem to be for the best interest of the child. In support of any order or decree the court may require the parents or other persons having the custody of the child or any other person who has been found by the court to be encouraging, causing, or contributing to the acts or conditions which bring the child within the purview of this Act to do or cease from doing any such acts required or forbidden by law when the judge deems such requirement necessary for the welfare of the child. In cases of failure to comply with the requirements, the court may proceed against such parties for contempt of court. (e) The court may dismiss the petition or otherwise terminate its jurisdiction at any time. Section 14. Said Act is further amended by striking section 22 in its entirety and substituting in lieu thereof a new section 22, to read as follows: Section 22. Final order; modification or change .Any final order of judgment by the court in the case of any such child shall be subject to such modification from time to time as the court may consider to be for the welfare of such child. No commitment of any child to any institution or other custodial agency shall deprive the court of jurisdiction to change the form of the commitment or transfer the custody of said child to some other institution or agency on such conditions as the court may see fit to impose the duty being constant upon the court to give to all children subject to its jurisdiction such oversight and control in the premises as will be conductive to the welfare of said child and the best interests of the State. Provided: however, that the release or parole of any juvenile committed to any State Training School under the terms of this Act during the period of One (1) year from the date of commitment, shall be had only with the concurrence and recommendation of the superintendent. After the expiration of One (1) year from the date of commitment, the committing court shall review the case and make such order with respect to the continued confinement or release of the child back to the committing court for further disposition

Page 1031

as the court deems proper. Provided: however, the terms of this proviso shall be effective only as to commitments made after the effective date of this proviso. Section 15. Said Act is further amended by striking section 24 and substituting in lieu thereof a new section 24, to read as follows: Section 24. Guardians of persons and property; custody and direction of child .Whenever in the course of a proceeding instituted under this Act, it shall appear to the court that the welfare of a child will be promoted by the appointment of an individual as general guardian of his person and property, the court shall have jurisdiction to make such appointment. Whenever a case is pending in juvenile court which requires the presence of the parent or whenever circumstances require that the parent be represented, the juvenile judge shall have the authority to appoint a guardian ad litem when the best interests of the child will be served. Section 16. Said Act is further amended by striking section 26 in its entirety and substituting in lieu thereof a new section 26, to read as follows: Section 26. Support of child .Whenever a child is removed from the custody of his parents by order of the court, or is given medical, psychological or psychiatric treatment under order of the court and no provision is otherwise made by law for the support of such child, compensation for the care and treatment of such child, when approved by order of the court, shall be a charge upon the county of its residence. The court may, after giving the parent a reasonable opportunity to be heard, order and decree that such parent shall pay in such manner as the court may direct such sum within his ability to pay, as will cover in whole or in part the support and treatment of such child. If such parent shall wilfully fail or refuse to pay such sum, the court may proceed against him as for contempt. In cases where it appears that the parent has abandoned his or her minor child, having failed to provide for its care and maintenance, same having been furnished

Page 1032

by a third party, the court shall have jurisdiction to require that the parent or guardian of said child reimburse the third party for such care and maintenance, in the amount as determined by the court; said payment to be made in accordance with the order of the court. The parent or guardian failing to make such payment shall be proceeded against as for contempt, and the court shall have jurisdiction to suspend parental rights for failing to obey a court order requiring the parent or parents to support the child after failure to support the child has persisted for twelve (12) months. Section 17. Said Act is further amended by striking section 27 in its entirety and substituting in lieu thereof a new section 27, to read as follows: Section 27. Termination of parental rights .Whenever in the course of a proceeding instituted under this Act, it shall appear to the court that the parents or the surviving parent of the child, or the mother of a child born out of wedlock, have abandoned such child or have substantially and continuously or repeatedly refused, or being financially able have neglected to give such child parental care and protection; or that such parent or parents are unfit by reason of their conduct or condition being seriously detrimental to the said child, the court shall have jurisdiction to transfer the permanent care, control and custody of such child to some other person, agency or institution, and may terminate all rights of such parent or parents with reference to such child, and also may appoint a guardian for the person and property of such child. Such transfer or termination shall be made only after a hearing before the court and the court shall cause notice of the time, place and purpose of such hearing to be served on such parent or parents personally at least three (3) days prior to the date of hearing; or if the court is satisfied that personal service cannot be affected, then by publication thereof in a newspaper in the county once a week for three (3) weeks prior to the date of hearing. Upon application of the parents or the surviving parent, or the mother of a child born out of wedlock, the court

Page 1033

may order the transfer of the permanent care, control and custody of such child, and if it appears wise, the termination of all the rights of a parent or the parents with reference to such child, provided the court after a hearing finds such transfer or termination to be in the best interests of the child. Every order of the court transferring the permanent care, control and custody of a child or terminating the rights of the parents or of a parent with reference to a child shall be in writing and shall recite the jurisdictional facts. Such order shall be conclusive and binding on all persons and in all proceedings after thirty (30) days unless the judgment of the court is contested by appeal as provided by law. Section 18. Said Act is further amended by striking section 30 in its entirety and substituting in lieu thereof a new section 30, to read as follows: Section 30. Appeals; supersedeas .In all cases of final judgments of a juvenile court judge, appeals shall be taken by writ of error to the Court of Appeals or Supreme Court of Georgia in the same manner as appeals from the Superior court. Provided: that no such judgment or order shall be superseded, except in the discretion of the judge, but the judgment or order of the court shall stand until reversed or modified by the reviewing court. Section 19. Said Act is further amended by striking section 33 in its entirety and substituting a new section 33, to read as follows: Section 33. Court of record, records, forms, privileged information; publication of names of children . (1) The juvenile court is a court of record, having a seal, and the judge and his duly appointed representatives shall each have power to administer oaths and affirmations. (2) The juvenile court shall make and keep records of all cases brought before it, and shall preserve the records pertaining to a child until ten (10) years after the last entry was made, and may destroy them, except that records of cases where orders were entered permanently

Page 1034

depriving a parent of the custody of a child shall be preserved permanently. The juvenile court shall make official minutes, consisting of all petitions and orders filed in a case and any other pleadings, certificates, proofs of publication, summons, warrants, and other writs which may be filed therein and shall make social records, consisting of records of investigation and treatment and other confidential information not forming part of the official records. (3) Juvenile court records except records of traffic violations, shall not be open to inspection by the public. All records, except those for traffic violations, shall be inspected only upon order of the judge, by persons deemed by the judge to have a proper interest therein, except that a child and the parents or legal custodians of the child and their attorneys shall always have the right to inspect and copy any official record pertaining to the child. The judge may permit authorized representatives of recognized organizations compiling statistics for proper purposes to inspect and make abstracts from official records, under whatever conditions upon their use and disposition the judge may deem proper, and may punish by contempt proceedings any violation of those conditions. (4) All information obtained in discharge of official duty by any judge or employee of any juvenile court shall be privileged, and shall not be disclosed to anyone other than the authorized personnel of the juvenile court and others entitled under this Act to receive that information, except upon order of the judge. (5) All orders of the court shall be in writing and signed by the judge, except that his duly authorized representative may sign a summons, witness subpoenas, notice to appear or warrants. (6) (a) The name or picture of any child under the jurisdiction of the court shall not be made public by any newspaper or radio station except as authorized by order of the court. (b) It shall be mandatory upon the judge of the juvenile court to release the name of any child who is under

Page 1035

the jurisdiction of the court for a second or subsequent time. No person, firm; or corporation shall be guilty of any offense for making public the name or picture of any such child. Section 20. Said Act is further amended by adding a new section, to be designated as section 33A, to read as follows: Section 33A. Transcripts .An official court reporter shall take down all the testimony and all of the remarks of the judge and all persons appearing at any juvenile court hearing conducted by the juvenile court judge, unless waived by the juvenile, his parent, guardian or attorney. Upon being directed by the court or upon request of the juvenile, his parent, guardian or attorney, the court reporter shall transcribe the testimony taken and certify the same as being correctly reported and transcribed. When directed by the court, the reporter shall file the certified transcript with the clerk of the court. Unless otherwise directed by the judge, the costs of transcribing all or any portion of the reporter's notes shal be paid in advance by the person requesting the transcript. Section 21. Said Act is further amended by adding a new section, to be known as section 34A, to be inserted between section 34 and 35, to read as follows: Section 34A . The juvenile court judge shall have authority to issue his warrant for the arrest of any juvenile offender against the penal laws of this State, based either on his own knowledge or the information of others given to him under oath. Warrants. Section 22. Said Act is further amended by deleting in its entirety that section of said Act which was added by section 4 of the amendatory Act approved December 12, 1953 (Ga. L. 1953, Nov. Sess., p. 87). Prior act repealed. Section 23. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 8, 1968.

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GEORGIA CIVIL PRACTICE ACT AMENDEDSERVICE BY PUBLICATION. No. 1022 (House Bill No. 891). An Act to amend an Act known as the Georgia Civil Practice Act, approved March 18, 1966 (Ga. L. 1966, p. 609), as amended, so as to provide that the clerk as well as the judge may grant an order that service may be made by publication of the summons; 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 Civil Practice Act, approved March 18, 1966 (Ga. L. 1966, p. 609), as amended, is hereby amended by inserting in section 4 (e) (1) (i) between the words judge and of and judge and may as they appear in the first paragraph thereof the following: or clerk, so that when so amended section 4 (e) (1) (i) shall read as follows: (i) 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 or clerk 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 property party to the action, such judge or clerk may grant an order that the service be made by the publication of summons. 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

Page 1037

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. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 8, 1968. REVENUEINCOME TAX EXEMPTIONS FOR STUDENT DEPENDENTS. Code 92-3106 Amended. No. 1023 (House Bill No. 896). An Act to amend Code section 92-3106, relating to personal exemptions and credits for income tax purposes, as amended, particularly by an Act approved June 24, 1955 (Ga. L. 1955, Ex. Sess., p. 27), and an Act approved March 10, 1966 (Ga. L. 1966, p. 271), so as to allow a taxpayer who is the head of a household to claim a $600 exemption for certain dependents who are students; 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 for income tax purposes, as

Page 1038

amended, particularly by an Act approved June 24, 1955 (Ga. L. 1955, Ex. Sess., p. 27), and an Act approved March 10, 1966 (Ga. L. 1966, p. 271), is hereby amended by adding at the end of subsection (c) immediately before the period the following: , except as is provided in subparagraph (2) of subsection (d) of this section, so that when so amended subsection (c) shall read as follows: (c) In the case of an individual who is single, or married but not living with husband or wife, who maintains a household which constitutes the principal place of abode of himself and at least one of the individuals for whom he is entitled a claim credit for dependent under subsection (d) of this section, he shall be entitled to a personal exemption of $3,000: Provided, however, such individual shall not be allowed any other exemption or credit for such dependent used for the purposes of qualifying for the exemption herein provided, except as is provided in subparagraph (2) of subsection (d) of this section., and by adding at the end of subparagraph (2) of subsection (d) the following: ; provided that a taxpayer who has used a student dependent to qualify as a head of the household under subsection (c) of this section shall only be allowed a $600 exemption for that student dependent., so that when so amended subparagraph (2) of subsection (d) shall read as follows: (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 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; provided that a taxpayer

Page 1039

who has used a student dependent to qualify as a head of the household under subsection (c) of this section shall only be allowed a $600 exemption for that student dependent. Section 2. The provisions of this Act shall become effective for all taxable years ending on or after December 31, 1968. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 8, 1968. GUARDIAN AND WARDBOND OF NATURAL GUARDIAN. Code 49-102 Amended. No. 1024 (House Bill No. 897). An Act to amend Code section 49-102, relating to natural guardians and the appointment of another guardian in the event the natural guardian fails or refuses to give bond or surety, as amended by an Act approved February 26, 1962 (Ga. L. 1962, p. 97), so as to provide that in the event the value of the property of the child is one thousand ($1,000.00) dollars or less, no bond shall be required; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 49-102, relating to natural guardians and the appointment of another guardian in the event the natural guardian fails or refuses to give bond or surety, as amended by an Act approved February 26, 1962 (Ga. L. 1962, p. 97), is hereby amended by striking the sentence:

Page 1040

If such natural guardian shall fail or refuse to give bond and surety, the ordinary may appoint another guardian to receive such property. and inserting in lieu thereof the following: Provided, however, where the value of the property of the child is one thousand (1,000.00) dollars or less, no such bond will be required. If such natural guardian shall fail or refuse to give bond and surety and the child's property value exceeds one thousand (1,000.00) dollars, the ordinary may appoint another guardian to receive such property. so that when so amended Code section 49-102 shall read as follows: 49-102Natural guardian; bond .The father, if alive, unless otherwise provided herein, is the natural guardian; if the father is dead or if the father is not domiciled with the mother, the parent having custody of the child is the natural guardian. The natural guardian may not demand or receive the property of the child until a guardian's bond shall be filed and accepted by the ordinary of the county. Provided, however, where the value of the property of the child is one thousand ($1,000.00) dollars or less, no such bond will be required. If such natural guardian shall fail or refuse to give bond and surety and the child's property value exceeds one thousand ($1,000.00) dollars, the ordinary may appoint another guardian to receive such property without publishing a citation as is published in guardianship matters under other Statutes. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 8, 1968.

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CRIMESFRAUDULENT CONVERSION OF LEASED PERSONAL PROPERTY. Code 26-2816 Enacted. No. 1025 (House Bill No. 921). An Act to amend Code Chapter 26-28, relating to Embezzlement and Fraudulent Conversion, as amended, so as to provide that no person shall intentionally convert to his own use any personal property which has been delivered under the terms of a lease or rental agreement in violation of the agreement and to the damage of the owner or lessor; to provide presumptions; to make violation of this code section punishable by imprisonment for not less than one nor more than two years, unless the value of the property converted is worth one hundred ($100.00) dollars or less, in which case violation shall be a misdemeanor; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 26-28, relating to Embezzlement and Fraudulent Conversion, as amended, is hereby amended by adding a new code section to be designated as Code section 26-2816 to read as follows: 26-2816. (a) No person shall intentionally convert to his own use any personal property which has been delivered under the terms of a lease or rental agreement in violation of the agreement and to the damage of the owner or lessor. (b) For the purpose of this code section, an intentional conversion shall be presumed to have occurred whenever a person to whom personal property has been rented or leased shall knowingly and in violation of his agreement: (1) Sell, exchange or otherwise dispose of such property, or any part of it, without the express consent of the owner or lessor; or

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(2) Cause or permit such property, or any part of it, to be either concealed or removed so as to hinder, delay or prevent its lawful recovery by the owner or lessor; or (3) Fail or refuse without a lawful reason to surrender such property, or any part of it, to the owner or lessor upon demand following the expiration or lawful termination of said agreement. (c) Any person violating section (a) shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not less than one nor more than two years, except if the value of the property converted is one hundred ($100) dollars or less, the person violating section (a) shall, upon conviction, be punished as for a misdemeanor. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 8, 1968. BANKS AND BANKINGINVESTMENTS. Code 13-2023.1 Enacted. No. 1026 (House Bill No. 934). An Act to amend Code Chapter 13-20, relating to the regulation of the business of banking, as amended, so as to provide for the investment by a bank in the stock of a corporation engaged in international or foreign banking; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 13-20, relating to the regulation of the business of banking, as amended, is hereby amended by adding immediately after Code section 13-2023 a new Code section to be known as Code section 13-2023.1 to read as follows:

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13-2023.1 Investments in stock of banks engaged in international or foreign banking . (a) Any bank organized under the laws of this state may file an application with the Superintendent of Banks for permission, upon conditions and under such regulations as may be prescribed by the Superintendent of Banks, to invest an amount not exceeding in the aggregate 10 percent of its capital stock and surplus in the stock of one or more banks or corporations chartered or incorporated under the laws of the United States, or of any state thereof, and principally engaged in international or foreign banking, or banking in a dependency or insular possession of the United States, either directly or through the agency, ownership or control of local institutions in foreign countries, or in such dependencies or insular possessions, including the stock of one or more banks or corporations chartered or incorporated under section 25 (a) of the Federal Reserve Act, 41 Stat. 378, as amended, (USCA Sections 611-631). (b) The application shall specify the name, capital and surplus of the bank filing it. The Superintendent of Banks shall have power to approve or reject the application in whole or in part if for any reason the granting of the application is deemed inexpedient. (c) Every bank organized under the laws of this State investing in a majority of the capital stock of banks or corporations as provided in this Act shall be required to furnish information concerning the condition of such banks or corporations to the Superintendent of Banks upon demand, and the Superintendent of Banks may order special examinations of the banks or corporations at such time or times as he may deem best. (d) Before any bank organized under the laws of this State shall be permitted to purchase a majority of the stock in any such bank or corporation, the bank or corporation shall enter into an agreement or undertaking with the Superintendent of Banks to restrict its operations or conduct its business in such manner or under such limitations or restrictions as the Superintendent of Banks may prescribe for the place or places wherein such business is to be conducted.

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(e) If at any time the Superintendent of Banks shall ascertain that the regulations prescribed by him are not being complied with, he is authorized and empowered to institute an investigation of the matter and to send for persons or papers, subpoena witnesses and administer oaths in order to satisfy himself as to the actual nature of the transactions referred to. Should such investigation result in establishing the failure of the bank or corporation in question, or of the bank or banks which may be stockholders therein, to comply with the regulations laid down by the Superintendent of Banks, such bank or banks may be required to dispose of stockholdings in the corporation upon reasonable notice. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 8, 1968. BANKS AND BANKINGINCIDENTAL POWERS OF BANKS. Code 13-1802 Enacted. No. 1027 (House Bill No. 938). An Act to amend Code Chapter 13-18, relating to powers of banks, so as to provide that banks shall have all such incidental powers as shall be necessary to carry on the business of banking, when approved by the Superintendent of Banks, provided, however, that such incidental powers shall include no more than the powers and activities permitted to national banking associations under the laws of the United States; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 13-18, relating to powers of banks, is hereby amended by adding at the end of Code Chapter 13-18 a new code section to be known as section

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13-1802, relating to Incidential powers of banks, to read as follows: 13-1802. Incidental powers of banks . A bank organized under this Title, in addition to the powers enumerated in section 13-1801, shall have the corporate power to exercise by its board of directors or duly authorized officers or agents, subject to law, all such incidental powers as shall be necessary to carry on the business of banking when approved by the Superintendent of Banks; provided, however, that such incidental powers shall not be greater than the powers and activities permitted to national banking associations under the laws of the United States. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 8, 1968. BANKS AND BANKINGCAPITAL STOCK, ETC. Code Title 13 Amended. No. 1028 (House Bill No. 939). An Act to amend Code Title 13 known as the Banking Law of Georgia, as amended, so as to provide that common stock which is used to convert capital notes or debentures or to consummate the sale of stock pursuant to the exercise of stock options shall be common stock authorized by amendment to the charter of the bank but not issued and sold at the time of such amendment; to clarify the provisions relative to authorized and outstanding capital stock; to provide for an additional exception relating to the payment, in cash, for an increase in capital stock; to provide for a stock option plan or the withholding of capital stock from sale; to provide for the notification of the preemptive rights of stockholders in certain situations; to provide that capital notes or debentures issued or sold by a state bank or

Page 1046

trust company shall be considered as a portion of the capital and unimpaired surplus of the issuing bank; to provide that such capital notes and debentures shall not be considered in determining the amount of ad valorem taxes payable by the bank or trust company; to provide for the construction of the terms capital, capital stock, or capital structure; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Title 13, known as the Banking Law of Georgia, as amended, is hereby amended by adding at the end of Code section 13-912 a new subsection to be known as subsection (e) to read as follows: (e) Unissued Common Stock; Use of .Wherever it is provided in this section that common stock be used, either for the purpose of converting capital notes or debentures or for the purpose of consummating the sale of stock pursuant to the exercise of stock options, such common stock shall be that authorized by amendment to the charter of the bank but not issued and sold at the time of such amendment to the charter. Section 2. Said Code Title is further amended by striking Code section 13-1001 in its entirety and inserting in lieu thereof a new Code section 13-1001 to read as follows: 13-1001. What amendments allowed .Any bank, whether incorporated by special Act of the General Assembly or by the Secretary of State under the general law, may have its charter amended so as to change its corporate name, or the city, town, or village in which its office is located, or the amount of its authorized capital stock, or the number of shares into which its capital stock is divided, so as to change the par value thereof to an amount not less than $1 each; and where the capital stock of such bank subscribed and paid in shall be not less than $100,000, so as to acquire all the rights, powers, privileges and immunities and be subject to the liabilities and restrictions conferred and imposed upon trust companies by sections

Page 1047

109-101, to 109-105, 109-201, 109-301, and any bank heretofore incorporated by special Act of the General Assembly may have its special charter amended so as to incorporate therein any provision of this Title or any amendment thereto. Section 3. Said Code Title is further amended by striking Code section 13-1002 in its entirety and inserting in lieu thereof a new Code section 13-1002 to read as follows: 13-1002. 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 charter, and all amendments thereto, and the particular amendment or amendments to its said charter it desires; and shall pay to the Secretary of State a fee of $25, to be covered by him into the Treasury of the State. Said bank shall also file with said application a certified 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 the amount of the outstanding 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: Provided, however, if the application is to change the location of its office to a location in another county, then the certified abstract from the minutes shall show that the amendment was authorized by the vote of 90 percent of the outstanding capital stock of the bank at a meeting of the stockholders called for the purpose of acting thereon: Provided, however, if the move is from one location to another location in the same county, the consent of only two-thirds of the outstanding capital stock will be required. Section 4. Said Code Title is so amended by striking Code section 13-1005 in its entirety and inserting in lieu thereof a new Code section 13-1005 to read as follows:

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13-1005. Examination by and certificate of Superintendent of Banks .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 authorized capital stock, that the amount of such additional capital has been paid in, in cash, except where surplus is capitalized, or where the entire amount of increase of capital stock will not be sold at the time it is authorized 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 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 record in his office. The said superintendent shall also keep on file a duplicate of such 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 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, unless not

Page 1049

required, as herein provided, he shall within 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 so amended by striking Code section 13-1009 in its entirety and inserting in lieu thereof a new Code section 13-1009 to read as follows: 13-1009. Increase offered to stockholders .When the authorized capital stock of any bank shall be increased, except where surplus is capitalized or where there is an application for stock option plan or where a portion of the increase in authorized capital stock will be withheld from sale, as it appeared in the said application, 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 of the issued and outstanding stock, is exchanged for substantially all of the properties of another bank or corporation (which properties may be received subject to liabilities of such other bank or corporation), but upon the issuance of such stock there shall be paid in, or transferred from the bank's surplus or undivided profits, additional capital equal to the par value of such stock, and nothing in this proviso shall permit the acquisition by banks of properties which are otherwise not permitted to be owned by banks, or the establishment of bank branches, offices, or facilities not otherwise permitted to be owned or operated by banks: Provided further, however,

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that capital stock may be authorized and not issued, but that stock to be issued 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 of the issued and outstanding stock vote their approval of waiving the preemptive rights of stockholder. Section 6. Said Code Title is further amended by striking Subsection (d) of Code section 13-2025.1 in its entirety and inserting in lieu thereof a new subsection (d) to read as follows: (d) Such capital notes or debentures issued or sold by a State bank or trust company shall be considered as a portion of the capital and unimpaired surplus or capital structure of the issuing bank and shall be considered as such in determining the bank's legal lending or investment limits, and for other purposes, when based upon the capital and unimpaired surplus of the bank; Provided, however, such capital notes and debentures shall not be considered in determining the amount of ad valorem taxes payable by the bank or trust company. Capital notes, etc. Section 7. Said Code Title is further amended by adding a new subsection (g) at the end of Code section 13-2025.1 to read as follows: (g) Wherever the terms `capital', `capital stock', or `capital structure' are used in this section, they shall be construed to have reference only to capital actually paid in and capital stock actually issued. Definitions. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 8, 1968.

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INTOXICATING LIQUORSCONTRABAND USED IN UNLAWFUL MANUFACTURE OF INTOXICATING LIQUORS. Code 58-210 Amended. No. 1029 (House Bill No. 948). An Act to amend Code section 58-210, relating to the seizure, destruction and disposition of certain raw materials and substances used in the unlawful manufacture of alcoholic beverages, so as to declare as contraband certain fixtures, implements and apparatuses used in the manufacture of alcoholic beverages; to provide for the destruction and disposition of such fixtures, implements and apparatuses; 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 58-210, relating to the seizure, destruction and disposition of certain raw materials and substances used in the unlawful manufacture of alcoholic beverages, is hereby amended by striking in its entirety said Code section and substituting in lieu thereof a new Code section to read as follows: 58-210 . Any raw materials or substances, including but not being limited to sugar of any grade or type, and any fixture, implement or apparatus intended for use in the unlawful distilling or manufacturing of any alcoholic, spiritous, vinous or malt beverages are declared to be contraband, and no corporation, firm or individual shall have any property right in or to the same, and whenever any such raw materials, substances, fixture, implement or apparatus so used or about to be used shall be found or discovered, whether in transit, in storage, or at a site of such unlawful distillation or manufacture, by any sheriff, deputy sheriff, revenue agent or any other law enforcement officer, the same are declared forfeited and shall be subject to the following dispositions, or any of them: (1) Such raw materials, substances, fixtures, implements or apparatuses, whenever found or discovered at a site of

Page 1052

unlawful distillation or manufacture as described herein, may be summarily destroyed and rendered useless by any of the officers herein named without any formal order of the court or, in the event any such raw materials or substances shall be fit for human consumption, or if any such fixture, implement or apparatus shall be of any beneficial use to the educational authorities of the county for use in any of their educational programs, the same may be delivered to the public schools of the county in which seized for use thereby. When any of the foregoing items shall be delivered to a public school system, the officer delivering the same shall obtain from the appropriate school authorities an itemized receipt detailing all such items delivered to the system. In the event any of the foregoing items shall be destroyed by any such law enforcement officer, he shall execute an affidavit of such fact in which he shall list all such items destroyed by him. The receipts and affidavits shall be maintained by such officer and shall be open to inspection by the public upon request. (2) Such raw materials, substances, fixtures, implements or apparatuses, whenever found or discovered in transit or in storage, by any of the officers named herein, shall be seized by said officer and the procedures of notice, condemnation and sale, provided in Code section 58-207, applicable to vehicles and conveyances, shall be followed. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 8, 1968. CLAIMS AGAINST STATE HIGHWAY DEPARTMENT1941 ACT REPEALED. No. 1030 (House Bill No. 978). An Act to repeal an Act entitled An Act to provide for the auditing of obligations of and claims against the State Highway Department and the approval of such obligations and claims for payment by the Chairman of

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the State Highway Department, the Governor and the State Auditor; to authorize the Chairman to issue written acknowledgments of such claims and obligations; to validate the assignment of all such claims and to fix the respective rights of the State Highway Department, the Assignors, Assignees and other persons in such assigned claims; to authorize the State Highway Department to make payment of all such assigned claims directly to the Assignee, and for other purposes., approved February 26, 1941 (Ga. L. 1941, p. 596); 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 auditing of obligations of and claims against the State Highway Department and the approval of such obligations and claims for payment by the Chairman of the State Highway Department, the Governor and the State Auditor; to authorize the Chairman to issue written acknowledgments of such claims and obligations; to validate the assignment of all such claims and to fix the respective rights of the State Highway Department, the Assignors, Assignees and other persons in such assigned claims; to authorize the State Highway Department to make payment of all such assigned claims directly to the Assignee, and for other purposes., is hereby repealed. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 8, 1968. SALE OF MERCHANDISE, ETC. WHILE PARKED ON STATE HIGHWAY RIGHTS-OF-WAYS. No. 1031 (House Bill No. 981). An Act to amend an Act entitled An Act to make it unlawful to park or leave unattended any vehicle upon the right-of-way of any State highway for over forty-eight (48) hours; to prohibit the erection of signs or obstructions

Page 1054

on the right-of-way of any State highway; to provide the Uniform Division of the Department of Public Safety with the power to enforce said Act; to provide the punishment for violation of said Act; to repeal conflicting laws; and for other purposes, approved March 9, 1956 (Ga. L. 1956, p. 615), so as to remove the provisions granting sellers of fruits, nuts and/or vegetables an exemption from the operation of this Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to make it unlawful to park or leave unattended any vehicle upon the right-of-way of any State highway for over forty-eight (48) hours; to prohibit the erection of signs or obstructions on the right-of-way of any State highway; to provide the Uniform Division of the Department of Public Safety with the power to enforce said Act; to provide the punishment for violation of said Act; to repeal conflicting laws; and for other purposes, approved March 9, 1956 (Ga. L. 1956, p. 615), is hereby amended by striking from section 3 the following: , except that the sellers of fruits, nuts and/or vegetables shall be exempt from the provisions of this Act, provided they display said products no nearer than fifteen (15) feet from the edge of the pavement of said highways, so as to allow potential customers room to park on the shoulders on said highways, allowing full clearance of paved sections, so that when so amended section 3 of said Act shall read as follows: Section 3. It shall be unlawful for any person or persons to sell merchandise, fruits or vegetables or nuts or anything else of value while parked on State right-of-way of the State highways of Georgia. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 8, 1968.

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STATE HIGHWAY DEPARTMENT ACT AMENDED. No. 1032 (House Bill No. 987). An Act to amend an Act creating the offices of the State Highway Board, Chairman of the State Highway Board, and Treasurer of the State Highway Department, approved February 2, 1950 (Ga. L. 1950, p. 62), as amended particularly by an Act approved February 5, 1951 (Ga. L. 1951, p. 31), an Act approved February 17, 1953 (Ga. L. 1953, p. 81), an Act approved February 23, 1955 (Ga. L. 1955, p. 249), an Act approved March 25, 1958 (Ga. L. 1958, p. 624), an Act approved March 17, 1960 (Ga. L. 1960, p. 1109), an Act approved January 18, 1961 (Ga. L. 1961, p. 22), an Act approved January 25, 1963 (Ga. L. 1963, p. 3), an Act approved April 2, 1963 (Ga. L. 1963, p. 282), an Act approved April 9, 1963 (Ga. L. 1963, p. 423), an Act approved March 28, 1967 (Ga. L. 1967, p. 151), and an Act approved April 4, 1967 (Ga. L. 1967, p. 382), so as to change the qualifications of the Director of the State Highway Department; to transfer certain duties vested in the State Highway Board to the State Highway Department; to remove the provisions relating to the employment of inspectors; to transfer certain duties vested in the State Highway Board to the Director of the State Highway Department; to provide for service of process upon the Director of the State Highway Department; to prohibit the Director of the State Highway Department from contracting with the Department; to remove the reference to motor vehicle license taxes being appropriated to the State Highway Department; to remove the provisions requiring a prohibitive convenant in certain lease contracts; to authorize the Director of the State Highway Department to employ such personnel as he may deem necessary to carry on the operations of the State Highway Department; 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 the State Highway Board,

Page 1056

and Treasurer of the State Highway Department, approved February 2, 1950 (Ga. L. 1950, p. 62), as amended particularly by an Act approved February 5, 1951 (Ga. L. 1951, p. 31), an Act approved February 17, 1953 (Ga. L. 1953, p. 81), an Act approved February 23, 1955 (Ga. L. 1955, p. 249), an Act approved March 25, 1958 (Ga. L. 1958, p. 624), an Act approved March 17, 1960 (Ga. L. 1960, p. 1109), an Act approved January 18, 1961 (Ga. L. 1961, p. 22), an Act approved January 25, 1963 (Ga. L. 1963, p. 3), an Act approved April 2, 1963 (Ga. L. 1963, p. 282), an Act approved April 9, 1963 (Ga. L. 1963, p. 423), an Act approved March 28, 1967 (Ga. L. 1967, p. 151), and an Act approved April 4, 1967 (Ga. L. 1967, p. 382), is hereby amended by deleting the last sentence in subsection (e) of section 4, which reads as follows: Provided further, no officer, agent, official or employee of the State, or of any county or municipality thereof, nor any member of the General Assembly, shall be eligible for appointment or election as Director hereunder. so that when so amended said subsection (e) of section 4 shall read as follows: (e) Director of State Highway Department . There is hereby created the office of Director of the State Highway Department, who shall be the chief administrative officer of the State Highway Department, and who shall possess and exercise all power and authority of the State Highway Board delegated to him by said Board when it is not in regular or called sessions, and shall have full authority to execute contracts and all other undertakings. The Director shall qualify by giving oath and bond with duly licensed corporate surety in the sum of $50,000.00, payable to the Governor and his successors in office, to be approved by the Governor and conditioned to faithfully discharge the duties of his office and to account for all money and property coming into his hands, the premium of such bond to be paid from funds of the State Highway Department. The Director shall be a full-time official of the State, and shall receive as compensation the sum of $25,000.00 per annum payable monthly or semi-monthly, plus actual and

Page 1057

necessary expenses for travel, lodging and meals, incurred while engaged in the performance of his duties away from the Capitol. No person who serves as Director of the State Highway Board shall be eligible, except as hereinafter provided, to offer as a candidate in any primary, special or general election for any state or federal elective office, nor to hold any such office, except as hereinafter provided, during the time he serves as Director, and for a period of 12 months after the date he ceases to serve as Director; provided, however, nothing contained herein shall prevent the Director from being appointed to any other office, nor disqualify him from running in any election to succeed himself in any office to which he was appointed, nor to hold such office in the event he is elected thereto and otherwise qualifies therefor; provided, however, the Director shall resign as Director of the State Highway Department before accepting any such appointive office. Section 2. Said Act is further amended by striking section 8 in its entirety and by substituting a new section 8 in lieu thereof, to read as follows: Section 8 (a). The Federal aid urban apportionments to the State of Georgia shall be matched with an equal amount of State funds and these combined funds shall be used for the planning, surveying, construction, paving and improving of Federal aid urban highway system roads and bridges most needed. (b) The Federal aid primary apportionments to the State of Georgia shall be matched with an equal amount of State funds and these combined funds shall be used for the planning, surveying, construction, paving and improving of Federal aid primary system roads and bridges most needed. (c) The present State highway system mileage, known as State-aid roads, as shown by the records of the State Highway Department at the time of the passage of this amendment shall remain on the State Highway system mileage and be maintained by the State Highway Department. Provided, however, the State Highway Department shall have the right to substitute, relocate, and abandon

Page 1058

any or all of the State Highway system mileage in building new roads or bridges or in improving the State Highway system roads and bridges, keeping in view only the control points as shown by the present State Highway system. In relocating, resurveying, substituting and abandoning any road, bridge or right of way on the State Highway system, the State Highway Department shall confer with the ordinary or county commissioners concerned, as the case may be, and give due consideration to their wishes in the said relocation, resurveying, substitution and abandonment, but in case of disagreement the judgment of the State Highway Department shall prevail. The State Highway Department shall prescribe appropriate rules and regulations by which new mileage may be added to the State Highway system. Provided, however, no new mileage shall be added to the State Highway system until 90% of the roads and bridges of the State Highway system are paved, except in emergencies or unusual situations as shown by appropriate resolutions entered on the minutes of the State Highway Department. (d) The State Highway Department shall keep a record as accurate and up-to-date as is reasonably possible of all roads including the bridges thereon, in the State. Under appropriate rules and regulations which shall be uniformly applied throughout the State, this record shall include the mileage of all the roads and bridges in each and every county of this State that are on each of the various county road systems and being maintained by the various counties, the mileage in each and every county of this State of all the roads and bridges which are a part of the State Highway system of Georgia and are being maintained by the State Highway Department, the mileage of such roads and bridges in each and every county that are paved and unpaved, and such other information as to the condition, status, type and use of all the roads and bridges in this State as deemed necessary for sound lang-range planning of highway construction and maintenance. (e) These records shall be compiled so as to show the mileage of paved and unpaved roads and bridges in each category with which the records are concerned in each

Page 1059

county of the State, and the relative or comparative standing of each county with the other counties of the State shall be determined and made available to the proper county authorities and the public. (f) Not more often than every four years the proper authorities in charge of the roads in any county of this State may request an official inspection and measurement of the roads in their counties under the uniform rules and regulations of the State Highway Department, and the State Highway Department shall comply with such request from a county if four years have elapsed since the completion of a prior official inspection and measurement of that county by the State Highway Department. Whenever a mileage inspection and measurement is to be made by the State Highway Department in any county of this State whether in response to a request from a county as hereinbefore provided for or in the regular course of inspecting and measuring for the records of the State Highway Department, the proper authorities in charge of roads in each county shall be contacted and requested to furnish a representative to accompany the representatives of the State Highway Department in such inspection and measurement. In case of disagreement between the State Highway Department representatives and the representatives of a county as to their findings, the matter shall be referred to the State Highway Director whose decision as to the facts thereof shall be final. (g) The State Highway Department shall provide reasonable rules and regulations, which shall be uniformly applied throughout the State, for keeping up-to-date, between official inspections and measurements, the records heretofore called for in this Act and the State Highway Department shall use the most recent and up-to-date information in compiling these records, provided such information is reasonably accurate and has been gathered either by an official inspection and measurement or in accordance with the rules and regulations of the State Highway Department for keeping these records up-to-date. (h) The proper county authorities in each county shall comply with reasonable rules and regulations of the State

Page 1060

Highway Department necessary to keep the records called for herein accurate and up-to-date. (i) The Division of Planning, or any other division of the State Highway Department designated by the State Highway Board, in conjunction with other engineering and design divisions of the State Highway Department conferring with a representative or representatives of the U. S. Public Roads Administration in matters involving Federal funds, shall prepare long-range biennial programs of improvements to be made under Federal aid urban, Federal aid primary, and Federal aid secondary classifications. These programs shall be flexible and shall constitute the basis for setting up biennial programs of improvement work. All long-range biennial programs involving the use of Federal funds shall have the approval of the State Highway Board or a majority thereof. The Board shall so arrange that the surveys and drawings and the appropriate specifications shall be made available from among the prejects in these approved programs in such scope, amount and classes as would provide at least a full year of work under the fund allocation available at the time. (j) After the necessary funds have been set aside for operating the State Highway Department, for maintaining, improving and reconstructing State Highway system roads and bridges, for paying the grants to counties for aid in county road construction and maintenance as provided by law authorizing the State Treasurer to make such grants, for matching Federal aid apportionments to the State of Georgia for the planning, surveying, constructing, reconstructing, paving and improving of Federal aid roads and bridges in full, and for any emergencies or unusual situations, the remaining available State Highway funds (and in no event shall said sum be less than 15 per cent of the total of all State Highway funds) shall be used as follows: at least one-third shall be used for planning, surveying, constructing, improving, paving and completing rural roads and bridges not on the State Highway system; at least one-third shall be used for planning, surveying, constructing and paving unpaved roads and bridges on the State Highway system; and the remaining one-third shall be

Page 1061

used in the manner prescribed by the State Highway Department of Georgia for the planning, surveying, construction, reconstruction, paving and improving of the roads and bridges of the State of Georgia most in need of such work. Provided only that no State Highway funds shall be expended for the construction, paving or improvement of private driveways, roads and bridges that are not used by the public or that have been abandoned, nor on roads or bridges in municipalities unless such roads are a part of the State Highway System or are a part of the urban, primary or secondary Federal aid system or are a part of a county road system which is maintained by the county and extends from within the limits of the municipality concerned out into the county itself. Other municipal streets, driveways and parking areas located upon the property of and serving public schools or colleges of the University system, or bridges in municipalities, regardless of population or by whom maintained, may be subject of expenditure of State Highway Department funds under such conditions as the Department may provide. Driveways and parking areas of hospitals constructed with the assistance of financial grants from the Federal Government, authorized by Title VI of the Public Health Act, as amended, may be the subject of expenditures of State Highway Department funds under such conditions as the Board may provide. (k) All contracts for highway and bridge construction shall be in writing and these contracts, as well as all contract letting, shall have the approval of the State Highway Board or a majority thereof. In determining public roads and bridges most in need of work thereon and also the type, class, width, location and order of priority of the various roads and bridge projects, the State Highway Board shall take into consideration such factors as the use of the road and bridges in question, the present need and anticipated development of the area traversed by the roads and bridges, and whether or not said road is a school bus or mail route, as well as its use for agricultural or industrial purposes, together with the information disclosed by the records heretofore provided for in this Act.

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(l) Nothing in this Act as amended is intended to conflict with any Federal law and in case of such conflict such portion as may be in conflict with such Federal law is hereby declared of no effect to the extent of the conflict. (m) The State Highway Department is hereby authorized to take the necessary steps, by appropriate resolutions entered on its minutes, to secure the full benefit of the Federal aid program and to meet any contingencies not provided for in this Act as amended, abiding at all times by a fundamental purpose to plan, survey, construct, reconstruct, maintain, improve and pave as economically as possible, the roads of Georgia which under the terms of this Act are most in need of such work and will best promote the interest, welfare and progress of the citizens of the State of Georgia. Section 3. Said Act is further amended by striking the words Chairman of the Highway Board from section 10 and inserting in lieu thereof the words Director, State Highway Department, so that section 10 when so amended shall read as follows: Section 10. Suits: venue: service . All suits brought either by or against the State Highway Department shall be brought in the name of State Highway Department of Georgia. All suits brought ex contractu by or against the State Highway Department of Georgia shall be brought in the county where the contract is to be or has been performed. All suits brought ex delicto shall be brought in the county in which the cause of action arose. Service upon said Department shall be sufficient by serving a second original process issued from the county where the suit is filed upon the Director, State Highway Department personally, or by leaving a copy of same in the State Highway Building, No. 2, Capitol Square, Southwest, Atlanta 3, Georgia. Service of process. Section 4. Said Act is further amended by inserting after the word Board in the first sentence of section 11 the words or Director, State Highway Department, so that when so amended section 11 shall read as follows:

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Section 11. Acts prohibited: penalty . It shall be unlawful for any member of the State Highway Board, or the Chairman of the State Highway Board, or Director, State Highway Department, or any officer or employee of the State Highway Department to contract to buy from or sell to, the State Highway Department any real or personal property of any kind, when such purchase or sale would benefit or be likely to benefit such member, officer or employee, or any firm or corporation in which he is or may be interested as a stockholder, partner, sharer, or beneficiary. Any person or persons violating the provisions of this section shall be guilty of a misdemeanor and punished as such. Section 5. Said Act is further amended by striking from subsection (c) of section 12 the words and motor vehicle license tax and the words and symbols; and the State Highway Board shall make this prohibition a covenant of any lease contract entered into in the future, so that subsection (c) of section 12 when so amended shall read as follows: (c) By lease contracts entered into pursuant to Constitutional provisions (one of which provided that motor fuel tax should be appropriated for highway purposes in an amount not less than the taxes collected from this source) the State by the State Highway Board has entered into valid contracts making the payment of lease rentals a first charge on these funds. The State Highway Board, in administration of the State Highway Department, is hereafter expressly prohibited from making and entering into any lease contracts if the aggregate of such lease rentals exceed $19,900,000 per annum, or 15 per cent of the appropriation received by the State Highway Department in the fiscal year immediately preceding the making or entering into of any such lease rental contract, whichever is greater. Lease contracts. Section 6. Said Act is further amended by striking section 13 in its entirety and substituting a new section 13, to read as follows:

Page 1064

Section 13. Employment of personnel by State Highway Department . The Director of the State Highway Department is hereby authorized to employ such personnel as he deems necessary to carry on the operation of the State Highway Department, except that such personnel shall not be related to within the third degree of consanguinity to the Director or any member of the State Highway Board. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 8, 1968. STATE HIGHWAY BOARDREPORTS TO GOVERNOR. Code 95-1506 Repealed. No. 1033 (House Bill No. 990). An Act to repeal Code section 95-1506, relating to the duty of the State Highway Board to submit an annual report of operations, activities, plans and budget to the Governor; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 95-1506 relating to the duty of the State Highway Board to submit an annual report of operations, activities, plans and budget to the Governor which reads as follows: 95-1506. Report to Governor .The State Highway Board shall annually submit to the Governor a complete report of the operations, activities, and also the plans of the State Highway Department for the ensuing year, together with a budget sheet to cover the next fiscal year, with recommendations as to the work with which the said Department is charged., is hereby repealed in its entirety.

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 8, 1968. UNIFORM ACT REGULATING TRAFFIC ON HIGHWAYS AMENDEDTRAFFIC REGULATIONS, ETC. No. 1034 (House Bill No. 999). 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.), as amended by an Act approved April 14, 1967 (Ga. L. 1967, p. 542), so as to provide that no two vehicles shall impede the flow of traffic by traveling side by side at the same time in adjacent lanes, provide that this shall not apply when there are congested traffic conditions; to provide that the driver of an overtaken vehicle in the left or center lane shall give way to the right in favor of the overtaking vehicle on audible signal when this is done with maximum safety; to provide that vehicles moving in the left or center lane shall yield the right of way when such lanes merge to form a single lane; to provide that the State Highway Department shall erect signs giving adequate notice of the provisions of this Act; to provide for a penalty; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Article VII, Section 55, of the Uniform Act regulating traffic on highways, approved January 11, 1954 (Ga. L. 1953, Nov.-Dec. Sess., p. 556 et seq.), as amended by an Act approved April 14, 1967 (Ga. L. 1967, p. 542), is hereby amended by adding five (5) new paragraphs to be numbered (d), (e), (f), (g) and (h) as follows:

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(d) No two vehicles shall intentionally impede the normal flow of traffic by traveling side by side at the same time while in adjacent lanes; provided, that this section shall not be construed to prevent vehicles traveling side by side in adjacent lanes because of congested traffic conditions. (e) The driver of an overtaken vehicle in the left or center lane shall give way to the right in favor of the overtaking vehicle on audible signal when this can be done with maximum safety. (f) Vehicles moving in the left or center lane shall yield the right of way to vehicles moving in the same direction in the right lane when such lanes merge to form a single lane. (g) The State Highway Department shall, at the expense of such department, erect and maintain suitable signs along the roadway in such number and at such location as the department shall deem necessary to give adequate notice of the provisions of this Act. (h) Any person violating the provisions of these paragraphs shall be guilty of a misdemeanor and upon conviction thereof upon a plea of guilty or upon a plea of nolo contendere shall be punished as provided by law. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Approved April 8, 1968.

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REVENUEPENALTIES FOR NONPAYMENT OF TAXES IN CERTAIN COUNTIES (150,000-179,999). Code 92-6402 Amended. No. 1035 (House Bill No. 1040). An Act to amend Code section 92-6402, relating to taxes payable to counties in which returns are made, so as to provide that in counties having a population of not less than 150,000 and not more than 179,999, according to the 1960 United States Census or any future such census, a penalty of ten per cent (10%) of the tax shall accrue on taxes not paid on or before December 20 of each year and interest shall accrue at the rate of seven per cent (7%) per annum on the amount of unpaid taxes and penalty until both taxes and penalty are paid; to provide that said ten per cent (10%) penalty shall become the property of the county fiscal authority to assist the county in paying the expenses to the county in collecting said delinquent taxes; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 92-6402, relating to taxes payable to counties in which returns are made, is hereby amended by adding to the end thereof the following: In counties having a population of not less than 150,000 and not more than 179,999, according to the 1960 United States Census and any future such census, a penalty of ten per cent (10%) of the tax due shall accrue on taxes not paid on or before December 20 of each year, and interest shall accrue at the rate of seven per cent (7%) per annum on the unpaid taxes and penalty until both the taxes and penalty are paid, and the tax collectors shall issue executions therefor against each delinquent taxpayer in their respective counties, said ten per cent (10%) penalty is to be paid over to the county fiscal authority to assist the county in paying the expense to the county in collecting said delinquent taxes.

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 8, 1968. TESTAMENTARY ADDITIONS TO TRUSTS ACT. No. 1036 (House Bill No. 1042). An Act to provide for testamentary additions to trusts, to set forth the conditions under which bequests or devises to trusts shall be valid and the manner in which the property so devised or bequeathed shall be administered, to provide that property devised or bequeathed to a trust shall become a part of the trust to which it is given, to provide limitations as to the duties and responsibilities of the Trustee or Trustees thereof, to provide that the Act shall apply to all devises or bequests made in the Will of a testator dying on or after the effective date of the Act, to provide that the Act shall not invalidate a devise or bequest made by a Will of a testator executed prior to the effective date of the Act by a testator dying prior to the effective date of the Act, to provide for the liberal construction and application of the Act, to set forth a short title of the Act, to provide for the repeal of conflicting laws, to provide for severability, to provide for the time of taking effect of the Act, and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Testamentary Additions to Trusts .A devise or bequest, the validity of which is determinable by the law of this state, may be made by a Will to the Trustee or Trustee of a trust established or to be established by the testator or by the testator and some other person or persons or by some other person or persons (including a funded or unfunded life insurance trust, although the trustor has reserved any or all rights of ownership of the insurance contracts) if the trust is identified in the testator's Will and its terms are set forth in a written instrument

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(other than a Will) executed before or concurrently with the execution of the testator's Will or in the valid Last Will of a person who has predeceased the testator (regardless of the existence, size, or character of the corpus of the trust). The devise or bequest shall not be invalid because the trust is amendable or revocable, or both, or because the trust was amended after the execution of the Will or after the death of the testator. Unless the testator's Will provides otherwise, the property so devised or bequeathed (a) shall not be deemed to be held under a testamentary trust of the testator but shall become a part of the trust to which it is given and (b) shall be administered and disposed of in accordance with the provisions of the instrument or Will setting forth the terms of the trust, including any amendments thereto made before the death of the testator (regardless of whether made before or after the execution of the testator's Will) and, if the testator's Will so provides, including any amendments to the trust made after the death of the testator. A revocation or termination of the trust before the death of the testator shall cause the devise or bequest to lapse. Section 2. Limitation of Duties and Responsibilities of Trustee .The Trustee or Trustees of a trust established by the testator or others shall not be required to inquire into or audit the acts or doings of the executor or executors of the testator's estate or to make any claim against such executor or executors unless so specifically directed in the trust instrument by the trustor or trustors. In the event said trustee or trustees are authorized or directed by the trustor or trustors in the trust instrument to pay or advance any part or all of the trust property to the executor or executors of the testator's estate for the payment of debts, taxes, and expenses of administrator of the testator's estate, said trustee or trustees shall not be liable for the application of said trust property so paid or advanced and shall not be liable for any act done or omitted to be done by said executor or executors with regard to such trust property. Section 3. Effect on Prior and Subsequent Wills .The provisions of this Act shall apply to all devises or bequests

Page 1070

made in the Will of a testator dying on or after the effective date of this Act, whether the Will is executed before or after the effective date of this Act. This Act shall not invalidate a devise or bequest to a Trustee made by a Will executed prior to the effective date hereof by a testator dying prior to the effective date hereof. Section 4. Interpretation .This Act shall be liberally construed and applied so as to effectuate its general purpose to provide for testamentary additions to trusts and to make uniform the law among the various jurisdictions. Section 5. Short Title .This Act may be cited as the Testamentary Additions to Trusts Act. Section 6. General Repealer .All laws and parts of laws in conflict with this Act are hereby repealed. Section 7. Severability .If any provision or clause of this Act or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the Act which can be given effect without the invalid provision or application, and to this end the provisions of this Act are declared to be severable. Section 8. Time of Taking Effect .This Act shall take effect on May 31, 1968. Approved April 8, 1968. WILLS AND ADMINISTRATION OF ESTATESRESIDUUM. Code 113-821 Amended. No. 1037 (House Bill No. 1043). An Act to amend Code section 113-821, relating to payment of debts and abatement of legacies when residuum is insufficient, so as to provide a residuary bequest or devise to a surviving widow in lieu of dower or year's

Page 1071

support or both, shall be subject to debts, taxes, expenses of administration and similar charges as if the bequest or devise were not in lieu of dower or year's support or both, to provide said Code section 113-821 as amended shall apply to Wills and Codicils of all persons dying after the effective date of this Act, to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 113-821, relating to payment of debts and abatement of legacies when residuum is insufficient, is hereby amended by adding at the end of the first sentence the following sentence: Unless otherwise provided in the Will, a bequest of the residuum or any part thereof, including a bequest to a widow in lieu of dower or year's support or both, shall be deemed a bequest of the net residuum or part thereof remaining after all debts and expenses of administration including taxes have been paid. so that, when so amended Code section 113-821 shall read as follows: Unless otherwise directed, the debts of a testator should be paid out of the residuum. Unless otherwise provided in the Will, a bequest of the residuum or any part thereof, including a bequest to a widow in lieu of dower or year's support or both, shall be deemed a bequest of the net residuum or part thereof remaining after all debts and expenses of administration including taxes have been paid. If the residuum proves to be insufficient, then general legacies shall abate pro rata to make up the deficiency. If they are insufficient, then specific legacies shall abate in the same manner. If the executor has assented to the legacies, and the legatees are in possession, after exhausting the assets in the hands of the executor, the creditor may proceed against each legatee for his pro rata share. For the payment of debts realty and personalty shall be alike liable. Section 2. This Act shall apply to all Wills and Codicils of persons dying after the effective date of this Act, even though executed prior thereto.

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Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 8, 1968. APPELLATE PROCEDURE ACT OF 1965 AMENDED. No. 1038 (House Bill No. 1044). An Act to amend an Act comprehensively revising appellate and other post trial procedure, approved February 19, 1965 (Ga. L. 1965, p. 18), as amended by an Act approved March 24, 1965 (Ga. L. 1965, p. 240), and an Act approved March 15, 1966 (Ga. L. 1966, p. 493), so as to redefine what judgments shall be subject to review; to provide for the method of review of orders and judgments; to provide that no appeal shall be dismissed except under certain conditions; to provide for dismissal by the court for inexcusable delay in the filing of the transcript or in transmitting the record to the appellate court; to provide for certain actions to perfect the appeal and record; to amend section 13, relating to the sufficiency of appeals, so as to further define the sufficiency of notice of appeal and enumeration of errors; to amend section 15, relating to joint appeals and motions so as to authorize separate enumerations of errors in certain instances and provide for the record and transcript of evidence and proceedings; to amend section 18, relating to service, so as to redefine same; to amend section 12, relating to preparation of the record; to amend section 14, relating to the enumeration of errors, so as to redefine same; to amend section 5, relating to filing of notice of appeal and cross appeal, so as to provide for the record; to provide that the failure of the court reporter to timely file the transcript of evidence and proceedings shall not affect the validity of the appeal except in stated circumstances; 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 comprehensively revising appellate and other post trial procedure, approved February 19, 1965 (Ga. L. 1965, p. 18), as amended by an Act approved March 24, 1965 (Ga. L. 1965, p. 240), and an Act approved March 15, 1966 (Ga. L. 1966, p. 493), is hereby amended by striking from section 1 (a), relating to judgments subject to review, subparagraphs (2) and (3) and substituting in lieu thereof the following: (2) Where the trial judge in rendering an order, decision or judgment not otherwise subject to direct appeal, certifies within ten (10) days of entry thereof that such order, decision or judgment is of such importance to the case that immediate review should be had; Judgments subject to review. (3) From all judgments involving applications for discharge in bail trover and contempt cases; from all judgments or orders directing that an accounting be had; from all judgments or orders granting or refusing application for receivers, or for interlocutory or final injunction; from all judgments or orders rendered after hearing, continuing in effect, modifying, vacating, or refusing to continue, modify or vacate a temporary restraining order; from all judgments or orders granting or refusing applications for attachment against fraudulent debtors; from all judgments or orders granting or refusing to grant applications for alimony, either temporary or permanent, mandamus or other extraordinary remedy; from all judgments or orders refusing applications for dissolution of corporations created by the superior courts; and from all judgments or orders sustaining a motion to dismiss a caveat to the probate of a will. (4) Review of orders and judgments with respect to motions for summary judgment shall be governed by Section 56(h), as amended, of the Georgia Civil Practice Act, approved March 18, 1966 (Ga. L. 1966, p. 609), as amended. Section 2. Said Act is further amended by striking section 13 (b) thereof, as amended, relating to dismissals, and by substituting in lieu thereof the following:

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(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 appealable; or (3) where the questions presented have become moot. No appeal shall be dismissed by the appellate court nor consideration of any error therein refused because of failure of any party to cause the transcript of evidence and proceedings to be filed within the time allowed by law or order of court, but the trial court may, after notice and opportunity for hearing, order that the appeal be dismissed where there has been an unreasonable delay in the filing of such transcript and it is shown that the delay was inexcusable and was caused by such party; and in like manner, the trial court may order the appeal dismissed where there has been an unreasonable delay in the transmission of the record to the appellate court, and it is seen that such delay was inexcusable and was caused by the failure of a party to pay costs in the trial court or file pauper's affidavit. At any stage of the proceedings, either before or after augument, the court shall by order, either with or without motion, provide for all necessary amendments, require the trial court to make corrections in the record or transcript or certify what transpired below which does not appear from the record on appeal, require that additional portions of the record or transcript of proceedings be sent up, or require that a complete transcript of evidence and proceedings be prepared and sent up, or take any other action to perfect the appeal and record so that the appellate court can and will pass upon the appeal and not dismiss it. Dismissal of appeals, etc. Section 3. Section 13 of said Act, as amended, relating to service and sufficiency of an appeal, is hereby amended by adding thereto a paragraph to be known as paragraph (d) to read as follows: (d) Where it is apparent from the notice of appeal, the record, the enumeration of errors, or any combination of the foregoing, what judgment or judgments were appealed from or what errors are sought to be asserted upon

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appeal, the appeal shall be considered in accordance therewith notwithstanding that the notice of appeal fails to specify definitely the judgment appealed from or that the enumeration of errors fails to enumerate clearly the errors sought to be reviewed. An appeal shall not be dismissed nor consideration thereof refused because of failure of the court reporter to file the transcript of evidence and proceedings within the time allowed by law or order of court, unless it affirmatively appears from the record that such failure was caused by the appellant. Intent. Section 4. Section 15 of said Act, relating to joint appeals and joint motions, is hereby amended by adding at the end thereof the following: Where joint appeals are filed, the parties thereto may nevertheless be entitled but not required, to file separate enumerations of errors in the appellate court. When separate appeals, motions for new trial or motions for judgment notwithstanding the verdict are filed, only one transcript of evidence and proceedings (where required), and only one record need be prepared, filed or transmitted to the appellate court (as the case may be). In such cases, the court shall by order specify the division of costs between the parties, so that said section as so amended shall read as follows: Section 15. Whenever two or more persons are defendants or plaintiffs in an action and a judgment, verdict, or decree has been rendered against each of them, jointly or severally, or where two or more cases are tried together, the plaintiffs or defendants, as the case may be, shall be entitled, but not required, to file joint appeals, motions for new trial, motions in arrest, motions to set aside, and motions for judgment notwithstanding the verdict, without regard to whether the parties have a joint interest, or whether the cases were merely consolidated for purposes of trail, or whether the cases were simply tried together without an order of consolidation. The rule shall apply to both civil and criminal cases. Where joint appeals are filed, the parties there may nevertheless be entitled, but not

Page 1076

required, to file separate enumerations of errors in the appellate court. When separate appeals, motions for new trial or motions for judgment notwithstanding the verdict are filed, only one transcript of evidence and proceedings (where required), and only one record need be prepared, filed or transmitted to the appellate court (as the case may be). In such cases, the court shall by order specify the division of costs between the parties. Joint appeals. Section 5. Section 18 of said Act, as amended, relating to service, is hereby amended by striking said section, and by substituting in lieu thereof the following: 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. (b) Service of any notice, motion or other paper provided for in this Act may be waived or acknowledged either before or after filing. Section 6. Section 12 of said Act, relating to preparation of the record on appeal, is hereby amended by adding

Page 1077

thereto a new paragraph to be known as paragraph (c), as follows: (c) Where transcript of evidence and proceedings is already on file at the time the notice of appeal is filed, as where such transcript was previously filed in connection with a motion for new trial or for judgment notwithstanding the verdict, the clerk shall cause the record and transcript (where specified for inclusion), to be transmitted as hereinbefore provided, within twenty (20) days after the filing of the notice of appeal. Time of transmitting record, etc. Section 7. Section 5 of said Act, as amended, relating to filing of notice of appeal and cross appeal, is hereby amended by designating existing section 5 as paragraph (a) thereof, and by adding thereto a new paragraph to be known as paragraph (b), as follows: (b) Where cross appeal is filed, only one record and, where specified, only one transcript of evidence and proceedings need be prepared and transmitted to the appellate court, but the cross appellant may, at his election, require that such a separate record (and transcript, if required) be transmitted. Where cross appeal is filed and only one record (and transcript where required) is sent up, the court shall by order provide for the division of costs therefor between the parties, if they are unable to do so by agreement. Cross appeals. Section 8. Section 14 of said Act, as amended, relating to the enumeration of errors, is hereby amended by striking said section and by substituting in lieu thereof the following: Section 14. The appellant and cross appellant shall file with the clerk of the Appellate Court at such time as may be prescribed by its rules, an enumeration of the errors, which shall set out separately each error relied upon. The enumeration need not set out or refer to portions of the record on appeal, shall be concise, and need not conform to the assignments of error abolished by these rules. It shall be served upon the appellee or cross appellee in the

Page 1078

manner prescribed in section 18 hereof, need not have approval of the trial court, and when filed shall become a part of the record on appeal. The Appellate Court, by rule, may permit such enumeration to be made a part of the brief. Enumeration of errors. Section 9. 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), as further amended by an Act approved February 19, 1966 (Ga. L. 1966, p. 493), is hereby amended by striking therefrom section 17 thereof and substituting in lieu thereof the following: Section 17. (a) Except as otherwise provided in this section, in all civil cases, no party may complain of the giving or the failure to give an instruction to the jury, unless he objects thereto before the jury returns its verdict, stating distinctly the matter to which he objects and the grounds of his objection. Opportunity shall be given to make the objection out of the hearing of the jury, and objection need not be made with the particularity of assignments or error (abolished by this Act) and need only be as reasonably definite as the circumstances will permit. The provisions of this section shall not apply in criminal cases. (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. Errors in court's charge. (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.

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Section 10. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 8, 1968. GEORGIA INTERDEPARTMENTAL COUNCIL OF THE HANDICAPPED. No. 1039 (House Bill No. 1063). An Act to create the Georgia Interdepartmental Council on the Handicapped; to provide for the membership of said Council; to provide for the powers and responsibilities of said Council; to provide that said Council may promulgate rules and regulations for its own government; to provide for the organizational meeting of said Council; to provide that the Governor shall serve as temporary Chairman for the purpose of calling said organizational meeting; to provide that said Council shall meet at least once during each calendar month; to provide that the members of said Council shall not receive additional compensation for their services on the Council but shall be reimbursed for actual and necessary expenses incurred in the performance of their duties; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. There is hereby created the Georgia Inter-departmental Council on the Handicapped, hereinafter referred to as the Council. The Council shall be composed of twelve members as follows: The State Superintendent of Schools and one official or employee of the State Department of Education designated by the Superintendent of Schools; the Director of the Department of Family and Children Services and one official or employee of the Department of Family and Children Services designated by the Director of said Department; the Director of the State Department of Public Health and one official or employee

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of the Department of Public Health designated by the Director of said Department; the Director of the Department of Corrections and one official employee of the Department of Corrections designated by the Director of said Department; the Commissioner of Labor and one official or employee of the Department of Labor designated by said Commissioner; the Chancellor of the Board of Regents and one official or employee of the Board of Regents designated by said Chancellor. Created, members. Section 2. The Council shall have the following powers and responsibilities: (a) To promulgate rules and regulations for its own government, including rules and regulations governing the election of officers, other than the Chairman who shall be elected as provided in section 3 of this Act, and for the establishment of a quorum for the transaction of business; Powers. (b) To make a thorough study regarding the services being provided for the handicapped of Georgia by the various departments and agencies of the State government and by private associations in an effort to better coordinate such services to avoid duplication and inefficiency. (c) To make advisory recommendations, from time to time, to the heads of the various departments of the State government providing services for the handicapped regarding the steps that should be taken by such departments to coordinate, expand and make more efficient services for the handicapped; (d) To make an annual report to the General Assembly and to the heads of the various departments providing services for the handicapped setting forth recommendations and suggested legislation, when necessary or desirable, regarding the steps that should be taken by the General Assembly or said departments or by the General Assembly and said departments to coordinate, expand and make more efficient the services for the handicapped of Georgia. Such report shall be made during the first week of each annual session of the General Assembly.

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(e) To devise a plan for the creation of a central referral and information agency regarding all services available to the handicapped of Georgia on the State and local level. Such plan shall be included in the first annual report to the General Assembly and to the department heads; (f) To devise a plan for the coordination of services for the handicapped on the local, district or regional level. Such plan shall be included in the first annual report to the General Assembly and to the department heads. Section 3. The organizational meeting of the Council shall be called by the Governor of Georgia within thirty days after the effective date of this Act. The Governor is hereby designated temporary Chairman of said Council only for the purpose of calling said organizational meeting and presiding until a permanent Chairman is elected by a majority vote of all members of the Council. After the organizational meeting of the Council, meetings shall be called and held in accordance with rules and regulations adopted by the Council at the organizational meeting, but such rules and regulations shall provide for at least one meeting of the Council during each calendar month. Chairman, meetings. Section 4. The members of the Council shall not receive any additional compensation for their services on the Council but shall be reimbursed for any actual and necessary expenses incurred in the performance of their duties. Compensation. Section 5. This Act shall become effective on the first day of the month following its approval by the Governor or its otherwise becoming law. Effective date. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 8, 1968.

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GEORGIA HIGHER EDUCATION ASSISTANCE COMMITTEE. No. 1040 (House Bill No. 1065). An Act to create the Georgia Higher Education Assistance Committee; to provide for the composition of said Committee; to provide for the qualifications and compensation of members of the Committee; to provide for terms of office for Committee members; to provide for the powers, duties and responsibilities of the Committee; 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. There is hereby created a Committee which shall be known as the Georgia Higher Education Assistance Committee. Said Committee shall be composed of sixteen (16) members, and the members thereof shall be the same persons who serve as members of the board of directors of the Georgia Higher Education Assistance Corporation. Said Committee members shall serve for a term which shall be the same as and which shall run concurrently with their term of appointment to the board of directors of the Georgia Higher Education Assistance Corporation, as provided in the Act creating the Corporation (Ga. L. 1965, p. 217), as amended, and said term shall expire upon expiration of their term on the board of directors of said Corporation. Qualifications of Committee members shall be the same as qualifications provided by law for members of the board of directors of said Corporation. Committee members shall receive as compensation for their services a per diem of twenty ($20.00) dollars and expenses for travel and lodging. Members of the Committee who are State employees shall receive no compensation for their services, but shall be reimbursed for expenses incurred by them in the performance of their duties under this Act as hereinafter provided. Created, members, etc. Section 2. The Georgia Higher Education Assistance Committee, as provided for herein, shall stand created by

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law automatically upon the effective date of this Act. The initial members of the Committee shall be those persons who are serving as members of the board of directors of the Georgia Higher Education Assistance Corporation upon the effective date of this Act. Said members shall continue to serve as members of the Committee during continuation of their membership on the board of directors of the Corporation. Thereafter, their successors in office shall be those persons serving as members of the board of directors of the Corporation as provided for in section 1 of this Act. Upon the effective date of this Act, said Committee, as herein provided for, shall become successor to and be regarded as a continuation of the Georgia Higher Education Assistance Committee appointed by Executive Order of the Governor dated May 24, 1965, the actions of which are hereby ratified. Effective date, etc. Section 3. The Georgia Higher Education Assistance Committee is created within the Executive Branch of State Government, and shall be an agency of the State of Georgia and a budget unit thereof. The Committee shall be authorized collectively to receive and disburse funds which may be made available to the Committee by the General Assembly of Georgia or otherwise for purposes described in the Act creating the Georgia Higher Education Assistance Corporation (Ga. L. 1965, p. 217), as amended, and shall be authorized to contract with the Georgia Higher Education Assistance Corporation for the purpose of enabling or otherwise assisting the Corporation in carrying out its corporate purposes as provided in said law. Agency of State, etc. Section 4. The Committee shall elect from its own members a Chairman and Vice-Chairman who shall serve for the term of one year and who shall be eligible for reelection for successive terms. The Committee shall elect one of its own members or some other responsible person to act as treasurer. The treasurer shall receive and disburse funds made available to the Committee by the General Assembly of Georgia or otherwise as directed by the Committee. The treasurer shall give a fidelity bond in such sum as the Committee may deem advisable, said bond to be conditioned upon the true and faithful performance of his duties and

Page 1084

proper accounting of all funds received and disbursed by the treasurer. The Committee shall be authorized to pay the premium cost of such bond. Chairman, etc. Section 5. The Committee shall adopt operating procedures which shall provide for the holding of regular and special meetings as may be required, and for the conduct of all business to come before the Committee. Meetings, etc. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 8, 1968. ANHYDROUS AMMONIA CLASSIFIED AS HAZARDOUS SUBSTANCE. No. 1042 (House Bill No. 1074). An Act to amend an Act creating the office of Georgia Safety Fire Commissioner, approved February 25, 1949 (Ga. L. 1949, p. 1057), as amended, so as to change the classification of anhydrous ammonia from the category of a highly flammable substance to the proper classification of a hazardous substance, since there is a certain element of hazard in its use, storage and transportation unless recognized safe practices are observed, and to eliminate the erroneous classification of anhydrous ammonia in the present law since it is not a highly flammable substance but rather is classified a as non-flammable compressed gas by the ICC and is generally stored, transported and handled as such; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of Georgia Safety Fire Commissioner, approved February 25, 1949 (Ga. L. 1949, p. 1057), as amended, is hereby amended by striking

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section 12 in its entirety and inserting in lieu thereof a new section 12 to read as follows: Section 12. (a) Some substances constitute a special hazard to property and to life and safety of persons because of certain characteristics and properties incident to their storage, handling and transportation. Substances presenting such special hazard include gasoline, kerosene and other flammable liquids, liquefied petroleum gases, welding and other gases, dry cleaning fluids, anhydrous ammonia, and other gases, liquids, or solids of highly flammable or hazardous nature. (b) Every person who stores, transports or handles any of the foregoing hazardous substances shall so store, transport and handle the same as to afford every precaution and protection as may be found by the Commissioner to be reasonable and practical to avoid injury to persons from exposure, or fire or explosion caused by storage, transportation and handling of these substances, including transportation thereof only in vehicles which are in proper condition for that purpose. (c) The Commissioner is directed to investigate the nature and properties of such hazardous substances and the known precautionary and protective techniques for their storage, transportation and handling including, but not limited to the codes and standards adopted, recommended or issued by the National Fire Protection Association and the Agricultural Nitrogen Institute (formerly Agricultural Ammonia Institute), and, based upon such investigation, the Commissioner is authorized to determine and by rule provide what precautionary and protective techniques are reasonable and practical measures for the prevention of injury to persons and property from the storage, transportation and handling of such highly flammable or hazardous substances, including the power to provide, by rule, the minimum standards that a vehicle shall meet before it is considered to be in proper condition to transport such material. No person shall transport any such material or substance in bulk unless the vehicle in which the same is transported

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is in proper condition provided by such rules, to transport such material with reasonable safety. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 8, 1968. ACT REGULATING CHARGES ON SECONDARY SECURITY DEEDS AMENDED. No. 1043 (House Bill No. 1077). An Act to amend an Act regulating charges and interest on loans secured by secondary security deeds on certain residential property subject to a prior lien or security deed approved March 16, 1966 (Ga. L. 1966, p. 574), as amended by an Act approved April 14, 1967 (Ga. L. 1967, p. 637), so as to clarify the provisions relating to secondary security instruments; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to amend an Act regulating charges and interest on loans secured by secondary security deeds on certain residential property subject to prior lien or security deed approved March 16, 1966 (Ga. L. 1966, p. 574), as amended by an Act approved April 14, 1967 (Ga. L. 1967, p. 637), is hereby amended by striking section 1 in its entirety and inserting in lieu thereof the following: Section 1. No person, copartnership, association, trust, corporation or other legal entity shall directly or indirectly charge, take or receive for a loan secured in whole or in part by a security deed, mortgage, or other security instrument, other than a first security deed, first mortgage or other first security instrument, on residential real estate improved by the construction thereon of housing consisting of four or less family dwelling units, executed by an individual

Page 1087

or individuals, a rate of charge, as herein defined, in addition to interest at a rate hereinafter authorized, whether payable directly to the lender or to a third party in connection with such loan, which in the aggregate is greater than ten percent (10%) of the principal amount of the loan as hereinafter defined. 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 percent (10%) but shall not be greater than one hundred fifty dollars ($150.00). Provided that if a renewal or additional loan shall be made to the same borrower within thirty-six months after the original loan, or after the previous renewal or additional loan, the borrower shall receive a rebate from the previously charged rate of charge in accordance with the Standard Rules of 78 based upon a thirty-six month term regardless of the actual term of the original loan, renewal thereof, or additional loan. The borrower shall further have the right to anticipate payment of his debt in whole or in part at any time and shall receive a rebate of the 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 aforesaid rate of charge, 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. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 8, 1968.

Page 1088

THE RETAIL INSTALLMENT AND HOME SOLICITATION SALES ACT AMENDED. No. 1044 (House Bill No. 1078). An Act to amend an Act known as The Retail Installment and Home Solicitation Sales Act approved April 18, 1967 (Ga. L. 1967, p. 659), so as to redefine certain terms; to clarify the construction of the Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to amend an Act known as The Retail Installment and Home Solicitation Sales Act approved April 18, 1967 (Ga. L. 1967, p. 659), is hereby amended by striking from section 2 (a) (1) the semi-colon and words; if no security deed is taken thereon, so that when so amended section 2 (a) (1) shall read as follows: Section 2. (a) (1). `Goods' means all personalty when purchased primarily for personal, family or household use, including certificates or coupons issued by a retail seller exchangeable for personalty or services, but not including motor vehicles. The term `goods' includes such personalty which is furnished or used at the time of sale or subsequently, in the modernization, rehabilitation, repair, alteration, improvement or construction of real property as to become a part thereof, whether or not severable therefrom. Goods defined. Section 2. Said Act is further amended by striking from section 2 (a) (3) the semi-colon and words; if no security deed is taken thereon, so that section 2 (a) (3) when so amended shall read as follows: Section 2. (a) (3). `Services' means work or labor furnished for personal, family or household use, whether or not furnished in connection with the delivery, installation, servicing, repair or improvement of goods, and includes such work or labor furnished in connection with the modernization, rehabilitation, repair, alteration, improvement or construction upon or in connection with the real property. Services defined.

Page 1089

Section 3. Said Act is further amended by striking the period and inserting at the end of section 11 the following: ; nor shall any of the provisions of the loan or interest statutes of this State affect or apply to any retail installment and home solicitation sale., so that section 11 when so amended shall read as follows: Section 11. Construction of Act . Nothing contained in this Act shall be construed so as to amend, modify, supersede or repeal an Act relating to charges and interest on loans secured by secondary security deeds, approved March 16, 1966 (Ga. L. 1966, p. 577), as now or hereafter amended, nor shall any of the provisions of the loan or interest statutes of this State affect or apply to any retail installment and home solicitation sale. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 8, 1968. INSURANCEUNINSURED MOTOR VEHICLES DEFINED, ETC. Code 56-407A Amended. No. 1045 (House Bill No. 1090). An Act to amend Code section 56-407A, relating to motor vehicle liability insurance requirements and uninsured motor vehicle coverage, as amended by an Act approved March 10, 1964 (Ga. L. 1964, p. 306), and an Act approved April 11, 1967 (Ga. L. 1967, p. 463), so as to provide that motor vehicles covered by certain liability insurance policies shall be deemed uninsured motor vehicles if the insurance company writing the policy is insolvent; to provide protections for an insurer under the uninsured motorists endorsement provisions of this Code section

Page 1090

with respect thereto; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 56-407A, relating to motor vehicle liability insurance requirements and uninsured motor vehicle coverage, as amended by an Act approved March 10, 1964 (Ga. L. 1964, p. 306), and an Act approved April 11, 1967 (Ga. L. 1967, p. 463), is hereby amended by striking from subsection (b) the following: at the time of, or becoming insolvent during the twelve months following the accident,, so that when so amended subsection (b) of said Code section shall read as follows: (b). As used in this section, the term `bodily injury' shall include death resulting therefrom; the term `property of the insured' as used in subsection (a) hereof means the insured motor vehicle and includes the personal property owned by the insured and contained therein; the term `insured' means the name insured and, while resident of the same household, the spouse of any such named insured, and relatives of either, while in a motor vehicle or otherwise, and any person who uses, with the consent, expressed or implied of the named insured, the motor vehicle to which the policy applies, and a guest in such motor vehicle to which the policy applies, or the personal representatives of any of the above; and the term `uninsured motor vehicle' means a motor vehicle, other than a motor vehicle owned by or furnished for the regular use of the named insured, the spouse of any such named insured, and while residents of the same household, the relative of either, as to which there is (i) no bodily injury liability insurance and property damage liability insurance or as to which there is bodily injury liability insurance and property damage liability insurance with limits less than the amounts specified in subsection (a) of this section, but it will be considered uninsured only for that amount between the limit carried and the limit required in subsection (a) of this section, or (ii) there is such insurance in existence but

Page 1091

the insurance company writing the same has legally denied coverage thereunder, or is unable because of being insolvent to make payment with respect to the legal liability of its insured within the limits specified in subsection (a) of this section, or (iii) there is no bond or deposit of cash or securities in lieu of such bodily injury and property damage liability insurance. A motor vehicle shall be deemed to be uninsured if the owner or operator thereof be unknown; provided, that recovery under the endorsement or provisions shall be subject to the conditions hereinafter set forth; provided, that, in order for the insured to recover under the endorsement where the owner or operator of any motor vehicle which causes bodily injury or property damage to the insured is unknown, actual physical contact must have occurred between the motor vehicle owned or operated by such unknown person and the person or property of the insured. Definitions. Section 2. Said Code section is further amended by adding at the end thereof a new subsection to be known as subsection (g) and to read as follows: (g) Before a motor vehicle shall be deemed to be uninsured because of the insolvency of an insurance company under subsection (b) (ii), an insurer under the uninsured motorists endorsement provisions of this Code section must be given notice within a reasonable time by its insured of the pendency of any legal proceeding against such insurance company of which he may have knowledge and before such insured enters into any negotiation or arrangement with such insurance company and before such insurer is prejudiced by any action or nonaction of the insured with respect to the determinations of the insolvency of such insurance company. Uninsured motor vehicles. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 8, 1968.

Page 1092

STATE BOARD OF CORRECTIONSSALE OF GOODS MANUFACTURED BY INMATES. No. 1047 (House Bill No. 1118). An Act to amend an Act to comprehensively and exhaustively revise, supersede and consolidate the laws relating to the State Board of Corrections and to prisons, public works camps and prisoners, approved February 20, 1956 (Ga. L. 1956, p. 161), as amended, particularly by an Act approved March 13, 1957 (Ga. L. 1957, p. 477), so as to authorize the sale of certain goods created by inmates; to authorize the State Board of Corrections to promulgate rules and regulations governing such sales; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to comprehensively and exhaustively revise, supersede and consolidate the laws relating to the State Board of Corrections and to prisons, public works camps and prisoners, approved February 20, 1956 (Ga. L. 1956, p. 161), as amended, particularly by an Act approved March 13, 1957 (Ga. L. 1957, p. 477), is hereby amended by adding to section 22 thereof a new subsection to be known as subsection (f) to read as follows: (f) Any provision of this Act to the contrary notwithstanding, any inmate of any prison or public works camp operated under the jurisdiction of the State Board of Corrections may sell goods, wares, and merchandise created by such inmate through the pursuit of a hobby or recreational activity. The proceeds from such sales shall be distributed to the particular inmate who created such goods, wares, or merchandise. The State Board of Corrections is hereby authorized to promulgate rules and regulations governing the sale of such goods, wares, and merchandise and the distribution of the proceeds from such sales. All goods, wares and merchandise created by such inmate must be sold within the prison or on the prison grounds during visiting hours, or when on off duty assignments.

Page 1093

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 8, 1968. WILLS AND ADMINISTRATION OF ESTATESDOWER RIGHTS, ETC. Code 113-903 Amended. No. 1048 (House Bill No. 1132). An Act to amend section 113-903 of the Code of Georgia of 1933, which establishes rules of inheritance, by more clearly defining the rights of the wife upon the death of the husband intestate; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That section 113-903 of the Code of Georgia of 1933, which establishes rules of inheritance, be amended by striking subparagraph (3) thereof, and inserting in lieu of the subparagraph so stricken, a new subparagraph (3), as follows: (3) If, upon the death of the husband, there are children, or representatives of deceased children, the wife shall have a child's part, unless the shares exceed five in number, in which case the wife shall have one-fifth part of the estate. No election by the wife shall be necessary to entitle her to such portion of the husband's estate, but she shall be entitled thereto as a matter of law, unless she shall, within twelve months from the death of the husband, notify the administrator that she elects to take her dower, or, if there be no administrator, file such notice in the office of the ordinary of the county. If such notice is given, the wife shall have no interest in the realty beyond her dower rights, but such election shall not affect her rights under this section with respect to the personal property of the decedent.

Page 1094

Section 2. That all laws or parts of laws in conflict with this Act are hereby repealed. Approved April 8, 1968. PIKE COUNTY SUPERIOR COURTTERMS. No. 1049 (House Bill No. 1151). An Act to change the terms of the superior court of Pike County; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. For the year 1968, the terms of the superior court of Pike County shall be on the third and fourth Mondays in February and November. Beginning with the year 1969 and for each year thereafter, the terms of said court shall be on the third and fourth Mondays in April and November. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 8, 1968. LUMBER AND LOGS HAULED ON PUBLIC HIGHWAYS. No. 1050 (House Bill No. 1159). An Act to amend an Act providing for the chaining or cabling of loads of pulpwood, logs and lumber transported on the public highways of this State, approved March 13, 1957 (Ga. L. 1957, p. 379), so as to change the number of chains or cables which secure pulpwood to the vehicle on which it is being transported; to provide for the size of chains or cables which secure logs and lumber to the vehicle on which it is being transported; to provide the

Page 1095

chains or cables shall be secured by a tightening device; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for the chaining or cabling of loads of pulpwood, logs and lumber transported on the public highways of this State, approved March 13, 1957, (Ga. L. 1957, p. 379), is hereby amended by striking sections 1 and 2 in their entirety and substituting in lieu thereof new sections 1 and 2 to read as follows: Section 1. Each load of pulpwood transported on any vehicle with permanent or fixed metal standards upon any public road or highway in this State shall be secured with no less than one binder chain at least 5/16 of an inch in size or a cable equivalent to the strength of such chain, to be located approximately along the center of the load. The chain or cable shall be equipped with a tightening device. All pallets or racks must be bound to the frame or body of the truck at the bottom. The driver shall be required to check to be sure that this chain or cable is tight and secure before departing the point of origin and again before entering any State or Federal highways. Each load of pulpwood transported on any vehicle with removable or wood standards upon any public road or highway in this State shall be secured with not less than one binder chain of at least 5/16 of an inch in size or cables equivalent to the strength of the chains. The binder chains or cables shall have a tightening device, and are to be fastened to the body or frame of the vehicle transporting the pulpwood at the front of and rear of the load. Section 2. Each load or unit of logs transported upon any public road in this State shall be securely chained or cabled together with not less than two (2) chains at least 5/16 of an inch in size or cable equivalent thereto. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 8, 1968.

Page 1096

STATE DEPARTMENT OF VETERANS SERVICERECORDS. No. 1051 (House Bill No. 1170). 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), as amended, so as to provide that the director shall maintain full, adequate and complete copies of all records pertaining to claims on veterans who file claims for veterans' benefits through the department; 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), as amended, is hereby amended by striking section 9 in its entirety and inserting in lieu thereof a new section 9 to read as follows: Section 9. The director shall maintain full, adequate and complete copies of all records pertaining to claims on veterans who file claims for veterans' benefits through the department. Records. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 8, 1968.

Page 1097

GEORGIA HEALTH CODE, HOSPITAL AUTHORITIES LAW AMENDEDINTEREST RATES ON BONDS. Code 88-1809 Amended. No. 1052 (House Bill No. 1176). An Act to amend the Act of the General Assembly known as the Georgia Health Code, approved March 18, 1964 (Ga. L. 1964, p. 499), as amended, by amending section 88-1809 of the chapter referred to therein as Hospital Authorities Law by changing the provision limiting the maximum interest rate or rates which revenue certificates of hospital authorities may bear from six per centum per annum to seven per centum per annum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of same: Section 1. An Act of the General Assembly known as the Georgia Health Code, approved March 18, 1964 (Ga. L. 1964, p. 499), as amended, is hereby amended by deleting from section 88-1809 of the Chapter referred to therein as Hospital Authorities Law the provision which reads, not exceeding six per centum per annum and inserting in lieu thereof the words not exceeding seven per centum per annum so that when so amended section 88-1809 shall read as follows: Section 88-1809. Same; authorization; series; maturity; interest .Certificates of an Authority shall be authorized by its resolution and may be issued in one or more series and shall bear such date or dates; mature at such time or times; bear interest at such rate or rates not exceeding seven per centum per annum; be in such denomination or denominations; be in such form, either coupon or registered; carry such conversion or registration privileges; have such rank or priority; be executed in such manner; be payable in such medium of payment, at such place or places; and be subject to such terms of redemption, with or without premium, as such resolution, its trust indenture, or mortgage

Page 1098

may provide; and in case any of the members or officers of the Authority whose signatures appear on any certificates or coupons shall cease to be such members or officers before the delivery of such certificates, such signatures shall nevertheless be valid and sufficient for all purposes. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 8, 1968. GEORGIA HEALTH CODE, HOSPITAL AUTHORITIES LAW AMENDEDBONDS. Code 88-1812 Amended. No. 1053 (House Bill No. 1177). An Act to amend the Act of the General Assembly known as the Georgia Health Code, approved March 18, 1964 (Ga. L. 1964, p. 499), as amended by an Act approved April 14, 1967 (Ga. L. 1967, p. 552), by deleting section 88-1812 of the Chapter referred to therein as Hospital Authorities Law and inserting in lieu thereof a new section 88-1812, so as to provide for the use of general funds or tax revenues derived from the levy of an ad valorem tax not exceeding seven (7) mills by cities, counties and participating subdivisions to pay the cost of services and facilities furnished by Hospital Authorities to cities, counties and participating subdivisions under contracts with Hospital Authorities; to provide for the determination of the cost of such services and facilities under said contracts; to provide for an additional levy of two (2) mills which may be used to pay the cost of paying debt service and debt service reserve on authority obligations including outstanding past due obligations; to empower counties to require authorities to conform to budgetary procedures binding upon counties; to provide for the expiratioin of the additional two (2) mill levy after April 14, 1969; to provide for severability; to repeal all laws in conflict therewith; and for other purposes.

Page 1099

Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of same: Section 1. The Act of the General Assembly known as the Georgia Health Code, approved March 18, 1964 (Ga. L. 1964, p. 499), as amended by an Act approved April 14, 1967 (Ga. L. 1967, p. 552), be and the same is hereby amended by deleting therefrom section 88-1812 of the Chapter referred to therein as Hospital Authorities Law and inserting in lieu thereof a new section 88-1812 to read as follows: 88-1812. Authority without power to tax; levy of tax by counties, cities and towns .An authority shall have no power to tax, but upon the adoption of the resolution by the governing body or bodies of participating units or subdivisions as herein provided and the execution of a contract for the use of facilities and services of the authority by political subdivisions or participating units as hereinafter authorized, provision shall be made annually by such participating units or political subdivisions contracting with an authority for the payment for the services and facilities of the authority used by the participating units or subdivisions of the residents thereof out of general funds of the participating units or subdivisions or out of tax revenues realized for the purpose of providing medical care or hospitalization for the indigent sick and others entitled to the use of the services and facilities of the authority. For the purpose of providing such tax revenues there is hereby authorized to be levied an ad valorem tax not exceeding seven (7) mills, exclusive of all other taxes which may be levied by counties or by cities or by towns, from which revenues when realized there shall be appropriated annually sums sufficient to pay for the cost of the use of the services and facilities of authorities by participating subdivisions or the residents thereof pursuant to the provisions and covenants of the contract between such participating units and subdivisions and authorities. In determining the cost of such services and facilities furnished pursuant to such contract there may be included, but with out limiting same, the cost of acquiring, constructing, altering, repairing, renovating, improving and equipping projects as in this Chapter define, principal, interest and sinking fund and other reserve requirements in connection with the

Page 1100

issuance of revenue certificates, bonds or obligations by authorities to finance, in whole or in part, the cost of projects and the payment of expenses incident thereto, the cost of operating, maintaining and repairing such projects and the cost of retiring, refinancing or refunding any outstanding debt or other obligation of any nature incurred by such authorities. In addition to the aforesaid seven (7) mill levy, counties, cities, or towns which have executed contracts with hospital authorities are hereby authorized to levy annually an additional ad valorem tax not exceeding two (2) mills exclusive of all other taxes, from which additional revenues, when realized, there shall be appropriated sums to be used to pay for the cost of acquiring, constructing, equipping, altering, modernizing, or repairing by authorities of any project as defined in this Chapter, pursuant to the contract between such participating subdivisions and an authority, and/or to pay the cost of retiring, refinancing, or refunding any outstanding debt or other obligation of any nature incurred by such authority, provided that outstanding debts shall be ninety (90) days past due, such cost including but not being limited to the principal and interest, and sinking fund and reserve requirements, on revenue certificates or bonds issued by authorities to acquire, construct, equip, alter, modernize, or repair such projects: Provided, further, the foregoing authorization to levy up to two (2) mills additional tax is not intended and shall not be construed as a limitation, reduction, or restriction with respect to the levy and use of the aforesaid seven (7) mill tax first provided in this section. Whenever the fiscal operations of any county falling within the classification of this Act are governed by any statutory budget law applicable to the fiscal affairs and budget of such county, the governing authorities of such county shall have full power and authority hereunder to require the hospital authority to conform, in whole or in part, to the same budgetary procedures as are made binding by statute upon the county government itself.

Page 1101

Section 2. The provisions of the second paragraph of section 88-1812, above, as to the additional two (2) mill levy shall expire after April 14, 1969, and the limitation of seven (7) mills shall thereafter apply. Intent. Section 3. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutioinal was not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Severability. Section 4. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved April 8, 1968. UNIFORM COMMERCIAL CODE AMENDEDSALES BY AUCTION. Code 109A-2-328 Amended. No. 1054 (House Bill No. 1195). An Act to amend Code section 109A-2-328, relating to sale by auction, so as to provide that in sales by auction the auctioneer shall be considered agent of both parties so far as to dispense with any further memorandum in writing other than his own entries; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 109A-2-328, relating to sale by auction, is hereby amended by adding at the end of subsection (2) the following:

Page 1102

In sales by auction the auctioneer shall be considered agent of both parties so far as to dispense with any further memorandum in writing than his own entries., so that when so amended subsection (2) of Code section 109A-2-328 shall read as follows: (2) A sale by auction is complete when the auctioneer so announces by the fall of the hammer or in other customary manner. Where a bid is made while the hammer is falling in acceptance of a prior bid the auctioneer may in his discretion reopen the bidding or declare the goods sold under the bid on which the hammer was falling. In sales by auction the auctioneer shall be considered agent of both parties so far as to dispense with any further memorandum in writing than his own entries. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 8, 1968. TAX ON TRANSFER OF REAL PROPERTYEXEMPTIONS. No. 1055 (House Bill No. 1197). An Act to amend an Act providing for a tax on certain deeds, instruments, or other writings transferring real estate, approved April 18, 1967 (Ga. L. 1967, p. 788), so as to exempt deeds of gift or any instrument or writing from said tax which is executed by any agency of the State of Georgia or the U. S. Government or by any political subdivision of either of them, or by any public corporation or authority; to provide that this exemption shall not apply to any profit making public corporation and that the exemption shall not be exercised unless the total consideration of the transfer appear; to provide that the tax shall not apply to instruments or writings which convey no

Page 1103

more than a leasehold interest in standing timber; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for a tax on certain deeds, instruments, or other writings transferring real estate, approved April 18, 1967 (Ga. L. 1967, p. 788), is hereby amended by adding at the end of section 3 the following: ; nor shall said tax apply to any deed of gift or to any instrument or writing executed by any agency of the State of Georgia or the U. S. Government or by any political subdivision of either of them, or by any public corporation or authority. Provided, however, this exemption shall not apply to any profit making public corporation and in order to exercise the exemption the total consideration of the transfer shall be shown. Provided further that the tax imposed by Section 1 shall not apply to any instrument or writing which conveys no more than a leasehold interest in standing timber., so that when so amended section 3 shall read as follows: Section 3. The tax imposed by section 1 of this Act shall not apply to any instrument or writing given to secure a debt; nor shall said tax apply to any deed of gift or to any instrument or writing executed by any agency of the State of Georgia or the U. S. Government or by any political subdivision or either of them, or by any public corporation or authority. Provided, however, this exemption shall not apply to any profit making public corporation and in order to exercise the exemption the total consideration of the transfer shall be shown. Provided further that the tax imposed by Section 1 shall not apply to any instrument or writing which conveys no more than a leasehold interest in standing timber. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 8, 1968.

Page 1104

CIVIL PRACTICE ACT OF 1966 AMENDED. No. 1057 (House Bill No. 1230). An Act to amend an Act comprehensively and exhaustively revising, superseding and modernizing pretrial, trial and certain post trial procedures in civil cases, approved March 18, 1966 (Ga. L. 1966, p. 609) as amended by an Act approved March 30, 1967 (Ga. L. 1967, p. 226), so as to provide for service by publication when so ordered by the court; to provide that service may be effective in cases involving less than $200.00 by leaving a copy of the summons and complaint at the most notorious place of abode; to provide that the clerk shall mail a copy of the order for service by publication to the non-resident or absent party in lieu of a copy of the summons; to clarify the provisions relating to waiver or preservation of certain defenses; to provide that a party may amend his pleadings at any time before the entry of a pretrial order; to provide that a party may amend his pleadings after the entry of a pretrial order only by leave of court or by written consent of the adverse party; to remove the language which requires the court to recite in its pretrial order the amendments allowed to the pleadings; to provide that no action shall be dismissed on the ground that it was not prosecuted in the name of the real party in interest until a reasonable time has elapsed; to clarify the provisions relating to joinder of claims; to change the provisions relating to right to intervene in an action; to provide that no divorce case may be tried in chambers until after the last day for filing defense pleadings; to provide for notice in his pleadings or other written notice by a party who intends to raise at trial an issue concerning the law of another state or of a foreign country; to provide for the determination of such law by the court; to redefine the effective date; to redefine applicability of the Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act comprehensively and exhaustively revising, superseding and modernizing pretrial, trial and certain

Page 1105

post trial procedures in civil cases, approved March 18, 1966 (Ga. L. 1966, p. 609) as amended by an Act approved March 30, 1967 (Ga. L. 1967, p. 226), is hereby amended by striking section 4 (e) (1) (iii) in its entirety and inserting in lieu thereof a new section 4 (e) (1) (iii) to read as follows: 4 (e) (1) (iii). When the court orders service by publication, the clerk shall cause 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. The party obtaining the order shall at the time of filing deposit the cost of publication. 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 file with the clerk and serve upon the plaintiff's attorney, an answer 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 non resident is known, the party obtaining the order shall advise the clerk thereof, and it shall be the duty of the clerk, within 15 days after filing of the order for service by publication, to enclose, direct, stamp and mail a copy of the notice, together with a copy of the order for service by publication and complaint (if any), to said party named in said order at his last known address, if any, and make an entry of his action on the complaint or other pleadings filed in said case. The copy of the notice to be mailed to the non resident shall be a duplicate of the one published in the newspaper, but need not necessarily be a copy of the newspaper itself. 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. Service by publication. Section 2. Said Act is further amended by renumbering paragraph (6) of subsection (d) of section 4 as paragraph

Page 1106

(7), and by adding a new paragraph (6) of subsection (d) of section 4 to read as follows: (6) If the principal sum involved is less than two hundred ($200.00) dollars, by leaving a copy at the most notorious place of abode. Service in certain cases. Section 3. Said Act is further amended by striking the title of section 12 (h) which reads as follows: (h). Waiver of Preservation of Certain Defenses. and inserting in lieu thereof a new title of section 12 (h) to read as follows: (h). Waiver or Preservation of Certain Defenses. Section 4. Said Act is further amended by striking section 15 (a) in its entirety and inserting in lieu thereof a new section 15 (a) to read as follows: 15 (a). Amendments . A party may amend his pleading as a matter of course and without leave of court at any time before the entry of a pretrial order. Thereafter the party may amend his pleading only by leave of court or by written consent of the adverse party; and leave shall be freely given when justice so requires. 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. Section 5. Said Act is further amended by striking section 16 in its entirety and inserting in lieu thereof a new section 16 to read as follows: Section 16. Pretrial Procedure; Formulating Issues . Upon the motion of any party, or upon its own motion, the court shall direct the attorneys 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;

Page 1107

(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, 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 6. Said Act is further amended by striking section 17 (a) in its entirety and inserting in lieu thereof a new section 17 (a) to read as follows: Section 17 (a). Real Party in Interest . Every action shall be prosecuted in the name of the real party in interest. An executor, an administrator, guardian, bailee, 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, an action for the use or benefit of another shall be brought in the name of the state. No action shall be dismissed on the ground that it is not prosecuted in the name of the real party in interest until a reasonable time has been allowed after objection for ratification of commencement of the action by, or joinder or substitution of, the real party in interest; and such ratification, joinder or substitution shall have the same effect as if the action had been commenced in the name of the real party in interest.

Page 1108

Section 7. Said Act is further amended by striking section 18 (a) in its entirety and inserting in lieu thereof a new section 18 (a) to read as follows: Section 18 (a). Joinders of Claims . A party asserting a claim to relief as an original claim, counterclaim, crossclaim, or third party claim, may join, either as independent, or as alternate claims, as many claims, legal or equitable, as he has against an opposing party. Section 8. Said Act is further amended by striking section 24 (a) in its entirety and inserting in lieu thereof a new section 24 (a) to read as follows: Section 24 (a). Intervention of Right . Upon timely application anyone shall be permitted to intervene in an action: (1) when a statute confers an unconditional right to intervene; or (2) when the applicant claims an interest relating to the property or transaction which is the subject matter of the action and he is so situated that the disposition of the action may as a practical matter impair or impede his ability to protect that interest, unless the applicant's interest is adequately represented by existing parties. Section 9. Said Act is further amended by striking section 40 (b) in its entirety and inserting in lieu thereof a new section 40 (b) to read as follows: Section 40 (b). Trial in Chambers . The judges of any court of record may, on reasonable notice to the parties, at any time, either in term or vacation, and at chambers in any county in the circuit, hear and determine by interlocutory or final judgment any matter or issue, where a jury trial is not required or has been waived: Provided, however, nothing herein shall authorize the trial of any divorce case by consent or otherwise until after the last day upon which defensive pleadings were required by law to be filed therein. Section 10. Said Act is further amended by adding at the end of Section 43 a new subsection to be known as subsection (c) to read as follows:

Page 1109

(c) Determination of the Law of Other Jurisdictions . A party who intends to raise an issue concerning the law of another state or of a foreign country shall give notice in his pleadings or other reasonable written notice. The court, in determining such law, may consider any relevant material or source, including testimony, whether or not submitted by a party or admissible under the rules of evidence. The court's determination shall be treated as a ruling on a question of law. Section 11. Said Act is further amended by striking section 86, as amended, relating to effective date, and by substituting in lieu thereof the following: Section 86. Effective date . (a) This Act shall become effective September 1, 1967, and shall govern all proceedings in actions brought after such date, and also all further proceedings in actions then pending. (b) This Act shall also be applied retroactively by the trial and appellate courts where the effect thereof is to render valid something which was not valid when done, but this Act shall not be applied retroactively when the effect would be to render invalid something which was valid when done, or where such application would impair vested rights or otherwise be in violation of the Constitution. Section 12. Section 81 of said Act, as amended, relating to applicability, is hereby amended by striking said section and by substituting in lieu thereof the following: Section 81. Applicability . This Act shall apply to all special statutory proceedings except to the extent that specific rules or practice and procedure in conflict herewith are expressly prescribed by law, but in any event, the provisions of this Act governing the sufficiency of pleadings, defenses; amendments; counterclaims; cross claims; third party practice; joinder of parties and causes; making parties; discovery and depositions; interpleader; intervention; evidence; motions; summary judgment; relief from judgments and the effect of judgments; shall apply to all such proceedings.

Page 1110

Section 13. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 8, 1968. STATE BOARD OF CORRECTIONSPRISONER'S DEMAND FOR TRIAL ON PENDING INDICTMENTS, ETC. No. 1058 (House Bill No. 1237). An Act to amend an Act to comprehensively and exhaustively revise, supersede and consolidate the laws relating to the State Board of Corrections and to prisons, public works camps and prisoners, approved February 23, 1956 (Ga. L. 1956, p. 161), as amended, so as to provide for a comprehensive, uniform method for the filing and disposition of detainers; to define the word detainer; to provide a method for prison inmates to demand trial upon pending indictments, accusations or informations; to provide for the granting of temporary custody of inmates to sheriffs and deputy sheriffs pending the disposition of indictments, accusations or informations pending against inmates; to provide for the continued running of prior sentences while inmates are in the temporary custody of a sheriff or a deputy sheriff pending final disposition of pending indictments, accusations or informations; to provide for the payment of expenses involved in transporting and maintaining inmates during periods of temporary custody; to provide for the defense of habeas corpus actions brought by inmates in temporary custody; to except the mentally ill from the provisions of the Act; to establish an effective date of the Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to comprehensively and exhaustively revise, supersede and consolidate the laws relating to the State Board of Corrections and to prisons, public works camps and prisoners, approved February 23, 1956 (Ga. L.

Page 1111

1956, p. 161), as amended, is hereby amended by adding the following new sections thereto between section 33.8 and section 34 thereof: Section 33.9. For the purposes of this Act the word `detainer' shall mean a written instrument executed by the prosecuting officer of a court and filed with the State Board of Corrections requesting that the State Board of Corrections retain custody of an inmate pending delivery of the inmate to the proper authorities to stand trial upon a pending indictment, accusation or information and to which is attached a copy of the indictment, accusation or information which constitutes the basis of the request. The request shall contain a statement that the prosecuting officer desires and intends to bring the inmate to trial upon the pending indictment, accusation or information. Detainer. Section 33.10. (a) Whenever a person has entered upon a term of imprisonment in a penal or correctional institution under the jurisdiction of the State Board of Corrections, and whenever during the continuance of the term of imprisonment there is pending in any court in the State of Georgia any untried indictment, accusation or information on the basis of which a detainer has been filed against a prisoner, he shall be brought to trial within two terms of court after he shall have caused to be delivered to the prosecuting officer and the clerk of the appropriate court of the prosecuting officer's jurisdiction written notice of the place of his imprisonment and his request that a final disposition be made of the indictment, accusation or information; provided, however, that for good cause shown in open court, the inmate or his counsel being present, the court having jurisdiction of the matter may grant any necessary or reasonable continuance. The request of the inmate shall be accompanied by a certificate of the State Board of Corrections stating the term of commitment under which the inmate is being held, the computed expiration date of such commitment; and the time of parole eligibility of the inmate. Demand for trial, etc. (b) The written notice and request for final disposition referred to in paragraph (a) of this section shall be given or sent by the inmate to the Director of the State Board of

Page 1112

Corrections, who shall promptly forward it together with a certificate referred to in paragraph (a) of this section to the appropriate prosecuting officer and court by registered or certificated mail. (c) The warden, superintendent or other official having physical custody of the inmate shall within fifteen (15) days inform him of the source and furnish him with a copy of the contents of any detainer filed against him and shall also inform him of his right to make a request for a final disposition of the indictment, accusation or information upon which the detainer is based. (d) Any request for final disposition of a pending indictment, accusation or information made by an inmate pursuant to paragraph (a) of this section shall operate as a request for final disposition of all untried indictments, accusations or informations on the basis of which detainers have been filed against the inmate from the county to whose prosecuting official the request for a final disposition is specifically directed. The Director of the State Board of Corrections shall promptly notify all interested prosecuting officers and courts in the several jurisdictions within the county to which the inmate's request for final disposition is being sent of the proceeding being initiated by the inmate. Notification sent pursuant to this paragraph shall be accompanied by copies of the inmate's written notice, request, and the certificate. If trial is not had on any indictment, accusation or information upon which a detainer has been based within two terms of court after the receipt by the appropriate prosecuting officers and court, of the inmate's request for final disposition, provided no continuance has been granted, all detainers based upon such pending indictments, accusations or informations shall be stricken and dismissed from the records of the State Board of Corrections. (e) Escape from custody by an inmate subsequent to his execution of the request for a final disposition of any pending indictment, accusation or information shall automatically void the request for such final disposition and the same shall be stricken and dismissed from the records of the State Board of Corrections. Escape.

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Section 33.11. (a) If an inmate is not brought to trial upon a pending indictment, accusation or information within two terms of court after delivery of the inmate to the sheriff or a deputy sheriff pursuant to section 31 (a) of Ga. L. 1956, p. 161, provided no continuance has been granted, all detainers based upon such pending indictments, accusations or informations shall be stricken and dismissed from the records of the State Board of Corrections. Failure to bring to trial. Section 33.12. (a) In response to the request of an inmate for final disposition of any pending indictment, accusation or information made pursuant to section 33.10 of this Act, or pursuant to an order of a court entered pursuant to section 31(a) of Ga. Laws 1956, p. 161, the State Board of Corrections shall offer to deliver temporary custody of the inmate to the sheriff or a deputy sheriff of the county where such indictment, accusation or information is pending against the inmate. Temporary custody of prisoner. (b) The sheriff or a deputy sheriff of a county accepting temporary custody of an inmate shall present proper identification and a certified copy of the indictment, accusation or information upon which trial is to be had. (c) If the sheriff or deputy sheriff shall fail or refuse to accept temporary custody of the inmate, detainers based upon indictments, accusations or informations upon which trial hs been sought shall be stricken and dismissed from the records of the State Board of Corrections. (d) The temporary custody referred to in this Act shall be only for the purpose of permitting prosecution on the pending indictments, accusations or informations which form the basis of the detainer or detainers filed against the inmate. (e) At the earliest practicable time consonant with the purposes of this Act, the prisoner shall be returned by the sheriff or a deputy sheriff to the custody of the State Board of Corrections. (f) During the continuance of temporary custody or while the prisoner is otherwise being made available for trial as

Page 1114

required by this Act, the sentence being served by the inmate shall continue to run and good time shall be earned by the inmate to the same extent that the law allows for any other inmate serving under the jurisdiction of the State Board of Corrections. (g) From the time that the sheriff or a deputy sheriff receives custody of an inmate pursuant to this Act and until such inmate is returned to the physical custody of the State Board of Corrections, the county to which the inmate is transported shall be responsible for the safekeeping of the inmate and shall pay all costs of transporting, caring for, keeping, and returning the prisoner. Any habeas corpus suit instituted by the inmate while in the custody of the sheriff shall be defended by the county attorney and the expenses of such litigation shall be paid by the county. Section 33.13. The State Board of Corrections shall accept and file only those detainers which meet the requirements of this Act and which are filed in accordance with the provisions of this Act; provided, however, the provisions of this Act shall not apply to detainers filed by the authorities of the United States of America or of any of the other several states or of any foreign state. Detainers. Section 33.14. The provisions of this Act shall not apply to any person who has been adjudged to be mentally ill. Exception. Section 2. This Act shall become effective on July 1, 1968. A copy of this Act shall be sent by the State Board of Corrections to all authorities to whom this Act is applicable. On January 1, 1969, the State Board of Corrections shall strike and dismiss from its records all detainers filed by authorities of the State of Georgia or of any political subdivision thereof which do not conform to the provisions of this Act. Effective date, etc. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 8, 1968.

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TAX COLLECTORS' CASH BOOKS. Code 92-4902 Amended. No. 1059 (House Bill No. 1264). An Act to amend Code section 92-4902, relating to the requirement that tax collectors keep a cash book, so as to provide that entries required to be made in said book shall be entered within a certain length of time after receiving payment of taxes; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 92-4902, relating to the requirement that tax collectors keep a cash book, is hereby amended by adding at the end thereof the following: The entries required to be made by this section shall be entered on the book kept for such purpose within 15 days after payment of taxes is received. so that when so amended, Code section 92-4902 shall read as follows: 92-4902. Tax collectors required to keep cash book .The county tax collectors shall keep a record in the form of a cash book, in which they shall record all items of cash collected for taxes, the date collected, the amount collected, the name of the person, firm or corporation for whose taxes such cash was collected, all of which items, amounts, entries and dates shall be entered upon the lines and in the columns designated in such record book on the debit side. The entries required to be made by this Section shall be entered on the book kept for such purpose within 15 days after payment of taxes is received. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 8, 1968.

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AGRICULTUREACT AUTHORIZING GRADING, ETC. OF CITRUS FRUIT REPEALED. No. 1060 (House Bill No. 1334). An Act to repeal an Act entitled An Act to authorize the Commissioner of Agriculture to determine, establish and promulgate grades and standards of quality for citrus fruit offered for sale or held for sale in this State; to provide for the identification of citrus fruit and a procedure connected therewith; to provide for the certification of dealers therein and a procedure connected therewith; to provide for the keeping of records and making reports; to provide exceptions and exemptions and the conditions thereof; to provide for inspection, inspection fees, the amount and procedure in the collection thereof; to provide for enforcement and a procedure connected therewith; to prohibit the sale of citrus fruit that is unwholesome, unhealthful, unsound and otherwise unfit for human consumption and fails to comply with the laws and rules and regulations promulgated hereunder; to provide penalties for violation; to provide for inspection stations; to provide for injunction and a procedure connected therewith; to define terms; to define the duties of the Commissioner of Agriculture in connection therewith; to provide for rules and regulations and the enforcement thereof; to provide an effective date; to repeal conflicting laws; and for other purposes., approved March 14, 1963 (Ga. L. 1963, p. 125), to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia. Section 1. An Act entitled An Act to authorize the Commissioner of Agriculture to determine, establish and promulgate grades and standards of quality for citrus fruit offered for sale or held for sale in this State; to provide for the identification of citrus fruit and a procedure connected therewith; to provide for the certification of dealers therein and a procedure connected therewith; to provide for the keeping of records and making reports; to provide exceptions and exemptions and the conditions thereof; to provide for inspection, inspection fees, the amount and procedure in

Page 1117

collection thereof; to provide for enforcement and a procedure connected therewith; to prohibit the sale of citrus fruit that is unwholesome, unhealthful, unsound and otherwise unfit for human consumption and fails to comply with the laws and rules and regulations promulgated hereunder; to provide penalties for violations; to provide for inspection stations; to provide for injunction and a procedure connected therewith; to define terms; to define the duties of the Commissioner of Agriculture in connection therewith; to provide for rules and regulations and the enforcement thereof; to provide an effective date; to repeal conflicting laws; and for other purposes., approved March 14, 1963 (Ga. L. 1963, p. 125), is hereby repealed. 1963 Act repealed. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 8, 1968. COURTSMICROFILMING OF PROCEEDINGS IN CIVIL SUITS. Code 24-2715 Amended. No. 1061 (House Bill No. 1340). An Act to amend Code section 24-2715, relating to additional duties of clerks of superior courts and duties of clerks of city courts, as amended by an Act approved March 7, 1961 (Ga. L. 1961, p. 116), an Act approved March 22, 1963 (Ga. L. 1963, p. 188), and an Act approved March 11, 1964 (Ga. L. 1964, p. 412), so as to permit clerks of the superior courts and clerks of the city courts to microfilm certain matters; to require the said clerks to make available a machine for reading and reproducing such microfilmed matters in the event they choose to use the microfilming process; to repeal conflicting laws; and for other purposes.

Page 1118

Be it enacted by the General Assembly of Georgia: Section 1. Code section 24-2715, relating to additional duties of clerks of superior courts and duties of clerks of city courts, as amended by an Act approved March 7, 1961 (Ga. L. 1961, p. 116), an Act approved March 22, 1963 (Ga. L. 1963, p. 188), and an Act approved March 11, 1964 (Ga. L. 1964, p. 412), is hereby amended by striking from subsection 1 the following: 1. To record in well-bound books, within six months after the final determination of any civil suit, all the proceedings relating thereto., and inserting in lieu thereof the following: 1. To record in well-bound books, or microfilm, within six months after the final determination of any civil suit, all the proceedings relating thereto. Provided, however, in the event any clerk shall elect to microfilm proceedings, he shall make available a machine for reading and reproducing such microfilmed matters. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 8, 1968. GEORGIA AGRICULTURAL COMMODITIES SALES PROMOTION ACT. No. 1062 (House Bill No. 1354). An Act to be known as the Georgia Agricultural Commodities Sales Promotion Act; to provide for the use, utilization and improvement of the agricultural products of this State through sales promotion thereof; to provide for the labeling and advertising thereof and procedures connected therewith; to provide for public hearings to determine the need or necessity of labeling products or commodities; to

Page 1119

provide a procedure whereby the various commodity commissions now in existence or hereafter created by law may hold a referendum to require the labeling, advertising and sales promotion of Georgia agricultural commodities in order to promote the same; to provide for the furnishing of ballots in such referendums and the form thereof; to provide for voting in such referendums and the vote required; to provide for labeling, advertising and sales promotion herein; to provide for the adoption of and distribution of labels for commodities; to provide requirements concerning who shall affix labels, when they shall be affixed, and all other matters relative thereto; to provide that mislabeling, false labeling or failure to label shall be a violation of this Act; to provide punishment for violations; to authorize injunctive or other equitable relief; to authorize the expenditure of funds; to provide for the adoption of rules and regulations; to provide for termination; to provide for severability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Legislative Findings . It is hereby declared by the General Assembly of Georgia that it is of economic necessity to the state and her people that the agricultural commodities produced herein should be used, sold and consumed to the fullest extent possible and to that end that provision for the advertising and sales promotion of such commodities should be provided. Section 2. Definitions . As used in this Act the following words and phrases shall have the meaning hereinafter defined: (a) Commodity Commission means any commission now in existence or which may hereafter be created by law pursuant to the Georgia Agricultural Commodities Promotion Act as contained in an act approved March 30, 1961 (Ga. L. 1961, p. 301) and subsequent amendments thereto. (b) Agricultural Commodity as used in this Act shall mean any and all agricultural, horticultural (including floricultural),

Page 1120

and vegetable products produced in this State or any class, variety, or utilization thereof, either in their natural state or as processed by a producer for the purpose of marketing such product, and shall include any one, any combination thereof, or all of the agricultural products, registered livestock and livestock products, poultry and poultry products, timber and timber products, fish and seafood, and the products of the farms and forests of this State. (c) Producer means any person engaged within this State in the business of producing, or causing to be produced for market, any agricultural commodity. (d) Handler means any person engaged within this State as a distributor in the business of distributing an agricultural commodity, or any person engaged as a processor, as defined by the Georgia Agricultural Commodities Promotion Act, in the business of processing an agricultural commodity. (e) Distributor means any person who engages in the operation of selling, marketing or distributing an agricultural commodity which he has produced or purchased or acquired from a producer or which he is marketing on behalf of a producer, whether as owner, agent, employee, broker, or otherwise, but shall not include the retailer as herein defined except such retailer who purchases or acquires from, or handles on behalf of, any producer an agricultural commodity which comes under the provisions of this Act. (f) Retailer means any person who purchases or acquires any agricultural commodity for resale at retail to the general public for consumption off the premises but such person shall also be included within the definition of distributor, as herein set forth, to the extent that he engages in the business of a distributor as herein defined. (g) Person means an individual, firm, corporation, association or any other business unit, or any combination thereof, and shall, for the purposes of this Chapter, include any State agency which engages in any of the commercial activities regulated pursuant to the provisions of this Act.

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(h) To handle means to engage in the business of a handler as hereinabove defined. (i) To distribute means to engage in the business of a distributor as hereinabove defined. (j) Warehouseman shall mean any person as defined herein who shall store, receive, distribute or handle any Agricultural Commodity to any other person. (k) Commissioner means the Commissioner of Agriculture of the State of Georgia. Section 3. This Act may be cited as the Georgia Agricultural Commodities Sales Promotion Act. Short Title. Section 4. In order to promote the sales promotion, production, marketing, sale, use, processing and improvement of agricultural commodities, any commodity commission now or hereafter established by law may conduct a referendum to determine whether or not contributing members of such commodity commission for such commodity shall be in favor of requiring a label to be affixed to the commodity for which the commission was created, as having been produced by a contributing member of the commodity commission, before selling, offering the same for sale, or upon causing it to be offered for sale, or handling, distributing, or warehousing. Labels. Section 5. (a) Upon the recommendation of a majority of the producer members of any commodity commission, the Commissioner or such commodity commission shall require a public hearing or hearings on the question of labeling a commodity. Such public hearing may be conducted at such times and places as the Commissioner or such commodity commission deems proper. Public hearings. (b) Upon the public hearing and/or hearings of the question, the Commissioner or commodity commission may, if it appears to the best interest of the producers, and for the promotion, advertising, sales promotion, production, marketing, sales or use of the commodity involved that it should be

Page 1122

labeled, the Commissioner or the commodity commission shall call for a referendum on such question. Section 6. Upon the call of such referendum, the Commissioner or the commodity commission calling the same, shall furnish ballots for voting in the referendum to all producers of that commodity known by such commodity commission to be contributing members thereof. Referendums. Section 7. The form of the ballot shall be as follows: Date: No. Georgia Agricultural Commodity Commission for (name of commodity) As a producer, of the commodity of the above named agricultural commodity commission, indicate by an [UNK] or [UNK] next to the proposal for which you desire to vote. This ballot must be returned to the Georgia Agricultural Commodity Commission for (name of commodity) within thirty (30) days from the above date. Ballots. FOR the labeling of (name of commodity). AGAINST the labeling of (name of commodity). Name Address Section 8. When the referendum shall be called, all ballots shall be mailed to the said producers on a day certain to the last known address furnished to the commodity commission and shall be returned to the commodity commission conducting said election within thirty (30) days from the date mailed. Referendums. Section 9. At the expiration of thirty (30) days from the date mailed, the commodity commission conducting said referendum shall canvass the results of said referendum. Same.

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Section 10. Based on a canvass of the ballots returned within the aforesaid thirty (30) day period, if two thirds ([unk]) or more of the producers voting and returning their ballots in said referendum shall vote in favor of the proposal, then and in that event the commodity commission shall declare the same adopted. Procedure. Section 11. If, based on a canvass of the ballots voted and returned within the thirty (30) day period, more than one-third ([unk]) of the producers voting and returning their ballots shall vote against the proposal, the said proposal shall be deemed defeated. Same. Section 12. When and if such labeling has been approved in the referendum such commodity commission shall adopt and cause labels to be printed which clearly show the product offered for sale was produced by a contributing member of such commodity commission. Such label shall in no way reflect grade, classification or other matter regualted or governed by any other agency of the State or Federal government. These labels for the tagging of the particular commodity are to be furnished to all handlers, warehousemen and/or distributors of the commodity or such others as the commodity commission shall require to affix the same. The cost for the preparation and distribution of said labels shall be paid for by the commodity commission from its funds. Labels. Section 13. When and if such labeling has been approved in the referendum, the handlers, warehousemen and/or distributors handling such commodity or such other persons as the commodity commission shall determine to be feasible shall be required to affix the label to the commodity prior to the producers sale of said commodity and said label shall remain affixed to said commodity until after the completion of the producers sale of the commodity. At all times said commodity is held for producers sale the label shall be clearly visible to the purchaser of that commodity. Same. Section 14. Any mislabeling, false labeling or failure to label as required, of any such commodity shall constitute a violation of this Act and be punishable as for a misdemeanor. Crimes.

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Section 15. In addition to other remedies, the Commissioner or the commodity commission for such commodity shall be authorized to enjoin the violation of any provision of this Act and the mislabeling or false labeling or failure to label of any commodity and the wrongful use of any label furnished by the commodity commission, even though such act also constitutes a misdemeanor. Injunctions. Section 16. If, subsequent to the adoption of a referendum requiring labeling of commodities, the Commissioner or the commodity commission shall have reason to believe that such labeling and advertising does not tend to effectuate the declared purposes of the provisions of this Act then the Commissioner or the commodity commission may call a public hearing or hearings on the question of whether or not the labeling and advertising requirements should be suspended. Due notice of such public hearing or hearings shall be circularized and if after said public hearing or hearings the Commissioner or the commodity commission, in the exercise of sound discretion, determine that the labeling and advertising of a particular commodity should be suspended, then and in that event the Commissioner or the commodity commission may suspend such labeling and advertising requirements on that particular commodity for the balance of the current marketing season or may terminate said requirements altogether and such requirements shall not again be imposed until another referendum shall be held as hereinabove provided. Procedure to suspend labeling. Section 17. If, after advertising and sales promotion have been required as provided herein, pursuant to a referendum as hereinabove provided, ten (10%) percent of the contributing members of such commodity commission shall petition the commodity commission or the Commissioner so to do, the Commissioner or the commodity commission shall hold a referendum for the purpose of determining whether such requirements as to advertising and sales promotion shall be terminated. The ballot for said referendum and the form thereof shall be determined and furnished by the commodity commission. If upon such referendum, which referendum, shall be conducted in like manner as provided in section 8, above, fifty-one (51%) percent of the contributing

Page 1125

members voting and returning their ballots shall vote to terminate said advertising and sales promotion requirements then the same shall be terminated. No referendum as herein provided may be conducted during the regular marketing season for such commodity nor during a period of sixty (60) days prior thereto or thirty (30) days subsequent thereto. Same. Section 18. Any commodity commission now or hereafter established by the General Assembly of Georgia is authorized to expend funds of the commodity commission in pursuance of and in order to accomplish the purposes of this Act. Funds. Section 19. Any commodity commission now or hereafter established by the General Assembly of Georgia is hereby authorized to adopt, in accordance with the Administrative Procedure Act, all Rules and Regulations designed to accomplish the purpose of this Act and aid in the enforcement thereof. Rules. Section 20. 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 21. This Act shall become effective immediately upon approval. Section 22. All laws or parts of laws in conflict with this Act are hereby repealed. Approved April 8, 1968.

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GEORGIA INSURANCE CODE AMENDEDCANCELLATION OF AUTOMOBILE INSURANCE POLICIES. Code 56-2430 Amended. No. 1063 (House Bill No. 1360). An Act to amend Code Chapter 56-24, relating to the requirements for the insurance contract in general, as amended, particularly by an Act approved March 10, 1964 (Ga. L. 1964, p. 335), and an Act approved April 14, 1967 (Ga. L. 1967, p. 653), so as to provide the circumstances under which certain policies may be cancelled; to define certain terms; to provide for time limitations; to provide for advance notice of intention not to renew certain policies; to provide for other matters relative to the foregoing; 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 Chapter 56-24, relating to the requirements for the insurance contract in general, as amended, particularly by an Act approved March 10, 1964, (Ga. L. 1964, p. 335), and an Act approved April 14, 1967 (Ga. L. 1967, p. 653), is hereby amended by striking in their entirety Code section 56-2430 and Code section 2430.1, and substituting in lieu thereof the following: 56-2430. Cancellation .Cancellation of a policy which by its terms and conditions, may be cancelled by the insurer shall be accomplished as prescribed herein: Written notice, stating the time when the concellation will be effective, but not less than five days from date of notice, or such other specific longer period as may be provided in the contract or by statute; may be delivered in person, or by depositing such notice in the United States mails to be dispatched by at least first class mail to the last address of record of the insured and receiving therefor the receipt provided by the United States Post Office Department. Such notice may or may not be accompanied by a tender of the unearned premium paid by the insured calculated on a pro rata basis. If such tender

Page 1127

is not made simultaneously with such notice, it shall be made within 15 days of notice of cancellation, unless an audit or rate investigation is required, in which case such tender shall be made as soon as practicable. Notices of cancellation of policies protecting the interest of the insured and any lienholder shall be delivered or mailed to the last addresses of record as provided herein to the insured and to the lienholders shown in the policy and shall specify when, not less than 10 days or such longer period as may be provided in the contract or by the statute, the cancellation shall become effective. 56-2430.1 . This Code section shall apply only to those portions of an automobile policy which relate to bodily injury and property damage liability, medical payments, physical damage and uninsured motorists coverage. As used in this Code section: `Renewal' means issuance and delivery by an insurer of a policy superseding at the end of the policy period a policy previously issued and delivered by the same insurer, and providing no less than the coverage contained in the superseded policy; or issuance and delivery of a certificate or notice extending the term of a policy beyond its policy period of term, provided, however, that any policy with a policy period or term of less than six months shall, for the purpose of this Code Section, be considered to have successive policy periods ending each six months following its original date of issue and, regardless of its wording, any interim termination by its terms or by refusal to accept premium shall be a cancellation subject to this Act; `Policy' means a policy insuring a natural person as named insured, or one or more related individuals resident of the same household and which provides bodily injury and property damage liability coverage, physical damage, medical payments and uninsured motorists protection coverages or any combination thereof, and under which the insured vehicles therein designated are of the following types only: (i) A motor vehicle of the private passenger, station

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wagon or jeep type that is used as a public or livery conveyance for passengers, not rented to others, or (ii) Any other four-wheel motor vehicle with a load capacity of 1500 pounds or less which is not used in the occupation or professional business of the insured; provided, however, that this Code Section shall not apply: (1) to policies of automobile assigned risk plan, nor (2) to any policy insuring an automobile which is one of more than four insured under a single policy, nor (3) to any policy covering garage, automobile sales agency, repair shop, service station or public parking place operation hazards. (A) No notice of cancellation of a policy issued for delivery in this State shall be mailed or delivered by an insurer except for one or more of the following reasons: 1. The named insured failed to discharge when due any of his obligations in connection with the payment of premiums on such policy or any installment thereof, or the renewal thereof, whether payable directly to the insurer or indirectly under any premium finance plan or extension of credit; or 2. the issuance was obtained through a material misrepresentation; or 3. any insured violated any of the terms and conditions of the policy; or 4. the named insured failed to disclose fully, if called for in the application, his record for the preceding 36 months of motor vehicle accidents and moving traffic violations; or 5. the named insured failed to disclose in his written application or in response to inquiry by his broker or by the insurer or its agent information necessary for the acceptance or proper rating of the risk; or 6. insured made a false or fraudulent claim or knowingly aided or abetted another in the presentation of such a claim; or

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7. the named insured or any other operator, either resident in the same household or who customarily operates an automobile insured under such policy: (a) has, within the 36 months prior to the notice of cancellation, had his driver's license under suspension or revocation; or (b) is or becomes subject to epilepsy or heart attacks, and such individual does not produce a certificate from a physician testifying to his unqualified ability to operate a motor vehicle; or (c) has an accident record, conviction record (criminal or traffic) physical, mental, or other condition which is such that his operation of an automobile might endanger the public safety; or (d) has within a three year period prior to the notice of cancellation been addicted to the use of narcotics or other drugs; or (e) has been convicted, or forfeited bail, during the 36 months immediately preceding the notice of cancellation; for: (1) any felony; or (2) criminal negligence resulting in death, homicide, or assault arising out of the operation of a motor vehicle; or (3) operating a motor vehicle while in an intoxicated condition or while under the influence of drugs; or (4) being intoxicated while in, or about an automobile, or while having custody of an automobile; or (5) leaving the scene of an accident without stopping to report; or (6) theft or unlawful taking of a motor vehicle; or

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(7) making false statements in an application for a driver's license; or (f) has been convicted of, or foreited bail for, three or more violations within the 36 months immediately preceding the notice of cancellation of any law, ordinance, or regulation limiting the speed of motor vehicles, or any of the provisions of the motor vehicle laws of any state, violation of which constitutes a misdemeanor, whether or not the violations were repetitions of the same offense or different offenses. (g) The insured automobile is: 1. so mechanically defective that its operation might endanger public safety; or 2. used in carrying passengers for hire or compensation, provided, however, that the use of an automobile for a car pool shall not be considered use of an automobile for hire or compensation; or 3. used in the transportation of flammables or explosives; or 4. an authorized emergency vehicle; or 5. changed in shape or condition during the policy period so as to substantially increase the risk. (B) No notice of cancellation of a policy to which this Code Section applies shall be effective unless mailed or delivered by the insurer to the named insured at least 20 days prior to the effective date of cancellation, provided, however, that where cancellation is for failure of the named insured to discharge when due any of his obligations in connection with the payment of premiums for the policy, or any installment thereof, whether payable directly to the insurer or indirectly under any premium finance plan or extension of credit, at least 10 days' notice of cancellation accompanied by the reason shall be given. Unless the reason or reasons for the cancellation of the policy accompany or are included

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in the notice of cancellation, the notice of cancellation shall state or be accompanied by a statement that upon written request of the named insured, mailed or delivered not less than 15 days prior to the effective date of cancellation, the insurer will specify the reason or reasons for such cancellations. The reason or reasons shall be mailed or delivered to the named insured within five days after receipt of such request. (C) No insurer shall fail to renew a policy unless it shall mail or deliver to the named insured, at the address shown in the policy at least 20 days' advance notice of its intention not to renew. This subsection shall not apply if the insurer has manifested its willingness to renew by delivering a renewal policy, renewal certificate or other evidence of renewal to the named insured or his representative or by offering to issue a renewal policy, certificate or other evidence of renewal, or has manifested such intention by any other means; nor renewal or continuation of a policy shall not constitute a waiver or estoppel with respect to ground for cancellation which existed before the effective date of such renewal or continuance. (D) Mailing of notice of cancellation, or of intention not to renew or not to continue the policy, or mailing of reasons for cancellation, to the named insured at the address shown in the policy, shall be sufficient proof of notice. (E) When a policy is cancelled, other than for nonpayment of premium, or in the event of a failure to renew or continue a policy, the insurer shall notify the named insured of his possible eligibility for insurance through the Georgia Automobile Assigned Risk Plan. Such notice shall accompany or be included in the notice of cancellation of the notice of intent not to renew, or not to continue the policy, and shall state that such notice of availability of the Georgia Automobile Assigned Risk Plan is given pursuant to this Code Section. (F) There shall be no liability on the part of and no cause of action of any nature shall arise against any insurer, its authorized representative, its agents, its employees, or

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any firm, person or corporation furnishing to the insurer information as to reasons for cancellation or nonrenewal, for any statement made by any of them in any written notice of cancellation, for the providing of information pertaining thereto. (G) This Code section shall not apply to any policy which has been in effect less than 60 days at the time notice of cancellation is mailed or delivered by the insurer unless it is a renewal of a policy. 56-2430.2 . No policy of insurance in which the interest of any lien holder named in the policy are protected by a loss payable clause may be cancelled by the insurer so as to destroy the protection afforded by said policy for the interests possessed by the lien holders unless a copy of the notice of cancellation as provided for by Code section 56-2430 shall be sent to the lien holder in accordance with the provisions of Code section 56-2430. Section 2. The provisions of this Act shall become effective on May 1, 1968. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 8, 1968. LAKE LANIER ISLANDS DEVELOPMENT AUTHORITY ACT AMENDED. No. 1064 (House Bill No. 1377). An Act to amend an Act known as the Lake Lanier Islands Development Authority, approved March 9, 1962, Ga. Laws 1962, page 736, as amended, particularly by an Act approved March 25, 1964, Ga. Laws 1964, page 731, so as to define the words Act and Islands; to authorize the Lake Lanier Islands Development Authority to acquire and dispose of real and personal property; to authorize

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said Authority to charge and collect fares and rentals; to authorize said Authority to operate boats and vehicles for transportation; to authorize said Authority to invest and reinvest any and all idle funds or monies in certain specified investments; to change the provisions relating to the obtaining of personal services by the Authority; to change the provisions relative to improving the property of said Authority; to change the provisions relative to said Authority's accepting gifts and grants; to change the provisions relative to conflicts of interest of members of said Authority; to authorize said Authority to maintain a security force on its property; to provide for severability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Lake Lanier Islands Development Authority, approved March 9, 1962, Ga. Laws 1962, page 736, as amended, particularly by an Act approved March 25, 1964, Ga. Laws 1964, page 731, is further amended by adding between sections 1 and 2 thereof a new section to be numbered section 1A and to read as follows: Section 1A. As used in this Act, the following words and terms shall have the following meanings: (a) The word `Authority' shall mean the Lake Lanier Islands Development Authority. Definitions. (b) The word `Islands' shall mean such islands in Lake Lanier licensed to the State by the United States through its agency, the U. S. Army Corp of Engineers, at the time of the enactment of the Lake Lanier Islands Development Authority Act, approved March 9, 1962 (Ga. L. 1962, p. 736). Section 2. Said Act is further amended by inserting in section 4 of said Act, following subsection (o) thereof, four (4) new subsections which shall be known as subsections (p), (q), (r) and (s), and which shall read as follows: (p) to acquire, lease (as lessee), purchase, hold, own and use any franchise, property, real or personal, tangible or

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intangible, or any interest therein, and to sell, lease (as lessor), transfer, or dispose thereof whenever same is no longer required for purposes of the Authority, or exchange same for other property or rights which are useful for its purposes; Powers. (q) to fix, alter, charge fares, rates, rentals and other charges for its facilities and for admission to the Islands at reasonable rates to be determined exclusively by the Authority; (r) to operate boats, taxicabs, trains, trolleys and other vehicles, systems and facilities and other activities designed for the transportation of persons and property for hire on the Islands to provide transportation, concessions, off-street parking and other facilities for the comfort, safety and convenience of visitors and other persons on the Islands; and (s) to invest and reinvest any or all idle funds or monies, including but not limited to, funds held in reserve or debt retirement, or received through the issuance of revenue certificates or from contributions, gifts or grants, which cannot be immediately used for the purpose of which received, in any security or securities which are legal investments for Executors or Trustees, provided, however, that such investments in such securities will, at all times, be held for and when sold used for the purposes for which the money was originally received. Section 3. Said Act is further amended by striking therefrom, subsection (c), (e) and (m) of section 4 thereof, in their entirety, and inserting in lieu thereof three (3) new subsections which shall read as follows: (c) to appoint, select and employ officers, agents and employees, including engineering, architectural and construction experts, fiscal agents and attorneys, to contract for the services of individuals or organizations not employed full time by the Authority, but who are engaged primarily in the rendition of personal services and not the sale of goods or merchandise, such as but not limited to the services of attorneys, accountants, engineers, architects, consultants

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and advisors, allowing suitable compensation and to make provisions for group insurance, retirement or other employee benefit arrangements, provided that no part-time or contract employees shall participate in group insurance or retirement benefits; Same. (e) to plan, survey, subdivide, administer, construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects as hereinbefore defined, to be located on property owned or leased by the Authority, the cost of any such project to be paid from its income, the proceeds of revenue anticipation certificates of the Authority, or from such proceeds and any loan, gift or grant from the United States of America or any agency or instrumentality thereof, or the State of Georgia, or any county, municipal or local government or governing body; (m) to receive and accept loans, gifts, grants, donations or contributions of property, facilities or services, with or without consideration, from any person, firm or corporation or fom the State of Georgia, or any agency or instrumentality thereof, or from any county, municipal or local government or governing body; Section 4. Said Act is further amended by striking therefrom section 18A thereof, in its entirety, and inserting in lieu thereof a new section which shall read as follows: Section 18A. (a) Every member of the Authority and every employee of the Authority who knowingly has any interest direct or indirect in any contract to which the Authority is or is about to become a party, or in any other business of the Authority, or in any firm or corporation doing business with the Authority, shall make full disclosure of such interest to the Authority. Failure to disclose such an interest shall constitute cause for which an Authority member may be removed, or an employee discharged or otherwise disciplined at the discretion of the Authority. Contracts, etc. (b) Provisions of the act of the General Assembly approved March 10, 1964 (1964 Ga. L. p. 261), as amended,

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regulating the conduct of officers, employees and agents of political subdivisions, municipal and other public corporations and other public organizations, shall be applicable to the conduct of its Authority members, officers, employees and agents of the Authority. (c) Any contract or transaction of the Authority involving a conflict of interest not disclosed under subsection (a) hereof, or a violation of the act of the General Assembly approved March 10, 1964 (1964 Ga. L., p. 261), as amended, or a violation of any other provision of law applicable to the Authority, its Authority members, officers, or employees regulating conflicts of interest, shall be voidable by the Authority. Section 5. Said Act is further amended by adding between sections 10 and 11 thereof a new section to be numbered section 10A and to read as follows: Section 10A. The power to contract for, or to provide and maintain, with respect to the facilities and property owned, leased, operated or under the control of the Authority, and within the territory thereof, a security force to protect persons and property, dispense unlawful or dangerous assemblages, control pedestrian and vehicular traffic, and otherwise preserve and protect the public peace, health and safety. For these purposes a member of such force shall be a peace officer and, as such, he shall have Authority equivalent to the authority of a policeman or law enforcement officer of the county in which he is discharging his duties. Powers. Section 6. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such declaration or 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

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that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Severability. Section 7. All laws or 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, 1968, Session of the General Assembly of Georgia, a bill to amend an Act known as the Lake Lanier Islands Development Authority Act (Ga. L. 1962, p. 736, et seq.) as amended, and for other purposes. This 18th day of December, 1967. Sylvan Meyer, Chairman Lake Lanier Islands Development Authority Georgia, Hall County. Personally appeared before the undersigned officer authorized by law to administer oaths, Sylvan Meyer, who, being duly sworn, deposes and states on oath that he is vice-president of the Southland Publishing Company, a Georgia corporation, and is authorized to make this affidavit on its behalf. Deponent avers that the Southland Publishing Company is the publisher of The Daily Times, a newspaper published in the City of Gainesville, being of general circulation and being the legal organ of the County of Hall, and further avers that legal notice, a true copy of which is hereto attached, intention to introduce local legislation, was duly published once a week for four weeks as required by law, the dates of publication being December 21, December 28, 1967, January 4, and January 11, 1968. /s/ Sylvan Meyer Sworn to and subscribed before me, this 25th day of January, 1968. /s/ Delree G. Ryals, Notary Public. (Seal). Approved April 8, 1968.

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STATE DEPARTMENT OF EDUCATIONINDUSTRY SERVICES ADVISORY COMMITTEE. No. 1065 (House Bill No. 1424). An Act to provide for the establishment of a special training program within the State Department of Education; to provide for the administration of the program by the State Board of Education; to provide for an Advisory Committee; to provide for the membership of the Committee; to provide for appointments to the Committee; to provide for the duties of the Committee; to provide for instructors and other personnel; to provide for facilities; to provide for agreements between local systems and the State Board of Education; to provide for funds to carry out the program; to provide for qualifications for persons employed in the program; to provide for the procurement of equipment; to authorize the State Board of Education to promulgate rules and regulations; to authorize the State Board of Education to accept gifts; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. There is hereby established within the State Department of Education, a supplemental program to provide special quick start training to meet the employment needs of new and expanding industry. The program shall be administered by the State Board of Education. Quick start training. Section 2. There is hereby created the Industry Services Advisory Committee, to assist the State Board of Education in carrying out the provisions of this Act. The Committee shall consist of seven (7) members who shall be appointed by the State Board of Education upon the recommendation of the State Superintendent of Schools. Persons appointed to the Committee shall be representative of public and private agencies engaged in or concerned with industrial and economic development of the State. In making initial appointments, the State Board of Education shall appoint four (4) members for a term of one (1) year

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each and three (3) members for a term of two (2) years each, and thereafter shall appoint any member for a term of two (2) years except that in case of a vacancy the appointment shall be for the unexpired term. The Director of the Division of Vocational Education in the State Department of Education shall serve as Secretary of the Committee and members of the staff of the Division of Vocational Education designated by the Director shall serve as consultants to the Committee. The Industry Services Advisory Committee shall have such duties as may be prescribed by the State Board of Education. Committee created, etc. Section 3. The programs of vocational training under this Act shall be supplementary to those offered by Area Vocational-Technical Schools, State Technical and Vocational Schools and public high school programs, and shall be operated on a statewide basis to assist any area to become more competitive in industrial and economic development; provided, however, no program may be made available to any area except as prescribed by the State Board of Education. The program prescribed in this Act shall be concerned only with training for skilled and semiskilled operations, requiring learning time of one (1) year or less and shall terminate when training needs have been met; provided, however, that basic academic education may be included as a part of the training program when such is necessary to insure success of trainees in the occupational training program. Intent. Section 4. The State Board of Education shall administer the program and shall provide for technical and engineering services, publicizing the program, instructional services, in-plant training analysis, rental of instructional facilities to include necessary utilities, central warehousing and transportation of equipment and supplies, other necessary services, over-all program direction and shall provide an adequate staff to carry out an effective training program. Administration of programs. Section 5. Training programs under the provisions of this Act may be carried out on the basis of agreements between Local Boards of Education having Area Vocational-Technical

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Schools and the State Board of Education. Under such agreements, the Local Boards of Education may make available its vocational-technical school facilities or temporary rented facilities, and shall pay all instructional salaries in accordance with the salary schedule established by the State Board of Education in agreement with the Local Board of Education without consideration of the salary schedule adopted for regular instructional personnel; provided teachers and others employed in such training programs shall be classified as temporary employees and shall not be eligible for participation in the Teachers Retirement System. All expenses incurred by a Local Board of Education under such agreement in providing the services prescribed by this Act shall be reimbursed by the State from funds provided for this purpose. Programs. Section 6. The State Board of Education may prescribe qualifications for persons employed in this program without consideration of qualifications prescribed for personnel employed in regular instructional programs. Employees. Section 7. The State Board of Education shall be authorized to procure equipment as may be necessary to carry out an adequate training program under the provisions of this Act. Such equipment shall be maintained in a warehouse reserve and shall become available to any area of the State where a training program creates a need, but shall be returned to the warehouse reserve when no longer needed in a training program. In furtherance of this provision, equipment having long delivery dates may be purchased in advance of an actual need upon the recommendation of the Industry Services Advisory Committee that a need for such equipment could reasonably be expected in the program. The State Board of Education is authorized to provide for the transportation of instructional equipment and to employ equipment riggers, warehousemen and other personnel needed to carry out this provision. Title to all equipment purchases under provisions of this Act shall be vested in the State Board of Education. Equipment, etc. Section 8. The State Board of Education shall have the power to promulgate any and all standards, rules and regulations

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as may be necessary to carry out the objectives and purposes of this Act. Rules. Section 9. To assist in carrying out the provisions of this Act, the State Board of Education is hereby authorized to accept grants of money, materials, services, or property of any kind from a federal agency, private agency, corporation or individual. Grants. Section 10. The provisions of this Act shall become effective July 1, 1968. Effective date. Section 11. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 8, 1968. NAMES OF COUNTY GOVERNING AUTHORITIES. No. 1066 (House Bill No. 1439). An Act to strike the words Roads and Revenues from the official names of all of the governing authorities of the 159 counties of the State of Georgia so that the official names of the governing authorities of the 159 counties of the State of Georgia will be changed from the Board of Commissioners of Roads and Revenues ofCounty and from the Commissioner of Roads and Revenues ofCounty to Board of Commissioners ofCounty and Commissioner ofCounty respectively; 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 words Roads and Revenues is hereby stricken from the official names of all of the governing authorities of the one hundred fifty nine counties of the State of Georgia so that the official names of the governing authorities of the one hundred fifty nine counties will

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be changed from Board of Commissioners of Roads and Revenues ofCounty and from the Commissioner of Roads and Revenue ofCounty to Board of CommissionersCounty and Commissioner ofCounty respectively. Section 2. This act shall become effective January 1, 1969. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 8, 1968. REVENUESALE OF CONTRABAND MALT BEVERAGES. No. 1067 (House Bill No. 1451). An Act to amend an Act entitled An Act to provide for license and excise taxes upon the business of dealing in malt beverages; to allocate funds derived from such taxes; to provide for the enforcement of this Act; to repeal laws in conflict with this Act; and to provide for the holding of an election to ratify or reject this Act; and for other purposes, approved March 23, 1935 (Ga. L. 1935, p. 73), as amended in particular by Ga. L. 1937, p. 148, so as to provide that the State Revenue Commissioner or his authorized agents shall sell any and all malt beverages found to be contraband; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to provide for license and excise taxes upon the business of dealing in malt beverages; to allocate funds derived from such taxes; to provide for the enforcement of this Act; to repeal laws in conflict with this Act; and to provide for the holding of an election to ratify or reject this Act; and for other purposes,

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approved March 23, 1935 (Ga. L. 1935, p. 74), as amended in particular by Ga. L. 1937, p. 148, is hereby amended by deleting from section 17-A the following phrase: If no claim is filed to said goods so seized within 10 days, the same shall be destroyed by the State Revenue Commission or its agents, as contraband, and inserting in lieu thereof a new phrase, to read as follows: Section 17-A.....If no claim is filed to said goods so seized within 10 days, the same shall be sold at public sale, under such rules and regulations as the Commissioner shall hereafter adopt, and the proceeds of such sale retained by the Commissioner and paid over to the lawful authority to receive revenue from the sale of other alcoholic beverages. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 8, 1968. GEORGIA STATE BOARD OF NURSING HOMES ACT. No. 1068 (House Bill No. 1492). An Act relating to nursing homes and personal care homes; to provide for the licensing of nursing home administrators; to create the Georgia State Board of Nursing Homes, fixing its membership, and prescribing its powers, duties and functions; to provide requirements for licensure as a Nursing Home Administrator; to provide for license fees; to create the Georgia State Board of Nursing Homes Fund; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of the State of Georgia: Section 1. For the purposes of this Act, and as used herein: (a) The term Board means the Georgia State Board of Nursing Homes hereinafter created. (b) The term Nursing Home Administrator means a person who operates, or manages, or supervises, or is in charge of a nursing home. Definitions. (c) The term Nursing Home and Personal Care Home, shall have the same meaning as prescribed in the Rules and Regulations for nursing and personal care homes by the Georgia Department of Public Health. Section 2. There is hereby created the Georgia State Board of Nursing Homes, which shall consist of seven (7) members. The Director of the Georgia Department of Public Health, or his designee, shall serve ex-officio as a member of such board. The members of the Board shall be initially appointed by the Governor from a list of twenty-one (21) names submitted to the Governor by the Board of Directors of the Georgia Nursing Home Association, Inc. Non-Proprietary nursing homes shall have at least one member on this Board. Three (3) members shall be appointed for terms of three (3) years, two (2) members shall be appointed for terms of two (2) years, and one (1) member shall be appointed for a term of one (1) year; thereafter, the terms of all appointive members shall be three (3) years. The appointees shall be selected from a list of three (3) nominees per appointee, submitted to the Governor by the Board of Directors of the Georgia Nursing Home Association, Inc. Any vacancy occuring in the position of an appointed member shall be filled by the Governor for the unexpired term, from a list of three (3) names submitted to the Governor by the Board of Directors of the Georgia Nursing Home Association, Inc. Appointive members may be removed by the Governor for cause. Initial appointments of members after this Act becomes effective

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shall be limited to persons who are approved by the Director of the Georgia. Department of Public Health as an administrator, (and serving in such capacity on the effective date of this Act) as such term shall be defined by this Board. After initial appointments have been made, no person shall be eligible for appointment as a member unless he is the holder of a license as a Nursing Home Administrator. The appointed members of the Board shall be representative of professions and institutions concerned with the care of chronically ill and infirm aged patients. Created, members, etc. Section 3. The Board shall have authority to issue licenses to qualified persons as Nursing Home Administrators, and shall establish qualification criteria for such Nursing Home Administrators. No license shall be issued to a person as a Nursing Home Administrator unless he shall have submitted evidence satisfactory to the Board that he is not less than twenty one (21) years of age, that he is of reputable and responsible character, and that he is in sound physical and mental health; and unless he shall have submitted evidence satisfactory to the Board of his ability to supervise a nursing home or personal care home. Provided, that persons meeting the standards of good character, who have been approved by the Director of the Georgia Department of Public Health as an administrator and is serving in such capacity on the effective date of this Act, shall be granted a license as a Nursing Home Administrator. All persons applying for a license after the effective date of this Act must meet the conditions and requirements as may prescribed by the Board. A waiver may be granted for a period two (2) years after the effective date of this Act, or until June 30, 1972, whichever is earlier, to allow a person or persons to meet the conditions and requirements as set by this Board. Powers. Section 4. Each person licensed as a Nursing Home Administrator shall be required to pay an annual license fee in an amount to be fixed by the Board, which fee shall not exceed one hundred ($100.00) dollars. Said license shall expire on the 31st day of December following its issuance, and shall be renewable for a calendar year, upon payment of the annual license fee. Fees.

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Section 5. All fees collected under the provisions of this Act shall be paid monthly to the State Treasurer, who shall keep the same in a special fund to be known as the Georgia State Board of Nursing Homes Fund, which Fund may be used and expended by the Board to pay the compensation and travel expenses of members and employees of the Board, and other expenses necessary for the Board to administer and carry out the provisions of this Act. Same. Section 6. The Board shall elect from its membership a Chairman, Vice-Chairman and Secretary-Treasurer, and shall adopt rules and regulations to govern its proceedings. Each member shall receive, as compensation for his services, an amount agreed upon by the Board but not to exceed that of other State Boards. All members shall be allowed necessary travel expenses, as may be approved by the Board, which shall be payable in the same manner as travel expenses of other State Officials. The Board may employ and fix the compensation and duties of necessary personnel to assist it in the performance of its duties. Chairman, etc. Section 7. The Board shall have sole and exclusive authority to determine the qualifications, skill and fitness of any person to serve as an Administrator of a Nursing Home or Personal Care Home under the provisions of this Act, and the holder of a license under the provisions of this Act shall be deemed qualified to serve as the administrator of a Nursing Home or Personal Care Home. The term administrator, as used in this section, means an administrator as such shall be defined by this Board. Qualifications. Section 8. The Board shall: (a) Develop, impose and enforce standards which must be met by individuals in order to receive a license as a Nursing Home Administrator, which standards shall be designed to insure that Nursing Home Administrators will be individuals who are of good character and are otherwise suitable, and who, by training or experience in the field of institutional administration, are qualified to serve as Nursing Home Administrators. Duties of board. (b) Develop and apply appropriate techniques, including examination and investigations, for determining whether an individual meets such standards.

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(c) Issue licenses to individuals determined, after application of such techniques, to meet such standards, and revoke or suspend licenses previously issued by the Board in any case where the individual holding such license is determined substantially to have failed to conform to the requirements of such standards. (d) Establish and carry out procedures designed to insure that individuals licensed as Nursing Home Administrators will, during any period that they serve as such, comply with the requirements of such standards. (e) Receive, investigate, and take appropriate action with respect to, and including the revocation of a license if necessary, and charge or complaint filed with the Board to the effect that any individual licensed as a Nursing Home Administrator has failed to comply with the requirements of such standards. (f) Conduct a continuing study and investigation of Nursing Homes, and Administrators of Nursing Homes within the State with a view to the improvement of the standards imposed for the licensing of such Administrators and of procedures and methods for the enforcement of such standards with respect to Administrators of Nursing Homes who have been licensed as such. (g) Provided, nothing in this Act or the rules and regulations adopted thereunder shall be construed as authorizing the supervision, regulation, or control of: The remedial care or treatment of residents or patients in any home or institution conducted for those who rely upon treatment by prayer or spiritual means in accordance with the creed or tenents, of any well recognized church or religious denomination. Section 9. It shall be unlawful and constitute a misdemeanor for any person to act or serve in the capacity as a Nursing Home Administrator unless he is the holder of a license as a Nursing Home Administrator, issued in accordance with the provisions of this Act. Crimes.

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Section 10. The Board shall develop and adopt criteria for the evaluation and classification of Nursing Homes, and shall exercise and perform the powers, duties and responsibilities vested in the Georgia Nursing Home Association, Inc. Powers. Section 11. No provision of this Act shall be construed as prohibiting or preventing a municipality or county from fixing, charging, assessing or collecting any license fee, registration fee, tax or gross receipt tax on any profession covered by this Act or upon any related profession or any one engaged in any related profession governed by the provisions of this Act. Intent. Section 12. All laws and parts of laws in conflict with any of the provisions of this Act are hereby repealed. Approved April 8, 1968. SUPERVISOR OF PURCHASESPROCEDURE TO DISPOSE OF SURPLUS STATE PROPERTY. No. 1069 (House Bill No. 1498). An Act to provide the procedures under which surplus State Property shall be disposed of; to provide for exceptions; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. It shall be the duty and responsibility of the head of each department, institution or agency of the State to furnish upon written request by the Supervisor of Purchases on such forms as provided by him, a list of all surplus personal property held by that department, institution or agency at the time of the request. These requests may be made by the Supervisor of Purchases as often as he deems necessary. Lists. Section 2. The Supervisor of Purchases is hereby authorized, and it shall be his duty, to dispose of such surplus

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property by transfer to other State agencies, or to sell to the highest responsible bidder for cash, or, trade in such surplus property on the purchase of new equipment if the Supervisor shall determine that such action is for the best interest of the State, or, where the Supervisor of Purchases shall determine that the surplus property has no value shall order its destruction and disposal and order its removal from the inventory of the department, institution or agency with such action noted thereon. Sale or transfer. Section 3. The Supervisor of Purchases shall promulgate such rules and regulations as may be required to carry out the duties required in this section, and shall establish procedures whereby the sale of surplus State property shall be advertised, and competitive bids for the purchase thereof shall be secured. Rules. Section 4. Any official, officer or employee of the State who shall cause State property having a value of less than $100.00 to be disposed of in violation of section 2 and section 3 of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor. If such property shall have a value of $100.00 or more, he shall be guilty of a felony and upon conviction thereof shall be punished by imprisonment in the penitentiary for a period of not less than one year nor more than five years. Crimes. Section 5. Nothing contained within this Act shall be construed so as to apply to any real property owned by the State, and this Act shall not apply to such property, nor shall this Act be construed so as to prohibit the Attorney General from distributing or selling the published reports of the opinions of the Attorney General. Provided, further, nothing herein contained shall prohibit the transfer of title to any surplus personalty of the State of Georgia to any county, municipality or other political subdivision of this State by gift, negotiated sale, or otherwise. Intent. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 8, 1968.

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REGISTRY OF MORTGAGES ON PROPERTY OF RAILROADS AND OTHER UTILITIES. Code 67-108.1 Amended. No. 1070 (House Bill No. 1511). An Act to amend Code section 7-108.1, relating to registry of mortgages and security deeds on property of railroads and public utilities, so as to include corporations or entities engaging in the furnishing of telephone service or the production, transmission or distribution of electricity within the provisions of said code section; to provide that any mortgage, security deed indenture, deed of trust, or security agreement which has been filed or recorded as provided in said code section need not be refiled or recorded; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 67-108.1, relating to registry of mortgages and security deeds on property of railroads and public utilities, is hereby amended by striking Code section 67-108.1 in its entirety and inserting in lieu thereof a new code section to read as follows: 67-108.1 Registry of mortgages on property of railroads and other utilities .A mortgage, deed to secure debt, indenture, deed of trust, or other security agreement or any supplement or amendment thereto relating to both real and personal property made by a railroad corporation, electric or gas corporation, or other public utility corporation, or any corporation or other entities engaged in the furnishing of telephone service or the production, transmission or distribution of electricity, or by any receivers, trustees, or other legal officers in poossession of or operating any such corporation or other entity, shall be recorded on the real property records in the office of the clerk of the superior court in each county in this state in which any of said property is situated. The clerk of the superior court in each county shall also be required to cross-index any personalty involved on such instruments in the indices maintained by

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said clerk in which are recorded all liens, mortgages, or other encumbrances on personal property. Any such security agreement or any supplement or amendment thereto shall be valid only from the time it is filed for record, against subsequent creditors, grantees, purchasers and mortgagees acting in good faith and without notice. Such instruments need not otherwise be filed or refiled except as may be provided by the Motor Vehicle Certificate of Title Act of this state (Ga. L. 1961, p. 69, et seq.), as amended. To the extent that any mortgage, deed to secure debt, indenture, deed of trust, or other security agreement or any supplement or amendment thereto, heretofore executed, has been filed or recorded as provided herein, it need not be refiled or re-recorded hereunder, and nothing herein shall be deemed to impair the lien or effect of any such instrument heretofore executed which has been recorded or filed in accordance with the laws of this state applicable thereto prior to the effective date of this section. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 8, 1968. UNIFORM COMMERCIAL CODE AMENDEDSECURITY INTERESTS IN PROPERTY OF CERTAIN UTILITIES. Code 109A-9-302 Amended. No. 1071 (House Bill No. 1512). An Act to amend Chapter 109A-9 of the Uniform Commercial CodeSecured Transactions, so as to exempt from the filing provisions of said chapter security interest in property of corporations and other entities engaged in the furnishing of telephone service or the production, transmission or distribution of electricity; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1. Chapter 109A-9 of the Uniform Commercial CodeSecured Transactions, is hereby amended by inserting after the words public utility in paragraph (c) of subsection 3 of section 109A-9-302 the following: or any corporations or other entities engaged in the furnishing of telephone service or the production, transmission or distribution of electricity,, so that when so amended paragraph (c) of subsection 3 of section 109A-9-302 shall read as follows: (c) of this State which specifically provides for the recording of mortgages, deeds to secure debt, indentures, deeds of trust or other security agreements relating to property of railroad, electric, gas or other public utility corporations, or any corporations or other entities engaged in the furnishing of telephone service or the production, transmission or distribution of electricity, or of any receivers, trustees or other legally appointed officers in possession of or operating any such corporations. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 8, 1968. GEORGIA HEALTH CODE AMENDEDRADIOACTIVE WASTE DISPOSAL. Code 88-1306A Enacted. No. 1075 (House Bill No. 1586). An Act to amend Code Chapter 88-13, relating to radiation control, so as to authorize the Department of Public Health to purchase, lease, accept or acquire a suitable site or sites for the concentration and storage of radioactive

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wastes; to provide for supervision and administration of such sites; to authorize the Department of Public Health to promulgate and enforce regulations pertaining to the use and operation of such sites; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 88-13 relating to radiation control is hereby amended by adding immediately following section 88-1306 a new section to be known as section 88-1306A, to read as follows: 88-1306A. Radioactive Waste Disposal . In addition to the power and duties conferred upon the department by section 88-1306, the department is empowered as follows: (a) To request the State Properties Acquisition Commission, which thereupon shall be authorized, subject to the provisions of the State Properties Acquisition Law, Code Chapter 36-1.1, to acquire by purchase, acceptance, or condemnation, for and on behalf of the State of Georgia, any and all lands, buildings and grounds where radioactive byproducts and wastes produced by industrial, medical, agricultural, scientific or other organizations can be concentrated, stored or otherwise disposed in a manner consistent with the public health and safety. (b) The department, or its duly authorized agent or agents, may for and in behalf of the State accept, receive, and receipt for moneys, lands, buildings and grounds given or conveyed to the State by the Federal Government or given or conveyed to the State by any other public or private agency, or person, for the acquisition or operation of a site or sites for the concentration or storage of radioactive by-products and wastes, provided that any moneys so received shall be handled as provided in subsection (g) hereof. (c) The operation and administration of any and all sites acquired for the concentration or storage of radioactive by-products and wastes shall be under the direct

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supervision of the department and shall be in accordance with rules and regulations adopted and promulgated by the department to protect the public health and safety. (d) The department may lease such lands, buildings and grounds as it may acquire under the provisions of this section, or issue a license for the use of such property, to a private person, as defined in this title, for the purpose of operating a site or sites for the concentration or storage of radioactive by-products and wastes. (e) The department is authorized to enter into contracts as it may deem necessary for carrying out the provisions of this section. (f) It is recognized by the General Assembly that the utilization of sites for the concentration or storage of radioactive by-products and waste material constitutes a continuing responsibility in the interests of the public health, safety and general welfare, and that the same must ultimately be reposed in a sovereign government without regard for the existence or nonexistence of any particular agency, instrumentality, department, division or officer thereof. In all instances lands, buildings and grounds which are designated as sites for the concentration and storage of radioactive by-products and waste materials shall be acquired in the name of the State in fee simple. All rights, title and interest in, of and to any radioactive by-products and waste materials accepted by the department for permanent storage at such facilities, shall upon acceptance become the property of the State and shall be in all respects administered, controlled, and disposed of, including transfer by sale, lease, loan or otherwise, by the department in the name of the State. (g) In order to finance such perpetual custody and maintenance of radioactive by-products and waste materials as the department may undertake, the development may establish, modify and collect fees from private or public parties holding radioactive by-products and waste materials for custodial purposes to defray the estimated cost of the department's custodial management activities. All such fees,

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when received by the department shall be transmitted to the State Treasurer who shall place the money in a special account, in the nature of a revolving trust fund, which may be designated, `perpetual maintenance fund,' to be disbursed on authorization of the department. Monies in the perpetual maintenance fund may be invested in United States bonds or treasury bills or in such other securities as may be approved by the State Treasurer and the department; provided, however, that any interest accruing as a result of such investment shall accrue to this special perpetual maintenance fund. The perpetual maintenance fund shall be used exclusively for maintenance obligations. Any monies received by the department for the special purpose of acquisition of a site or sites as provided in this section shall likewise be transmitted to the State Treasurer who shall place the money in a separate special account which may be designated `special acquisition fund,' to be disbursed on authorization of the department. If at any time the department shall deem that any monies in the `special acquisition fund' are not required for such purposes, all or any part of such funds may be transferred to the `perpetual maintenance fund'. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 8, 1968. STATE BOARD OF CORRECTIONSOATH OF OFFICE FOR WARDENS AND OTHER CUSTODIAL OFFICERS. No. 1076 (House Bill No. 1593). 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, so as to provide for an oath of office for wardens, deputy wardens,

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guards and other custodial officers; 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 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, is hereby amended by adding between section 18 and section 19 a new section to be known as section 18A to read as follows: Section 18A. Before entering upon the duties of their office, wardens, deputy wardens, guards, and other custodial officers shall take and subscribe before some officer authorized to administer oaths, the following oath: `I do solemnly swear (or affirm) that I will support and defend the constitution of the United States of America and the State of Georgia, and that I will faithfully perform and discharge the duties of my office conscientiously and without malice or partiality, to the best of my ability. So help me God.' Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 8, 1968. INTEREST ON UNLIQUIDATED DAMAGES UNDER CERTAIN CONDITIONS. No. 1077 (House Bill No. 432). An Act to provide for interest on unliquidated damages under certain conditions; to provide for notice by the claimant; to produce that evidence or discussion of interest on unliquidated damages shall not be submitted to the jury; to provide for a short title; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1. (a) Where a claimant has given written notice by registered or certified mail to a person of whom claim is made of a sum not exceeding $5000.00 claimed as unliquidated damages in an action ex delicto, and the person of whom such claim is made fails to pay said amount within 30 days from the mailing of said notice, then the claimant shall be entitled to receive interest on the claimed sum if, upon trial of the case in which the claim is made, the judgment is for an amount not less than the sum claimed. (b) The written notice referred to in subsection (a) may be given on only one occasion and shall specify that it is being given pursuant to this Act. (c) The interest provided for shall be at the rate of seven percent (7%) per annum and shall begin to run from the 30th day following the date of the mailing of the written notice until the date of judgment. (d) Evidence or discussion of interest on liquidated damages as well as evidence of the offer shall not be submitted to the jury. Interest shall be made a part of the judgment upon presentation of evidence to the satisfaction of the court that the provisions of this Act have been compiled with and that the verdict, or the award by the judge trying a case without a jury, is equal to or exceeds the amount claimed in the notice. (e) This Act shall be known and may be cited as the Unliquidated Damages Interest Act. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 9, 1968.

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UNIFORM ACT REGULATING TRAFFIC ON HIGHWAYS AMENDEDSPEED RESTRICTIONS ON LIMITED ACCESS HIGHWAYS. No. 1079 (House Bill No. 841). An Act to amend an Act entitled Uniform Act Regulating Traffic on Highways, approved January 11, 1954 (Ga. L. 1953, Nov.-Dec. Sess., p. 556) as amended, particularly by an Act approved February 18, 1963 (Ga. L. 1963, p. 26), and an Act approved March 17, 1965 (Ga. L. 1965, p. 322), so as to change the speed restrictions for vehicles traveling on four lane limited access highways as approved by the Highway Department Safety Director; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled Uniform Act Regulating Traffic on Highways, approved January 11, 1954 (Ga. L. 1953, Nov.-Dec. Sess., p. 556), as amended, particularly by an Act approved February 18, 1963 (Ga. L. 1963, p. 26), and an Act approved March 27, 1965 (Ga. L. 1965, p. 322), is hereby amended by striking in its entirety subparagraph 3 of subsection (b) of Section 48, and substituting in lieu thereof the following: 3. On all highways which comprise a part of the National System of Interstate and Defense Highways and all other limited access highways as approved by the Highway Department Safety Director, having not less than four traffic lanes, the minimum speed shall be 40 miles per hour and the maximum speed shall be 70 miles per hour from one-half hour before sunrise until one-half hour after sunset. At other times the minimum speed shall be 40 miles per hour and the maximum speed shall be 65 miles per hour. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 9, 1968.

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ATTORNEYS-AT-LAWQUALIFICATIONS OF APPLICANTS FOR ADMISSION TO BAR. Code 9-103 Amended. No. 1080 (House Bill No. 870). An Act to amend Code section 9-103, relating to the qualifications of applicants for admission to the practice of law, as amended, by an Act approved February 15, 1952 (Ga. L. 1952, p. 150), an Act approved April 9, 1963 (Ga. L. 1963, p. 458), and an Act approved March 10, 1966 (Ga. L. 1966, p. 274), so as to provide certain exceptions and exemptions from the educational requirements prescribed for admission to the practice of law; to provide for filing an exemption; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 9-103, relating to the qualifications of applicants for admission to the practice of law, as amended, by an Act approved February 15, 1952 (Ga. L. 1952, p. 150), an Act approved April 9, 1963 (Ga. L. 1963, p. 458), and an Act approved March 10, 1966 (Ga. L. 1966, p. 274), is hereby amended by striking from subparagraph (iii) of subparagraph (b) of section 9-103 the following: 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, and inserting in lieu thereof the following: nor shall it apply to any high school graduate who was on March 10, 1966 enrolled in a law school, even though such graduate was not in actual physical attendance at such school on said date, or who, at such time, is, so that when so amended subparagraph (iii) shall read as follows:

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(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 by this Chapter, nor shall it apply to any high school graduate who was on March 10, 1966 enrolled in a law school, even though such graduate was not in actual physical attendance at such school on said date, or who, at such time, is 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. Any person that filed an exemption as provided by an Act approved March 10, 1966 (Ga. L. 1966, p. 274) and was not exempted by the Board of Bar Examiners, but is exempted by the provisions of this Act must claim an exemption by filing with the Board of Bar Examiners by June 1, 1968 in such form as the Board may require a claim asserting such exempted status. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 9, 1968.

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MINIMUM FOUNDATION PROGRAM OF EDUCATION ACT AMENDED. No. 1082 (House Bill No. 900). 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, particularly by an Act approved April 14, 1967 (Ga. L. 1967, p. 759), so as to provide that a certain percentage of all lapsed funds appropriated to the Department of Education for the purpose of financing the minimum foundation program for the immediately preceding fiscal year shall be taken into account in determining that portion of the estimated cost of the State-wide minimum foundation program to be paid by local funds; 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, particularly by an Act approved April 14, 1967 (Ga. L. 1967, p. 759), is hereby amended by inserting between the words basis and provided as they appear in subparagraph (2) of subsection (B) of section 22 the following: and then subtracting therefrom the product derived from the multiplication of the percentage used in calculation of the required local effort in the immediately preceding fiscal year by the total of all lapsed funds appropriated to the Department of Education to finance the minimum foundation program of education, so that when so amended subparagraph (2) of subsection (B) of section 22 shall read as follows: (2) The State Board of Education shall determine the portion of the estimated cost of the State-wide minimum foundation program to be paid by local funds by multiplying the estimated cost of the State-wide minimum foundation

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program for the school year by the percentage share of the cost of such State-wide program to be paid by local funds on a State-wide basis and then subtracting therefrom the product derived from the multiplication of the percentage used in calculation of the required local effort in the immediately preceding fiscal year by the total of all lapsed funds appropriated to the Department of Education to finance the minimum foundation program of education, provided, however, that the share of the estimated cost of the State-wide minimum foundation program to be paid by local funds shall thereafter be increased at the beginning of each subsequent fiscal school year by one percentage point per year for two years, so that commencing with the 1967-68 fiscal school year the State-wide cost of the minimum foundation program shall be shared on the basis of eighty-two percent (82%) State funds and eighteen percent (18%) local funds and shall thereafter be increased at the beginning of each fiscal school year beginning with the 1969-70 fiscal school year by one half of one percentage point at the beginning of that fiscal school year and each subsequent fiscal school year so that commencing with the 1972-73 fiscal school year the State-wide cost of the minimum foundation program shall be shared on the basis of 80% State funds and 20% local funds. Estimated cost. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 9, 1968. BANKS AND BANKINGPURCHASE OF STOCKS AND INVESTMENTS. Code 13-2023 Amended. No. 1083 (House Bill No. 935). An Act to amend Code section 13-2023, relating to purchase of stocks and investment securities by banks, as amended, so as to provide for the purchase of capital stock in subsidiary corporation organized for the purpose

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of exercising such incidental powers authorized under Code section 13-1802 as may be necessary to carry on the business of banking; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 13-2023, relating to purchase of stocks and investment securities by banks, as amended, is hereby amended by adding after subsection (g) a new subsection to be known as subsection (h) to read as follows: (h) Provided further that any bank may, subject to the prior approval of the Superintendent of Banks, purchase and own all of the capital stock of one or more subsidiary corporations organized for the purpose of exercising such incidental powers authorized under Code section 13-1802 as may be necessary to carry on the business of banking. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 9, 1968. WORKMEN'S COMPENSATION ACT AMENDED. Code 114-101 Amended. No. 1084 (House Bill No. 957). An Act to amend Code section 114-101, relating to the definition of the term Employer and Employee for purposes of Workmen's Compensation, as amended by an Act approved March 20, 1943 (Ga. L. 1943, p. 401), an Act approved February 17, 1950 (Ga. L. 1950, p. 324), an Act approved February 17, 1950 (Ga. L. 1950, p. 404), an Act approved February 15, 1952 (Ga. L. 1952, p. 167), an Act approved March 4, 1953 (Ga. L. 1953, p. 526), an Act approved March 21, 1958 (Ga. L. 1958, p. 183), an Act approved March 18, 1964 (Ga. L. 1964, p. 675) and

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an Act approved April 14, 1967 (Ga. L. 1967, p. 633), so as to provide that all full-time county employees, certain county officers, and employees of elected, salaried county officials are Employees within the meaning of this Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 114-101, relating to the definition of the term Employer and Employee for purposes of Workmen's Compensation, as amended by an Act approved March 20, 1943 (Ga. L. 1943, p. 401), an Act approved February 17, 1950 (Ga. L. 1950, p. 324), an Act approved February 17, 1950 (Ga. L. 1950, p. 404), an Act approved February 15, 1952 (Ga. L. 1952, p. 167), an Act approved March 4, 1953 (Ga. L. 1953, p. 526), an Act approved March 21, 1958 (Ga. L. 1958, p. 183), an Act approved March 18, 1964 (Ga. L. 1964, p. 675) and an Act approved April 14, 1967 (Ga. L. 1967, p. 633), is hereby amended by adding at the end of the second paragraph of said section a new sentence to read as follows: All full-time county employees and employees of elected salaried county officials are hereby specifically included herein. There shall also be included within said term the various elected county officers of an individual county if the governing authority of said county shall provide therefor by appropriate resolution., so that when so amended Code section 114-101 shall read as follows: 114-101. `Employer' and `employee' defined .`Employer' shall include the State of Georgia and all departments thereof, each county within the State, any municipal corporation within the State and any political division thereof, any individual, firm, association or corporation engaged in any business operated for gain or profit, except as hereinafter provided, and the receiver or trustee of the same, any electric membership corporation organized under Chapter 34-A of the Code of Georgia or other cooperative corporation engaged in rural electrification, including electric refrigeration

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cooperatives, any telephone cooperative organized under Chapter 104-3, or other cooperative or nonprofit corporation engaged in furnishing telephone service, and the legal representative of a deceased employer, using the service of another for pay. If the employer is insured, this term shall include his insurer as far as applicable. `Employee' shall include every person in the service of another under any contract of hire or apprenticeship, written or implied, except one whose employment is not in the usual course of the trade, business, occupation or profession of the employer and, except as hereinafter provided, minors are included even though working in violation of any child labor law or other similar statute: Provided, that nothing herein contained shall be construed as repealing or altering any such law or statute. Any reference to any employee who has been injured shall, when the employee is dead, include also his legal representatives, dependents and other persons to whom compensation may be payable, pursuant to the provisions of this law. All firemen and policemen whose compensation is paid by the State or any county or municipality, regardless of the method of appointment or employment, are hereby specifically included herein. All full-time county employees and employees of elected, salaried county officials are hereby specifically included herein There shall also be included within said term the various elected county officers of an individual county if the governing authority of said county shall provide therefor by appropriate resolution. In every county in the State of Georgia having a population of 300,000 or more according to the present or any future United States census, the term `employee' shall include all political divisions of the State of Georgia, including school districts and any other area whose management and operation for educational purposes is under the control and direction of the county board of education of such county. In all counties having a population of less than 300,000, according to the United States decennial census of 1960 or any future United States decennial census, the county

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boards of education of such counties are hereby authorized to provide Workmen's Compensation insurance coverage on the employees of any such county boards of education. Before any board of education can provide any such insurance coverage, it shall adopt an appropriate resolution, at any public meeting of the board, setting forth the procedure for furnishing and maintaining such insurance coverage. From the date of the adoption of such resolution any such board of education shall be deemed to be an employer within the meaning of the laws relating to and governing Workmen's Compensation in Georgia. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 9, 1968. LIABILITY OF MANUFACTURERS AND SELLERS OF PERSONAL PROPERTY TO USERS. Code 105-106 Amended. No. 1085 (House Bill No. 1030). An Act relating to the liabilities of a manufacturer or seller of personal property to a user, consumer or person who may reasonably be affected by the property who suffers injury to his person or property because the property when sold was not merchantable and reasonably suited to the use intended; in connection therewith to amend section 105-106 of the Code of Georgia of 1933, as amended, relating to privity to support an action in tort; and to correlate thereto section 109A-2-318 of the Code of Georgia of 1933, as amended, relating to third party beneficiaries of express or implied warranties; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Section 105-106 of the Code of Georgia of 1933, as amended, relating to privity to support an action

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for tort, is hereby amended by adding at the end thereof the following: and except as provided in Code Section 109A-2-318. However, the manufacturer of any personal property sold as new property, either directly or through a dealer or any other person, shall be liable in tort, irrespective or privity, to any natural person who may use, consume or reasonably be affected by the property and who suffers injury to his person or property because the property when sold by the manufacturer was not merchantable and reasonably suited to the use intended and its condition when sold is the proximate cause of the injury sustained; a manufacturer may not exclude or limit the operation hereof. so that as amended section 105-106 shall read as follows: 105-106. Privity to support action . No privity is necessary to support an action for tort; but if the tort results from the violation of a duty, itself the consequences of a contract, the right of action is confined to the parties and privies to that contract, except in cases where the party would have a right of action for the injury done independently of the contract and except as provided in Code Section 109A-2-318. However, the manufacturer of any personal property sold as new property, either directly or through a dealer or any other person, shall be liable in tort, irrespective of privity, to any natural person who may use, consume or reasonably be affected by the property and who suffers injury to his person or property because the property when sold by the manufacturer was not merchantable and reasonably suited to the use intended and its condition when sold is the proximate cause of the injury sustained; a manufacturer may not exclude or limit the operation hereof. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 9, 1968.

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EASTERN JUDICIAL CIRCUITJUDGE'S SUPPLEMENT. No. 1104 (House Bill No. 1480). An Act to supplement the salaries of the judges of the superior court of the Eastern Judicial Circuit of Georgia, which lies wholly within the County of Chatham, by an additional sum of two thousand four hundred dollars ($2,400.00) to be paid by the commissioners of Chatham County in addition to that now provided by the Constitution and laws of this State; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The county commissioners of Chatham County, Georgia, are hereby authorized to supplement the present salary of the judges of the superior court of the Eastern Judicial Circuit of Georgia, which lies wholly within the County of Chatham, in the sum of two thousand four hundred dollars ($2,400.00) per year out of county funds in addition to such amounts now being paid under the Constitution of Georgia and amendments thereto, and in addition to the supplement authorized by the Acts of the General Assembly, approved February 9, 1949 (Acts 1949, page 406), and also in addition to all amounts paid under any Act of the General Assembly passed by authority and in pursuance of Article 3, Section 11, Paragraph 1 of the Constitution of 1945 (Code, Ann., Sec. 2-2301) fixing salaries paid by the State of Georgia to superior court judges. Such supplemental salary, if so fixed shall be paid to each of the incumbent judges in equal monthly installments and charged to court expenses of Chatham County, Georgia. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. State of Georgia, Chatham County. Personally appeared before me Charles H. Morris to me known, who being by me sworn, deposes and says:

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That he is the vice president of Southeastern Newspapers Corporation, a Georgia corporation, doing business in Chatham County, Georgia, under the trade name of Savannah News-Press; That said corporation is the publisher of the Savannah Evening Press, a daily newspaper published in said county; That he is authorized to make affidavits of publication on behalf of said publisher corporation; That said newspaper is of general circulation in said county and in the area adjacent thereto and is the newspaper designated and customarily used by the Sheriff of Chatham County for the publication of advertisements and by the other officials and official bodies of and in said county for the publication of notices required by law; That he has reviewed the regular editions of the Savannah Evening Press published on December 29, 1967, January 5, 1968, January 12, 1968, and finds that the following advertisement, to-wit: Notice of Intention to Apply for Local Legislation. Notice is hereby given of intention to apply to the January 1968 session of the General Assembly of Georgia for the passage of local legislation to authorize the county commissioners of Chatham County, Georgia and ex-officio judges thereof to supplement the salaries of each of the judges of the Eastern Judicial Circuit of Georgia, lying wholly within the County of Chatham, in the sum of two thousand four hundred dollars ($2,400.00) in addition to all other sums paid them under the Constitution and laws of this State. Said sums to be charged as part of the court expenses of said County, and for other purposes. Said legislation may contain any matter germane to said Act as provided. This 29th day of December, 1967. J. E. Lambright Chatham County Administrator appeared in each of said editions. /s/ Charles H. Morris

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Sworn to and subscribed before me, this 16th day of January, 1968. /s/ Mariam Potter, Notary Public, Chatham County, Georgia. (Seal). Approved April 9, 1968. JUVENILE COURT LAW STUDY COMMISSION. No. 201 (House Resolution No. 379-853). A Resolution. Creating the Juvenile Court Law Study Commission; and for other purposes. Whereas, the Juvenile Court Art of 1951 was created with the view that juvenile courts would act as parens patriae to juvenile offenders; and Whereas, the Juvenile Court Act of 1951 contemplated informal proceedings designed to afford juveniles protection and guidance as opposed to trial procedures with criminal sanctions; and Whereas, the Supreme Court of the United States in recent decisions has held that constitutional safeguards apply to juvenile court proceedings; and Whereas, the Juvenile Court Act of 1951 needs complete revision in order to meet the standards that experts predict the Supreme Court of the United States will require when the appropriate questions are presented to the Court; and Whereas, the Juvenile Court Act of 1951 needs a complete revision in order to provide for a uniform system of juvenile courts in Georgia; and

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Whereas, a great amount of study and consideration will be required to provide Georgia with a completely modern juvenile court system that will withstand the test of time and Supreme Court scrutiny. Now, therefore, be it resolved by the General Assembly of Georgia that there is hereby created the Juvenile Court Law Study Commission. The Commission shall be composed of Twelve (12) members as follows: Three (3) members of the House of Representatives to be appointed by the Speaker; Three (3) members of the Senate to be appointed by the President of the Senate; and Six (6) other members to be appointed by the Governor, Two (2) of whom shall be juvenile court judges who are not superior court judges, One (1) of whom shall be a superior court judge, and Three (3) of whom shall be selected from facilities of the law schools of Emory University, the University of Georgia, and Mercer University. The Commission shall study the juvenile court procedures of Georgia, other states, and of other countries, and shall elicit views from experts in juvenile affairs and laws. It shall study recent court decisions affecting juvenile courts and shall create a new juvenile court system for Georgia, having in mind a uniform system that will operate throughout the State. It shall be the Commission's duty to devise a juvenile court law that is modern, efficient and constitutionally sound. The members of the Commission shall be appointed within thirty (30) days after approval of this Resolution by the Governor or after it otherwise becomes law. The members shall meet within thirty (30) days after all members have been appointed for the purpose of organizing, electing a chairman and such officers as are deemed advisable and adopting the procedures for the operation of the Commission. The Commission shall remain in existence until December 31, 1969, at which time the Commission shall present to the Governor and General Assembly a report and proposed legislation creating a new juvenile court system for the State.

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The Commission is authorized to employ a full-time staff, consisting of no more than two (2) secretaries, a clerk and legal counsel, to be paid for from funds appropriated to or available to the executive branch of government and from other available funds. The compensation to be received by staff members shall be fixed by the Chairman with the advice and consent of the Governor. The members of the Commission shall receive the expenses and allowances authorized for legislative members of interim legislative committees, but shall receive the same for not more than forty (40) days. The superior court judge and juvenile court judges shall be paid from the same funds from which they are otherwise compensated. The other non-legislative members of the Commission shall be paid from the funds appropriated to or available to the executive branch of the government and from any other available funds. The legislative members of the Commission shall be paid from the funds appropriated to or available to the legislative branch of the government and from any other available funds. Approved April 9, 1968. DEPARTMENT OF URBAN AND MUNICIPAL AFFAIRS STUDY COMMITTEE. No. 205 (House Resolution No. 414-923). A Resolution. Creating a committee to study the feasibility of establishing a State Department of Urban and Municipal Affairs; and for other purposes. Whereas, the rapid growth in population being experienced by urban areas has placed intolerable burdens upon the municipalities and urban areas of our state; and

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Whereas, said population growths have led to increasing demands for additional services upon urban and municipal governments; and Whereas, it is often heard that the state government is not responsive to or congnizant of the problems of urban areas. Now, therefore, be it resolved by the General Assembly that there is hereby created a committee to be composed of five Senators to be appointed by the Lieutenant Governor, five members of the House of Representatives to be appointed by the Speaker of the House of Representatives, and five members from the state-at-large to be appointed by the Governor. The committee shall make an exhaustive and comprehensive study into the desirability and feasibility of establishing as a department of the state government a Department of Urban and Municipal Affairs. The committee shall make a report of its findings and recommendations by December 1, 1968, at which time it shall stand abolished. The legislative members herein provided for shall be compensated from funds appropriated to the legislative branch of government. The five members herein provided for and appointed by the Governor shall be compensated from funds appropriated to the executive branch of government. All members of the committee herein provided for shall be compensated as to expenses, compensation and allowances on a per diem basis in the same amount as is authorized by law for legislative members serving on interim committees. Approved April 9, 1968.

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LAND CONVEYANCE TO CITY OF GRIFFIN. No. 208 (House Resolution No. 430-952). A Resolution. Authorizing the conveyance of certain real estate located in the City of Griffin in Spalding County, Georgia; and for other purposes. Whereas, on March 22, 1949, the City of Griffin, a municipal corporation in the County of Spalding, deeded to the State of Georgia a tract of land for and in consideration of $1.00 and other valuable considerations; said conveyance being recorded in deed book 114, folio #499, in the office of the clerk of the Superior Court of Spalding County on March 23, 1949; and Whereas, the City of Griffin, County of Spalding, deeded said property to the State of Georgia to be used by the State of Georgia and the Georgia National Guard for National Guard armory purposes; and Whereas, said property is no longer needed by the State of Georgia or by the Georgia National Guard for armory purposes; and Whereas, it is only just and proper that the State of Georgia reconvey said property to the City of Griffin for the same consideration paid by the State to the City of Griffin for said property; and Whereas, said tract or parcel of land is more fully described as follows: Said tract of land being a portion of land lots nos. 142 and 147 in second land district of original Monroe, now Spalding County, and bounded as follows: On the south, west and north by the City of Griffin, on the east by South Ninth Street and the City of Griffin. Said land being more particularly described by a plat made by J. H. Hamilton, C. E. and on file in the office of the clerk of superior court in plat book 4, page 157.

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Beginning at a point that is three hundred three (303) feet north 35 degrees 45 minutes east of corner of land lots nos. 142, 147 and 141, 148; thence running north 70 degrees 45 minutes west three hundred (300) feet; thence north 5 degrees 15 minutes east two hundred (200) feet; thence north 5 degrees 20 minutes west four hundred ninety-nine and three tenths (499.3); thence north 85 degrees, 00 minutes east one hundred forty-one and four tenths (141.4) feet, which point is on the west boundary of South Ninth Street; thence along the west boundary of South Ninth Street south 10 degrees 15 minutes east one hundred (100) feet; thence south 14 degrees 45 minutes east one hundred (100) feet; thence south 21 degrees 30 minutes east ninety-nine and eight tenths (99.8) feet; thence south 31 degrees 15 minutes east ninety-nine and seven tenths (99.7) feet; thence south 30 degrees 30 minutes east one hundred (100) feet; thence south 43 degrees 45 minutes east one hundred five and seven tenths (105.7) feet which point marks the end of South Ninth Street boundary; thence south 19 degrees 00 minutes west three hundred (300) feet to point of beginning. The above described property is deeded by the City of Griffin to the State of Georgia for National Guard Armory purposes and should this site not be used for this purpose within five (5) years from date of this instrument, the land is to revert to the City of Griffin. This deed executed under authority granted by the board of commissioners of the City of Griffin at a regular meeting on the 8th day of March 1949.; and Whereas it is the finding of the General Assembly of Georgia that the tract or parcel of land described herein is surplus and is not needed for State purposes. 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 City of Griffin, a municipal corporation, located in Spalding

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County, Georgia, for and in consideration of the sum of $1.00, the moral obligation of the State, and other valuable considerations all of the rights, titles and interests the State of Georgia has in and to the tract or parcel of land described in this Resolution. 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 or other written instruments that may be necessary and in such form that may be necessary to carry out the provisions of this Resolution and originate or continue record chain of title to the tract or parcel of land herein described. Approved April 9, 1968. HIGHWAY LAWS REVISION COMMITTEE. No. 210 (House Resolution No. 451-994). A Resolution. Authorizing the creation of an Interim Study Committee to revise, consolidate, and recommend the enactment of new laws and to re-codify all laws pertaining to the highways and public roads of the State of Georgia; and for other purposes. Whereas, the present laws of the State of Georgia pertaining to highways and public roads are incomplete and in many respects contradictory, overlapping, ambiguous, and of doubtful meaning; and Whereas, some of said laws are obsolete and others are not adapted to the present demands for increased highway construction, maintenance and safety; and Whereas, the State Highway Department of Georgia has embarked upon a greatly expanded program of highway

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construction in cooperation with the Federal Government and the local political subdivisions of the State; and Whereas, the employment of experts and consultants for such a project will be borne largely by Federal funds; and Whereas, the General Assembly should clarify the laws pertaining to roads and public highways. Now, therefore, be it resolved by the General Assembly of Georgia that there is hereby created a Highway Laws Revision Committee. The Committee shall be composed of five (5) members of the House of Representatives appointed by the Speaker of the House, and five (5) members of the Senate appointed by the Lieutenant Governor. The Chairman of the Committee shall be appointed by the Speaker of the House. The Committee shall conduct a study of all the laws of Georgia pertaining to public roads and highways. It shall be the duty of the Committee to consolidate all of the existing laws to repeal obsolete and conflicting laws, and to propose and recommend new laws pertaining to this subject. The Committee is authorized to hold public hearings if deemed advisable. The Committee shall make its report, including any recommendations for legislation, to the General Assembly not later than the second Monday in January of 1969. The Committee is authorized to employ such technical and clerical help as it deems necessary who shall be members of the Staff of the Committee, such help to be paid by funds appropriated to the State Highway Department and matched by Federal funds. The Committee is hereby authorized to appoint sub-committees and adopt any procedures which it feels will best serve the purposes of this Resolution.

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The Attorney General is hereby authorized to designate a member or members of his staff to advise the Committee on legal matters and to assist in the formulation and drafting of new legislation, who shall likewise be a member of the Staff of the Committee. The members of the Committee shall receive compensation, per diem, expenses and allowances authorized for members of Interim Legislative Committees. Said Committee shall make a report of its findings and recommendations, which report shall be accompanied by such proposed legislation as may be recommended by said Committee on or before the second Monday in January of 1969, on which date the Committee shall stand abolished. Approved April 9, 1968. REPORT OF TEACHER CERTIFICATION POLICIES STUDY COMMITTEE ADOPTED. No. 214 (House Resolution No. 479-1029). A Resolution. Adopting the Report of the Teacher Certification Policies Study Committee; and for other purposes. Whereas, pursuant to House Resolution No. 280 adopted at the 1967 session, the Teacher Certification Policies Study Committee was created to make a thorough study of the teacher training and certification practices and policies of the State Board of Education of Georgia; and Whereas, said Committee has completed its study and submitted its report to all members of the General Assembly; and Whereas, during its study, said Committee heard testimony from many individuals including officials of the State Department of Education, officials of education

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associations and councils, school superintendents, principals, teachers and other knowledgeable in the field of education; and Whereas, said Committee also referred to research reports and other available sources in completing its study; and Whereas, based on its findings and conclusions, said Committee made important recommendations which, if fully implemented, would improve teacher training and certification policies and practices and, thereby, contribute to the betterment of public education in our State. Now, therefore, be it resolved by the General Assembly of Georgia that the Report of the Teacher Certification Policies Study Committee is hereby adopted in its entirety, and it is urged that the recommendations contained therein be fully implemented as soon as practicable. Be it further resolved that the Clerk of the House of Representatives is hereby authorized and directed to transmit a copy of this resolution to each member of the State Board of Education; to Honorable Jack P. Nix, State Superintendent of Schools; to each member of the Board of Regents, and to Honorable George L. Simpson, Jr., Chancellor of the Board of Regents. Approved April 9, 1968. CAMDEN COUNTY DEVELOPMENT AUTHORITYRESOLUTION PROPOSING AMENDMENT TO CONSTITUTION REPEALED. No. 218 (House Resolution No. 497-1084). A Resolution. To repeal a resolution relating to the Camden County Development Authority, found in 1967 Ga. Laws, p. 922; to repeal conflicting laws; and for other purposes.

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Be it resolved by the General Assembly of Georgia: Section 1. A resolution proposing an amendment to the Constitution relating to the Camden County Development Authority, found in 1967 Ga. Laws, p. 922, is hereby repealed in its entirety. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 9, 1968. VALUATION OF PROPERTIES OF PUBLIC UTILITIES BY STATE REVENUE COMMISSIONER. No. 222 (House Resolution No. 524-1104). A Resolution. Directing the State Revenue Commissioner to undertake an examination of properties owned by public utilities in order to ascertain their true fair market values for ad valorem taxation purposes, and to assign said true fair market values to said properties; and for other purposes. Whereas, the State Government, in order to efficiently and effectively carry out its constitutional responsibilities to the citizenry of Georgia must adhere to sound financial principles and policies; and Whereas, over the past few years, practically all of the counties have undertaken to redetermine the valuation of properties owned by private interests in order to assign realistic values for ad valorem taxation purposes; and Whereas, the returns of public utilities are made to the State Revenue Commissioner, and not to the county governments; and

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Whereas, financial responsibility requires that the State Revenue Commissioner utilize the procedure provided by law to assign proper values to properties owned by public utilities doing business in the State of Georgia. Now, therefore, be it resolved by the General Assembly of Georgia that the State Revenue Commissioner is hereby directed to undertake an examination of properties owned by public utilities, and, to the best of his ability, to assign the true fair market value to all properties returned to him for ad valorem taxation by public utilities. Approved April 9, 1968. OKEFENOKEE PARKWAY DESIGNATED. No. 223 (House Resolution No. 525-1114). A Resolution. Designating U. S. Highway 1 from Waycross to Folkston and Georgia State Routes 40 and 23 and 121 from Interstate 95 through Folkston to the Florida line as the Okefenokee Parkway; and for other purposes. Whereas, the main entrance in Charlton County to the Okefenokee National Wildlife Refuge is located approximately seven miles south of Folkston, Georgia, on Georgia State Routes 23 and 121; and the main entrance in Ware County is approximately five miles south on U. S. Highway 1; and Whereas, the federal government is expending approximately $2,000,000.00 to develop fishing, boating, picnicking and other recreational facilities at a site known as Camp Cornelia; and Whereas, the State Highway Department has expended $126,082.00 to construct a four-mile connecting

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highway from Georgia State Routes 23 and 121 to Camp Cornelia; and Whereas, the Okefenokee National Wildlife Refuge is the largest scenic wildlife refuge in the Southeastern United States; and Whereas, this area of Georgia is fast becoming a large tourist attraction. Now, therefore, be it resolved by the General Assembly of Georgia that U. S. Highway 1 from Waycross to Folkston and Georgia State Routes 40 and 23 and 121 from Interstate 95 through Folkston to the Florida line are hereby designated as the Okefenokee Parkway. Be it further resolved that the State Highway Department is hereby authorized and directed to erect appropriate exit markings at the junction of Interstate 95 with State Highway 40 and along U. S. Highway 1 from Waycross to Folkston and along State Routes 40 and 23 and 121 from Interstate 95 to the Florida line evidencing their designation as the Okefenokee Parkway and appropriate markings at the main entrance to Camp Cornelia and the Okefenokee Swamp Park at Waycross. Be it further resolved that the Clerk of the House of Representatives is hereby instructed to transmit an appropriate copy of this Resolution to the mayor and council of the City of Folkston and the City of Waycross. Approved April 9, 1968.

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SUSPENSION OF SALES TAX ON HOLY BIBLES AND TESTAMENTS RATIFIED No. 230 (House Resolution No. 597-1247). A Resolution. To ratify, approve, and confirm the Executive Order of the Governor, dated March 29, 1967, 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, 1967, which is as follows: EXECUTIVE DEPARTMENT THE STATE OF GEORGIA Executive Order By the Governor: 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.

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This 29th day of March, 1967. /s/ Lester Maddox Governor Attest: /s/ Thomas T. Irvin Executive Secretary (Seal of Executive Department impressed) be and the same is hereby ratified, approved and confirmed. Section 2. All laws and parts of laws in conflict with this resolution are hereby repealed. Approved April 9, 1968. SUSPENSION OF SALES AND USE TAX ON SALES TO NON PROFIT HOSPITALS RATIFIED. No. 231 (House Resolution No. 598-1247). A Resolution To ratify, approve and confirm the Executive Order of the Governor, dated March 20, 1967, suspending the collection of taxes imposed by the Georgia Retailers' and Consumers' Sales and Use Tax Act upon the sale of tangible personal property to certain general non-profit hospitals 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 20, 1967, which is as follows:

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EXECUTIVE DEPARTMENT THE STATE OF GEORGIA Executive Order By the Governor: Whereas: The maintenance of public health is one of the principal functions of government; and Whereas: The various general non-profit hospitals located in this State render invaluable assistance to the municipal, county, state and authority owned hospitals in the maintenance of public health; and Whereas: Municipal, county and state owned hospitals have always been exempt from payment of Georgia Sales and Use Taxes; and Whereas: The Supreme Court of Georgia, in the case of Undercofler vs. Hospital Authority of Forsyth County, decided October 19, 1965, has declared all authority owned hospitals to be exempt from such taxes; and Whereas: Under these circumstances, the continued payment of such taxes by general non-profit hospitals will constitute an inequitable burden upon such hospitals in their efforts to assist in the maintenance of public health; and Whereas: Georgia Code section 40-205 provides that the Governor of the State of Georgia may suspend the collection of taxes, or any part thereof, due the State until the next meeting of the General Assembly; it is, therefore, Ordered: That the collection of Georgia Sales and Use Taxes on the sale and use of tangible personal property and services purchased by non-profit general hospitals and used exclusively by such hospitals in performing a general hospital function in this State,

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provided such hospitals are operating under a non-profit hospital charter approved by the Internal Revenue Service, and provided a letter of authorization is secured from the State Revenue Commissioner, be suspended until the next meeting of the General Assembly. This 20th day of March, 1967. /s/ Lester Maddox Governor Attest: /s/ Morgan R. Redwine, Jr. Executive Secretary (Seal of the Executive Department impressed) be and the same is hereby ratified, approved and confirmed. Section 2. All laws and parts of laws in conflict with this resolution are hereby repealed. Approved April 9, 1968. THE GEORGIA GOVERNMENT DOCUMENTS ACT OF 1967. No. 1119 (Senate Bill No. 17). An Act to provide for a system of officially designated Georgia Government Documents in order to obtain maximum efficiency, economy, and usefulness in the publication, compilation, distribution and preservation of the written materials defined as government documents; to constitute an Advisory Council to the Legislative Services Committee to establish, maintain and oversee such system; to prescribe the authority of the Advisory Council; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Citation . This Act shall be known, and may be cited as The Georgia Government Documents Act of 1967.

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Section 2. Definitions . The following words and terms used in this Act shall be given the meanings hereinafter prescribed unless the context indicates otherwise. (a) Advisory Council : The Advisory Council on Georgia Government Documents as constituted in section 3. (b) State Agency : Any State authority, board, commission, committee, corporation, council, department, office, or officer; any State advisory board, commission, committee or council; any State study commission, committee or council; any State administration, association or system; and any other State agency or instrumentality, administrative, legislative or otherwise. (c) Government Document : Any written material produced for dissemination to the public by any State agency; any written material which is required by law to be published or disseminated to the public by any State agency; any written material the publication or distribution of which involves, or may involve, the expenditure of State funds or the funds of any State agency; and any other written material which the Advisory Council may include, or exclude, as a government document pursuant to authorization herein provided. Section 3. The Advisory Council . One member of the Senate selected by the President of the Senate from among the Senators who are members of the Legislative Services Committee, one member of the House of Representatives selected by the Speaker of the House from among the Representatives who are members of the Legislative Services Committee, the Secretary of State, the State Auditor, the State Legislative Counsel and the State Librarian shall constitute the Advisory Council on Georgia Government Documents. The Advisory Council shall organize as soon as possible after the organization of the General Assembly in each biennium; it shall function in the manner of a legislative committee and its expenses shall be funded as if it were a sub-committee of the Legislative Services Committee. The Legislative Services Committee is authorized to approve and provide for the payment of such expenses of the Advisory

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Council as they shall determine to have been properly incurred. The State Treasurer is authorized and directed to provide for the payment of such incurred expenses, properly authorized by the Legislative Services Committee, out of the funds appropriated to the legislative branch of government. Section 4. Responsibility of the Advisory Council . It shall be the responsibility of the Advisory Council to establish, maintain and oversee a system of officially designated Georgia Government Documents and thereby obtain, by the exercise of the authority herein prescribed, maximum efficiency, economy and usefulness in the publication, compilation, distribution and preservation of the materials herein defined as government documents. It is contemplated that the activity of the Advisory Council will be editorial in nature. It is not contemplated that the Advisory Council will act as censor with respect to government documents or have any concern with the content thereof except editorially to accomplish the purposes of this Act. Moreover, it is not contemplated that the Advisory Council will function as a printing establishment or in any way to designate any person or firm as the official printer or printers of government documents. Section 5. Authority of the Advisory Council . (a) The Advisory Council shall have authority to establish classifications of government documents and to prescribe for each classification uniform standards of style, composition and format, including the method of printing or reproduction, binding, page size, weight of paper, type face, type size and similar matters. (b) The Advisory Council shall establish a classification of government documents entitled Georgia Government DocumentsLegislative Series and with the concurrence of the Legislative Services Committee, make provision for the publication under this title and in accordance with the standards prescribed therefor of such legislative committee reports as may be filed with it as legislative history and of all reports produced by legislative study committees. (c) The Advisory Council shall establish a classification of government documents entitled Georgia Government

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DocumentsOfficial Reports Series and direct that all official reports of State agencies be published under the title and in accordance with the standards prescribed therefor. (d) By way of illustration and not specification, it is contemplated that the Advisory Council may establish other classifications of government documents under such titles as Georgia Government DocumentsHistorical Series and, with the concurrence of the Legislative Services Committee, print or reprint under such title and in accordance with the standards prescribed therefor documents which have been of substantial significance in the history of Georgia, or, by way of further illustration, a title such as Georgia Government DocumentsAdministrative Study Reports Series and, with the concurrence of the Legislative Services Committee, direct that study reports developed from the activities of State agencies be published under that title and in accordance with the standards prescribed therefor. (e) The Advisory Council shall have the authority to exempt from the application of this Act, or any part hereof, the government documents produced or published by a State agency solely for its internal official use, or those produced or published for strictly administrative operational or promotional purposes in which, in the judgment of the Advisory Council, the general public has no substantial interest and in which there is no substantial educational value, or those produced or published in such a way that the purpose contemplated by this Act, in the judgment of the Advisory Council will be served adequately without requiring compliance with this Act. (f) The Advisory Council may require of each State agency a report on each government document produced, published or distributed by it, including its distribution list. The Advisory Council may make recommendations to any State agency concerning the expansion or curtailment of the distribution list of any government document. If the recommendation of the Advisory Council is to curtail a distribution list and the recommendation is concurred in by the State Auditor, and if the recommendation is not given effect by the State agency, these facts shall be reported to the

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Legislative Services Committee and shall also be noted by the State Auditor in his audit of the State agency. (g) In connection with the distribution of government documents the Advisory Council may provide for the designation of educational institutions, public or private, as general or special depositories of government documents and provide for the distribution of government documents to these depositories under such rules and regulations as will insure maximum usefulness to the students of this State and the general public. The Advisory Council may revoke the depository designation in any case of non-compliance with its rules and regulations, or where the government documents are being used for private purposes, or where the public interest has been neglected or disregarded. (h) The Advisory Council shall have authority to provide for the distribution of government documents without charge or cost. However, the Advisory Council shall have authority to make a charge or charges for government documents, not in excess of the cost of printing and distribution when in its judgment there is reason to do so in the interest of maximum economy, efficiency and usefulness. All monies received from such charges shall be paid into the State Treasury. Section 6. Authority Inapplicable . The authority granted under section 5 (a) shall not apply to: (1) The publication of the Georgia Reports or the Court of Appeals Reports. (2) The publication of the House or Senate journals. (3) The publication of the annual session laws of the General Assembly. (4) The publication required of the Secretary of State under the Georgia Administrative Procedure Act. (5) Publications by a component of a State agency which is an educational institution or a component of an educational institution.

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(6) The publication of any bulletin, newsletter or gazette disseminating current information relative to developments within a State Agency or information of current interest to a particular constituency of a State Agency. Section 7. Compliance with Standards . When the Advisory Council has established standards for a particular classification of government documents and communicated them to the various State agencies it shall be the duty of each State agency to comply with the standards applicable to the government documents produced, published or distributed within the scope of its activity and any expenditures for the production, publication, or distribution of government documents which are not in compliance with the applicable standards or other directives of the Advisory Council shall be disallowed by the State Auditor as a legitimate expenditure of public funds. Section 8 . All laws or parts of laws in conflict with this Act are hereby repealed. Approved April 9, 1968. COURTSAUTHORIZATION FOR PERSONNEL TO ATTEND CONFERENCES, ETC. Code 24-113 Enacted. No. 1120 (Senate Bill No. 79). An Act to amend Code Chapter 24-1, relating to miscellaneous provisions pertaining to courts, so as to authorize judges of the courts of this State, the clerks thereof, and the prosecuting officials and public defenders, both full-time and part-time, attached thereto, to attend institutes, seminars, conferences and other programs of an educational nature in order to become better informed and better qualified relative to the duties of their offices and the more effective administration thereof; to provide that the expenses involved shall constitute a proper expenditure of

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public funds; 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 24-1, relating to miscellaneous provisions pertaining to courts, is hereby amended by adding a new section to be known as section 24-113, to read as follows: 24-113. Court personnel; institutes, seminars, conferences; expenses . (a) Judges of the courts of this State, the clerks thereof, and the prosecuting officials and public defenders, both full-time and part-time, attached thereto are authorized to attend institutes, seminars, conferences and other programs of an educational nature in order to become better informed and better qualified relative to the duties of their offices and the more effective administration thereof. (b) The expense incurred in connection with the attendance at such institutes, seminars, conferences and other programs shall be a proper expenditure of public funds. Any such person, prior to attendance at any of the above, must obtain approval therefor from the governing authority of any county or municipality located in whole or in part within the jurisdiction of the court to which the applicant is attached. When such approval has been received, the expense of attendance shall be paid out of the public funds of such county or municipality or out of the funds provided for the operation of the court involved, upon the proper itemized expense voucher being submitted. (c) This section shall be cumulative of other provisions of law and shall not be construed as repealing, restricting or limiting alternative provisions for accomplishing the same purpose. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 9, 1968.

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PRACTICE OF LAW BEFORE STATE BOARD OF PARDONS AND PAROLES No. 1121 (Senate Bill No. 201). An Act to provide who may appear and practice before the State Board of Pardons and Paroles for a fee, money or other remuneration; to provide penalty for the violation of this Act; to provide that the members and employees of the board shall be required to keep written records of every person contacting members of the board on behalf of a prisoner; to provide what information shall be included in such record; to provide that a copy of such record shall be placed in the file of the prisoner on whose behalf the contact was made; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. (a) Only duly licensed attorneys who are active members in good standing of the State Bar of Georgia shall be permitted to appear or practice in any matter before the State Board of Pardons and Paroles for a fee, money or other remuneration. Who may practice, crimes. (b) Any person who pays or receives any fee, money or other remuneration in violation of section 1 (a) shall be guilty of a misdemeanor and shall be punished accordingly. Section 2. The State Board of Pardons and Paroles shall maintain a completer written record of every person contacting any member of the board on behalf of a prisoner, which record shall be indexed, and a copy of such record shall be placed in the prisoner's file. Such register shall include the name and address of the person contacting the board member, and the reason for contacting such board member. Records. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 9, 1968.

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INTENTIONAL INHALING OF FUMES OF MODEL GLUE, ETC. No. 1122 (Senate Bill No. 205). An Act to prohibit the intentional inhaling or smelling of fumes from model glue for the purpose of causing a condition of intoxication, stupefaction, euphoria, excitement, exhilaration or dulling of the senses or nervous system; to define model glue; to prohibit the intentional possession, buying, selling or transferring of possession or receiving possession of model glue for the purpose of violating or aiding another person to violate the provisions of this Act; to provide that model glue shall not be sold or transferred to persons under the age of eighteen (18) without the written consent from said person's parent or guardian; to provide for the keeping of records of sales of model glue to persons under the age of eighteen (18); to provide that violation of this Act shall be a misdemeanor and punishable as such; to provide that no provisions of this Act shall be construed to repeal or limit certain laws or ordinances; to provide a severability clause; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. No person shall, for the purpose of causing a condition of intoxication, stupefaction, euphoria, excitement, exhilaration, or dulling of the senses or nervous system, intentionally smell or inhale the fumes from any model glue as hereinafter defined; provided, that this section shall not apply to the inhalation of any anesthesia for medical or dental purposes. Crimes. Section 2. The term, model glue, as used in this Act, shall mean any glue, cement, solvent or chemical substitute containing one or more of the following chemicals: Acetone, amyl chloride (iso-and tertiary), benzene, carbon disulfide, carbon terachloride, chloroform, ether, ethyl acetate, ethyl alcohol, ethylene dichloride, isopropyl acetate, isopropyl alcohol, isopropyl ether, methyl acetate, methyl alcohol, propylene dichloride, propylene oxide, trichlorethylene, amyl acetate,

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amyl alcohol, butyl acetate, butyl alcohol, butyl ether, diethylcarbonate, diethylene oxide (Dioxan), dipropyl ketone, ethyl butyrate, ethylene glycol monoethyl ether (Cellosolve), ethylene glycol monomethyl ether acetate (Methyl Cellosolve Acetate), isobutyl alcohol, methyl amyl acetate, methyl amyl alcohol, methyl isobutyl ketone, toluene. Definitions. Section 3. No persons shall intentionally possess, buy, sell, transfer possession or receive possession of any model glue for the purpose of violating or aiding another person to violate any provision of this Act. Possession, transfer, etc. Section 4. No person shall sell or transfer possession of any model glue to another person under eighteen (18) years of age nor shall any person under eighteen (18) years of age possess or buy any model glue unless the purchase is for model building or other lawful use and the person under eighteen (18) years of age has in his possession and exhibits to the seller or transferor the written consent of his parent or legal guardian to make said purchase or take possession of said model glue. Provided, any minor who shall transfer possession of model glue to another minor for model building or other lawful purpose shall not be held criminally liable for failing to require exhibition of the written consent of the transferee-minor's parents or for failing to keep same available for inspection by law enforcement officials. Sale, etc. Section 5. The person making a sale or transfer of possession of model glue to a person under eighteen (18) years of age must require such purchaser to exhibit the written consent of his parent or guardian and the name and address of the consenting parent or guardian. All data required by this section shall be kept available by the seller for inspection by law enforcement officials for a period of six months. Records. Section 6. Any person who shall violate any of the provisions of this Act shall, upon conviction thereof, be punished as for a misdemeanor. Each violation of any of the provisions of this Act shall be deemed to be a separate and distinct offense. Crimes. Section 7. No provisions in this Act shall be construed to repeal or limit existing laws or ordinances of the governing

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authority of any county or municipality regulating, restricting or prohibiting the sale of model glue to any person under the age of eighteen, nor shall this Act restrict the governing authoirty of any county or municipality from enacting ordinances or regulations governing the regulation of model glue not inconsistent with this Act. Intent. 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. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 9, 1968. REPORTS OF CRUEL TREATMENT OF CHILDREN. Code 74-111 Amended. No. 1123 (Senate Bill No. 210). An Act to amend Code section 74-111, relating to reports of cruel treatment of children, so as to include dentists and podiatrists among those parties permitted to report cases of cruel treatment of children with immunity from civil or criminal liability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 74-111, relating to reports of cruel treatment of children, is hereby amended by inserting

Page 1197

between the words resident and public as they appear in subsection (a) of Code section 74-111 the following: dentist, podiatrist, , so that when so amended subsection (a) of Code section 74-111 shall read as follows: 74-111. (a) Reports by Physicians, other treating personnel, and Institutions . Any physician, including any doctor of medicine licensed to practice under Chapter 84-9 of the Code of Georgia 1933, as amended, licensed osteopathic physician, intern, resident, dentist, podiatrist, public health nurse or welfare worker having cause to believe that a child under the age of twelve brought to him or coming before him for examination, care or treatment has had physical injury or injuries inflicted upon him other than by accidental means by a parent or caretaker, shall report or cause reports to be made in accordance with the provisions of this Section; provided, however, that when the attendance of a physician with respect to a child is pursuant to the performance of services as a member of the staff of a hospital or similar institution he shall notify the person in charge of the institution or his designated delegate who shall report or cause reports to be made in accordance with the provisions of this Section; and provided, further, that when an apparently abused child has been seen by a public health nurse or welfare worker, then said public health nurse or welfare worker shall report his or her observation to the county health officer or, if none, to any licensed physician who shall, after examination and if he concurs that the injuries were inflicted by other than accidental means, report or cause reports to be made in accordance with the provisions of this Section. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 9, 1968.

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CRIMESGAMBLING ACTIVITIES ON OR ADJACENT TO BUSINESSES. No. 1124 (Senate Bill No. 225). An Act to provide that any person who solicits another to commit certain acts, with the intent to defraud or deceive said person; or any person who keeps, maintains, employs or carries on a game for the hazarding of money or other thing of value; or permits the playing for money or other thing of value of a game or device for the hazarding of money or other thing of value; or keeps or employs a device or equipment for the purpose of carrying on or operating a game or device for the hazarding of money or other thing of value; or permits the betting or wagering of money or other thing of value; or sells or offers to sell to a person a ticket number or combination or chance or anything representing a chance in a lottery or other similar scheme; or keeps, maintains, employs, or carries on a lottery or scheme or device for the hazarding of money or other thing of value; or keeps, maintains, or employs a lottery ticket, lottery book, lottery ribbon or other article used in keeping, maintaing or carrying on a lottery or other scheme, game or device for the hazarding of money or other thing of value; or solicits a person to engage in a game or to operate a device for the hazarding of money or other thing of value; or solicits a person to engage in a lottery or other scheme or device for the hazarding of money or other thing of value, with the intent to defraud or deceive any person, on or adjacent to the premises of any business operated for pecuniary gain, shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years; to provide for the construction of this Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Gambling Activities . Any person who solicits another person to commit any of the following acts, with the intent to defraud or deceive said person, on or adjacent to the premises of any business operated for pecuniary gain

Page 1199

shall be guilty of a felony, and upon conviction thereof shall be punished by imprisonment for not less than one nor more than five years: (a) Keeps, maintains, employs or carries on a game for the hazarding of money or other thing of value; or (b) Permits the playing for money or other thing of value of a game or device for the hazarding of money or other thing of value; or (c) Keeps or employs a device or equipment for the purpose of carrying on or operating a game or device for the hazarding of money or other thing of value; or (d) Permits the betting or wagering of money or other thing of value; or (e) Sells or offers to sell, to a person a ticket number or combination or chance or anything representing a chance in a lottery or other similar scheme; or (f) Keeps, maintains, employs, or carries on a lottery or scheme or device for the hazarding of money or other thing of value; or (g) Keeps, maintains, or employs a lottery ticket, lottery book, lottery ribbon or other article used in keeping, maintaining or carrying on a lottery or other scheme, game or device for the hazarding of money or other thing of value; or (h) Solicits a person to engage in a game or to operate a device for the hazarding of money or other thing of value; or (i) Solicits a person to engage in a lottery or other scheme or device for the hazarding of money or other thing of value. Section 2. Construction . This Act is hereby declared to be cumulative of and supplemental to any existing laws making any of the activities prohibited by this Act unlawful and punishable as a misdemeanor, and nothing in this Act shall be construed to repeal, amend, alter or supersede any such existing laws.

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Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 9, 1968. GENERAL ASSEMBLYEXEMPTION FROM SUBPOENAS ETC. DURING SESSIONS. No. 1125 (Senate Bill No. 231). An Act to amend an Act entitled 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. , approved March 15, 1966 (Ga. L. 1966, p. 502), so as to provide that no member of the General Assembly of Georgia shall be compelled to attend and give testimony at any hearing or trial, or to produce books, papers, documents or other tangible things while the General Assembly is in regular or extraordinary session; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to amend an Act entitled An Act to 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

Page 1201

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,, approved March 15, 1966 (Ga. L. 1966, p. 502), is hereby amended by adding at the end of section 1 a new subsection to be known as subsection (h) to read as follows: (h) No member of the General Assembly of Georgia shall be compelled to attend and give testimony at any hearing or trial, or to produce books, papers, documents or other tangible things while the General Assembly is in regular or extraordinary session. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 9, 1968. VETERANSRECORDING OF DISCHARGE CERTIFICATES. No. 1126 (Senate Bill No. 260). An Act to prohibit clerks of the superior courts from charging veterans of certain wars a fee for recording their discharge certificates approved March 27, 1947 (Ga. L. 1947, p. 1177) as amended by an Act approved March 10, 1953 Ga. L. 1953, p. 32) so as to prohibit the clerks of the superior courts from charging any veteran a fee for recording his discharge certificate; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to prohibit clerks of the superior courts from charging veterans of certain wars a fee for

Page 1202

recording their discharge certificates approved March 27, 1947 (Ga. L. 1947, p. 1177) as amended by an Act approved March 10, 1953 (Ga. L. 1953, p. 32) 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. All clerks of the superior courts are hereby prohibited from charging any veteran a fee for recording his discharge certificate. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 9, 1968. PERSONS ENTITLED TO HONORARY DRIVERS' LICENSES. No. 1277 (Senate Bill No. 259). 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, so as to change the requirements for certain honorary drivers' licenses; 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, is hereby amended by striking subsection (4) in its entirety and inserting in lieu thereof a new subsection (4) to read as follows: (4) Residents of this State who are: (a) Veterans who were residents of the State of Georgia at the time of enlistment or induction and who were discharged

Page 1203

under other than dishonorable conditions, and who served on active duty in the armed forces of the United States, or on active duty in a reserve component of the armed forces of the United States including the National Guard, during wartime or during any conflict when military personnel were committed by the President of the United States, and all members or former members of the National Guard and reserve forces who have 20 or more years creditable service therein; or (b) The surviving spouse of a veteran who was a resident of the State of Georgia at the time of enlistment or induction, and who served on active duty in the armed forces of the United States, or on active duty in a reserve component of the armed forces of the United States including the National Guard, during wartime or during any conflict when military personnel were committed by the President of the United States, so long as such spouse remains unmarried. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 9, 1968. SHERIFFS' RETIREMENT FUND OF GEORGIA ACT AMENDED. No. 1128 (Senate Bill No. 252). An Act to amend an Act providing a Sheriffs' Retirement Fund of Georgia, approved April 16, 1963 (Ga. L. 1963, p. 630) so as to clarify the membership of the administrative Board of said Fund; to change the powers of said Board to promulgate rules and regulations; to clarify the duties of said Board in presenting an annual financial statement to the membership: to change the duties of the State Auditor in auditing the Board and its employees; to change the amount of money which shall be paid into the Sheriffs' Retirement Fund as a consequence of the imposition of certain fines and bond forfeitures assessed in

Page 1204

certain criminal and quasi-criminal cases; to provide for the payment of said amounts due said Fund; to provide penalties and interest for the delinquent payment of said sums; to provide a date when such funds as well as funds presently due, shall be deemed delinquent; to clarify the provisions relating to authorized credit for past service; to clarify the date when certain sheriffs shall be required to remit funds to receive credit for past service; to clarify the meaning of the term political subdivision; to change the provisions relating to the manner in which certain sheriffs shall be continued as active members of the Retirement Fund; to clarify and change the provisions relating to reinstatement; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing a Sheriffs' Retirement Fund of Georgia; approved April 16, 1963 (Ga. L. 1963, p. 630) is hereby amended by striking in its entirety section 2 of said Act and inserting in lieu thereof a new section 2 to read as follows: Section 2. The membership of said Board shall consist of the President of the Georgia Sheriffs' Association, by virtue of his office as such president, who shall be Chairman of the Board of Commissioners of the Sheriffs' Retirement Fund of Georgia, the President of the Association of County Commissioners of Georgia, by virtue of his office as such president, and three other sheriffs elected by the Georgia Sheriffs' Association, from its membership, at its annual convention. Such elected members shall each serve for a term of three years and one such member shall be elected each year at the annual convention of said Georgia Sheriffs' Association; provided, that the elected members presently serving on said Board of Commissioners shall continue to serve until the expiration of their respective terms, and until their successor is elected as hereinbefore specified and has qualified to serve. Such elected members from the Georgia Sheriffs' Association shall be members of said Georgia Sheriffs' Association and shall also be active members of the Sheriffs' Retirement Fund of Georgia. All terms of members of said Board of Commissioners shall begin immediately

Page 1205

upon election. Death, resignation, removal from office, or ceasing to hold office as a sheriff of a Superior Court in this State or County Commissioner or an active member of this Fund, as the case may be, for any reason other than retirement under the provisions of this Act shall terminate that member's standing as a Board member, and shall create a vacancy in that position on said Board. Should a vacancy occur on said Board of Commissioners in either of the positions held by the President of said County Commissioners' Association or the President of the Georgia Sheriffs' Association, the remaining members of said Board of Commissioners shall elect a qualified member of said County Commissioners' Association or said Sheriffs' Association, as the case may be, to fill the unexpired term of the office so vacated. Should a vacancy occur in any of the other positions on said Board of Commissioners, the remaining members thereof shall elect a qualified member of said Sheriffs' Association to fill the vacancy until the next annual convention of said Sheriffs' Association, at which convention said Association shall elect one of its members to fill the unexpired term, if any, of such position so vacated. Three members of said Board of Commissioners shall constitute a quorum for the conducting of business. All members of said Board of Commissioners shall serve without pay, but shall be reimbursed for actual expenses incurred in attending meetings and performing duties required as members of said Board. Board. Section 2. Said Act is further amended by striking from section 3 the words governing the employees of said Board of Commissioners and inserting in lieu thereof the following the operation of said Fund, so that when so amended section 3 shall read as follows: Section 3. Said Board of Commissioners is given the following powers and duties: to provide for the collection of all monies provided in this Act; to provide for the payment of all administrative expenses; to hear and decide all applications for retirement benefits provided for under this Act; to provide for the payment of all retirement benefits that may be determined to be due under the terms of this Act and lawful rules and regulations as adopted by said Board; to make all necessary rules and regulations not inconsistent

Page 1206

with law for the operation of said Fund; to determine and fix rules of eligibility of persons to receive retirement benefits under the provisions of this Act; to provide for refunds and repayments to persons who may be entitled to receive same; to keep records of all its meetings; and shall have all other powers necessary for the proper administration of the provisions of this Act. Powers and duties. Section 3. Said Act is further amended by striking in its entirety section 4 of said Act, and inserting in lieu thereof a new section 4 to read as follows: Section 4. Said Board shall keep permanent records of all persons who qualify to participate in the benefits of this Act, and shall keep accurate permanent records of all its accounts in granting retirement benefits, of all payments, disbursements and investments, shall keep proper detailed records of all the acts and operations of said Board, and shall present each year at the annual convention of the Georgia Sheriffs' Association a financial statement of the Fund for the preceding year. Records. Section 4. Said Act is further amended by striking the last sentence of section 9 which reads as follows: The State Auditor shall also have the right to audit the affairs of said Board and any of its employees at any time that he may see fit, and inserting in lieu thereof a new last sentence to read as follows: The State Auditor shall also have the right to audit the affairs of said Board and he may also make an audit of the affairs of said Board at any time when requested by a majority of the members of said Board. So that when so amended section 9 shall read as follows: Section 9. The State Auditor is authorized and directed to make an annual audit of the operations of said Board of Commissioners and to make a complete report of the same to the Legislature. The report shall disclose all monies received by said Board, and all expenditures made by said Board, including administrative expenses and payments

Page 1207

made as benefits. The State Auditor shall also have the right to audit the affairs of said Board and he may also make an audit of the affairs of said Board at any time when requested by a majority of the members of said Board. Audits. Section 5. Said Act is further amended by striking in its entirety section 10 of said Act and inserting in lieu thereof a new section 10 to read as follows: Section 10. In all criminal and quasi-criminal cases for violations of State statutes or traffic laws of Georgia before any court in this State in which any sheriffs of the several superior courts of this State or a duly authorized deputy of such sheriff acts as sheriff thereto by virtue of his office, and in which a fine, which shall be construed to include cost, is collected, or wherein a bond, which shall be construed to include cost, is forfeited and collected, in the amount of $5.00 or more, the sum of $1.50 thereof is hereby allocated to the Board of Commissioners of the Sheriffs' Retirement Fund of Georgia and shall be paid to said Board quarterly, or at such other time as may be provided by said Board, by the clerk of the court wherein such is collected or the collecting authority. 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; provided, however, this shall not be construed to repeal any existing priorities established by the laws of Georgia. It shall be the duty of said clerk or other collecting authority to keep accurate records of the amounts due said Board, and to remit the amounts due promptly, and such records of said clerk or collecting authority may be audited by said Board at any time. The sums remitted to said Board under this Section shall be used only for the purposes provided for 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

Page 1208

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. All funds due on or before May 1, 1968 and not paid shall be delinquent after the expiration of 60 days from said date. By affirmative vote of all the 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. Funds. Section 6. Said Act is further amended by striking in its entirety subsection 4 and subsection 5 of section 11 and inserting in lieu thereof a new subsection 4 and a new subsection 5, to read as follows: 4. He must list in his said application for membership all periods of past service as provided in section 12 of this Act, for which he intends to ask credit as basis for his future retirement, or shall forever be barred from claiming credit for services not so listed. Application for membership, etc. 5. He must tender with said application, or at such time as may be provided by said Board of Commissioners or within a maximum period of twelve (12) months from the date of his application for membership in said Fund, a sum equal to the total of twenty ($20.00) dollars per month for all time or services listed or claimed by him from, and including January 1, 1961, to the date of his said application, or shall be conclusively deemed to have waived his claim or right for credit for said period or periods of time. Section 7. Said Act is further amended by striking in its entirety section 12 of said Act and inserting in lieu thereof a new section 12, to read as follows: Section 12. In listing periods of prior services as required by paragraph No. 4 of section 11 above, in addition to listing and claiming credit for prior services as such Sheriff, the applicant may, at his option, also list and claim credit for services in the Armed Forces of the United States of America, not to exceed four (4) years, and services as a peace officer, other than such sheriff, not to exceed four (4)

Page 1209

years, provided he was employed during such period as a peace officer by the State of Georgia, or a municipality, or any other political subdivision of the State of Georgia, and was required by the terms of such employment, whether by election or appointment, to devote his full time to the duties of a peace officer. Upon approval or acceptance thereof by the Board of Commissioners, the applicant shall be credited therewith as basis for future contemplated retirement, provided said applicant shall have served as such sheriff for a minimum period of eight (8) years subsequent to December 31, 1960, and subsequent to such periods of time as may be claimed, for which regular dues have been paid as provided for in paragraph 5 of section 11 of this Act. Credit for prior service. Section 8. Said Act is further amended by striking the period at the end of subsection 3 of section 13 and inserting in lieu thereof the following: , and all rules and regulations promulgated by said Board of Commissioners. so that when so amended subsection 3 shall read as follows: 3. Comply with all other mandatory provisions of this Act, and all rules and regulations promulgated by said Board of Commissioners. Compliance with rules. Section 9. Said Act is further amended by striking in its entirety section 14 of said Act and inserting in lieu thereof a new section 14 to read as follows: Section 14. In case of the failure of a sheriff to comply with the requirements of section 13 above for any reason, said Board of Commissioners shall remove him from the active membership roll and place him on the inactive or dormant roll. During such time as he may be on the inactive or dormant roll, he shall receive no credit for service as basis for his retirement, unless and until he shall become entitled thereto under the terms of or by compliance with the following: Inactive roll. 1. If such removal was occasioned by non-compliance with paragraph no. 1 of section 13 above, such member may be

Page 1210

reinstated to the active membership roll upon again becoming such sheriff and filing his application for reinstatement within twelve (12) months from the date of his again becoming such sheriff. And he may also list and claim in his said application for reinstatement credit for any time he may have served in the United States Armed Forces and as a peace office during such inactive or dormant membership period, both as is provided for like service in section 12 of this Act, up to a total of four (4) years for each type of such service when each is added to like service that may have been claimed and credited in his original application for membership, as is provided for in said section 12 of this Act. The time of filing this application and claim for credit and payment of dues for all services performed during such inactive or dormant period of membership that may be credited shall be governed by the provisions of paragraphs No. 2, 4 and 5 of section 11 of this Act, respectively. 2. If such removal is occasioned by non-compliance with paragraph 2 of section 13 above, upon filing a subsequent application for reinstatement to the active membership roll within twelve months from the date of first default in payment of all dues then in default, with interest thereon at 6 per cent, per annum from the date of such default to the date of payment, together with such reasonable penalty as may be provided for by said Board of Commissioners, said member may be reinstated to the active membership roll and credited for such service. 3. If such removal is occasioned by non-compliance with paragraph 3 of section 13 above, said member may be reinstated to the active roll upon compliance with such reasonable rules and regulations as may be provided by said Board of Commissioners. Section 10. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 9, 1968.

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MOTOR VEHICLE LICENSE TAGS TO DISABLED VETERANS. No. 1129 (Senate Bill No. 258). An Act to amend an Act providing for the issuance of automobile license tags to disabled veterans, approved February 27, 1956 (Ga. L. 1956, p. 336), as amended, by an Act approved February 20, 1957 (Ga. L. 1957, p. 69), an Act approved March 17, 1959 (Ga. L. 1959, p. 349), an Act approved April 5, 1961 (Ga. L. 1961, p. 554), and an Act approved March 27, 1965 (Ga. L. 1965, p. 325), so as to provide for the issuance of license tags to certain other veterans; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for the issuance of automobile license tags to disabled veterans, approved February 27, 1956 (Ga. L. 1956, p. 336), as amended, by an Act approved February 20, 1957 (Ga. L. 1957, p. 69), an Act approved March 17, 1959 (Ga. L. 1959, p. 349), an Act approved April 5, 1961 (Ga. L. 1961, p. 554), and an Act approved March 27, 1965 (Ga. L. 1965, p. 325), is hereby amended by striking section 1 in its entirety and inserting in lieu thereof a new section 1 to read as follows: Section 1. Effective as applied to the license tags for the year 1970, any veteran who was discharged under other than dishonorable conditions, and who served on active duty of the armed forces of the United States or on active duty in a reserve component of the United States including the National Guard, during wartime or during the period beginning January 31, 1955 and ending on a date to be determined by Presidential proclamation or by a concurrent resolution of the Congress declaring a cessation of the Vietnam Era, and who is receiving or who is entitled to receive a statutory award from the Veterans Administration for: (1) Loss or permanent loss of use of one or both feet; (2) Loss or permanent loss of use of one or both hands;

Page 1212

(3) Permanent impairment of vision of both eyes of the following status: Central visual acuity of 20/200 or less in the better eye, with corrective glasses, or central visual acuity of more than 20/200 if there is a field defect in which the peripheral field has contracted to such an extent that the widest diameter of visual field subtends on angular distance no greater than twenty degrees in the better eye; will be provided upon application therefor State automobile license tags free of charge upon presentation by said veteran of proof that he is receiving or that he is entitled to receive the aforesaid statutory award. Once said veteran has established his eligibility for said free tags, he shall be entitled to them in succeeding years, on any automobile he may acquire in the future. Two tags each year shall be furnished under the provisions of this Act unless the originals are lost. Said tags shall be fastened to both the front and rear of the vehicle. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 9, 1968. GENERAL ASSEMBLYBILLS CHANGING COMPENSATION OF CERTAIN STATE OFFICIALS No. 1130 (Senate Bill No. 293). An Act to provide that any bill making a change in the amount of the compensation or allowances of any elected or appointed State official, department or agency head must be introduced in the General Assembly during the first ten days of any session thereof; to provide the procedure connected therewith; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Any bill making a change in the amount of the compensation or allowances of any elected or appointed

Page 1213

State official, department or agency head must be introduced in the General Assembly during the first ten days of any session thereof. Any such bill introduced after the tenth days of such session shall not be considered or acted upon in any manner by either the Senate or the House of Representatives. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 9, 1968. VETERANSADDITIONAL POINTS ON EXAMINATIONS BY BOARDS OR COMMISSIONS WHERE RECORDS ARE KEPT BY JOINT SECRETARY, STATE EXAMINING BOARDS. No. 1132 (Senate Bill No. 316). An Act to amend an Act providing for additional points for certain applicants taking examinations given by any examining board or commission whose records are maintained by the Joint Secretary, State Examining Boards, approved March 24, 1960 (Ga. L. 1960, p. 1172), as amended, by an Act approved March 26, 1964 (Ga. L. 1964, p. 761), so as to provide for an additional class of applicants; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for additional points for certain applicants taking examinations given by any examining board or commission whose records are maintained by the Joint Secretary, State Examining Boards, approved March 24, 1960 (Ga. L. 1960, p. 1172), as amended, by an Act approved March 26, 1964 (Ga. L. 1964, p. 761), 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 applicant, as hereinafter provided, taking an examination given by any examining board or commission

Page 1214

which now exists, or which may hereafter be created, except the State Board of Accountancy, whose records are maintained by the Joint Secretary, State Examining Boards, under the supervision of the Secretary of State, shall receive points as provided hereinafter: (a) Any applicant who served on active duty in the armed forces of the United States, or on active duty in a reserve component of the armed forces of the United States including the National Guard, for a period of one year or more, of which at least ninety (90) days were served during wartime or during any conflict when military personnel were committed by the President of the United States, shall be entitled to a credit of five (5) points. Said points shall be added by the person grading the examination to the grade made by the applicant in answering the questions propounded in any such examination taken by the applicant. (b) Any applicant who is disabled who served on active duty in the armed forces of the United States, or on active duty in a reserve component of the armed forces of the United States including the National Guard, during wartime or during any conflict when military personnel were committed by the President of the United States, and who was discharged for injury or illness incurred in line of duty, shall be entitled to a credit of five (5) points if said disability is officially rated at less than ten per cent at the time of taking said examination. Said points shall be added by the person grading the examination to the grade made by the applicant in answering the questions propounded in any such examination taken by the applicant. (c) Any applicant who is a disabled veteran and who served on active duty in the armed forces of the United States, or on active duty in a reserve component of the armed forces of the United States including the National Guard, during wartime or during any conflict when military personnel were committed by the President of the United States, and who was discharged for injury or illness incurred in line of duty, shall be entitled to a credit of ten (10) points if said disability is rated at ten per cent or above at the time of taking said examination. Said points shall be added by the

Page 1215

person grading the examination to the grade made by the applicant in answering questions propounded in any such examination taken by the applicant. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 9, 1968. PROCEEDINGS AGAINST TENANTS HOLDING OVER IN CERTAIN COUNTIES (500,000 OR MORE). Code 61-306 Amended. No. 1133 (Senate Bill No. 319). An Act to amend Code section 61-306 of the Code of Georgia as heretofore amended, so as to provide that in all counties of the State having a population of 500,000 or more, according to the United States Census of 1960, or any future United States Census, the notice required by this section shall be six (6) days before the execution of the warrant; to provide that the warrant shall not be executed until the expiration of six (6) days after said notice; to provide that the warrant shall be executed before noon of any day Monday through Friday; to provide that the warrant shall not be executed on Saturday; 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 section 61-306 of the Code of Georgia as heretofore amended, relating to the notice to tenants before dispossession thereof under a warrant, be further amended by adding thereto the following language, to-wit: In all counties of the State having a population of 500,000 or more, according to the United States Census of 1960, or any future United States Census, the notice required hereunder

Page 1216

shall be six (6) days, in lieu of three (3) days, and the officer executing the warrant shall not remove the defendant's goods and property until after the expiration of six (6) days from the date of notice. Furthermore, in such counties, the officer shall not enter upon the premises and commence the execution of such warrant by the removal of the goods and property of the defendant at any time after noon on the days Monday through Friday of any week, and shall not remove such goods and property at any hour on Saturday or Sunday or any public holiday. Six days notice. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 9, 1968. MOTOR VEHICLEDISTINCTIVE LICENSE PLATES FOR MEMBERS OF GENERAL ASSEMBLY. No. 1134 (Senate Bill No. 322). An Act to amend an Act pertaining to the registration and licensing of motor vehicles in counties throughout the State, approved March 9, 1955 (Ga. L. 1955, p. 659), as amended praticularly by an Act approved March 16, 1966 (Ga. L. 1966, p. 508), so as to provide that the State Revenue Commissioner shall mail special and distinctive automobile license plates printed for members of the General Assembly to the local tag agent of the counties wherein such members reside; to provide for a deadline for mailing such plates; 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 counties throughout the State, approved March 9, 1955 (Ga. L. 1955, p. 659), as amended particularly by an Act approved March 16, 1966 (Ga. L. 1966, p. 508), is hereby amended by adding immediately

Page 1217

after section 6 a new Section to be known as Section 6A to read as follows: Section 6A. The State Revenue Commissioner shall mail special and distinctive license plates printed for members of the General Assembly to the local tag agent in the counties wherein such members reside on or before December 31 of each year. Such special and distinctive 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. Section 2. The provisions of this Act shall become effective for the issuance of motor vehicle license plates beginning with the year 1969. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 9, 1968. GEORGIA POLYGRAPH EXAMINERS' ACT. No. 1135 (Senate Bill No. 323). An Act to create a Board of Polygraph Examiners; to provide a title; to provide definitions; to provide the Board shall consist of six members; to provide the members' qualifications; to provide for the appointment of the members; to provide for their terms of office; to provide for filling vacancies and removal of the members; to provide the powers and duties of the Board; to provide that the Joint Secretary, State Examining Boards, shall be Secretary of the Board and to provide for his powers and duties; to provide that no person shall administer a polygraph examination without a license; to provide certain exemptions from filing an application and license fee; to provide for filing an application for a license; to provide

Page 1218

that the application be accompanied by a fee; to provide the application must contain certain information; to provide certain minimum qualifications for polygraph examiners; to provide certain minimum qualifications for polygraph examiners' trainees; to provide for the issuance of polygraph examiners' licenses and polygraph examiners' trainees licenses; to provide for the posting of the license in the principal place of business of the licensee; to provide for reciprocity with other states; to provide grounds for the denial, suspension or revociation of any license; to provide that hearings by the Board shall be conducted in accordance with the Georgia Administrative Procedure Act; to provide rules and regulations be adopted and promulgated in accordance with the provisions of said Act; to provide for the reinstatement of a polygraph examiner whose license has been revoked or suspended; to provide that certain persons be issued a license without an examination upon filling certain qualifications; to provide for a penalty; to provide that the funds to operate said Board shall not exceed a certain amount; to provide an effective date; 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 Georgia Polygraph Examiners' Act. Short title. Section 2. When used in this Act, unless the context clearly requires otherwise, these words and phrases shall have the following meanings: Definitions. (a) Board shall mean the Board of Polygraph Examiners. (b) Polygraph examiner means and includes any person who uses any device or instrument which records as minimum standards, permanently and simultaneously, the examinee's cardiovascular (blood pressure and pulse) and respiratory (breathing) patterns, in order to examine individuals for the purpose of detecting truth or deception. Such an instrument may record additional physiological changes pertinent to the detection of truth or deception.

Page 1219

(c) Polygraph examiner trainee means and includes any person engaged in the study of polygraphy and the administration of polygraph examinations under the personal supervision and control of a polygraph examiner. (d) Polygraph means an instrument which combines a continuous permanent recording and means of measuring and recording at least two of the physiological reactions to emotions. Section 3. There is hereby created a Board to be known as and designated as the Board of Polygraph Examiners. Said Board shall consist of six members who are qualified to be polygraph examiners under the provisions of this Act, who are residents of Georgia, who have been polygraph examiners for at least one year, and who have conducted in excess of 500 polygraph examinations. The members of said Board shall be appointed by the Governor and vacancies occurring on the Board shall be filled by the Governor. Upon the passage and approval of this Act, the Governor shall appoint six members of said Board, one of whom shall be appointed for one year, one for a term of two years, one for a term of three years, one for a term of four years, one for a term of five years and one for a term of six years. Thereafter, and upon the expiration of their respective terms, the Governor shall appoint successors for a term of six years, except when an appointment is made to fill a vacancy caused by death or otherwise, such appointment shall be for the remainder of the unexpired term of the member whose position was filled. The members of said Board shall appoint one of its members to be Chairman. The Governor shall have the power to remove from office any member of the Board for willful neglect of duty or for conviction of a crime of moral turpitude. Members of said Board shall serve without compensation; however, such members shall be reimbursed for the actual expenses incurred in performing the duties prescribed to them by this Act. The Joint Secretary, State Examining Boards, shall serve as Secretary of the Board in all matters as set forth in Chapter 84-1, Code of Georgia 1933, as amended. Created, members, etc.

Page 1220

Section 4. The Board shall have the following powers and duties: Powers and duties. (a) To determine the qualifications and fitness of applicants for licenses consistent with the provisions of this Act. (b) To issue, renew, deny, suspend or revoke licenses consistent with the provisions of this Act. (c) To conduct investigations for the purpose of discovering violations of this Act. (d) To hold hearings on all matters properly brought before the Board in connection therewith to administer oaths, receive evidence, make the necessary determinations and enter orders consistent with the findings. (e) To adopt, amend, or repeal all rules necessary to carry into effect the provisions of this Act. Section 5. (a) No person shall administer polygraph examinations without first receiving from the Board a license as provided herein. (b) Application and licensing fees are not applicable to a polygraph examiner employed by a municipal, county, State or Federal agency as long as his sole use of the polygraph is in performance of his official duties. License required. Section 6. Every person administering polygraph examinations must qualify individually for a license under this Act and shall file with the Board through The Joint Secretary, State Examining Boards, a written application accompanied by a fee of fifty ($50.00) dollars to cover costs. The fee shall not be returnable. The written application shall be filed and verified by the applicant and shall contain the following information: Applications for licenses, etc. (a) Full name and title of position; (b) Age, date and place of birth;

Page 1221

(c) The present residence address and the residence addresses within the five (5) years immediately preceding the submission of the application; (d) Occupations held presently and within the five (5) years immediately preceding the submission of the application; (e) A statement that he is a citizen of the United States and over the age of twenty-one (21) years; (f) The address of the principal place in which the business is to be conducted; (g) Statement of educational qualifications; (h) The name under which the business is to be conducted; (i) Statement of formal polygraph training; (j) A full set of fingerprints and a photograph taken within two (2) years immediately preceding the submission of the application; (k) A statement of the experience which he believes will qualify him for a license under this chapter; (l) A statement of any or all arrests; (m) Such further facts as may be required by the Board to show that the person signing the application is competent, honest, truthful, trustworthy, of good character and bears a reputation for fair dealing. Section 7. An applicant is qualified to receive a license as a polygraph examiner: Qualifications. (a) Who is at least twenty-one (21) years of age; (b) Who is a citizen of the United States; (c) Who is a person of honesty, truthfulness, integrity, moral fitness, and has a reputation for fair dealing;

Page 1222

(d) Who has not been convicted of a misdemeanor involving moral tuspitude or a felony or has not been released or discharged under any other than honorable conditions from any of the armed forces of the United States; (e) Who has a bachelor's degree from a full four (4) year university or college recognized as such by the Board. This requirement may be waived for those persons who have a high school diploma and five (5) years' experience as an investigator or detective with a municipal, county, State or Federal agency; (f) Who has satisfactorily completed a formal training course of at least six (6) weeks' duration at polygraph examiners' school instructing in the use of an instrument as described in section 2. Such school must be recognized and approved by the Board; (g) Who has completed a period of a minimum of six (6) months as licensed intern examiner under the supervision of a qualified examiner in this State; and (h) Who has successfully passed any examination conducted by the Board for the purpose of determining the qualifications and fitness of applicants for licenses. Section 8. The license and renewal fees applicable to the two types of licenses provided under this Act are as follows: (a) Polygraph examiners licenses $50.00 (b) Renewals of polygraph examiners licenses $25.00 (c) Polygraph examiners' trainees licenses $25.00 (d) Renewals of polygraph examiners' trainees licenses $10.00 Fees. Section 9. (a) When the Board is satisfied that the applicant meets the requirements set out in section 7 for a polygraph examiner the Board shall issue and deliver to such applicant a license to conduct polygraph examinations. Such license shall not be transferable and shall be revoked or cancelled only by the Board. Licenses.

Page 1223

(b) When the Board is satisfied that the applicant meets the requirements set out in section 7, except for the qualifications set out in Subsections (g) and (h), the Board shall issue and deliver to such applicant a license to become a polygraph examiner trainee. Such license shall not be transferable and shall be revoked only by the Board. Section 10. (a) The license issued pursuant to this Act shall be for a period of one year and shall be in such form as may be determined by the Board. However, such licenses shall at least specify the applicant's name, the type and number of the license, the address of the principal place of business, and the date on which it expires. Annual licenses. (b) The license shall at all times be posted in a conspicuous place in the principal place of business of the licensee in this State. Section 11. A person who is a polygraph examiner, licensed under the laws of another state or territory of the United States, may be issued a license by the Board upon payment of the fee as provided in section 8, and the production of satisfactory proof: (a) That the applicant is at least twenty-one (21) years of age; and (b) That the applicant is a citizen of the United States; and (c) That he is of good moral character; and Persons licensed in other States, etc. (d) That the requirements for the licensing of examiners in such particular state or territory of the United States were, at the date of licensing, substantially equivalent to the requirements then in force in this State; and (e) That the applicant had lawfully engaged in the administration of polygraph examinations under the laws of such state or territory for at least one (1) year prior to his application for a license hereunder; and

Page 1224

(f) That such other state or territory grant similar reciprocity to license holders in this State. Section 12. (a) The Board may deny, suspend or revoke any license for any one or more of the following grounds: (1) Fraud or willful misrepresentation in the application for obtaining a license; Revocation, etc. (2) Willfully and knowingly violating any of the provisions of this Act; (3) Being adjudged guilty of the commission of a crime involving moral turpitude; (4) Having been convicted of a felony; (5) Impersonating a law enforcement officer or an employee of this State, United States or any political subdivision thereof; (6) Knowingly violating or encouraging the violation of any court order or injunction; (7) Acting as a runner or capper for any attorney. (b) Upon revocation or suspension of a license, the licensee shall forthwith return the license which was suspended. Section 13. All hearings required to be conducted by the Board shall be conducted in accordance with the provisions of the Georgia Administrative Procedure Act, approved March 30, 1964 (Ga. L. 1964, p. 338), and all rules and regulations of the Board shall be adopted and promulgated in accordance with the provisions of the said Act. Procedure. Section 14. Any person whose license is suspended or revoked may at the discretion of the Board be relicensed or reinstated at any time without an examination by majority vote of the Board on written application to the Board showing cause justifying relicensing or reinstatement. Relicensing.

Page 1225

Section 15. On the effective date of this Act, any person who has actually engaged in the occupation, business or profession of a polygraph examiner in the State of Georgia for a period of one (1) year, and who has used for that period the instrument prescribed in section 1 of this Act and who meets the requirements of section 7, paragraphs (a), (b), (c), (d), shall upon application within six (6) months after the effective date of this Act, and payment of the required fee, be issued a license hereunder, without examination, provided that the Board may require such applicant to submit satisfactory proof that he has so engaged for such period. Persons presently employed. Section 16. Any person who shall administer polygraph examinations without a current, valid license shall be guilty of a misdemeanor and upon conviction thereof be punished as such. Crimes. Section 17. There shall not be available for the operation of the Board of Polygraph Examiners a sum which shall exceed the aggregate total of all fees paid to the Board under the provisions of this Act for the immediately preceding fiscal year. Funds. Section 18. This Act shall become effective July 1, 1968. Effective date. Section 19. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 9, 1968. ALTERNATE JURORS IN FELONY CASES. No. 1136 (Senate Bill No. 324). An Act to provide the procedure for the impaneling of alternate jurors in felony cases in the Superior Courts of this State; to provide how such alternate jurors may be substituted for original jurors; to provide the procedure connected with the foregoing; to repeal conflicting laws; and for other purposes.

Page 1226

Be it enacted by the General Assembly of Georgia: Section 1. Whenever, in the opinion of a judge of a Superior Court, any felony trial is likely to be a protracted one, and the counsel for the State and the defendant shall request the selection of additional jurors or alternates, the court immediately after the jury has been impaneled and sworn, shall have, within its discretion, the power to direct the calling of one or more additional jurors, to be known as `alternate jurors'. When applicable. Section. 2. Such alternate jurors must be drawn from the same source, and in the same manner, and have the same qualifications as the jurors already sworn, and be subject to the same examination and challenges.. The State shall be entitled to as many peremptory challenges to such alternate jurors as there are alternate jurors called. The defendant shall be entitled to additional peremptory challenges in an amount twice greater than the additional peremptory challenges of the State. The peremptory challenges allowed to the State and defendant in such event, shall be in addition to the regular number of peremptory challenges allowed in criminal cases to the defendant and State as now provided by law. When two or more defendants are tried jointly, each defendant shall be entitled to as many peremptory challenges to such alternate jurors as there are alternate jurors called. Procedure. Section 3. Such alternate jurors shall take the same oath as the jurors already selected and be seated near the jury, with equal opportunity for seeing and hearing the proceedings and shall attend at all times upon the trial with the jury, and shall obey all orders and admonitions of the court to the jury and, when the regular jurors are ordered kept together in any case, such alternate jurors shall also be kept in confinement with the other jurors. Said alternate jurors shall receive the same compensation as the other jurors. Oaths, etc. Section 4. Upon final submission of the case to the jury said alternate jurors shall not retire with the jury of twelve for deliberation and the court may discharge the alternate

Page 1227

jurors, but if the court deems it advisable it may direct that one or more of the alternate jurors be kept in custody of the sheriff or one or more court officers, separate and apart from the regular jurors until the jury have agreed upon a verdict. Procedure. Section 5. If, at any time, whether before or after final submission of the case to the jury, a juror dies or becomes ill, or upon other good cause shown to the court is found to be unable to perform his duty, or is discharged for other legal cause, the first alternate juror shall take the place of the first juror becoming incapacitated and further replacements shall be made in similar numerical sequence, provided said alternate jurors have not been discharged. Such jurors, so taking the place of any incapacitated juror, shall thereafter be deemed to be a member of the jury of twelve, and shall have full power to take part in the deliberations of the jury, and the finding of the verdict. Any verdict found by any such jury, having thereon alternates, shall have the same force, effect and validity as if found by the original jury of twelve. Same. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 9, 1968. WILLS AND ADMINISTRATION OF ESTATESLIMITATIONS ON DOWER RIGHTS OF WIDOW. Code 31-110 Amended. No. 1138 (Senate Bill No. 332). An Act to amend Code section 31-110, relating to how dower may be barred, as amended by an Act approved March 31, 1937 (Ga. L. 1937, p. 450), and an Act approved March 9, 1955 (Ga. L. 1955, p. 616), so as to provide that a widow shall be barred from dower if she fails to apply for dower within three (3) years of the

Page 1228

death of her husband; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 31-110, relating to how dower may be barred, as amended by an Act approved March 31, 1937 (Ga. L. 1937, p. 450), and an Act approved March 9, 1955 (Ga. L. 1955, p. 616), is hereby amended by striking said Code section in its entirety and inserting in lieu thereof a new Code section 31-110, to read as follows: 31-110. Dower may be barred : (1) by provisions made prior to the marriage and accepted by the wife in lieu of dower; or (2) by a provision made by deed or will, and accepted by the wife after the husband's death, expressly in lieu of dower, or where the intention of the husband is plain and manifest that it shall be in lieu of dower; or (3) by failure of the widow within three (3) years of the death of her husband to apply for dower; or (4) by the adultery of the wife unpardoned by the husband. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 9, 1968. ATLANTA JUDICIAL CIRCUITSALARY OF SOLICITOR-GENERAL. No. 1145 (Senate Bill No. 415). 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,

Page 1229

particularly by an Act approved April 13, 1967 (Ga. L. 1967, p. 507), so as to fix the compensation of the solicitor-general of said circuit; to supplement the salary of said solicitor-general paid by the State as provided in An Act to provide a salary payable from State funds for each solicitor-general, etc., enacted by the General Assembly of Georgia at the 1968 regular Session thereof, or any Act amending 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. The Act abolishing the fee system in the Superior Court of the Atlanta Judicial Circuit as applied to the office of the solicitor-general of said circuit, approved August 11, 1924 (Ga. L. 1924, p. 255), as amended, particularly by an Act approved April 13, 1967 (Ga. L. 1967, p. 507), is hereby amended by striking section 1 in its entirety and inserting in lieu thereof a new section 1 as follows: Section 1. The commissioners of roads and revenues of Fulton County, or such other board or persons as may from time to time exercise the administrative power of Fulton County shall pay to the solicitor-general of the Atlanta Judicial Circuit, as a supplement to the salary paid by the State as provided in An Act to provide a salary payable from State funds for each solicitor-general, etc., enacted by the General Assembly of Georgia at the 1968 regular Session thereof, or any Act amending said Act, not less than the amount which, when added to the salary paid by the State pursuant to said Act, shall equal the salary currently being paid to each judge of the superior court of the Atlanta Judicial Circuit by the State, as augmented and supplemented by Fulton County. Said salary supplement shall be paid from county funds as a part of the operating expenses of Fulton Superior Court. Section 2. The effective date of this Act shall be the date upon which said Act to provide a salary payable from State funds for each solicitor-general, etc. becomes effective as to the solicitor-general of the Atlanta Judicial Circuit.

Page 1230

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. See Enrolled Act for affidavit and advertisement. Approved April 9, 1968. COMPENSATION OF COURT REPORTERS. Code 24-3104 Amended. No. 1146 (Senate Bill No. 180). An Act to repeal in its entirety Code section 24-3104 of the Code of Georgia, as amended by an Act approved February 16, 1949 (Ga. L. 1949, p. 646), and as amended by an Act approved February 21, 1951 (Ga. L. 1951, p. 630), and as amended by an Act approved February 18, 1959 (Ga. L. 1959, p. 61), relating to the compensation of court reporters by counties and to enact in lieu thereof a new Code section 24-3104 providing a method, procedure and source of compensation of court reporters by counties for attendance upon all courts and for reporting criminal cases therein; to repeal all conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same: Section 1. That section 24-3104, of the Code of Georgia as amended by an Act approved February 16, 1949 (Ga. L. 1949, p. 646), and as amended by an Act approved February 21, 1951 (Ga. L. 1951, p. 630), and as amended by an Act approved February 18, 1959 (Ga. L. 1959, p. 61), relating to the compensation of court reporters for the State of Georgia, be and the same is hereby repealed in its entirety, and in lieu thereof a new section 24-3104 of the Code of Georgia is hereby enacted to read as follows: Section 24-3104. Compensation of court reporters by counties for attendance upon all courts and for reporting

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criminal cases therein . The compensation of the reporter or stenographic reporter, for taking down testimony in the trial of such criminal cases as are required by law to be recorded shall be $30.00 per day, which sum shall be paid by the county treasurer, or other officer having charge of the county funds of the county wherein such criminal cases shall be tried, on the certificate and order of the judge as to the number of days he has been employed. The judge of the superior court shall authorize and approve for the court reporter a compensation of $30.00 per day, to be paid out of the funds of the county, on order of such judge, for all days upon which he attends, at the request of the judge, all courts located in the circuit over which he presides; a committal court where felony cases are involved and coroner's inquests, when ordered so to do by such judge, at the request of solicitor general of the circuit, shall be included. And provided further that a day shall be deemed to be a period of eight hours, or any part thereof, in computing the compensation of the court reporter for attending court, and a full eight hours for writing out. And when directed by said judge the reporter shall transcribe the evidence and proceedings in criminal cases, for which he shall be paid the sum of $30.00 per day, the same to be paid on order of said judge by the county treasurer, or other officer having charge of the county funds of the county wherein such cases shall be tried. Section 2. Provided further that all laws applicable to any circuit or counties of this State governing compensation of court reporters therein, heretofore enacted by the General Assembly, shall be, and remain in full force and effect. Exceptions. Section 3. Provided further that this Act shall not effect the compensation of the court reporter in any county or circuit of this State in which the court reporter is now paid a straight salary for his duties, or in any county or circuit of this State which may hereafter provide a straight salary for such court reporter for his services. Same.

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Section 4. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved April 10, 1968. REGISTRATION OF NONRESIDENT CERTIFIED PUBLIC ACCOUNTANTS, ETC. Code 84-211, 84-213 Amended. No. 1147 (Senate Bill No. 186). An Act to amend Code Chapter 84-2, relating to certification of accountants, as amended by an Act approved March 28, 1935 (Ga. L. 1935, p. 85), an Act approved March 9, 1943 (Ga. L. 1943, p. 363), an Act approved February 14, 1950 (Ga. L. 1950, p. 163), an Act approved March 21, 1958 (Ga. L. 1958, p. 216), and an Act approved March 18, 1964 (Ga. L. 1964, p. 723), so as to provide that a nonresident certified accountant who holds a valid and unrevoked certificate or its equivalent, which meets certain standards, issued under authority of any State or political subdivision of the United States to practice accountancy within this State upon certain terms and conditions; to prohibit persons who are Certified Public Accountants from performing public accounting except as Certified Public Accountants; to make technical clarifications; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 84-2, relating to certification of accountants, as amended by an Act approved March 28, 1935 (Ga. L. 1935, p. 85), an Act approved March 19, 1943 (Ga. L. 1943, p. 363), an Act approved February 14, 1950 (Ga. L. 1950, p. 163), an Act approved March 21, 1958 (Ga. L. 1958, p. 216), and an Act approved March 18, 1964 (Ga. L. 1964, p. 723), is hereby amended by striking Code section

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84-211, relating to registration of nonresident accountants, in its entirety and inserting in lieu thereof a new 84-211, to read as follows: 84-211. Registration of nonresident accountants; fee .(a) The holder of a valid, unrevoked certificate as a Certified Public Accountant or its equivalent issued under the authority of any State or political subdivision of the United States or any foreign country, which certificate or its equivalent is determined by the Board to meet or exceed the standards required to be met by the laws of Georgia for the issuance of a certificate as a Certified Public Accountant, who is not a resident of the State of Georgia, may, upon registering with the Board and paying the fee as hereinafter provided, practice accountancy in this State in the following manner: (1) If such nonresident holder of a certificate as a Certified Public Accountant or its equivalent maintains an established place of business within the State of Georgia or is a member of a firm or association which maintains an established place of business within the State of Georgia, such nonresident holder may practice accountancy within this State as a Certified Public Accountant and shall be authorized to use the title Certified Public Accountant, or the abbreviation C. P. A. in such practice and shall be deemed to be a Certified Public Accountant within the meaning of this Chapter. (2) Any other such nonresident holder of a certificate as a Certified Public Accountant or its equivalent may practice accountancy within this State in the same manner as other public accountants within the meaning of this Chapter but shall be authorized to use only the title public accountant in such practice. (b) Any nonresident holder of a certificate as a Certified Public Accountant or its equivalent desiring to register as herein provided shall apply for registration with the Board on or before January 1 of each year and shall pay a fee of ten ($10.00) dollars. As a part of his application for registration, each nonresident holder of a certificate

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as a Certified Public Accountant or its equivalent shall file a statement on a form or forms prescribed by the Board setting forth the following information: (1) In the case of an individual who is not a member of a firm or association, the address of each established place of business maintained by him within the State of Georgia, if any, and of each established place of business maintained by him located elsewhere. (2) In the case of an individual who is a member of a firm or association, the names and addresses of all other members of such firm or association, the address of each established place of business maintained by such firm or association within the State of Georgia, if any, and the address of each principal established place of business maintained by such firm or association located elsewhere. Upon the approval of such application and the payment of such fee, the Board shall issue a certificate of such registration. Section 2. Code section 84-213, relating to unlawful practice, is hereby amended by striking said Code section in its entirety and inserting in lieu thereof a new Code section 84-213, to read as follows: 84-213. Unlawful practice.It shall be unlawful : (a) For any person other than a Certified Public Accountant within the meaning of this Chapter, certified and registered as provided by this Chapter, to practice as a Certified Public Accountant, or hold himself out as, or assume to practice as a Certified Public Accountant, or use the term Certified Public Accountant or the abbreviation C. P. A. or otherwise employ any designation, as a member of a firm or otherwise, calculated to deceive the public or convey the impression that such a person is a Certified Public Accountant; (b) For any member of a firm or association to announce or state in writing or printing or otherwise, that such a firm or association is practicing as Certified Public Accountant

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unless all members of the firm or association are holders of valid and unrevoked certificates and are Certified Public Accountants within the meaning of this Chapter; (c) For any person who is certified and registered as a Certified Public Accountant within the meaning of this Chapter, or for any member of a firm or association all of the members of which firm or association are Certified Public Accountants within the meaning of this Chapter to hold himself out to the general public in the practice of public accounting except as a Certified Public Accountant; (d) For any person to practice as a Certified Public Accountant if his certificate has been revoked, or during any suspension thereof or without renewing his registration card annually as provided by this Chapter; (e) For any person to buy, sell, give or obtain a certificate as a Certified Public Accountant in any manner other than that provided by this Chapter; (f) For any Certified Public Accountant to knowingly certify to any false or fraudulent report, certificate, exhibit, schedule or statement. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 10, 1968. GEORGIA COMMISSION ON THE ARTS. No. 1149 (Senate Bill No. 218). An Act to create the Georgia Commission on the Arts; to provide for purposes; to provide for definitions; to provide for the composition of the Commission; to provide for appointments, terms and qualifications; to provide for an executive director and other employees of the Commission; to provide for the powers and duties of the

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Commission; to provide for certain reports of the Commission; to provide that the Commission shall be authorized to accept gifts, grants and donations; to provide for the transfer of certain properties and employees to the Commission; to provide that the Commission shall be the legal successor to the Georgia Art Commission; to repeal certain specific Acts; to provide an effective date for a certain Section of this Act; to provide that the Georgia Art Commission shall have all powers, duties and responsibilities provided in this Act for the Georgia Commission on the Arts until a certain time; to provide for the construction of this Act; to provide for severability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Purpose . It is the purpose of this Act to create a Georgia Commission on the Arts to promote the development of the arts in Georgia to insure that the role of the arts in the life of Georgia communities will continue to grow and will play an ever more significant part in the welfare and education and cultural experience of the citizens of Georgia. Section 2. Definitions . The following words and phrases as used in this Act, shall have the following meanings, unless the context requires otherwise: (a) The words the arts includes but is not limited to music, instrumental and vocal, dance, drama, folk art, creative writing, architecture, landscape architecture, painting, sculpture, photography, graphic and craft arts, industrial design, costume and fashion design, motion pictures, television, radio, tape and sound recording, and the arts related to the presentation, performance, execution and exhibition of such major art forms. (b) The word Commission means the Georgia Commission on the Arts created in section 3 of this Act. Section 3. Creation of Georgia Commission on the Arts . There is hereby created an instrumentality of the State of Georgia which shall be known as the Georgia Commission on the Arts to be composed of fifteen (15) members broadly

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representative of all artistic and cultural fields to be appointed in the following manner: the Governor shall appoint a Nominating Panel to be composed of three (3) citizens of the State who have rendered distinquished service to the performing arts, the visual arts, and the literary arts. Said Nominating Panel, which shall serve at the pleasure of the Governor, shall be charged with the responsibility of nominating at least two persons for each vacancy on the Commission. The Governor, with the advice and consent of the Senate, shall appoint the members of the Commission from among these nominees. If the two persons for a vacancy are rejected by the Governor, the Nominating Panel shall nominate at least two more persons for the vacancy until the Governor does appoint one. Appointments made at times when the Senate is not in session shall be effective ad interim. Members of the Commission shall be chosen from among citizens of the State who have demonstrated scholarship or creativity in, or distinguished service to the visual arts, the performing arts, and the literary arts. Section 4. Terms of Office; Vacancies; Officers; Meetings . (a) The term of office of each member of the Commission shall be five years and until his successor is appointed and qualified, except that of the members first appointed, three shall be appointed for a term of one year; three shall be appointed for a term of two years; three shall be appointed for a term of three years; and the six members of the Georgia Art Commission created by an Act approved March 18, 1964 (Ga. L. 1964, p. 678), as amended, by an Act approved March 14, 1966 (Ga. L. 1966, p. 459), and an Act approved March 29, 1967 (Ga. L. 1967, p. 158), whose terms of appointment to said Commission expire on December 31, 1971, shall be appointed by the Governor to the Georgia Commission on the Arts herein created, three for a term of four years, and three for a term of five years. Successors to these and future members shall be appointed in the same manner as prescribed by section 3 of this Act. In the event a vacancy occurs on the Commission, the Governor shall fill the vacancy from among nominees of the Nominating Panel for the unexpired term.

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(b) The Commission shall elect from its membership a Chairman and such other officers as deemed advisable, who shall serve for terms of one year and who shall be eligible for reelection for successive terms. The Commission shall adopt such rules and regulations as it may deem necessary or desirable for the conduct of its affairs. The Commission shall meet at least twice a year and at such other times as it deems necessary. The members of the Commission shall receive no compensation for their services but shall be reimbursed for their actual and necessary expenses incurred in the performance of their duties as members of the Commission which shall not exceed $25.00 per day. Section 5. Executive Director; Other Employees .The Commission shall appoint and prescribe the duties of an Executive Director who shall serve at the pleasure of the Commission. The Executive Director shall be authorized by the Commission to employ such other professionally qualified personnel, clerical and other employees as may be necessary to carry out the work of the Commission, and all such personnel and employees shall be governed by such rules of position classification, appointment, promotion, demotion, transfer, dismissal, qualification, compensation, seniority privileges, tenure, and other employment standards as may now or hereafter be effectuated and establish pursuant to a State Merit System authorized by law. All personnel and employees of the Commission are hereby authorized to be members of the Employees' Retirement System of Georgia established by an Act approved February 3, 1949 (Ga. L. 1949, p. 138), as the same is now or may hereafter be amended. All rights, credits and funds in such Retirement System which are possessed by any person at the time of his employment with the Commission are hereby continued and preserved, it being the intention of the General Assembly that no such person shall lose any such rights, credits or funds to which he may be entitled upon being employed by the Commission.

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Section 6. Duties of the Commission . The Commission shall have the following duties: (a) To stimulate and encourage the study and presentation of the visual arts, the performing arts, and the literary arts throughout the State and to encourage public interest and participation in and support of the arts throughout the State. (b) To make such surveys as may be deemed advisable of public and private institutions engaged within the State in artistic and cultural activities and to make recommendations concerning appropriate methods to encourage participation in and appreciation of the arts to meet the legitimate needs and aspirations of persons in all parts of the State. (c) To take such steps as may be necessary to encourage public interest in the cultural heritage of the State and to expand the State's cultural resources. (d) To encourage and assist freedom of artistic expression essential to the well-being of artists. (e) To make available consultative services to the State, or any State agency, on the location, disposition, and evaluation of State-owned works of art, the design and visual appearance of State buildings and grounds, and the appearance of State highways and parks. Section 7. Powers of the Commission . The Commission is hereby authorized to hold public hearings; to contract with individuals, organizations, and institutions for services furthering the objective of the Commission's programs; to enter into contracts with regional and local organizations and associations for cooperative endeavors furthering the objectives of the Commission's programs; to make and sign agreements; to appoint such advisory committees as it may deem advisable; and to do and perform any acts that may be necessary, desirable, or proper to carry out the purposes of this Act.

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Section 8. Reports of the Commission . The Commission shall prepare and present an annual report to the Governor, to the members of the General Assembly, and to such others as it deems advisable of its proceedings and actions, which report may contain recommendations relative to the ways and means in which the State can promote the arts in Georgia. Section 9. Commission Authorized to Accept Gifts . The Commission is hereby authorized to receive, accept, hold and use on behalf of the State and for purposes provided for in this Act gifts, grants, donations, devises and bequests of real, personal and mixed property of every kind and description. The Commission is further authorized to acquire by purchase, or otherwise, such objects as paintings, sculptures, prints, examples of graphic and craft art and other works of art as may be necessary to further its educational objectives. The Commission is hereby declared the official agency of the State of Georgia to receive and disburse funds made available by the National Endowment for the Arts. Section 10. Specific Acts Repealed; Transfer of Property, Employees, Funds to Commission . An Act creating the Georgia Art Commission approved March 18, 1964 (Ga. L. 1964, p. 678), as amended, by an Act approved March 14, 1966 (Ga. L. 1966, p. 459), and an Act approved March 29, 1967 (Ga. L. 1967, p. 158), is hereby repealed in its entirety effective at the time the initial members of the Commission created herein assume office, and the Georgia Art Commission created under the aforesaid Acts shall stand abolished at that time. All facilities, resources, property and equipment heretofore utilized by the Georgia Art Commission are hereby transferred to the Georgia Commission on the Arts effective at the time said Georgia Art Commission shall stand abolished. All employees of the Georgia Art Commission are hereby transferred to the Georgia Commission on the Arts effective at the time said Georgia Art Commission shall stand abolished. All funds from private sources and all appropriations, allocations, and other funds, State or Federal, now available or to become available to the Georgia Art Commission by virtue of any

Page 1241

statute or continuation thereof are hereby transferred to the Georgia Commission on the Arts as legal successor thereto, effective at the time said Georgia Art Commission shall stand abolished. Section 11 . The provisions of section 4 of this Act, relating to the terms of office and the initial appointment of members of the Georgia Commission on the Arts, created by this Act, shall not become effective until January 1, 1969, but until such time as said section does become effective and until the Georgia Art Commission is abolished as provided in section 10 of this Act, the Georgia Art Commission shall have all powers, duties and responsibilities provided in this Act for the Georgia Commission on the Arts. Effective date. Section 12. Construction . This Act, being for the welfare of the citizens of the State of Georgia, shall be liberally construed to effect the purposes thereof. Section 13. 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 14. Conflicting Laws Repealed . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 10, 1968.

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AGRICULTUREACT REGULATING SALE OF FLUECURED TOBACCO AMENDED. No. 1150 (Senate Bill No. 232). An Act to amend an Act relating to the sale of flue-cured leaf tobacco in this State, approved March 7, 1960 (Ga. L. 1960, p. 214), so as to restate the intention of said Act; to change the method of licensing of operators flue-cured leaf tobacco warehouses and renewals thereof; to provide that tobacco warehouses shall be closed on Sunday for the purpose of receiving, unloading, weighing or placing tobacco on a warehouse floor; to strike certain provisions relating to the means of identifying and typing flue-cured leaf tobacco; 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 relating to the sale of flue-cured leaf tobacco in this State, approved March 7, 1960 (Ga. L. 1960, p. 214), is hereby amended by striking section 1 in its entirety and inserting in lieu thereof a new section 1 to read as follows: Section 1. It is the intent and purpose of this Act to enable producers to have sufficient time to properly cure, prepare and to market their flue-cured tobacco in an orderly manner. It is found by the General Assembly that it is essential that the provisions provided in this Act are necessary to the proper marketing of flue-cured leaf tobacco. Intent. Section 2. Said Act is further amended by striking section 2 in its entirety and inserting in lieu thereof a new section 2 to read as follows: Section 2. No person real or corporate shall operate, hold or conduct an auction sale for the sale of flue-cured leaf tobacco within this State without first having obtained a license for the regular selling season in which the sale is made from the Commissioner of Agriculture. Each license so issued shall automatically expire as each warehouse

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closes its regular selling season, provided, however, that the Commissioner of Agriculture, in his discretion may issue additional licenses to warehousemen as he deems necessary and desirable for clean-up sales or special sales. Said licenses to terminate at the conclusion of said clean-up or special sale. The license fee shall be $10.00 for each regular selling season with no additional fee for licenses issued for clean-up or special sales. Licenses shall be subject to renewal from one regular selling season to another under such rules and regulations as the Commissioner of Agriculture shall prescribe. Auction. Section 3. Said Act is further amended by adding to the end of section 10 the following: All tobacco warehouses shall be closed on Sundays for the purpose of receiving, unloading, weighing, or placing tobacco on a warehouse floor between the hours of 12:01 a.m., Sunday, and 12:01 a.m., Monday., so that section 10 when so amended, shall read as follows: Section 10. The flue-cured leaf tobacco marketing season shall continue for a minimum of twenty-seven (27) selling days after the opening date. The operating day of each flue-cured leaf tobacco warehouse shall not exceed five (5) actual selling hours and operating week of each such warehouse shall be limited to five (5) actual selling days, provided that no sale shall be held on Saturday or Sunday. All tobacco warehouses shall be closed on Sunday for the purpose of receiving, unloading, weighing or placing tobacco on a warehouse floor between the hours of 12:01 a.m., Sunday, and 12:01 a.m., Monday. Marketing season. Section 4. Said Act is further amended by striking section 13, section 14, and section 15 in their entirety. Sections repealed. Section 5. Said Act is further amended by adding a new section immediately following section 27 to be known as section 27A to read as follows: Section 27A. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or

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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 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 10, 1968. EMPLOYMENT OF ALIENS. No. 1152 (Senate Bill No. 237). An Act to amend an Act entitled An Act to prohibit the State of Georgia or any department thereof or any political subdivision thereof from employing in any agency of the State of Georgia or any of its departments or political subdivisions any alien except where there is no qualified American citizen available, approved February 16, 1938 (Ga. L. 1937-38 Ex. Sess., p. 189), as amended, so as to authorize the employment of alien students enrolled in a college or university in this State or in a program of student exchange sponsored or participated in by a college or university in this State; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Section 1 of the Act entitled An Act to prohibit the State of Georgia or any department thereof or any political subdivision thereof from employing in any agency of the State of Georgia or any of its departments or political subdivisions any alien except where there is no

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qualified American citizen available, approved February 16, 1938 (Ga. L. 1937-38, Ex. Sess., p. 189), as amended by an Act approved March 3, 1955 (Ga. L. 1955, p. 382-383), is hereby amended by striking same in its entirety and enacting in lieu thereof the following enacting clause and section 1: Be it enacted by the General Assembly of Georgia: Section 1. (a) Except as hereinafter provided, no department of the State government or any political subdivision thereof shall employ any alien for any purpose until a thorough investigation has been made and it is ascertained that there is no qualified American citizen available to perform the duty desired. (b) An institution of the University System of Georgia may employ an alien who is attending such institution as a student. Such an institution may employ any other alien for a period of time not to exceed one year or may enter into exchange professorship agreements with institutions, foreign or otherwise, where aliens are involved, for a period of time not to exceed one year. (c) The prohibition of subsection (a) shall not apply to the employment of an alien who is not a communist and who is in this country as a student enrolled in a college or university in this State or in a program of student exchange sponsored or participated in by a college or university in this State as certified by the dean or registrar thereof. (d) The prohibitions of subsection (a) shall not apply to the employment of aliens licensed under section 2 of an Act, relating to the licensing of aliens to practice medicine or pharmacy, approved March 23, 1939 (Ga. L. 1939, p. 319), as amended. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 10, 1968.

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CRIMESDISCHARGE OF FIREARMS ON SUNDAY. Code 26-6907 Repealed. No. 1153 (Senate Bill No. 240). An Act to provide that it shall be unlawful for any person to fire or discharge any firearm on Sunday; to provide for exceptions; to provide for a penalty; to repeal a specific law; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. It shall be unlawful for any person to willfully or wantonly fire or discharge a firearm on Sunday. The provisions of this Act shall not apply to (1) persons who shall fire or discharge a firearm in defense of person or property; (2) law enforcement officers; and (3) persons who shall fire or discharge a firearm at a firing range approved by the sheriff or police chief of the county or municipality in which the firing range is located and which is supervised by law enforcement officers or representatives of a local, state or national gun club. Section 2. Any person who violates the provisions of this Act shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor. Section 3. Code section 26-6907, relating to the discharging of a gun or pistol on Sunday, is hereby repealed in its entirety. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 10, 1968.

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GEORGIA STATE WAR VETERANS' HOME ACT AMENDED. No. 1154 (Senate Bill No. 245). An Act to amend an Act establishing the Georgia State War Veterans' Home, approved June 22, 1955 (Ga. L. 1955, Ex. Sess., p. 18), so as to redefine the term war veterans; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing the Georgia State War Veterans' Home, approved June 22, 1955 (Ga. L. 1955, Ex. Sess., p. 18), is hereby amended by striking section 3 in its entirety and inserting in lieu thereof a new section 3 to read as follows: Section 3. The words `war veterans', as used in the foregoing sections, shall be construed to mean any veterans who were discharged under other than dishonorable conditions, and who served on active duty in the armed forces of the United States, or on active duty in a reserve component of the armed forces of the United States including the National Guard, during wartime or during the period beginning January 31, 1955 and ending on a date to be determined by Presidential proclamation or by a concurrent resolution of the Congress declaring a cessation of the Vietnam Era. War veteran defined. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 10, 1968.

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INVESTIGATIONS INTO CHARGES AGAINST SHERIFFS. No. 1155 (Senate Bill No. 251). An Act to provide the procedure to be followed in the event the Governor orders an investigation of charges against a sheriff; to provide for a committee to conduct such investigation; to provide for the composition of any such committee; to provide for reports; to provide for costs; 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. Whenever the Governor determines that an investigation of any charges against the sheriff of this State should be made, he shall appoint two sheriffs who are members of the Georgia Sheriffs' Association who, along with the Attorney General, shall constitute a committee to conduct the investigation. Such sheriffs may be from any other two counties in the State. Such committee shall make a report of its investigation to the Governor within thirty days from the date of the appointment of both sheriffs by the Governor. In the event the Governor determines that further investigation should be made, he may then order additional investigation by the above committee or the Georgia Bureau of Investigation or by other law enforcement agencies of this State. Committee. Section 2. Any member of the committee shall be authorized to administer oaths to any witness before the committee. Oaths. Section 3. The members of any such committee shall receive no compensation for their services, but shall be reimbursed for any expenses incurred in connection with such investigation. The funds necessary to conduct any such investigation shall come from the funds appropriated to the executive branch of the government. Compensation.

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Section 4. The remedy provided by this Act is intended to be cumulative of other remedies available on the subject and not to repeal the same. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 10, 1968. Compiler's Note: The following Act does not become effective until July 1, 1969. See section 4 . CRIMINAL CODE OF GEORGIA. Title 26 Amended. No. 1157 (House Bill No. 5). An Act to revise, classify, consolidate, and supersede the present laws relating to crimes and the punishment therefor and to establish new laws relating thereto; to define that which constitutes each crime and to provide for punishment and for the imposition of punishment therefor; to provide safeguards for the rights of those accused of crimes; to provide a new Criminal Code composed as follows: Chapter 26-1, title and construction of Act, including general purposes of the Act, application of the Act to crimes committed on and after the effective date of the Act, and providing punishment for conduct made criminal by the Act or by another statute of this State and for which punishment is not otherwise provided; Chapter 26-2, applicability of common law, providing that no conduct constitutes a crime unless it is described as a crime in the Act or in another statute of this State and providing that benefit of clergy shall not exist; Chapter 26-3, jurisdiction and venue, providing the policy of this State as to the exercise of its juristion over crime and persons charged with the commission of crime, providing for the instances in which a person shall be subject to prosecution in this State for a crime

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which he commits while either within or outside the State, providing the circumstances under which a crime is committed partly within this State and that a crime based on an omission to perform a duty imposed by the law of the State is committed within the State, and providing for the venue for trial of criminal offenses and the cumulative effect of this venue provision; Chapter 26-4, general definitions, providing that, for the purposes of this Act, the terms set out and defined in the section of this Chapter have the meanings designated therein except when a particular context clearly requires a different meaning; Chapter 26-5, rights of accused, providing for the presumption of innocence of every person until proved guilty, prohibiting conviction of a crime unless each element of such crime is proved beyond a reasonable doubt, providing for limitations of prosecutions, periods excluded from limitations of prosecutions, extension of limitation of prosecutions, crimes included within a crime charged and when a crime is so included, multiple prosecutions for the same act or conduct and limiting such multiple prosecutions, providing for the effect of former prosecution; Chapter 26-6, criminal act and mental state, defining a crime, providing for misfortune or accident not being a crime, the presumption that the acts of a person of sound mind and discretion are the product of the person's will and the rebuttal of this presumption, how intention may be manifested, intention as a question of fact, the presumption of sanity; Chapter 26-7, responsibility, providing for the minimum age at which a person shall be considered or found guilty of a crime, lack of mental capacity to distinguish between right and wrong in relation to the crime committed, insanity, delusional compulsion overmastering will to resist committing crime, no finding of guilty of crime when involuntary intoxication results in lack of sufficient mental capacity to distinguish between right and wrong in relation to such crime, definition of involuntary intoxication, voluntary intoxication as no excuse for criminal act or omission; Chapter 26-8, parties to crime, providing for persons concerned in the commission of a crime being parties, the circumstances under which a person is concerned in the commission of a crime, the

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trial and conviction of a party to a crime who did not directly commit the crime, the criminal responsibility of corporations; Chapter 26-9, defenses to criminal liability, providing for justification as a defense to prosecution for a crime and the circumstances and instances when the defense of justification can be claimed, the circumstances under which the use of force in the defense of self or others is and is not justifiable, the circumstances under which the use of force in the defense of a habitation is justifiable, the circumstances under which the use of force in the defense of real and personal property is justifiable, entrapment as a defense to prosecution for a crime, coercion as a defense to prosecution for a crime, and providing that a defense based upon any of the provisions of this chapter is an affirmative defense; Chapter 26-10, attempts, providing the circumstances under which or the occasion when a person commits criminal attempt, that impossibility of commission of the crime is no defense to a charge of criminal attempt, that abandonment of effort to commit the crime or prevention of its commission is an affirmative defense to criminal attempt, that there can be a conviction of criminal attempt if the crime attempted was committed in pursuance of the attempt but not conviction of both the criminal attempt and the completed crime, that the charge of a crime includes criminal attempt as to that crime, and providing the punishment for conviction of criminal attempts to commit felonies and misdemeanors and crimes punishable by death or by life imprisonment; Chapter 26-11, criminal homicide, providing for the crime of murder, the definition of express malice, when malice shall be implied, the punishment for murder, the crime of voluntary manslaughter and the punishment therefor, the crime of involuntary manslaughter and the punishment therefor, and the crime of concealing the death of another and the punishment therefor; Chapter 26-12, abortion, providing for the crime of criminal abortion, providing that nothing in this chapter shall be construed to prohibit therapeutic abortion performed by a licensed physician in a licensed hospital or other medical institution when said abortion is medically advisable in the written opinion of at least two other licensed physicians

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which opinions are to be based on personal medical examination of the woman and filed in advance with such hospital or other medical institution providing for the filing and furnishing to the solicitor general of the judicial circuit in which the aforesaid hospital or other medical institution is located upon his written request of the aforesaid written opinions of the two licensed physicians, and providing the punishment for the crime of criminal abortion; Chapter 26-13, bodily injury and related offenses, providing for the crime of simple assault and the punishment therefor, the crime of aggravated assault and the punishment therefor, the conviction of assault with intent to commit the crime if the intended crime was committed as a result of the assault but not conviction of both the assault and the completed crime, the crime of simple battery and the punishment therefor, the crime of aggravated battery and the punishment therefor, the justification for simple assault or simple battery on the grounds of opprobrious or abusive language used by the person against whom force was threatened or used, the crime of terroristic threat and the punishment therefor, the crime of false imprisonment and the punishment therefor, the crime of false imprisonment under color of legal process and the punishment therefor, the crime of maliciously causing the imprisonment of a sane person and the punishment therefor, the crime of kidnapping and the punishment therefor, the crime of interference with custody of a committed person and the punishment therefor, and providing the definition of the words committed person; Chapter 26-14, arson and related offenses, providing for the crimes of arson in the first degree, arson in the second degree, arson in the third degree, criminal possession of explosives, and prescribing the punishment for each of the above said crimes; Chapter 26-15, criminal damage to property, providing for the crimes of criminal damage to property in the first degree, criminal damage to property in the second degree, criminal trespass upon the land or premises of another, criminal trespass to vehicles, damaging, destroying, or secreting property to defraud another person, vandalism to a place of worship, and prescribing the punishment for each of the

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above said crimes; Chapter 26-16, burglary and related offenses, providing for the crime of burglary and the crime of possession of tools used in the commission of crime, and prescribing the punishment for each of the above said crimes; Chapter 26-17, deceptive practices, providing for the crime of forgery, the crime of making, drawing, uttering, or delivering a check, draft, or order for the payment of money on any bank or other depository in exchange for present consideration or wages knowing that it will not be honored by the drawee, the crime of improper use of a credit card, the crime of deceptive business practice, the crime of destroying, removing, concealing, encumbering, transferring, or otherwise dealing with property subject to a security interest with intent to hinder enforcement of that interest, and prescribing punishment for each of the above said crimes; Chapter 26-18, theft, defining the words and terms deprive, financial institution, and property of another as used in the chapter, providing for the crime of theft by taking, the crime of theft by deception, the crime of theft by extortion and the venue of prosecutions for said crime and the punishment for said crime, the crime of theft of lost or mislaid property, the crime of theft by receiving stolen property, the crime of theft of services, the crime of theft by conversion, the crime of theft of a trade secret and the punishment for said crime, providing for an affirmative defense of claim of right to prosecution for violation of specified sections of this chapter, providing for venue in a prosecution under specified sections of this chapter, and prescribing punishment for the violation of sections 26-1802, 26-1803, 26-1805, 26-1806, 26-1807, and 26-1808; Chapter 26-19, robbery, providing for the crime of robbery and the crime of armed robbery and prescribing the punishment for each of the above said crimes; Chapter 26-20, sexual offenses, providing for the crimes of rape, sodomy, aggravated sodomy, solicitation of sodomy, bestiality, seduction, incent, bigamy, marrying a bigamist, adultery, fornication, public indecency by performing in a public place an act of sexual intercourse or lewd exposure of sexual organs or lewd appearance in a state of partial or nudity or lewd caress or indecent fondling of body of

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another person, prostitution, pimping, keeping a place of prostitution, pandering, pandering by compulsion, statutory rape, child molestation, enticing a child for indecent purposes, and prescribing punishment for each of the above said crimes, providing for an affirmative defense to the crime of bigamy and the crime of marrying a bigamist based upon continual absence of the prior spouse for a period of seven years, and providing that no conviction for the crimes of rape or statutory rape shall be had upon the unsupported testimony of the female; Chapter 26-21, distributing obscene materials, providing for the crime of distributing obscene materials and prescribing punishment for said crime; Chapter 26-22, treason and related offenses, providing for the crimes of treason, insurrection, attempt to incite insurrection, advocating the overthrow of the government of the State or any political subdivision thereof, and prescribing the punishment for each of the above said crimes; Chapter 26-23, abuse of governmental office, providing for the crimes of bribery, violation of oath by public officer, State government officers or employees receiving funds to be used in the enforcement of penal laws or regulations of the State, local government officers or employees receiving funds to be used in the enforcement of penal laws or regulations of the political subdivision of which they are officers or employees, State government officers or employees improperly influencing legislative action of the General Assembly or approval or disapproval of same by the Governor, local government officers or employees improperly influencing legislative action of the legislative body of the political subdivision of which they are officers or employees, State officers or employees improperly influencing another officer or employee of the State or any agency thereof, local government officers or employees improperly influencing another officer or employee of the political subdivision of which they are officers or employees, a State officer or employee selling to the State government or any agency thereof, an officer or employee of a political subdivision selling to the political subdivision of which he is an officer or employee, conspiracy to defraud the State, conspiracy to defraud a political subdivision,

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conspiracy in restraint of free and open competition in transactions with the State or any agency thereof, conspiracy in restraint of free and open competition in transactions with political subdivisions or any agency thereof, officer making a false acknowledgement of appearance or oath, officer of State or political subdivision or other authorized persons making false official certificates or writings, acceptance by person who is or may be a witness of reward or consideration pursuant to an agreement that his testimony will be influenced thereby or that he will abasent himself, and providing that it shall be unlawful for members of the General Assembly to accept or hold office or employment in the executive or judicial branches of State government and unlawful for judges of courts of record or their clerks or assistants to accept or hold office or employment in the executive or legislative branches of State government and unlawful for officers or employees of the executive branch of State government to accept or hold office or employment in the legislative or judicial branches of State government and specifying the punishment for the violation of the foregoing provisions; Chapter 26-24, perjury and other falsifications, providing for the crimes of perjury, false swearing, subornation of perjury or false swearing, impersonating in a legal proceeding, impersonating a public officer or employee, barratry, embracery, and specifying the punishment for each of the above said crimes; Chapter 26-25, obstruction of law enforcement, providing for the crimes of escape, aiding another to escape, a peace officer or employee of a penal institution recklessly permitting a person in his custody to escape, hindering the apprehension or punishment of a criminal, compounding a crime, obstruction of law enforcement officer in lawful discharge of his official duties, giving a false name or address to a law enforcement officer in the lawful discharge of his official duties with intent to mislead him, mutiny in penal institutions, instigating mutiny in penal institutions, and specifying the punishment for each of the above said crimes; Chapter 26-26, disorderly conduct and related offenses, providing for the crimes of riot, inciting to riot, affray, unlawful assembly, public disturbancepreventing or disrupting

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a lawful meeting or gathering or procession, refusal of person in a gathering to obey official request or order of peace officer or fireman to disperse, public drunkenness, transmitting false fire alarm, transmitting false public alarm, abusive or obscene languageuse of opprobrious words to or of another in his presence or by telephone or use of obscene and vulgar or profane language in presence of or by telephone to a female under the age of 14 years or communicating to any female within State by writing or printing any obscene or vulgar language or improper proposals or engaging in indecent or disorderly conduct in presence of female in any public place or telephoning another repeatedly for the purpose of annoying or harassing or molesting another or his family or use over the telephone of language threatening bodily harm or telephoning and intentionally failing to disengage the connection or knowingly permitting any telephone under his control to be used for the above prohibited purposes, obstructing highways or streets or sidewalks or other public passages, dumping trash on right-of-way of a highway or on the land of another, criminal interference with government property, keeping and maintaining a disorderly house, and prescribing the punishment for each of the above said crimes; Chapter 26-27, gambling and related offenses, defining bet, gambling place, gambling device, lottery, and providing for the crimes of gambling, commercial gambling, keeping a gambling place, advertising commercial gambling, communicating gambling information, possession of gambling device or equipment, bribery of a contestant or coach or trainer or manager or official in any athletic or sporting contest or event, solicitation or acceptance of a bribe by participant or coach or trainer or manager or official in any athletic or sporting contest or event, and specifying punishment for each of the above said crimes, and providing for the seizure and destruction of gambling devices, providing that funds or other things of value seized in any gambling place or found in or on any gambling device shall vest in the county and shall be paid into the county treasury as county funds, and providing for the seizure of vehicles used in transporting gambling devices and equipment, and providing that a

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purchaser of a federal wagering occupational tax stamp shall register such stamp and shall file a sworn affidavit setting forth the name and address of the true owner of the gaming device for which such stamp was purchased together with the serial number of each such device and prescribing a punishment for failure to register such stamp as above required and providing that holding or owning or poossessing or paying the tax for a federal wagering occupational tax stamp shall be prima facie evidence of the guilt of the person paying the tax or so holding or owning or possessing in prosecutions under sections 26-2702 or 26-2703 of this code and providing that payment of tax on coin-operated gaming devices as provided in 26 United States Code Section 4461 or the holding or owning or possessing of any stamp or receipt of such payment shall be prima facie evidence of guilt of the person paying such tax or holding or owning or possessing such stamp or receipt in any prosecution for violation of section 26-2707 of this code, and providing further that the State Revenue Commissioner shall annually ascertain what persons have been issued or hold or own or possess or are paying taxes on coin-operated gaming devices and shall report this fact in writing to all law enforcement agencies seated in the county of the residence of such person holding or owning or possessing or paying the aforesaid taxes; Chapter 26-28, malicious mischief offenses, providing for the crimes of cruelty to children, cruelty to animals, misuse of the Federal Flag or emblem or the Georgia State Flag or coat of arms or the flag or emblem of the Confederate States of America, criminal defamation, and specifying punishment for each of the above said crimes; Chapter 26-30, invasions of privacy, providing for the crimes of unlawful eavesdropping or surveillance but providing specified exceptions and exemptions from the operation of this criminal provision with reference to the use of certain telephonic equipment to intercept communications under license from the Georgia Public Service Commission or use of certain equipment by telephone companies to preserve quality of service furnished the public or prevent unlawful use of telephone service and with reference to interception and divulging of messages sent by

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telephone or telegraph or letter or other means upon consent of parties thereto and further making provision concerning the admissibility into evidence of communications obtained under these exceptions and exemptions, and specifying punishment for each of the above said crimes; Chapter 26-29, crimes involving dangerous instrumentalities and practices, providing for the crime of carrying a concealed weapon, the crime of carrying deadly weapons to or while at a public gathering, the crime of carrying a pistol without a license, the granting and revocation by ordinaries of each county of licenses to carry pistols or revolvers, the crime of furnishing weapons to minors, the crime of selling or manufacturing or purchasing or possessing or carrying machine guns, the exemption of specified persons from the application or effect of sections 26-2901, 26-2902, 26-2903 and 26-2906 of this code, the crime of pointing a gun or pistol at another, the crime of discharging a gun or pistol within fifty wards of a public highway or street, the crime of reckless conduct causing bodily harm to or endangering the bodily safety of another person, the crime of abandonment of containers with snap-locks, the crime of refusal to relinquish a telephone party line in case of emergency, the crime of making a false statement as to an emergency in order to obtain the line, the requirement that there shall be printed in every telephone directory a notice setting forth the substance of the crimes of refusal to relinquish a telephone party line in case of emergency and making a false statement as to an emergency in order to obtain the line, the crime of wearing masks upon any public way or public property or upon the private property of another, the crime of placing or causing to be placed on public or private property a burning or flaming cross or any manner of exhibit in which a burning or flaming cross, real or simulated, is a whole or a part, and prescribing the punishment for each of the above said crimes; Chapter 26-31, reducible feloniescapital offenses, providing for reducible feloniesthe circumstances under which a defendant who has been found guilty by a jury or by a judge of a felony punishable by imprisonment for a maximum of ten years or less may be punished as for a misdemeanor, and providing

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for jury verdict and sentence in capital offensesupon trial by jury involving an offense punishable by death or imprisonment a sentence of death shall not be imposed unless the jury verdict includes a recommendation that such sentence be imposed but if such recommendation is made the judge shall impose the death sentence and if such recommendation is not made the judge shall impose a sentence of imprisonment as provided by law and where trial is by the court and defendant is found guilty of an offense punishable by death or imprisonment the court shall impose sentence of death or imprisonment; Chapter 26-99, miscellaneous, providing for the crime of publication of the name or identity of a female raped or assaulted and prescribing the punishment therefor, providing for trials for escapes from the penitentiary and for other prisoners and convicts as competent witnesses of such trials, providing for convict witnesses on trials of convicts for mutiny, providing who may be appointed peace officers and detectives and prohibiting persons from assuming to act as peace officers and detectives without appointment and requiring the filing of a list of all persons so appointed and prescribing punishment for violation of these provisions, providing for the crime of intermarriage between specified persons related by blood or marriage and prescribing the punishment for said crime, providing for the crime of keeping tippling houses open on the Sabbath and prescribing the punishment for said crime, providing that on trial for offending against sections 26-2702, 26-2703, 26-2704, or 26-2707 any other person who may have played and bet at the same time or table shall be a competent witness, providing for the crime of violating the Sabbath day and prescribing the punishment therefor, providing for the crime of a warden or prison official causing a convict to work on Sunday and prescribing the punishment for said crime; to provide specific repeal of certain code sections and statutes; 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 and it is hereby enacted by authority of same:

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Section 1 . The following shall constitute the Criminal Code of Georgia: CHAPTER 26-1. TITLE AND CONSTRUCTION OF ACT . 26-101. Title . This Code Title 26 shall be known and may be cited as the Criminal Code of Georgia. 26-102. General Purposes . The general purposes of this Title are: (a) To forbid and prevent conduct which unjustifiably and inexcusably causes or threatens substantial harm to individual or public interests; (b) To give fair warning of the nature of the conduct forbidden and the sentence authorized upon conviction; (c) To define that which constitutes each crime; and (d) To prescribe penalties which are proportionate to the seriousness of crimes and which permit recognition of differences in rehabilitation possibilities among individual criminals. 26-103. Application of Title to Crimes Committed Before and After Enactment . The provisions of this Title shall govern the construction and punishment of any crime defined in this Title committed on and after the effective date hereof, as well as the construction and application of any defense. The provisions of this Title do not apply to or govern the construction or punishment of any crime committed prior to the effective date of this Title, or the construction or application of any defense. Such a crime must be construed and punished according to the provisions of the law existing at the time of the commission thereof in the same manner as if this Title had not been enacted. 26-104. Punishment for Other Crimes . Any conduct that is made criminal by this Title or by another statute of this State, and for which punishment is not otherwise provided, shall be punished as for a misdemeanor.

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CHAPTER 26-2. APPLICABILITY OF COMMON LAW . 26-201. Code Governs Crimes . No conduct constitutes a crime unless it is described as a crime in this Title or in another statute of this State. However, this provision does not affect the power of a court to punish for contempt or to employ any sanction authorized by law for the enforcement of an order, civil judgment, or decree. 26-202. Benefit of Clergy . The ancient device of benefit of Clergy being no longer needed or appropriate, it shall not exist. CHAPTER 26-3. JURISDICTION AND VENUE . 26-301. Jurisdiction . (a) It is the policy of this State to exercise its jurisdiction over crime and persons charged with the commission of crime to the fullest extent allowable under, and consistent with, the Constitution of this State and the Constitution of the United States. (b) Pursuant to this policy, a person shall be subject to prosecution in this State for a crime which he commits, while either within or outside the State, by his own conduct or that of another for which he is legally accountable, if (1) the crime is committed either wholly or partly within the State; or (2) the conduct outside the State constitutes an attempt to commit a crime within the State; or (3) the conduct within the State constitutes an attempt to commit in another jurisdiction a crime under the laws of both this State and such other jurisdiction. (c) A crime is committed party within this State, if either the conduct which is an element of the crime, or the result which is such an element, occurs within the State. In homicide, the result is either the act which causes death, or the death itself; and if the body of a homicide victim is found within the State, the death is presumed to have occurred within the State. (d) A crime which is based on an omission to perform a duty imposed by the law of this State is committed within

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the State, regardless of the location of the accused at the time of the omission. 26-302. Venue . (a) Generally . Criminal actions shall be tried in the county where the crime was committed, except as otherwise provided by law. (b) Crime Committed on Boundary Line of Two Counties . If a crime is committed on, or immediately adjacent to, the boundary line between two counties, the crime shall be considered as having been committed in either county. (c) Criminal Homicide . Criminal homicide shall be considered as having been committed in the county in which the cause of death was inflicted. If it cannot be determined in which county the cause of death was inflicted, it shall be considered that it was inflicted in the county in which the death occurred. If a dead body is discovered in this State and it cannot be readily determined in what county the cause of death was inflicted, it shall be considered that the cause of death was inflicted in the county in which the dead body was discovered. (d) Crime Commenced Outside the State . If the commission of a crime under the laws of this State commenced outside the State is consummated within this State, the crime shall be considered as having been committed in the county where it is consummated. (e) Crime Committed While in Transit . If a crime is committed upon any railroad car, vehicle, watercraft, or aircraft traveling within this State, and it cannot readily be determined in which county the crime was committed, the crime shall be considered as having been committed in any county in which such crime could have been committed through which such railroad car, vehicle, watercraft, or aircraft has traveled. (f) Crime Committed on Water Boundaries; Counties . Whenever a stream or body of water is the boundary between two counties, the jurisdiction of each county shall extend to the center of the main channel of such stream or

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the center of such body of water, and if a crime is committed on such stream or body of water and it cannot be readily determined in which county the crime was committed, the crime shall be considered as having been committed in either county. (g) Crime Committed on Water Boundaries; States . Whenever a crime is committed on any river or body of water which forms a boundary between Georgia and another State, the accused shall be tried in the county of this State which is situated opposite the point where the crime is committed. If it cannot be readily determined on which side of the line a crime was committed between two counties which border the river or body of water, the crime shall be considered as having been committed in either county. (h) Crime in More Than One County . If in any case it cannot be determined in what county a crime was committed, it shall be considered to have been committed, in any county in which the evidence shows beyond a reasonable doubt that it might have been committed. (i) Cumulative Effect of Section . The provisions of this Section are cumulative and shall not supersede venue provisions found in other parts of the Georgia Code (1933), as amended, in other parts of the Criminal Code of Georgia, or in other parts of the Criminal Procedure Code of Georgia. CHAPTER 26-4. GENERAL DEFINITIONS . 26-401. Definitions . For the purposes of this Title, the following terms have the meanings designated, except when a particual context clearly requires a different meaning: (a) Affirmative Defense. With respect to any affirmative defense authorized in this Title, unless the State's evidence raises the issue invoking the alleged defense, the defendant to raise the issue, must present evidence thereon, or do so by his unsworn statement. The enumeration in this Title of some affirmative defenses shall not be construed as excluding the existence of others.

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(b) Agency means (1) when used with respect to the State Government, any department, commission, committee, authority, board, or bureau thereof; and (2) when used with respect to any political subdivision of the State Government, any department, commission, committee, authority, board, or bureau thereof. (c) Another means a person or persons other than the accused. (d) Conviction includes a final judgment of conviction entered upon a verdict or finding of guilty of a crime or upon a plea of guilty. (e) Felony means a crime punishable by death, or by imprisonment for life, or by imprisonment for more than 12 months. (f) Forcible felony means any felony which involves the use or threat of physical force or violence against any person. (g) Misdemeanor means any crime other than a felony. (h) Forcible misdemeanor means any misdemeanor which involves the use or threat of physical force or violence against any person. (i) Government means the United States, the State, any political subdivision thereof, or any agency of the foregoing. (j) Owner means a person who has a right to possession of property which is superior to that of a person who takes, uses, obtains, or withholds it from him and which the person, taking, using, obtaining, or withholding is not privileged to infringe. (k) Peace officer means any person who by virtue of his office or public enployment is vested by law with a duty to maintain public order or to make arrests for offenses,

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whether that duty extends to all crimes or is limited to specific offenses. (l) Person means an individual, a public or private corporation, an incorporated association, government, government agency, partnership or unincorporated association. (m) Public place means any place where the conduct involved may reasonably be expected to be viewed by people other than members of the actor's family or household. (n) Property means anything of value, including, but not limited to, real estate, tangible and intangible personal property, contract rights, services, choses-in-action and other interests in or claims to wealth, admission or transportation tickets, captured or domestic animals, food and drink and electric or other power. (o) Prosecution means all legal proceedings by which a person's liability for a crime is determined, commencing with the return of the indictment or the filing of the information or accusation, and including the final disposition of the case upon appeal. (p) Reasonable belief means that the person concerned, acting as a reasonable man, believes that the described facts exist. (q) State means the State of Georgia, and all land and water in respect to which the State of Georgia has either exclusive or concurrent jurisdiction, and the air space above such land and water. (r) Without authority means without legal right or privilege or without permission of a person legally entitled to withhold the right. (s) Without his consent means that a person whose concurrence is required has not, with knowledge of the essential facts, voluntarily yielded to the proposal of the accused or of another.

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CHAPTER 26-5. RIGHTS OF ACCUSED . 26-501. Presumption of Innocence and Proof Beyond Reasonable Doubt . Every person is presumed innocent until proved guilty. No person shall be convicted of a crime unless each element of such crime is proved beyond a reasonable doubt. 26-502. Limitation of Prosecutions . (a) A prosecution for murder may be commenced at anytime. (b) Prosecution for other crimes punishable by death or life imprisonment must be commenced within seven years after the commission of the crime. (c) Prosecution for felonies other than those specified in section 26-502(a) and (b) must be commenced within four years after the commission of the crime. (d) Prosecution for misdemeanors must be commenced within two years after the commission of the crime. 26-503. Periods Excluded From Limitation . The period within which a prosecution must be commenced under the provisions of section 26-502, or other applicable statute, does not include any period in which: (a) The accused is not usually and publicly a resident within this State; or (b) The person committing the crime or crimes is unknown; or (c) The accused is a government officer or employee and the crime charged is theft by conversion of public property while such an officer or employee. (d) The accused is a guardian or trustee and the crime charged is theft by conversion of property of the ward or beneficiary. 26-504. Extended Limitations . If the indictment is found within the time provided for in sections 26-502 or 26-503 or

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other applicable statute and is quashed or a nolle prosequi entered, the limitation shall be extended six months from the time the first indictment is quashed or the nolle prosequi entered. 26-505. Included Crime . An accused may be convicted of a crime included in a crime charged in the indictment, information, or accusation. A crime is so included when: (a) It is established by proof of the same or less than all the facts or a less culpable mental state than is required to establish the commission of the crime charged, or (b) It differs from the crime charged only in the respect that a less serious injury or risk of injury to the same person, property, or public interest or a lesser kind of culpability suffices to establish its commission. 26-506. Multiple Prosecution for Same Conduct . (a) When the same conduct of an accused may establish the commission of more than one crime, the accused may be prosecuted for each crime. He may not, however, be convicted of more than one crime if (1) one crime is included in the other, or (2) the crimes differ only in that one is defined to prohibit a designated kind of conduct generally and the other to prohibit a specific instance of such conduct. (b) If the several crimes arising from the same conduct are known to the proper prosecuting officer at the time of commencing the prosecution and are within the jurisdiction of a single court, they must be prosecuted in a single prosecution except as provided in subsection (c). (c) When two or more crimes are charged as required by subsection (b), the court in the interest of justice may order that one or more of such charges be tried separately. 26-507. Effect of Former Prosecution . (a) A prosecution is barred if the accused was formerly prosecuted for the same crime, based upon the same material facts, if such former prosecution (1) resulted in either a conviction or an acquittal; or

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(2) was terminated improperly after the jury was impaneled and sworn or, in a trial before a court without a jury, after the first witness was sworn but before findings were rendered by the trier of facts, or after a plea of guilty was accepted by the court. (b) A prosecution is barred if the accused was formerly prosecuted for a different crime, or for the same crime based upon different facts, if such former prosecution (1) resulted in either a conviction or an acquittal, and the subsequent prosecution is for a crime of which the accused could have been convicted on the former prosecution; or was for a crime with which the accused should have been charged on the former prosecution (unless the court ordered a separate trial of such charge); or was for a crime which involves the same conduct, unless each prosecution requires proof of a fact not required on the other prosecution, or the crime was not consummated when the former trial began; or (2) was terminated improperly, and the subsequent prosecution is for a crime of which the accused could have been convicted if the former prosecution had not been terminated improperly. (c) A prosecution is barred if the accused was formerly prosecuted in a District Court of the United States for a crime which is within the concurrent jurisdiction of this State if such former prosecution resulted in either a conviction or an acquittal, and the subsequent prosecution is for the same conduct, unless each prosecution requires proof of a fact not required in the other prosecution, or the crime was not consummated when the former trial began. (d) A prosecution is not barred within the meaning of this section (1) if the former prosecution was before a court which lacked jurisdiction over the accused or the crime; or (2) if subsequent proceedings resulted in the invalidation, setting aside, reversing, or vacating of the conviction, unless the accused was thereby adjudged not guilty or unless there was a finding that the evidence did not authorize the verdict.

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(e) Termination under any of the following circumstances is not improper: (1) The accused consents to the termination or waives, by motion to dismiss or other affirmative action, his right to object to the termination. (2) The trial court finds that the termination is necessary because (a) it is physically impossible to proceed with the trial; or (b) prejudical conduct, in or outside the courtroom, makes it impossible to proceed with the trial without injustice to the defendant; or (c) the jury is unable to agree upon a verdict; or (d) false statements of a juror on voir dire prevent a fair trial. CHAPTER 26-6. CRIMINAL ACT AND MENTAL STATE . 26-601. Definition of Crime . A crime is a violation of a statute of this State in which there shall be a union of joint operation of act, or omission to act, and intention, or criminal negligence. 26-602. Misfortune or Accident Not a Crime . A person shall not be found guilty of any crime committed by misfortune or accident where it satisfactorily appears there was no criminal scheme or undertaking, or intention, or criminal negligence. 26-603. Acts Presumed to be Wilful . The acts of a person of sound mind and discretion are presumed to be the product of the person's will, but the presumption may be rebutted. 26-604. Consequences Presumed Intended . A person of sound mind and discretion is presumed to intend the natural and probable consequences of his acts, but the presumption may be rebutted. 26-605. Intention a Question of Fact . A person will not be presumed to act with criminal intention, but the trier of facts may find such intention upon consideration of the words, conduct, demeanor, motive, and all other circumstances

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connected with the act for which the accused is prosecuted. 26-606. Presumption of Sanity . Every person is presumed to be of sound mind and discretion but the presumption may be rebutted. CHAPTER 26-7. RESPONSIBILITY . 26-701. Minimum Age . A person shall not be considered or found guilty of a crime unless he has attained the age of 13 years at the time of the act, omission, or negligence constituting the crime. 26-702. Mental Capacity; Insanity . A person shall not be found guilty of a crime, if at the time of the act, ommission, or negligence constituting the crime, such person did not have mental capacity to distinguish between right and wrong in relation to such act, omission, or negligence. 26-703. Delusion Compulsion . A person shall not be found guilty of a crime when at the time of the act, omission, or negligence constituting the crime, such person, because of mental disease, injury, or congenital deficiency, acted as he did because of a delusional compulsion as to such act which overmastered his will to resist committing the crime. 26-704. Intoxication . A person shall not be found guilty of a crime when at the time of the act, omission, or negligence constituting the crime, such person, because of involuntary intoxication, did not have sufficient mental capacity to distinguish between right and wrong in relation to such act. Involuntary intoxication means intoxication caused (a) by consumption of a substance through excusable ignorance and (b) by the coercion, fraud, artifice, or contrivance of another person. Voluntary intoxication shall not be an excuse for any criminal act or omission. 26-705. Mistake of Fact . A person shall not be found guilty of a crime if the act or omission to act constituting the crime was induced by a misapprehension of fact, which, if true, would have justified the act or omission.

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CHAPTER 26-8. PARTIES TO CRIME . 26-801. Parties to Crime; Punishment . (a) Every person concerned in the commission of a crime is a party thereto and may be charged with and convicted of commission of the crime. (b) A person is concerned in the commission of a crime only if he: (1) directly commits the crime; or (2) intentionally causes some other person to commit the crime under such circumstances that the other person is not guilty of any crime either in fact or because of legal incapacity; or (3) intentionally aids or abets in the commission of the crime; or (4) intentionally advises, encourages, hires, counsels, or procures another to commit the crime. 26-802. Trial and Conviction of Parties Who Did Not Directly Commit the Crime . Any party to a crime who did not directly commit the crime may be indicted, tried, convicted, and punished for commission of the crime upon proof that the crime was committed and that he was a party thereto, although the person claimed to have directly committed the crime has not been prosecuted or convicted, or has been convicted of a different crime or degree of crime, or is not amenable to justice or has been acquitted. 26-803. Criminal Responsibility of Corporations . (a) A corporation may be prosecuted for the act or omission constituting a crime if, but only if: (1) The crime is defined by a statute which clearly indicates a legislative purpose to impose liability on a corporation, and an agent of the corporation performs the conduct which is an element of the crime while acting within the scope of his office or employment and in behalf of the corporation; or (2) The commission of the crime is authorized, requested, commanded, performed, or recklessly tolerated by the board of directors or by a managerial official who is acting within the scope of his employment in behalf of the corporation. (b) For the purposes of this section:

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(1) Agent means any director, officer, servant, employee, or other person who is authorized to act in behalf of the corporation. (2) Managerial official means an officer of the corporation, or any other agent who has a position of comparable authority for the formulation of corporate policy or the supervision of subordinate employees. CHAPTER 26-9. DEFENSES TO CRIMINAL LIABILITY. 26-901. Justification as a defense . The fact that a person's conduct is justified is a defense to prosecution for any crime based on that conduct. The defense of justification can be claimed: (a) When the person's conduct is justified under sections 26-902, 26-903, 26-904, 26-905 or 26-906 of this Chapter; or (b) When the person's conduct is in reasonable fulfillment of his duties as a government officer or employee; or (c) When the person's conduct is reasonable discipline of a minor by his parent or a person in loco parentis; or (d) When the person's conduct is reasonable and is performed in the course of making a lawful arrest; or (e) When the person's conduct is justified for any other reason under the laws of this State; or (f) In all other instances which stand upon the same footing of reason and justice as those enumerated in this Chapter. 26-902. Use of Force in Defense of Self or Others, including Justifiable Homicide . (a) A person is justified in threatening or using force against another when and to the extent that he reasonably believes that such threat or force is necessary to defend himself or a third person against such other's imminent use of unlawful force; however, a person is justified in using force which is intended or likely to cause

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death or great bodily harm only if he reasonably believes that such force is necessary to prevent death or great bodily injury to himself or a third person, or the commission of a forcible felony. (b) A person is not justified in using force under the circumstances specified in paragraph (a) of this section if he: (1) initially provokes the use of force against himself with the intent to use such force as an excuse to inflict bodily harm upon the assailant; or (2) is attempting to commit, committing, or fleeing after the commission or attempted commission of a felony; or (3) was the aggressor or was engaged in a combat by agreement, unless he withdraws from the encounter and effectively communicates to such other person his intent to do so and the other notwithstanding continues or threatens to continue the use of unlawful force. 26-903. Use of Force in Defense of Habitation . A person is justified in threatening or using force against another when and to the extent that he reasonably believes that such threat or force is necessary to prevent or terminate such other's unlawful entry into or attack upon a habitation; however, he is justified in the use of force which is intended or likely to cause death or great bodily harm only if: (1) The entry is made or attempted in a violent and tumultuous manner and he reasonably believes that the entry is attempted or made for the purpose of assaulting or offering personal violence to any person dwelling or being therein and that such force is necessary to prevent the assault or offer of personal violence; or (2) He reasonably believes that the entry is made or attempted for the purpose of committing a felony therein and that such force is necessary to prevent the commission of the felony. 26-904. Use of Force in Defense of Property . A person is justified in threatening or using force against another when and to the extent that he reasonably believes that such threat or force is necessary to prevent or terminate such

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other's trespass on or other tortious or criminal interference with real property (other than a habitation) or personal property: (1) lawfully in his possession, or (2) lawfully in the possession of a member of his immediate family, or (3) belonging to a person whose property he has a legal duty to protect. (b) The use of force which is intended or likely to cause death or great bodily harm to prevent trespass on or other tortious or criminal interference with real property (other than a habitation) or personal property is not justified unless the person using such force reasonably believes that it is necessary to prevent the commission of a forcible felony. 26-905. Entrapment as a Defense . A person is not guilty of a crime if, by entrapment, his conduct is induced or solicited by a government officer or employee, or agent of either for the purpose of obtaining evidence to be used in prosecuting the person for commission of the crime. Entrapment exists where the idea and intention of the commission of the crime originated with a government officer or employee, or with an agent of either, and he, by undue persuasion, incitement, or deceitful means, induced the accused to commit the act which the accused would not have committed except for the conduct of such officer. 26-906. Coercion as a Defense . A person is not guilty of a crime, except murder, if the act upon which the supposed criminal liability is based is performed under such coercion that the person reasonably believes that performing the act is the only way to prevent his imminent death or great bodily injury. 26-907. Affirmative Defenses . A defense based upon any of the provisions of this Chapter is an affirmative defense. CHAPTER 26-10. ATTEMPTS . 26-1001. Criminal Attempt . A person commits criminal attempt when, with intent to commit a specific crime, he performs any act which constitutes a substantial step toward the commission of that crime.

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26-1002. Impossibility No Defense . It is no defense to a charge of criminal attempt that the crime the accused is charged with attempting was, under the attendant circumstances, factually or legally impossible of commission if such crime could have been committed had the attendant circumstances been as the accused believed them to be. 26-1003. Attempt to Commit a Crime; Defense . When a person's conduct would otherwise constitute an attempt to commit a crime under section 26-1001, it is an affirmative defense that he abandoned his effort to commit such crime or in any other manner prevented its commission, under circumstances manifesting a voluntary and complete renunciation of his criminal purpose. A renunciation of criminal purpose is not voluntary and complete if it results from: (a) A belief that circumstances exist which increase the probability of detection or apprehension of the person, or which render more difficult the accomplishment of the criminal purpose; or (b) A decision to postpone the criminal conduct until another time. 26-1004. Criminal Attempt Conviction Lawful Though Crime Was Committed . A person may be convicted of criminal attempt if the crime attempted was actually committed in pursuance of the attempt but may not be convicted of both the criminal attempt and the completed crime. 26-1005. Charge of Crime Includes Criminal Attempt . A person charged with commission of a crime may be convicted of criminal attempt as to that crime without being specifically charged with the criminal attempt in the accusation, indictment, or presentment. 26-1006. Punishment . A person convicted of criminal attempt to commit a felony shall be punished by imprisonment for not less than one year nor more than one-half the maximum period of time for which he could have been sentenced if he had been convicted of the crime attempted, by one-half the maximum fine to which he could have been

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subjected if he had been convicted of the crime attempted, or both. A person convicted of criminal attempt to commit a misdemeanor shall be punished as for a misdemeanor. A person convicted of criminal attempt to commit a crime punishable by death or by life imprisonment shall be punished by imprisonment for not less than one year nor more than 10 years. CHAPTER 26-11. CRIMINAL HOMICIDE . 26-1101. Murder . (a) A person commits murder when he unlawfully and with malice aforethought, either express or implied, causes the death of another human being. Express malice is that deliberate intention unlawfully to take away the life of a fellow creature, which is manifested by external circumstances capable of proof. Malice shall be implied where no considerable provocation appears, and where all the circumstances of the killing show an abandoned and malignant heart. (b) A person also commits the crime of murder when in the commission of a felony he causes the death of another human being, irrespective of malice. (c) A person convicted of murder shall be punished by death or by imprisonment for life. 26-1102. Voluntary Manslaughter . A person commits voluntary manslaughter when he causes the death of another human being, under circumstances which would otherwise be murder, if he acts solely as the result of a sudden, violent, and irresistible passion resulting from serious provocation sufficient to excite such passion in a reasonable person; however, if there should have been an interval between the provocation and the killing sufficient for the voice of reason and humanity to be heard, of which the jury in all cases shall be the judge, the killing shall be attributed to deliberate revenge and be punished as murder. A person convicted of voluntary manslaughter shall be punished by imprisonment for not less than one nor more than 20 years. 26-1103. Involuntary Manslaughter . (a) A person commits involuntary manslaughter in the commission of an unlawful

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act when he causes the death of another human being without any intention to do so, by the commission of an unlawful act other than a felony. A person convicted under this subsection shall be punished by imprisonment for not less than one year nor more than five years. (b) A person commits involuntary manslaughter in the commission of a lawful act in an unlawful manner when he causes the death of another human being, without any intention to do so, by the commission of a lawful act in an unlawful manner likely to cause death or great bodily harm. A person convicted under this subsection shall be punished as for a misdemeanor. 26-1104. Concealing Death . A person commits concealing death when he, by concealing the death of any other person, hinders a discovery of whether or not such person was unlawfully killed, and upon conviction shall be punished as for a misdemeanor. CHAPTER 26-12. ABORTION . 26-1201. Criminal Abortion . Except as otherwise provided in section 26-1202, a person commits criminal abortion when he administers any medicine, drug or other substance whatever to any woman or when he uses any instrument or other means whatever upon any woman with intent to produce a miscarriage of abortion. 26-1202. Exception . (a) Section 26-1201 shall not apply to an abortion performed by a physician duly licensed to practice medicine and surgery pursuant to Chapter 84-9 or 84-12 of the Code of Georgia of 1933, as amended, based upon his best clinical judgment that an abortion is necessary because: (1) A continuation of the pregnancy would endanger the life of the pregnant woman or would seriously and permanently injure her health; or (2) The fetus would very likely be born with a grave, permanent, and irremediable mental or physical defect; or

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(3) The pregnancy resulted from forcible or statutory rape. (b) No abortion is authorized or shall be performed under this section unless each of the following conditions is met; (1) The pregnant woman requesting the abortion certifies in writing under oath and subject to the penalties of false swearing to the physician who proposes to perform the abortion that she is a bona fide legal resident of the State of Georgia. (2) The physician certifies that he believes the woman is a bona fide resident of this State and that he has no information which should lead him to believe otherwise. (3) Such physician's judgment is reduced to writing and concurred in by at least two other physicians duly licensed to practice medicine and surgery pursuant to Chapter 84-9 of the Code of Georgia of 1933, as amended, who certify in writing that based upon their separate personal medical examinations of the pregnant woman, the abortion is, in their judgment, necessary because of one or more of the reasons enumerated above. (4) Such abortion is performed in hospital licensed by the State Board of Health and accredited by the Joint Commission on Accreditation of Hospitals. (5) The performance of the abortion has been approved in advance by a committee of the medical staff of the hospital in which the operation is to be performed. This committee must be one established and maintained in accordance with the standards promulgated by the Joint Commission on the Accreditation of Hospitals, and its approval must be by a majority vote of a membership of not less than three members of the hospital's staff; the physician proposing to perform the operation may not be counted as a member of the committee for this purpose. (6) If the proposed abortion is considered necessary because the woman has been raped, the woman makes a written

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statement under oath, and subject to the penalties of false swearing, of the date, time and place of the rape and the name of the rapist, if known. There must be attached to this statement a certified copy of any report of the rape made by any law enforcement officer or agency and a statement by the solicitor general of the judicial circuit where the rape occured or allegedly occurred that, according to his best information, there is probable cause to believe that the rape did occur. (7) Such written opinions, statements, certificates, and concurrences are maintained in the permanent files of such hospital and are available at all reasonable times to the solicitor general of the judicial circuit in which the hospital is located. (8) A copy of such written opinions, statements, certificates, and concurrences is filed with the Director of the State Department of Public Health within ten (10) days after such operation is performed. (9) All written opinions, statements, certificates, and concurrences filed and maintained pursuant to paragraphs (7) and (8) of this subsection shall be confidential records and shall not be made available for public inspection at any time. (c) Any solicitor general of the judicial circuit in which an abortion is to be performed under this section, or any person who would be a relative of the child within the second degree of consanguinity, may petition the superior court of the county in which the abortion is to be performed for a declaratory judgment whether the performance of such abortion would violate any constitutional or other legal rights of the fetus. Such solicitor general may also petition such court for the purpose of taking issue with compliance with the requirements of this section. The physician who proposes to perform the abortion and the pregnant woman shall be respondents. The petition shall be heard expeditiously and if the court adjudges that such abortion would violate the constitutional or other legal rights of the fetus,

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the court shall so declare and shall restrain the physician from performing the abortion. (d) If an abortion is performed in compliance with this section, the death of the fetus shall not give rise to any claim for wrongful death. (e) Nothing in this section shall require a hospital to admit any patient under the provisions hereof for the purpose of performing an abortion, nor shall any hospital be required to appoint a committee such as contemplated under subsection (b) (5). A physician, or any other person who is a member of or associated with the staff of a hospital, or any employee of a hospital in which an abortion has been authorized, who shall state in writing an objection to such abortion on moral or religious grounds shall not be required to participate in the medical procedures which will result in the abortion, and the refusal of any such person to participate therein shall not form the basis of any claim for damages on account of such refusal or for any disciplinary or recriminatory action against such person. 26-1203. Punishment . A person convicted of criminal abortion shall be punished by imprisonment for not less than one nor more than 10 years. CHAPTER 26-13. BODILY INJURY AND RELATED OFFENSES. 26-1301. Simple Assault . A person commits simple assault when he either (a) attempts to commit a violent injury to the person of another or (b) commits an act which places another in reasonable apprehension of immediately receiving a violent injury. A person convicted of simple assault shall be punished as for a misdemeanor. 26-1302. Aggravated Assault . A person commits aggravated assault when he assaults (a) with intent to murder, to rape, or to rob, or (b) with a deadly weapon. A person convicted of aggravated assault shall be punished by imprisonment for not less than one nor more than 10 years.

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26-1303. Assault Conviction Lawful Though Intended Crime Was Committed . A person may be convicted of an assault with intent to commit a crime if the crime intended was actually committed as a result of the assault but may not be convicted of both the assault and completed crime. 26-1304. Simple Battery . A person commits simple battery when he either (a) intentionally makes physical contact of an insulting or provoking nature with the person of another or (b) intentionally causes physical harm to another. A person convicted of simple battery shall be punished as for a misdemeanor. 26-1305. Aggravated Battery . A person commits aggravated battery when he maliciously causes bodily harm to another by depriving him of a member of his body, or by rendering a member of his body useless, or by seriously disfiguring his body or a member thereof. A person convicted of aggravated battery shall be punished by imprisonment for not less than one nor more than 20 years. 26-1306. Opprobrious or Abusive Language May Be Justification . A person charged with simple assault or simple battery may introduce in evidence any opprobrious or abusive language used by the person against whom force was threatened or used and the trier of facts may, in its discretion, find that the words used were justification for simple assault or simple battery. 26-1307. Terroristic Threats and Acts . (a) A person commits a terroristic threat when he threatens to commit any crime of violence, or to burn or damage property, with the purpose of terrorizing another, or of causing the evacuation of a building, place of assembly, or facility of public transportation, or otherwise causing serious public inconvenience, or in reckless disregard of the risk of causing such terror or inconvenience. No person shall be convicted under this section on the uncorroborated testimony of the party to whom the threat is communicated. (b) A person commits a terroristic act when he uses a burning or flaming cross, or other burning or flaming symbol

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or flambeau with the intent to terrorize another or another's household. (c) A person convicted of a terroristic threat or act shall be punished by a fine of not more than $1,000 or by imprisonment for not less than one nor more than five years, or by both. 26-1308. False Imprisonment . A person commits false imprisonment when, in violation of the personal liberty of another, he arrests, confines, or detains such person without legal authority. A person convicted of false imprisonment shall be punished by imprisonment for not less than one nor more than 10 years. 26-1309. False Imprisonment Under Color of Legal Process . When the arrest, confinement, or detention of a person by warrant, mandate, or process is manifestly illegal and shows malice and oppression, an officer issuing or knowingly and maliciously executing the same shall, upon conviction, be removed from office and punished by imprisonment for not less than one nor more than 10 years. 26-1310. Malicious Confinement of Sane Person . A person who maliciously causes the confinement of a sane person, knowing such person to be sane, in any asylum, public or private, shall upon conviction be punished by imprisonment for not less than one nor more than 10 years. 26-1311. Kidnapping . (a) A person commits kidnapping when he abducts or steals away any person without lawful authority or warrant and holds such person against his will. (b) A person over the age of 17 commits kidnapping when he forcibly, maliciously, or fraudulently leads, takes, or carries away, or decoys or entices away, any child under the age of 16 years against the will of the child's parents or other person having lawful custody. A person convicted of kidnapping shall be punished by imprisonment for not less than one nor more than 20 years: provided that a person convicted of kidnapping for

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ransom shall be punished by life imprisonment or by death; and provided, furhter, that if the person kidnapped shall have received bodily injury, the person convicted shall be punished by life imprisonment or by death. 26-1312. Interference with Custody . A person commits interference with custody when he knowingly or recklessly takes or entices any committed person away from lawful custody when he is not privileged to do so, or knowingly harbors any committed person who has absconded, and upon conviction shall be punished as for a misdemeanor, or if he takes a committed person beyond the limits of this State, he shall be punished by imprisonment for not less than one nor more than five years. The word person includes a parent of a committed person. Committed person means, in addition to anyone committed or whose custody is awarded under judicial warrant or court order, any orphan, neglected, or delinquent child, mentally defective or insane person, or other dependent or incompetent person entrusted to another's custody by authority of law. CHAPTER 26-14. ARSON AND RELATED OFFENSES. 26-1401. Arson in the First Degree . A person commits arson in the first degree when, by means of fire or explosive, he knowingly damages: (a) any dwelling house of another without his consent whether it is occupied, unoccupied, or vacant, or (b) any building, vehicle, railroad car, watercraft, or other structure of another without his consent if such structure is designed for use as a dwelling, whether it is occupied, unoccupied or vacant, or (c) any building, vehicle, railraod car, watercraft, aircraft or other structure under such circumstances that it is reasonably foreseeable that human life might be endangered. A person convicted of arson in the first degree shall be punished by imprisonment for not less than one nor more than 20 years. 26-1402. Arson in the Second Degree . A person commits arson in the second degree as to any building and structures not included or described in section 26-1401 when, by

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means of fire or explosive, he knowingly damages any building or structure of another without his consent. A person convicted of arson in the second degree shall be punished by imprisonment for not less than one nor more than 10 years. 26-1403. Arson in the Third Degree . A person commits arson in the third degree when, by means of fire or explosive, he knowingly damages any personal property of another without his consent and the value of the property is $25 or more. A person convicted of arson in the third degree shall be punished by imprisonment for not less than one nor more than three years. 26-1404. Criminal Possession of Explosives . A person commits criminal possession of explosives when he possesses, manufactures, or transports any explosive compound and either intends to use such explosive to commit a felony or knows that another intends to use such explosive to commit a felony. A person convicted of criminal possession of explosives shall be punished by imprisonment for not less than one nor more than 10 years. 26-1405. Criminal Possession of an Incendiary . (a) A person commits criminal possession of an incendiary when he possesses, manufactures, sells, offers for sale, gives away, or transports a fire bomb or molotov cocktail. (b) The terms fire bomb and molotov cocktail mean any device, by whatever name called, made of a breakable container containing a flammable liquid or compound with a flash point of one hundred fifty (150) degrees Fahrenheit or less which has a wick or any similar material, which, when ignited, is capable of igniting such flammable liquid or compound when such device is thrown or dropped. These terms do not include a device which is manufactured or produced for the primary purpose of illumination or for marking detours, obstructions, defective paving or other hazards on streets, roads, highways and bridges. (c) Subsection (a) does not apply to a device coming within the definition of subsection (b) when it is in the

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use, possession or control of a member of the armed forces of the United States, or a fireman or a law enforcement officer when acting in his official capacity or otherwise under proper authority. (d) A person convicted of criminal possession of an incendiary shall be punished by imprisonment for not less than one nor more than three years, or by a fine not exceeding $1,000 or by both. CHAPTER 26-15. CRIMINAL DAMAGE TO PROPERTY. 26-1501. Criminal Damage to Property in the First Degree . A person commits criminal damage to property in the first degree when he: (a) knowingly and without authority interferes with any property in a manner so as to endanger human life; or (b) knowingly and without authority and by force or violence, interferes with the operation of any system of public communication, public transportation, sewerage, drainage, water supply, gas power or other public utility service, or to any constitutent property thereof. A person convicted of criminal damage to property in the first degree shall be punished by imprisonment for not less than one nor more than ten years. 26-1502. Criminal Damage to Property in the Second Degree . A person commits criminal damage to property in the second degree when he (a) intentionally damages any property of another person without his consent and the damage thereto exceeds $100; or (b) recklessly, or intentionally, by means of fire or explosive, damages property of another person; or (c) with intent to damage, starts a fire on the land of another without his consent. A person convicted of criminal damage to property in the second degree shall be punished by imprisonment for not less than one nor more than five years. 26-1503. Criminal Trespass . (a) A person commits criminal trespass when he intentionally damages any property of another without his consent and the damage thereto is $100 or less, or knowingly and maliciously interferes with

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the possession or use of the property of another person without his consent. (b) A person commits criminal trespass when he knowingly and without authority: (1) Enters upon the land or premises of another person, or into any part of any vehicle, railroad car, aircraft, or watercraft of another person, for an unlawful purpose; or (2) Enters upon the land or premises of another person, or into any part of any vehicle, railroad car, aircraft, or watercraft of another person, after receiving, prior to such entry, notice from the owner or rightful occupant that such entry is forbidden; or (3) Remains upon the land or premises of another person, or within the vehicle, railroad car, aircraft, or watercraft of another person, after receiving notice from the owner or rightful occupant to depart. (c) A person convicted of criminal trespass shall be punished as for a misdemeanor. 26-1504. Damaging, Destroying, or Secreting Property to Defraud Another . A person commits the offense of damaging, destroying, or secreting property to defraud another person when he knowingly and with intent to defraud another person damages, destroys, or secretes any property of whatever class or character, whether the property of himself or of another person. A person convicted of the offense of damaging, destroying, or secreting property to defraud another person shall be punished by impriosnment for not less than one nor more than five years. 26-1505. Vandalism to a Place of Worship . A person commits the offense of vandalism to a place of worship when he maliciously defaces or desecrates a church, synagogue or other place of public religious worship. A person convicted of vandalism to a place of worship shall be punished by imprisonment for not less than one nor more than five years.

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CHAPTER 26-16. BURGLARY AND RELATED OFFENSES. 26-1601. Burglary . A person commits burglary when, without authority and with the intent to commit a felony or theft therein, he enters or remains within the dwelling house of another or any building, vehicle, ralroad car, watercraft, or other such structure designed for use as the dwelling of another, or enters or remains within any other building or any room or any part thereof. A person convicted of burglary shall be punished by imprisonment for not less than one nor more than 20 years. 26-1602. Possession of Tools for the Commission of Crime . A person commits possession of tools for the commission of crime when he has in his possession any tool, explosive or other device commonly used in the commission of burglary, theft or other crime with the intent to make use thereof in the commission of a crime. A person convicted of possession of tools for the commission of crime shall be punished by imprisonment for not less than one nor more than five years. CHAPTER 26-17. DECEPTIVE PRACTICES. 26-1701. Forgery in the First Degree . (a) A person commits forgery in the first degree when, with intent to defraud, he knowingly makes, alter or possesses any writing in a fictitious name or in such manner that the writing as made or altered purports to have been made by another person, or at another time, or with different provisions, or by authority of one who did not give such authority and utters or delivers such writing. (b) A person convicted of forgery in the first degree shall be punished by imprisonment for not less than one nor more than ten years. 26-1702. Forgery in the Second Degree . (a) A person commits forgery in the second degree when he knowingly makes, alters or possesses any writing in a fictitious name or in such manner that the writing as made or altered purports

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to have been made by another person, or at another time, or with different provisions, or by authority of one who did not give such authority with the intent to defraud. (b) A person convicted of forgery in the second degree shall be punished by imprisonment for not less than one nor more than five years. 26-1703. Definition . For purposes of sections 26-1701 and 26-1702, the word writing includes, but is not limited to, printing or any other method of recording information, money, coins, tokens, stamps, seals, credit cards, badges, trademarks, and other symbols of value, right, privilege or identification. 26-1704. Bad Checks . A person who makes, draws, utters, or delivers a check, draft, or order for the payment of money on any bank or other depository in exchange for a present consideration or wages, knowing that it will not be honored by the drawee, commits a misdemeanor. For the purposes of this section, it is prima facie evidence that the accused knew that the instrument would not be honored, if: (a) The accused had no account with the drawee at the time the instrument was made, drawn, uttered, or delivered; or (b) Payment was refused by the drawee for lack of funds, upon presentation within 30 days after delivery and the accused failed to make good within 10 days after receiving notice of that refusal. 26-1705. Improper Use of a Credit Card . (a) A person commits improper use of a credit card when for the purpose of obtaining credit he knowingly uses: (1) a credit card which has not been issued to him and which is not used with the consent of the person to whom issued; or (2) a credit card which has been revoked or cancelled by the issuer of such card and written notice thereof has been received by the person to whom the card was issued. A person convicted of improper use of a credit card shall be punished as for a misdemeanor.

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(b) As used in this section credit card means an identification card, credit number, credit device, or other credit document issued to a person by a business organization which permits such person to purchase or obtain goods, property or service on credit. (c) The use of a revoked credit card for the purpose of obtaining credit shall be prima facie evidence of knowledge that the credit card had been revoked if the purchaser shall not have paid to the issuer of the credit card the total amount of the credit purchase within 30 days after receiving written notice that such credit card had been revoked at the time the purchase was made, which notice shall also state the amount due on such purchase. 26-1706. Deceptive Business Practice . A person commits a deceptive business practice when in the regular course of business he knowingly: (a) uses or possesses for use a false weight or measure, or any other device for falsely determining or recording any quality or quantity; or (b) sells, offers, or exposes for sale or delivers less than the represented quality or quantity of any commodity; or (c) takes or attempts to take more than the represented quantity of any commodity when as buyer he furnishes the weight or measure. A person convicted of committing a deceptive business practice shall be punished as for a misdemeanor. 26-1707. Endangering Security Interest . A person commits a misdemeanor when he destroys, removes, conceals, encumbers, transfers or otherwise deals with property subject to a security interest with intent to hinder enforcement of that interest. In a prosecution under this section the crime shall be considered as having been committed in any county where any act in furtherance of the criminal scheme was done, or caused to be done. CHAPTER 26-18. THEFT . 26-1801. Definitions . As used in this Chapter: (a) Deprive means, without justification: (1) to withhold property of another permanently or temporarily; or

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(2) to dispose of the property so as to make it unlikely that the owner will recover it. (b) Financial institution means a bank, insurance company, credit union, building and loan association, investment trust, or other organization held out to the public as a place of deposit of funds or medium of savings or collective investment. (c) Property of another includes property in which any person other than the accused has an interest. Property of another does not include property belonging to the spouse of an accused or to them jointly. 26-1802. Theft by Taking. (a) A person commits theft by taking when he unlawfully takes or, being in lawful possession thereof, unlawfully appropriates any property of another with the intention of depriving him of said property, regardless of the manner in which said property is taken or appropriated. (b) A person commits theft by taking when, in any mercantile establishment in which merchandise is displayed for sale in such manner as to be readily accessible to persons shopping therein, he: (1) Removes any such merchandise from the immediate place of display; or (2) Conceals any such merchandise; or (3) Alters any label or marking on such merchandise; or (4) Transfers any such merchandise from a container in which it may be displayed to any other container, with the intent to appropriate such merchandise to his own use, or to deprive the owner of possession thereof, or of the value thereof, in whole or part. The crime of theft by taking under the circumstances of this subsection shall also be known as shoplifting. 26-1803. Theft by Deception. A person commits theft by deception when he obtains property by any deceitful means

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or artful practice with the intention of depriving the owner of said property. A person deceives if he intentionally: (a) Creates or confirms another's impression of an existing fact or past event which is false and which the accused knows or believes to be false; or (b) Fails to correct a false impression of an existing fact or past event which he has previously created or confirmed; or (c) Prevents another from acquiring information pertinent to the disposition of the property involved; or (d) Sells or otherwise transfers or encumbers property, intentionally failing to disclose a substantial and valid known lien, adverse claim, or other legal impediment to the enjoyment of the property, whether such impediment is or not a matter of official record; or (e) Promises performance of services which he does not intend to perform or knows will not be performed. Evidence of failure to perform standing alone shall not be sufficient to authorize a conviction under this subsection. Deceitful means and artful practice do not, however, include falsity as to matters having no pecuniary significance, or puffing by statements unlikely to deceive ordinary persons in the group addressed. 26-1804. Theft by Extortion. (a) A person commits theft by extortion when he unlawfully obtains property of or from another person by threatening to: (1) Inflict bodily injury on anyone or commit any other criminal offense; or (2) Accuse anyone of a criminal offense; or (3) Disseminate any information tending to subject any

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person to hatred, contempt, or ridicule, or to impair his credit or business repute; or (4) Take or withhold action as a public official, or cause an official to take or withhold action; or (5) Bring about or continue a strike, boycott, or other collective unofficial action, if the property is not demanded or received for the benefit of the group in whose interest the actor purports to act; or (6) Testify or provide information or withhold testimony or information with respect to another's legal claim or defense. (b) Venue. In a prosecution under this section the crime shall be considered as having been committed in the county in which the threat was made or received or in the county in which the property was unlawfully obtained. (c) It is an affirmative defense to prosecution based on paragraphs (2), (3), (4), or (6) that the property obtained by threat of accusation, exposure, lawsuit, or other invocation of official action was honestly claimed as restitution or indemnification for harm done in the circumstance to which such accusation, exposure, lawsuit, or other official action relates, or as compensation for property or lawful services. (d) A person convicted of extortion shall be punished by imprisonment for not less than one nor more than 10 years. 26-1805. Theft of Lost or Mislaid Property. A person commits theft of lost or mislaid property when he comes into control of property that he knows, or learns, to have been lost or mislaid and appropriates the property to his own use without first taking reasonable measures to restore the property to the owner. 26-1806. Theft by Receiving Stolen Property. (a) A person commits theft by receiving stolen property when he receives,

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disposes of, or retains stolen property which he knows or should know was stolen unless the property is received disposed of, or retained with intent to restore it to the owner. Receiving means acquiring possession or control or lending on the security of the property. (b) In any prosecution under this section it shall not be necessary to show a conviction of the principal thief. 26-1807. Theft of Services. A person commits theft of services when by deception and with the intent to avoid payment he knowingly obtains services, accommodations, entertainment, or the use of personal property which are available only for compensation. 26-1808. Theft by Conversion. (a) A person commits theft by conversion when, having lawfully obtained funds or other property of another under an agreement or other known legal obligation to make a specified application of such funds or a specified disposition of such property, he knowingly converts the funds or property to his own use in violation of such agreement or legal obligation. This section applies whether the application or disposition is to be made from the funds or property of another, or from the accused's own funds or property in equivalent amount when the agreement contemplates that the accused may deal with the funds or property of another as his own. (b) When, under subsection (a), an officer or employee of a government or of a financial institution fails to pay on account, upon lawful demand, from the funds or property of another held by him, he is presumed to have intended to convert such funds or property to his own use. 26-1809. Theft of a Trade Secret. (a) As used in this section: (1) 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.

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(2) The word representing means describing, depicting, containing, constituting, reflecting or recording. (3) 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. (4) 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. (b) Any person who: (1) Steals or embezzles an article representing a trade secret, or (2) 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 theft of a trade secret and upon conviction shall be punished by imprisonment for not less than one nor more than five years; provided that if the value of the article stolen, embezzled or copied, including the value of the trade secret represented thereby is not more than $100 he shall be punished as for a misdemeanor. (c) In a prosecution for any violation of the provisions of this Section it shall be no defense that the person so charged returned or intended to return the article so stolen, embezzled or copied. 26-1810. Claim of Right. It is an affirmative defense to prosecution for violation of sections 26-1802, 26-1803, 26-1805, 26-1806, 26-1807 and 26-1808 that the actor:

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(a) Was unaware that the property or service was that of another; or (b) Acted under an honest claim of right to the property or service involved or under a right to acquire or dispose of it as he did; or (c) Took property or service exposed for sale, intending to purchase and pay for it promptly, or reasonably believing that the owner, if present, would have consented. 26-1811. Venue. In a prosecution under sections 26-1802, 26-1803, 26-1805, 26-1806, 26-1807, 26-1808 and 26-1809 of this chapter the crime shall be considered as having been committed in any county in which the accused exercised control over the property which was the subject of the theft. 26-1812. Punishment. A person convicted of violation of sections 26-1802, 26-1803, 26-1805, 26-1806, 26-1807 and 26-1808 shall be punished as for a misdemeanor except: (a) If the property which was the subject of the theft exceeded $100.00 in value, or was an automobile or other motor vehicle, by imprisonment for not less than one and not more than 10 years, or, in the discretion of the trial judge, as for a misdemeanor; (b) If the property was taken by a fiduciary in breach of a fiduciary obligation, or by an officer or employee of a government or a financial institution in breach of his duties as such officer or employee, by imprisonment for not less than one nor more than 15 years. 26-1813. Motor Vehicle Theft and Related Offenses. (a) First Offense. (1) Motor Vehicles. The theft of any motor vehicle as defined by an Act regulating traffic upon the highways, approved January 11, 1954 (Ga. Laws 1953, Nov.-Dec. Sess., 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

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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 theft of any motor vehicle part or component shall be a felony unless the part or component has a value of less than one hundred ($100.00) dollars in which case the offense shall constitute a misdemeanor. Any person convicted of theft 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 ($100.00) dollars or more and any person convicted of theft of a motor vehicle part or component with a value of less than one hundred ($100.00) dollars shall be punished as for a misdemeanor. For the purposes of this subsection where a single act of theft 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 ($100.00) 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. (b) Subsequent Offenses. Notwithstanding any other provisions of this Chapter, whenever any person shall have been previously convicted of the theft 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. Laws 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 of any of such offenses, be punished by imprisonment in

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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. (i) Jury Trials. The jury shall first make a determination as to the guilt 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 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 previously 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.

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(ii) 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 not 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 ignore 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. CHAPTER 26-19. ROBBERY. 26-1901. Robbery. A person commits robbery when, with intent to commit theft, he takes property of another from the person or the immediate presence of another (a) by use of force; or (b) by intimidation, by the use of threat or coercion, or by placing such person in fear of immediate serious bodily injury to himself or to another; or (c) by sudden snatching. A person convicted of robbery shall be punished by imprisonment for not less than one nor more than 20 years. 26-1902. Armed Robbery. A person commits armed robbery when, with intent to commit theft, he takes property of another from the person or the immediate presence of another by the use of an offensive weapon.

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CHAPTER 26-20. SEXUAL OFFENSES. 26-2001. Rape. A person commits rape when he has carnal knowledge of a female, forcibly and against her will. Carnal knowledge in rape occurs when there is any penetration of the female sex organ by the male sex organ. A person convicted of rape shall be punished by death or by imprisonment for life, or by imprisonment for not less than one nor more than 20 years. No conviction shall be had for rape on the unsupported testimony of the female. 26-2002. Sodomy; Aggravated Sodomy. A person commits sodomy when he performs or submits to any sexual act involving the sex organs of one person and the mouth or anus of another. A person commits aggravated sodomy when he commits sodomy with force and against the will of the other person. A person convicted of sodomy shall be punished by imprisonment for not less than one nor more than 20 years. A person convicted of aggravated sodomy shall be punished by imprisonment for life or by imprisonment for not less than one nor more than 20 years. 26-2003. Solicitation of Sodomy. A person commits solicitation of sodomy when he solicits another to perform or submit to an act of sodomy and upon conviction shall be punished as for a misdemeanor. 26-2004. Bestiality. A person commits bestiality when he performs or submits to any sexual act with an animal involving the sex organs of the one and the mouth, anus, or vagina of the other. A person convicted of bestiality shall be punished by imprisonment for not less than one nor more than five years. 26-2005. Seduction. A person commits seduction when he, by persuasion and by false promise of marriage or other false and fraudulent means, induces a virtuous unmarried female to engage in sexual intercourse with him. A person convicted of seduction shall be punished by imprisonment for not less than one nor more than five years. 26-2006. Incest. A person commits incest when he engages in sexual intercourse with a person to whom he

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knows he is related, either by blood or by marriage as follows: (a) father and daughter or stepdaughter; (b) mother and son or stepson; (c) brother and sister of the whole blood or of the half blood; (d) grandparent and grandchild; (e) aunt and nephew; or (f) uncle and niece. A person convicted of incest shall be punished by imprisonment for not less than one nor more than 20 years. 26-2007. Bigamy . A person commits bigamy when he, being married and knowing that his lawful spouse is living, marries another person or carries on a bigamous cohabitation with another person. A person convicted of bigamy shall be punished by imprisonment for not less than one nor more than 10 years. It shall be an affirmative defense that the prior spouse has been continually absent for a period of seven years during which time the accused did not know the prior spouse to be alive, or that the accused reasonably believed he was eligible to remarry. 26-2008. Marrying a Bigamist . An unmarried man or woman commits the offense of marrying a bigamist when he marries a person whom he knows to be the wife or husband of another. A person convicted of marrying a bigamist shall be punished by imprisonment for not less than one nor more than 10 years. It shall be an affirmative defense that the prior spouse of the bigamist has been continually absent for a period of seven years during which time the accused did not know the prior spouse of the bigamist to be alive, or that the accused reasonably believed the bigamist was eligible to remarry. 26-2009. Adultery . A married person commits adultery when he voluntarily has sexual intercourse with a person other than his spouse and upon conviction shall be punished as for a misdemeanor. 26-2010. Fornication. An unmarried person commits fornication when he voluntarily has sexual intercourse with

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another person and upon conviction shall be punished as for a misdemeanor. 26-2011. Public Indecency. A person commits public indecency when he performs any of the following acts in a public place and upon conviction shall be punished as for a misdemeanor: (a) An act of sexual intercourse; (b) A lewd exposure of the sexual organs; (c) A lewd appearance in a state of partial or complete nudity; (d) A lewd caress or indecent fondling of the body of another person. 26-2012. Prostitution . A person commits prostitution when he performs or offers or consents to perform an act of sexual intercourse for money. 26-2013. Pimping . A person commits pimping when he performs any of the following acts: (a) Offers or agrees to procure a prostitute for another; (b) Offers or agrees to arrange a meeting of persons for the purpose of prostitution; (c) Directs another to a place knowing such direction is for the purpose of prostitution; or (d) Receives money or other thing of value from a prostitute, without lawful consideration, knowing it was earned in whole or in part from prostitution. 26-2014. Keeping a Place of Prostitution . A person, having or exercising control over the use of any place or conveyance which would offer seclusion or shelter for the practice of prostitution, commits the offense of keeping a place of prostitution when he knowingly grants or permits the use of such place for the purpose of prostitution.

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26-2015. Punishment . A person convicted of any of the offenses enumerated in sections 26-2012, 26-2013, and 26-2014, shall be punished as for a misdemeanor. 26-2016. Pandering . A person commits pandering when he solicits a female to perform an act of prostitution, and upon conviction shall be punished as for a misdemeanor. 26-2017. Pandering by Compulsion . A person commits pandering by compulsion when he by duress or coercion causes a female to perform an act of prostitution and upon conviction shall be punished by imprisonment for not less than one nor more than 10 years. 26-2018. Statutory Rape . A person commits statutory rape when he engages in sexual intercourse with any female under the age of 14 years, not his spouse: Provided, that no conviction shall be had for this offense on the unsupported testimony of the female. A person convicted of statutory rape shall be punished by imprisonment for not less than one nor more than 20 years. 26-2019. Child Molestation . A person commits child molestation when he does any immoral or indecent act to or in the presence of or with any child under the age of 14 years with the intent to arouse or satisfy the sexual desires of either the child or the person. A person convicted of child molestation shall be punished by imprisonment for not less than one nor more than 20 years. 26-2020. Enticing a Child for Indecent Purposes . A person commits enticing a child for indecent purposes when he solicits, entices, or takes any child under the age of 14 to any place whatsoever for the purpose of child molestation or indecent acts and upon conviction shall be punished by imprisonment for not less than one nor more than 20 years. CHAPTER 26-21. DISTRIBUTING OBSCENE MATERIALS. 26-2101. Distributing Obscene Materials . (a) A person commits the offense of distributing obscene materials when he sells, lends, rents, leases, gives, advertises, publishes,

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exhibits or otherwise disseminates to any person any obscene material of any description, knowing the obscene nature thereof, or who offers to do so, or who possesses such material with the intent so to do. (b) Material is obscene if considered as a whole, applying community standards, its predominate appeal is to prurient interest, that is, a shameful or morbid interest in nudity, sex or excretion, and utterly without redeeming social value and if, in addition, it goes substantially beyond customary limits of candor in describing or representing such matters. Undeveloped photographs, molds, printing plates and the like shall be deemed obscene notwithstanding that processing or other acts may be required to make the obscenity patent or to disseminate it. (c) Material, not otherwise obscene, may be deemed obscene under this section if the distribution thereof, or the offer to do so, or the poossession with the intent to do so is a commercial exploitation of erotica solely for the sake of their prurient appeal. (d) A person convicted of distributing obscene material shall for the first offense be punished as for a misdemeanor, and for any subsequent offense shall be punished by imprisonment for not less than one nor more than five years, or by a fine not to exceed $5,000, or both. CHAPTER 26-22. TREASON AND RELATED OFFENSES. 26-2201. Treason . A person owing allegiance to the State commits treason when he knowingly levies war against the State, adheres to her enemies, or gives them aid and comfort. No person shall be convicted of treason except on the testimony of two wiitnesses to the same overt act, or on confession in open court. When the overt act of treason is committed outside this State, the person charged therewith may be tried in any county in this State. A person convicted of treason shall be punished by death, or by imprisonment for life or for not less than 15 years.

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26-2202. Insurrection . A person commits insurrection when he combines with others to resist the sovereign authority of the State with intent to the denial thereof, when the same is manifested by acts of violence. A person convicted of insurrection shall be punished by imprisonment for not less than one nor more than 10 years. Insurrection shall be bailable only in the discretion of a judge of the superior court. 26-2203. Inciting to Insurrection . A person commits inciting to insurrection when he incites others to join in any combined resistance to the sovereign authority of the State, or any political subdivision thereof. A person convicted of this offense shall be punished by imprisonment for not less than one nor more than ten years. Inciting to insurrection shall be bailable only in the discretion of a judge of the superior court. 26-2204. Advocating Overthrow of Government . (a) Definitions. As used in this section: Organization means any corporation, company, partnership, association, trust, foundation, fund, club, society, committee, political party, or any group of persons, whether or not incorporated, permanently or temporarily associated together for joint action or advancement of views on any subject. Subversive organization means any organization which engages in or advocates, abets, advises, or teaches, or a purpose of which is to engage in or advocate, abet, advise, or teach activities intended to overthrow, destroy, or to assist in the overthrow or destruction of the government of the State, or of any political subdivision thereof by force or violence. (b) Specific subversive activities forbidden. A person is guilty of advocating the overthrow of the government if he knowingly and wilfully commits any of the following acts: (1) Advocates, abets, advises, or teaches the duty, necessity, desirability, or propriety of overthrowing or destroying the government of the State or any political subdivision thereof by force or violence; or

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(2) Prints, publishes, edits, issues, circulates, sells, distributes, exhibits, or displays any written or printed matter advocating, advising, or teaching the duty, necessity, desirability, or propriety of overthrowing or destroying the government of the State or of any political subdivision thereof by force or violence; or (3) Assists in the formation, participates in the management, or contributes to the support of any subversive organization, knowing the purpose thereof; or (4) Becomes a member or continues to be a member of a subversive organization, knowing the purpose thereof; or (5) Destroys any books, records, or files, or secrets any funds in this State of a subversive organization, knowing said organization to be such; or (6) Conspires with one or more persons to commit any of the acts prohibited by this section. (c) Punishment. A person convicted of violating any provision of this section shall be punished by a fine of not more than $20,000, or by imprisonment for not less than one nor more than 20 years, or both. CHAPTER 26-23. ABUSE OF GOVERNMENTAL OFFICE. 26-2301. Bribery . A person commits bribery when: (1) He gives or offers to give to any person acting for or on behalf of the State or any political subdivision thereof or of any agency of either, any benefit, reward, or consideration to which he is not entitled with the purpose of influencing him in the performance of any act related to the functions of his office or employment; or (2) Acting for on behalf of the State or any political subdivision thereof or of any agency of either, he solicits or receives any such benefit, reward, or consideration.

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A person convicted of bribery shall be punished by a fine of not more than $5,000, or by imprisonment for not less than one nor more than 20 years, or both. 26-2302. Violation of Oath by Public Officer . Any public officer who wilfully and intentionally violates the terms of his oath as prescribed by law shall upon conviction be punished by imprisonment for not less than one nor more than five years. 26-2303. Receiving Funds for Enforcement of Penal Laws or Regulations . (a) State Officer or Employee . Any officer or employee of the State or any agency thereof who receives from any private person, firm, or corporation funds or other things of value to be used in the enforcement of the penal laws or regulations of the State is guilty of a misdemeanor. (b) Local Government Officer or Employee . Any officer or employee of a political subdivision who receives from any private person, firm or corporation funds or other things of value to be used in the enforcement of the penal laws or regulations of the political subdivision of which he is an officer or employee is guilty of a misdemeanor. 26-2304. Improperly Influencing Legislative Action . (a) State Officer or Employee . Any officer or employee of the State or any agency thereof who asks for or receives anything of value to which he is not entitled in return for an agreement to procure or attempt to procure the passage or defeat the passage of any legislation by the General Assembly, or procure or attempt to procure the approval or disapproval of the same by the Governor, shall, upon conviction, be punished by imprisonment for not less than one nor more than five years. (b) Local Government Officer or Employee . Any officer or employee of a political subdivision who asks for or receives anything of value to which he is not entitled in return for an agreement to procure or attempt to procure the passage or defeat the passage of any legislation by the legislative body of the political subdivision of which he is

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an officer or employee shall, upon conviction, be punished by imprisonment for not less than one nor more than five years. 26-2305. Officer or Employee Improperly Influencing Another Officer or Employee . (a) State Officer or Employee . Any officer or employee of the State or any agency thereof who asks for or receives anything of value to which he is not entitled in return for an agreement to influence or attempt to influence official action by any other officer or employee of the State or any agency thereof shall, upon conviction, be punished by imprisonment for not less than one nor more than five years. (b) Local Government Officer or Employee . Any officer or employee of a political subdivision who asks for or receives anything of value to which he is not entitled in return for an agreement to influence or attempt to influence official action by any other officer or employee of that political subdivision shall, upon conviction, be punished by imprisonment for not less than one nor more than five years. 26-2306. Officer or Employee Selling to Government or Political Subdivision . (a) State Officer or Employee Selling to Government . Any officer or employee of the State or any agency thereof, who for himself or in behalf of any business entity sells any personal property to the State or any agency thereof, shall, upon conviction, be punished by imprisonment for not less than one nor more than five years. (b) Local Government Officer or Employee Selling to Political Subdivision . Any officer or employee of a political subdivision or agency thereof, who for himself or in behalf of any business entity sells any personal property to the political subdivision of which he is an officer or employee or to any agency thereof, shall, upon conviction, be punished by imprisonment for not less than one nor more than five years. 26-2307. Conspiracy to Defraud State or Political Subdivision . (a) Conspiracy to Defraud the State . A person

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commits conspiracy to defraud the State when he conspires or agrees with another to commit theft of any property which belongs to the State or to any agency thereof or which is under the control or possession of a State officer or employee in his official capacity. The crime shall be complete when the conspiracy or agreement is effected and an overt act in furtherance thereof has been committed, regardless of whether the theft is consummated. A person convicted of conspiracy to defraud the State shall be punished by imprisonment for not less than one nor more than five years. (b) Conspiracy to Defraud a Political Subdivision . A person commits conspiracy to defraud a political subdivision when he conspires or agrees with another to commit theft of any property which belongs to a political subdivision or to any agency thereof or which is under the control or possession of an officer or employee of a political subdivision in his official capacity. The crime shall be complete when the conspiracy or agreement is effected and an overt act in furtherance thereof has been committed, regardless of whether the theft is consummated. A person convicted of conspiracy to defraud a political subdivision shall be punished by imprisonment for not less than one nor more than five years. 26-2308. Conspiracy in Restraint of Free and Open Competition . (a) Transactions With the State . A person who enters into a contract, combination, or conspiracy in restraint of trade or in restraint of free and open competition in any transaction with the State or any agency thereof, whether said transaction be for goods, materials, or services, shall, upon conviction, be punished by imprisonment for not less than one nor more than five years. The crime of conspiracy in restraint of free and open competition in transactions with the State shall be complete when the contract, combination, or conspiracy is effected, and an overt act in furtherance thereof has been committed. (b) Transactions With Political Subdivisions . A person who enters into a contract, combination, or conspiracy in restraint of trade or in restraint of free and open competition

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in any transaction with a political subdivision, or any agency thereof, whether said transaction be for goods, materials, or services, shall, upon conviction, be punished by imprisonment for not less than one nor more than five years. The crime of conspiracy in restraint of free and open competition in transactions with political subdivisions shall be complete when the contract, combination, or conspiracy is effected, and an overt act in furtherance thereof has been committed. 26-2309. Enforcement of the Separation of Powers Provision of the Constitution . It shall be unlawful for (a) members of the General Assembly to accept or hold office or employment in the executive branch of the State Government, or any agency thereof, or in the judicial branch of the State Government; (b) judges of courts of record or their clerks and assistants to accept or hold office or employment in the executive branch of the State Government, or any agency thereof, or in the legislative branch of the State Government; (c) officers or employees of the executive branch of the State Government, to accept or hold office or employment in the legislative or judicial branches of the State Government. A person who knowingly disburses or receives any compensation or money in violation of this section is guilty of a misdemeanor: Provided, however, that nothing in this section shall be construed to apply to any officer or employee of the executive branch who has taken a leave of absence without pay from his post for temporary service as an employee of the legislative branch while it is in session and during the authorized stay-over period. 26-2310. False Acknowledgment of Appearance or Oath . Any officer authorized to administer oaths, or to take and certify acknowledgments, who knowingly makes a false acknowledgment, certificate, or statement concerning the appearance before him or the taking of an oath or affirmation by any person is guilty of a misdemeanor. 26-2311. False Official Certificates or Writings . An officer or employee of the State or any political subdivision thereof, or other person authorized by law to make or give

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a certificate or other writing, who knowingly makes and delivers such a certificate or writing, containing any statement which he knows to be false, shall, upon conviction, be punished by imprisonment for not less than one nor more than five years. 26-2312. Acceptance by Witness . A person who is or may be a witness at a trial, hearing, or other proceeding, before any court or any officer authorized by the law to hear evidence or take testimony, and who receives, or agrees or offers to receive any benefit, reward or consideration to which he is not entitled, pursuant to an agreement or understanding that his testimony will be influenced thereby, or that he will absent himself from the trial, hearing, or other proceeding, shall, upon conviction, be punished by imprisonment for not less than one nor more than five years. CHAPTER 26-24. PERJURY AND OTHER FALSIFICATIONS 26-2401. Perjury . A person to whom a lawful oath or affirmation has been administered commits perjury, when, in a judicial proceeding, he knowingly and wilfully makes a false statement material to the issue or point in question. A person convicted of perjury shall be punished by a fine of not more than $1,000 or by imprisonment for not less than one nor more than 10 years, or by both. A person convicted of perjury that was a cause of another's being convicted of an offense punishable by death or life imprisonment shall be punished by death or life imprisonment. 26-2402. False Swearing . A person to whom a lawful oath or affirmation has been administered or who executes a document knowing that it purports to be an acknowledgment of a lawful oath or affirmation commits false swearing when, in any matter or thing other than a judicial proceeding, he knowingly and wilfully makes a false statement. A person convicted of false swearing shall be punished by a fine of not more than $1,000 or by imprisonment for not less than one nor more than five years, or both.

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26-2403. Subornation of Perjury or False Swearing . A person commits subornation of perjury or false swearing when he procures or induces another to commit perjury or false swearing, and upon conviction shall be punished by a fine of not more than $1,000, or by imprisonment for not less than one nor more than 10 years, or both. 26-2404. Impersonating in a Legal Proceeding . Any person except an attorney of record who shall acknowledge, or cause to be acknowledged, in any of the courts of the State or before any authorized officer, any recognizance, bail, or judgment in the name of any person not privy or consenting thereto, is guilty of impersonating in a legal proceeding. A person convicted under this section shall upon conviction be punished by a fine of not more than $1,000, or by imprisonment for not less than one nor more than five years, or both. 26-2405. Impersonating an Officer . A person who falsely holds himself out as a public officer or employee with intent to mislead another into believing that he is actually such officer is guilty of impersonating an officer and upon conviction shall be punished by a fine of not more than $1,000, or by imprisonment for not less than one nor more than five years, or both. 26-2406. Barratry . A person commits barratry when he knowingly and wilfully commits any of the following acts: (a) Excites and stirs up groundless suits in the courts or quarrels in administrative proceedings; or (b) Institutes, or causes to be instituted, a legal proceeding without obtaining proper authorization; or (c) Solicits or encourages the institution of a judicial or administrative proceeding or offers assistance therein before being consulted by a complainant in relation thereto. A person convicted of barratry shall be punished by a fine of not more than $5,000, or by imprisonment for not less than one nor more than five years, or both.

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26-2407. Embracery . A person commits embracery when he: (a) with intent to influence a person summoned or serving as a juror, communicates with him otherwise than is authorized by law, in an attempt to influence his action as a juror; or (b) summoned as a juror, accepts anything of value offered to him with the understanding that it is given with the intent of influencing his action as a juror. A person convicted of embracery shall be punished by a fine of not more than $1,000, or by imprisonment for not less than one nor more than five years, or both. CHAPTER 26-25. OBSTRUCTION OF LAW ENFORCEMENT . 26-2501. Escape . A person commits escape when he: (a) having been convicted of a felony or misdemeanor, or of the violation of a municipal ordinance, intentionally escapes from lawful custody or from any place of lawful confinement; or (b) being in lawful custody or lawful confinement prior to conviction, intentionally escapes from such custody or confinement. A person who, having been convicted of a felony or misdemeanor, is convicted of escape shall be punished by imprisonment for not less than one nor more than five years. Any other person convicted of escape shall be punished as for a misdemeanor except that a person who commits escape while armed with a dangerous weapon shall, upon conviction, be punished by imprisonment for not less than one nor more than 10 years. 26-2502. Aiding Escape . (a) A person who knowingly aids another in escaping from lawful custody or from any place of lawful confinement shall, upon conviction, be punished by imprisonment for not less than one nor more than five years. (b) A peace officer or employee of any place of lawful confinement who recklessly permits any person in his custody to escape shall be punished as for a misdemeanor. 26-2503. Hindering Apprehension or Punishment of a Criminal . A person is guilty of hindering apprehension or punishment of a criminal when, with intention to hinder

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the apprehension or punishment of a person whom he knows or has reasonable grounds to believe to be guilty of a felony or to be an escaped convict or prisoner, he (a) harbors or conceals such person; or (b) conceals or destroys evidence of the crime. A person convicted of hindering apprehension or punishment of a criminal shall be punished by imprisonment for not less than one nor more than five years. 26-2504. Compounding a Crime . A person is guilty of compounding a crime when, after institution of criminal proceedings and without leave of the court, or of the solicitor of the court where the criminal proceedings are pending, he accepts or agrees to accept any benefit in consideration of a promise, express or implied, not to prosecute or aid in the prosecution of a criminal offense. A person convicted of compounding a crime which is a felony shall be punished by a fine of not more than $1,000, or by imprisonment for not less than one nor more than five years, or both. A person convicted of compounding a crime which is a misdemeanor shall be punished as for a misdemeanor. 26-2505. Obstruction of Officers . A person who knowingly and wilfully obstructs or hinders any law enforcement officer in the lawful discharge of his official duties is guilty of a misdemeanor. 26-2506. Giving False Name . A person who gives a false name or address to a lawful enforcement officer in the lawful discharge of his official duties with the intent of misleading the officer as to his identity is guilty of a misdemeanor. 26-2507. Mutiny in Penal Institutions . A person in the lawful custody of any penal institution who assails, opposes, or resists an officer of the law or of such penal institution, or a member of the guard, with intent to cause serious bodily injury commits mutiny and, upon conviction, shall be punished by imprisonment for not less than one nor more than five years. 26-2508. Instigating Mutiny . A person who persuades, entices, instigates, counsels, aids, or abets a person in the

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lawful custody of any penal institution to commit mutiny, shall, upon conviction, be punished by imprisonment for not less than one nor more than five years. CHAPTER 26-26. DISORDERLY CONDUCT AND RELATED OFFENSES . 26-2601. Riot . Any two or more persons who shall do an unlawful act of violence or any other act in a violent and tumultuous manner, shall be guilty of a riot and upon conviction, shall be punished as for a misdemeanor. 26-2602. Inciting to Riot . A person who with intent to riot, does enact or engages in conduct which urges, counsels, or advises others to riot, at a time and place and under circumstances which produce a clear and present danger of a riot, shall be guilty of inciting to riot and upon conviction shall be punished as for a misdemeanor. 26-2603. Affray . An affray is the fighting by two or more persons in some public place to the disturbance of the public tranquility. A person convicted of affray shall be punished as for a misdemeanor. 26-2604. Unlawful Assembly . A person who knowingly participates in either of the following acts or occurrences is guilty of a misdemeanor. (a) The assembly of two or more persons for the purpose of committing an unlawful act and the failure to withdraw from the assembly on being lawfully commanded to do so by a peace officer and before any member of the assembly has inflicted injury to the person or property of another; or (b) The assembly of two or more persons, without authority of law, for the purpose of doing violence to the person or property of one supposed by the accused to have been guilty of a violation of the law, or for the purpose of exercising correctional or regulative powers over any person by violence: Provided, however, that it shall be an affirmative defense to a prosecution under this subsection

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that the accused withdrew from the assembly on being lawfully commanded to do so by a peace officer or before any member of the assembly had inflicted injury to the person or property of another. 26-2605. Public Disturbance . A person who recklessly or knowingly commits any act which may reasonably be expected to prevent or disrupt a lawful meeting, gathering, or procession is guilty of a misdemeanor. This section shall not be construed to affect the powers delegated to counties or to municipal corporations to pass laws to punish disorderly conduct within their respective limits. 26-2606. Refusal to Disperse . A person in a gathering who refuses to obey the reasonable official request or order of a peace officer or fireman to move for the purpose of promoting the public safety by dispersing those gathered in dangerous proximity to a fire or other emergency, is guilty of a misdemeanor. 26-2607. Public Drunkenness . A person who shall be and appear in an intoxicated condition in any public place or within the curtilage of any private residence not his own other than by invitation of the owner or lawful occupant, which condition is made manifest by boisterousness, or by indecent condition or act, or by vulgar, profane, loud, or unbecoming language, is guilty of a misdemeanor. This section shall not be construed to affect the powers delegated to counties or to municipal corporations to pass laws to punish drunkenness or disorderly conduct within their respective limits. 26-2608. False Fire Alarm . A person who transmits in any manner to a fire department, public or private, or to any other group which is organized for the purpose of preventing or controlling fires, a false report of a fire, knowing at the time that there is no reasonable ground for believing that such fire exists, is guilty of a misdemeanor. 26-2609. False Public Alarm . A person who transmits in any manner a false alarm to the effect that a bomb or other explosive of any nature is concealed in such place that its

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explosion would endanger human life, knowing at the time that there is no reasonable ground for believing that such a bomb or explosive is concealed in such place, is guilty of transmitting a false public alarm and upon conviction shall be punished by imprisonment for not less than one nor more than five years. 26-2610. Abusive or Obscene Language. A person who commits any of the following acts is guilty of a misdemeanor: (a) Without provocation, uses to or of another, either in his presence or by telephone, opprobrious words or abusive language, tending to cause a breach of the peace; or (b) Without provocation, uses obscene and vulgar or profane language in the presence of a female or of a male under the age of 14 years, or by telephone to a female or to a male under the age of 14 years; or (c) Communicates to any female within this State by writing or printing any obscene or vulgar language or improper proposals; or (d) Engages in indecent or disorderly conduct in the presence of a female in any public place; or (e) Telephones another repeatedly, whether or not conversation ensues, for the purpose of annoying, harassing or molesting another or his family, or uses over the telephone language threatening bodily harm, or telephones and intentionally fails to hang up or disengage the connection, or knowingly permits any telephone under his control to be used for any purpose prohibited by this subsection. 26-2611. Obstructing Highways . A person who, without authority of law, purposely or recklessly obstructs any highway, street, sidewalk, or other public passage in such a way as to render it impassable without unreasonable inconvenience or hazard, and fails or refuses to remove the obstruction after receiving a reasonable official request or order of a peace officer that he do so, is guilty of a misdemeanor.

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26-2612. Litter on Highway or on Land or Water of Another . A person, firm or corporation who wilfully litters any public road or right of way with any trash, tin cans, garbage, rubbish, dead animals, discarded materials, sand, gravel, slag, or brick-bats or similarly litters the lands or waters of others, excluding tidal waters, without first having obtained his permission, is guilty of a misdemeanor. 26-2613. Criminal Interference with Government Property . (a) A person commits interference with government property when he destroys, damages or defaces government property and upon conviction thereof shall be punished by imprisonment for not less than one nor more than five years. (b) A person commits interference with government property when he forcibly interferes with or obstructs the passage into or from government property and upon conviction therefor shall be punished as for a misdemeanor. 26-2614. Disorderly House . A person who keeps and maintains, either by himself or others, a common, ill-governed, and disorderly house, to the encouragement of gaming, drinking, or other misbehavior, or to the common disturbance of the neighborhood or orderly citizens, is guilty of a misdemeanor. CHAPTER 26-27. GAMBLING AND RELATED OFFENSES. 26-2701. Definitions . (a) Bet. A bet is an agreement that, dependent upon chance even though accompanied by some skill, one stands to win or lose something of value. A bet does not include: (1) Contracts of indemnity or guaranty, or life, health, property, or accident insurance; or (2) An offer of a prize, award, or compensation to the actual contestants in any bona fide contest for the determination of skill, speed, strength, or endurance or to the owners of animals, vehicles, watercraft, or aircraft entered in such contest.

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(b) Gambling place. A gambling place is any real estate, building, room, tent, vehicle, boat, or other property whatsoever, one of the principal uses of which is the making or settling of bets, the receiving, holding, recording, or forwarding of bets or offers to bet, or the conducting of a lottery or the playing of gambling devices. (c) Gambling device. A gambling device is any contrivance which for a consideration affords the player an opportunity to obtain money, or other thing of value, the award of which is determined by chance, even though accompanied by some skill, and whether or not the prize is automatically paid by contrivance. (d) Lottery. A lottery is any scheme or procedure whereby one or more prizes are distributed by chance among persons who have paid or promised consideration for a chance to win such prize, whether such scheme or procedure is called a pool, lottery, raffle, gift, gift enterprise, sale, or policy game, or by some other name. 26-2702. Gambling . A person commits gambling when he: (a) makes a bet upon the partial or final result of any game or contest or upon the performance of any participant in such game or contest; or (b) makes a bet upon the result of any political nomination, appointment, or election or upon the degree of success of any nominee, appointee, or candidate. A person convicted of gambling shall be punished as for a misdemeanor. 26-2703. Commercial Gambling . A person commits commercial gambling when he intentionally does any of the following acts: (a) Operates or participates in the earnings of a gambling place; or (b) Receives, records, or forwards a bet or offer to bet; or (c) For gain, becomes a custodian of anything of value bet or offered to be bet; or

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(d) Contracts to have or give himself or another the option to buy or sell, or contracts to buy or sell, at a future time, any gain or other commodity whatsoever, or any stock or security or any company, when it is at the time of making such contract intended by both parties thereto that the contract to buy or sell, or the option, whenever exercised, or the contract resulting therefrom, shall be settled, not by the receipt or delivery of such property, but by the payment only of differences in prices thereof; or (e) Sells chances upon the partial or final result or upon the margin of victory in any game or contest or upon the performance of any participant in any game or contest or upon the result of any political nomination, appointment, or election or upon the degree of success of any nominee, appointee, or candidate; or (f) Sets up or promotes any lottery or sells or offers to sell or knowingly possesses for transfer, or transfers any card, stub, ticket, check, or other device designed to serve as evidence of participation in any lottery. A person convicted of commercial gambling shall be punished by imprisonment for not less than one nor more than five years, or by a fine not to exceed $5,000, or both. 26-2704. Keeping a Gambling Place . A person who knowingly permits any real estate, building, room, tent, vehicle, boat, or other property whatsoever owned by him or under his control to be used as a gambling place, or who rents or lets any such property with a view or expectation that it be so used, commits keeping a gambling place. A person convicted of keeping a gambling place shall be punished by imprisonment for not less than one nor more than five years, or by a fine not to exceed $5,000, or both. 26-2705. Advertising Commercial Gambling . A person who knowingly prints, publishes, or advertises any lottery or other scheme for commercial gambling or who knowingly prints or publishes any lottery ticket, policy ticket, or other similar device designed to serve as evidence of participation in a lottery commits advertising commercial gambling. A

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person convicted of advertising commercial gambling shall be punished by imprisonment for not less than one nor more than five years, or by a fine not to exceed $5,000, or both. 26-2706. Communicating Gambling Information . A person who knowingly communicates information as to bets, betting odds, or changes in betting odds or who knowingly installs or maintains equipment for the transmission or receipt of such information with the intent to further gambling commits communicating gambling information. A person convicted of communicating gambling information shall be punished by imprisonment for not less than one nor more than five years, or by a fine not to exceed $5,000, or both. 26-2707. Possession of Gambling Device or Equipment . A person who knowingly owns, manufactures, transfers commercially, or possesses any device which he knows is designed for gambling purposes or anything which he knows is designed as a subassembly of essential part of such device is guilty of a misdemeanor. 26-2708. Seizure and Destruction of Gambling Devices . Every gambling device is hereby declared to be contraband and subject to seizure and confiscation by any State or local authority within whose jurisdiction the same may be found. At such time as there shall be a Final Judgment entered in any case or cases in which a seized gambling device is necessary evidence or at such time as the State shall determine that the continued physical existence of such seized gambling device is no longer necessary, the same shall be turned over by that person having custody of such device to the Sheriff of the County wherein such device was confiscated. The Sheriff shall within ten days after receiving said device destroy the same in the presence of the Solicitor General of the Circuit in which such county is located and shall forward to the State Revenue Commissioner a certificate so stating which shall include the serial number of the device so destroyed.

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26-2709. Seizure of Gambling Funds or Other Things of Value . Any funds or other things of value used for purposes of gambling and seized in any gambling place or found in or on any gambling device shall vest in the county and shall be paid into the county treasurer as county funds. 26-2710. Seizure of Vehicles Used in Transporting Gambling Devices and Equipment . All vehicles and conveyances of every kind used in transporting any gambling device or any subassembly or essential part thereof or in transporting any card, stub, ticket, check, or other device designed to serve as evidence of participation in any lottery or in transporting any money or other thing of value hazarded on any lottery are hereby declared to be contraband and such use is hereby prohibited. Such vehicle or conveyance shall be seized by any peace officer, who within 10 days after the seizure of such vehicle or conveyance shall report the same to the solicitor general of the superior court having jurisdiction in the county where the seizure was made. Within 10 days after he receives such notice, the solicitor general shall institute condemnation proceedings in said court by petition, a copy of which shall be served upon the owner, lessee, or lienholder of such vehicle or conveyance, if known, and if the owner, lessee, or lienholder is unknown, notice of such proceeding shall be published once a week for two weeks in the newspaper in which sheriff's advertisements are published. If no defense shall be filed within 30 days from the filing of the petition, judgment by default shall be entered by the court at chambers, otherwise the case shall proceed as other civil cases in said court. Should it appear that the owner, lessee or lienholder of such vehicle or conveyance knew, or by the exercise of ordinary care should have known, that the same was used in violation of this section, the same shall be sold by order of the court after such advertisement as the court shall direct. The proceeds arising from such sale shall be applied, first, to the payment of the expenses in said case, including the expense incurred in the seizure and the costs of court in said proceedings and, second, the remaining fund shall go into the county treasury as county funds.

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26-2711. Bribery of Contestant . A person who gives, offers, or promises any reward, money, or other thing of value to anyone who participates or expects to participate in any amateur or professional athletic contest, sporting event, or exhibition or to any coach, trainer, manager, or official in such athletic contest, sporting event, or exhibition with intent to influence such person to lose, try to lose, or cause to be lost or to affect the margin of victory or defeat in such athletic contest, sporting event, or exhibition commits bribery of a contestant and, upon conviction, shall be punished by a fine of not less than $1,000 nor more than $5,000 or by imprisonment for not less than one nor more than five years, or both. 26-2712. Soliciting or Accepting a Bribe . A person participating or expecting to participate, or any coach, trainer, manager, or official in any amateur or professional athletic contest, sporting event, or exhibition who solicits or accepts any reward, money, or other thing of value with the intent, understanding, or agreement that it influence him to lose, try to lose, or cause to be lost or to limit the margin of victory or defeat in such athletic contest, sporting event, or exhibition by failing to exert his best efforts or to exercise his best judgment is guilty of soliciting or accepting a bribe and, upon conviction, shall be punished by a fine of not less than $1,000 nor more than $5,000 or by imprisonment for not less than one nor more than five years, or both. CHAPTER 26-28. MALICIOUS MISCHIEF OFFENSES. 26-2801. Cruelty to Children . A parent, guardian, or other person supervising the welfare of or having immediate charge or custody of a child under the age of 18 commits cruelty to children when he wilfully deprives the child of necessary sustenance or maliciously causes the child cruel or excessive physical or mental pain. A person convicted of cruelty to children shall be punished by imprisonment for not less than one nor more than five years. 26-2802. Cruelty to Animals . A person commits a misdemeanor when his act, omission, or neglect causes unjustifiable physical pain, suffering, or death to any living animal.

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This section does not apply to the killing of animals raised for the purpose of providing food nor does it apply to any person who shall hunt wild animals in compliance with the game and fish laws of this State. The killing or injuring of an animal for humane purposes or in the furtherance of medical or scientific research is justifiable. 26-2803. Misuse of National or State Flag . A person who deliberately multilates, defaces, or defiles the flag of the United States or of the State of Georgia or who uses such flag or flags for commercial advertising purposes is guilty of a misdemeanor. 26-2804. Criminal Defamation . A person commits criminal defamation when, without a privilege to do so and with intent to defame another, living or dead, he communicates false matter which tends to blacken the memory of one who is dead or which exposes one who is alive to hatred, contempt, or ridicule, and which tends to provoke a breach of the peace. A person convicted of criminal defamation shall be punished as for a misdemeanor. CHAPTER 26-29. CRIMES INVOLVING DANGEROUS INSTRUMENTALITIES AND PRACTICES. 26-2901. Carrying a Concealed Weapon . A person commits a misdemeanor when he knowingly has or carries about his person, outside of his own home, unless in an open manner and fully exposed to view, any bludgeon, metal knuckles, firearm, knife designed for the purpose of offense and defense, or any other dangerous or deadly weapon or instrument of like character. 26-2902. Deadly Weapons at Public Gatherings . A person commits a misdemeanor when he carries to or while at a public gathering any explosive compound, firearm, or knife designed for the purpose of offense and defense. 26-2903. Carrying Pistol without License . A person commits a misdemeanor when he has or carries on or about his person outside of his home, automobile or place of business any pistol or revolver, whether concealed or not, for which

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he has not obtained a license from the ordinary of the county in which he resides. 26-2904. License to Carry Pistol or Revolver . The ordinary of each county may on application under oath and payment of a license fee of three dollars issue a license, either in term time or during vacation, to any resident of the county authorizing the applicant, for a period of three years from the granting of such license, to have and carry a pistol or revolver in an open manner and fully exposed to view or in his motor vehicle provided the applicant: (a) is twenty-one years or older; (b) is mentally competent; (c) has not within the 10 years immediately preceding the application been convicted of a felony or within the two years immediately preceding the application been convicted of a forcible misdemeanor; and (d) gives a bond, with a surety approved by the ordinary of said county, payable to the Governor in the sum of $300 conditioned upon the lawful use of the pistol or revolver. The ordinary granting the license shall keep a record of the name of the person taking out the license, the name of the maker of the firearm to be carried, and the caliber and number of the firearm. The ordinary shall not grant a license to any applicant who does not comply with the above requirements and furnish the required information. The ordinary of the county where the license was issued shall, after notice and hearing, revoke the license upon ajudication of mental incompetency, upon the conviction of a felony, a forcible misdemeanor, or a violation of section 26-2901 or section 26-2902. 26-2905. Furnishing Weapons to Minors . A person commits a misdemeanor when he knowingly sells to or furnishes to a person under the age of 21 years a pistol, metal knuckles, or knife designed for the purpose of offense and defense. 26-2906. Machine Guns; Sale, etc., Illegal . A person commits a felony when he sells, manufactures, purchases, possesses, or carries a machine gun and upon conviction shall be punished by imprisonment by not less than one nor more than 5 years. A machine gun is any weapon from which

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more than eight shots or bullets may be discharged by a single function of the firing device. This section shall not apply to or affect the manufacture, for, or the transportation, or sale of machine guns to persons exempted under section 26-2907, provided said machine guns are broken down in a non-functioning state or are not immediately accessible. 26-2907. Exemptions . Section 26-2901, 26-2902, 26-2903, and 26-2906 shall not apply to or affect any of the following persons while engaged in pursuit of official duty or when authorized by Federal or State law, regulation or order: (1) peace officers; (2) wardens, superintendents, and keepers of prisons, penitentiaries, jails, or other institutions for the detention of persons accused or convicted of an offense; (3) persons in the military service of the State or of the United States; (4) persons employed in fulfilling defense contracts with the government of the United States or agencies thereof when possession of the weapon is necessary for manufacture, transport, installation, and testing under the requirements of such contract. A prosecution based upon a violation of sections 26-2901, 26-2902, 26-2903, or 26-2906 need not negative any exemptions. 26-2908. Pointing Gun or Pistol at Another . A person commits a misdemeanor when he intentionally and without legal justification points or aims a gun or pistol at another, whether the gun or pistol is loaded or unloaded. 26-2909. Discharge of Firearms on or Near Public Highway . A person commits a misdemeanor when, without legal justification, he discharges a gun or pistol on or within fifty yards of a public highway or street. 26-2910. Reckless Conduct . A person commits a misdemeanor when he causes bodily harm to or endangers the bodily safety of another person by consciously disregarding a substantial and unjustifiable risk that his act or omission will cause the harm or endanger the safety, and the disregard

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constitutes a gross deviation from the standard of care which a reasonable person would exercise in the situation. 26-2911. Abandonment of Containers With Snap-Locks . A person commits a misdemeanor when he leaves in any place accessible to children any abandoned, unattended, or discarded container which has a compartment of more than one and one-half cubic feet capacity and a door or lid which locks or fastens automatically when closed and which cannot easily be opened from the inside, without first removing the lid, door, or locking device from such container. 26-2912. Refusal to Relinquish Telephone Party Line in Case of Emergency; False Statement as to Emergency in Order to Obtain Line . A person commits a misdemeanor when he fails to relinquish a telephone party line, consisting of subscriber line telephone circuit with two or more main telephone stations connected therewith, each having a distinctive ring or telephone number, after he has been requested to do so to permit another to place a call, in an emergency in which property or human life is in jeopardy and the prompt summoning of aid is essential, to a fire or police department or for medical aid or ambulance service if such party line at the time of the request is not being used for any such other emergency call. Any person who shall request the use of such party line by falsely stating that the same is needed for any of said purposes, knowing said statement to be false, commits a misdemeanor. In every telephone directory distributed to the general public in this State after the effective date of this Act, in which is listed the call numbers of any telephones located within this State, except such as are distributed solely for business advertising purposes, commonly known as classified telephone directories, there shall be printed in type not smaller than the smallest type appearing on the same page, a notice setting forth the substance of the first paragraph of this section, preceded by the word warning printed in bold face type. 26-2913. Wearing Masks . A person commits a misdemeanor when he wears a mask, hood or device by which any

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portion of the face is so hidden, concealed, or covered as to conceal the identity of the wearer, and is upon any public way or public property or upon the private property of another without the written permission of the owner or occupier of the property to do so. This section shall not apply to: (a) A person wearing a traditional holiday costume on the occasion of the holiday; (b) A person lawfully engaged in trade and employment or in a sporting activity where a mask is worn for the purpose of ensuring the physical safety of the wearer, or because of the nature of the occupation, trade, or profession or sporting activity; (c) A person using a mask in a theatrical production including use in Mardi Gras celebrations and masquerade balls; (d) A person wearing a gas mask prescribed in civil defense drills and exercises, or emergencies. CHAPTER 26-30. INVASIONS OF PRIVACY. 26-3001. Unlawful Eavesdropping and Surveillance . It shall be unlawful for: (a) any person in a clandestine manner to intentionally overhear, transmit, or record, or attempt to overhear, transmit or record the private conversation of another which shall originate in any private place; (b) any person, through the use of any instrument or apparatus, without the consent of all persons observed, to observe, photograph, or record the activities of another which occur in any private place and out of public view; (c) any person to go on or about the premises of another or any private place for the purpose of invading the privacy of another by eavesdropping upon their conversations or secretly observing their activities;

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(d) any person to intentionally and secretly intercept by the use of any device, instrument or apparatus the contents of a message sent by telephone, telegraph, letter or by any other means of private communication; (e) any person to divulge to any unauthorized person or authority the content or substance of any private message intercepted lawfully in the manner provided for hereinafter in Code Section 26-3005; or (f) any person to commit any other acts of a nature similar to those set out in Subsection (a) through (e) which invade the privacy of another. 26-3002. Peeping Tom . It shall be unlawful for any person to be a peeping tom on or about the premises of another, or to go about or upon the premises of another for the purpose of becoming a peeping tom. As used in this section the term peeping tom means one who peeps through windows or doors, or other like places, on or about the premises of another, for the purpose of spying upon or invading the privacy of the persons spied upon, and the doing of any other acts of a similar nature, which invade the privacy of such persons. 26-3003. Possession, Sale and Distribution of Eavesdropping Devices . Other than law enforcement officers permitted by this Chapter to employ such devices, it shall be unlawful for any person to possess, sell, offer for sale, or distribute any eavesdropping device. An eavesdropping device shall mean any instrument or apparatus which by virtue of its size, design and method of operation has no normal or customary function or purpose other than to permit the user thereof to secretly intercept, transmit, listen to or record private conversations of others. 26-3004. Law Enforcement OfficersException . (a) Except only as provided in subsection (b) hereof, nothing in this Chapter shall apply to a duly constituted law enforcement officer in the performance of his official duties in ferreting out offenders or suspected offenders of the law, or in secretly watching a person suspected of violating the laws

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of the United States or of this State, or any subdivision thereof, for the purpose of apprehending such suspected violator. (b) When in the course of his official duties, a law enforcement officer desiring to make use of any device, but only as such term is specifically defined by code Section 26-3009, and such use would otherwise constitute a violation of Code section 26-3001, such law enforcement officer shall act only in compliance with the procedure provided for herein in subsections (c) through (k) inclusive. (c) When there is probable cause to believe that a person is committing or has committed an act which endangers the national security of the United States or the security of this State or that such person is committing or has committed the crime of treason, insurrection, rebellion, espionage, sabotage, or any felony involving bodily harm, or any crime under the laws of this State, or the United States involving kidnapping, narcotics, dangerous drugs, prostitution, blackmail, extortion, bribery, gambling or any felony involving alcoholic beverage laws, or there is probable cause to believe that a private place is being utilized or has been utilized for the commission of any such crime, then, upon written application, under oath, of the Solicitor General of the circuit wherein the device is to be physically placed, or the Attorney General, which application affirms that there is probable cause to believe (1) that a person is committing or has committed any of the crimes enumerated in this subsection, or (2) that a private place is being utilized or has been utilized for the commission of any of the crimes enumerated in this subsection and sets forth specifically the basis of such probable and particularly describes the person or place, the crime or crimes, the device or devices to be used, and the specific conversations and activities to be overheard or observed, as the case may be, any judge of the Superior Court of the circuit aforesaid may issue an investigation warrant permitting the use of devices, as defined by Code section 26-3009, for the surveillance of such person or place provided such warrant specifies with particularity the device or devices the use of which is to be thereby permitted, the purpose, duration and circumstances of use permitted, the crime

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allegedly being committed, and the person or persons and place or places to be subject to such surveillance. (d) The judge before issuing such a warrant, shall satisfy himself that the party initiating the application for the warrant is aware of the facts and circumstances through his own personal knowledge which are sufficient to lead a man of reasonable caution to believe that the alleged crime set forth in the application has been committed or is being committed, or that such person has been informed of such facts and circumstances by a reasonably trustworthy informational source. The judge shall also satisfy himself that there is set forth in the application exigencies adequately supported by facts and circumstances which overcome and override the need for giving of notice of the surveillance to the parties to be overheard or observed by the use of such devices. (e) Investigation warrants issued under this section shall be valid for no more than ten (10) days after issuance, unless renewed for an additional ten (10) day period for good cause shown at the time of written application for such renewal. (f) The officer executing the warrant must make a return of the warrant to the judge which shall set forth specifically how such warrant was used and employed and what was obtained thereby. The return shall reflect that the investigation or search in pursuance of the warrant was terminated immediately upon the conversation or activities which were authorized to be overheard, intercepted or observed were obtained. The return shall set forth with particularity the law enforcement officer or officers or their agents who actually employed the devices used in the execution of the warrant. (g) Evidence obtained in conformity with this section shall be admissible only in the courts of this State having felony and misdemeanor jurisdiction and only in a prosecution for the crime or crimes specified in the investigation warrant.

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(h) The application for any investigation warrant under this section, any supporting evidence in connection therewith and any entry of the issuance of an investigation warrant as a result thereof shall remain confidential and in the custody of the judge and shall not be released, nor information touching same in any manner be disclosed, except upon written order of such judge, or except at the time of trial of the case in which such evidence is used or in which evidence derived from such surveillance is used. (i) The applicant for the warrant shall return same and report back to the judge issuing same within thirty (30) days of the issuance of the warrant. In the event no evidence of the specific crime set forth in the warrant has been obtained through the use of such device or devices, it shall be the duty of such applicant to physically destroy all evidence or information obtained by surveillance and to so certify in writing to such judge under oath. (j) In the event evidence of or information concerning the specific crime set forth in the warrant is obtained through the use of such device or devices the applicant shall so certify in writing under oath in his report under subparagraph (i). Upon the return of an indictment or filing of an accusation based in whole or in part on such evidence or information or any part thereof, it shall be the duty of the Solicitor General to promptly notify the accused of the existence and substance of such evidence or information and if the same has been reduced to a permanent form, shall make it available to the accused for inspection and copying. (k) Any publication of the information or evidence obtained under a warrant issued hereunder other than that necessary and essential to the preparation of and actual prosecution for the crime specified in the warrant shall be an unlawful invasion of privacy under this Chapter, and shall cause such evidence and information to be inadmissible in any criminal prosecution. 26-3005. Public Service Commission LicenseException . (a) Nothing contained within Code section 26-3001 shall prohibit the employment and use of any equipment or device

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which is furnished by any telephone company authorized to do business in this State under proper tariffs filed with and approved by the Georgia Public Service Commission, which may be attached to any telephonic equipment of any subscriber to such equipment which permits the interception of telephonic communications solely for the purposes of business service improvement when the subscriber to such facilities and equipment shall have duly applied for and obtained from the Georgia Public Service Commission a license for the employment and installation of such equipment. No license shall be issued until the applicant shall have demonstrated to the Georgia Public Service Commission a clear, apparent and logically reasonable need for the use of such equipment in connection with a legitimate business activity of the subscriber and shall demonstrate to the satisfaction of the Commission that it will be operated by persons of good moral character and that said equipment will be used in a lawful manner and in conformity with the tariffs filed for such equipment. The Georgia Public Service Commission is authorized to establish the necessary procedures to be employed and followed in applying for such permits and to require from the subscriber of such equipment the furnishing of any reasonable information required by the Commission in regard to the intended and actual use of such equipment. (b) The Georgia Public Service Commission is authorized to revoke any license and to order any telephone company supplying such equipment to remove from the premises of the licensee such equipment when it shall be established to the satisfaction of the Commission that such equipment is being used in an unlawful manner, contrary to the tariff applicable to such equipment, or in a manner contrary to the purposes and uses for which the license had been issued. Such licenses may also be revoked by the Commission if it shall subsequently be discovered that a material misrepresentation of fact shall have been made in applying for the license. The Georgia Public Service Commission is authorized to promulgate such rules and regulations in connection with the licensing and revocation thereof of such users of said equipment as will enable it to carry out the purposes, duties and responsibilities imposed upon the Commission by

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this Section. Such rules and regulations shall afford to any aggrieved licensee an opportunity to a full and impartial hearing before the Commission. The Commission shall further have the authority to adopt any and all appropriate rules and regulations of any soft to insure the privacy of telephonic and telegraphic communications. A violation of such rules and regulations shall be a violation of this Chapter. (c) All telephone companies shall have printed in the next and any subsequent directory, in a conspicuously accessible location within their directories, a notice to the public that there is available without cost at the business office of the telephone company served by the directory a list of subscribers of such equipment which will be made available to any member of the general public requesting the same from such companies. (d) The provisions of this Chapter shall not apply to acts by duly authorized employees of any telephone company regulated by the Public Service Commission, with regard to the reasonable and limited intercepting of telephone communications under circumstances reasonably calculated to assure the privacy of telephone communications when such interception is accomplished solely for the purpose of maintaining the quality of service furnished to the public or for the purpose of preventing the unlawful use of telephone service. All such telephone companies shall adopt regulations and procedures consistent with the requirements of this section governing the use of equipment which permits the interception of telephone messages by their employees and file the same with the Georgia Public Service Commission. After being filed with the Commission, such regulations and procedures shall be public records. 26-3006. ConsentException. Nothing in Code section 26-3001 shall prohibit the interception, recording and divulging of a message sent by telephone, telegraph, letter or any other means of communication when the sender and receiver thereof shall expressly or impliedly consent thereto or in those instances wherein the message shall be initiated or instigated by a person and the message shall constitute the

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commission of a crime or is directly in the furtherance of a crime, provided at least one party thereto shall consent. 26-3007. Evidence Inadmissible. No evidence obtained in a manner which violates any of the provisions of this Chapter shall be admissible in any court of this State, except to prove violations of this Chapter. 26-3008. Privileged Communications Inadmissible. Nothing contained within this Chapter shall permit the introduction into evidence of any communication which is privileged by the laws of this State, or by the decisions of the appellate courts thereof. 26-3009. Definitions. As used within this Chapter, the term private place means a place where one is entitled to reasonably expect to be safe from casual or hostile intrusion or surveillance. A device means an instrument or apparatus used for overhearing, recording, intercepting or transmitting sounds or for observing, photographing, recording or transmitting visual images and which involves in its operation electricity, electronics, infrared, laser or similar beams, but not including merely focusing, lighting, illuminating equipment, optical magnifying equipment or device commonly referred to as an individual hearing aid. 26-3010. Punishment. Any person violating any of the provisions of this Chapter shall be guilty of a felony and upon conviction thereof, shall be punished by imprisonment in the penitentiary for not less than one nor more than five years, or a fine not to exceed $10,000, or both. CHAPTER 26-31. REDUCIBLE FELONIESCAPITL OFFENSES. 26-3101. Reducible Felonies. (a) When a defendant is found guilty of a felony punishable by imprisonment for a maximum term of 10 years or less, the jury that determines the sentence may recommend that the defendant be punished as for a misdemeanor. The judge may, in his discretion, follow the recommendation of the jury.

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(b) When a defendant is found guilty by the judge of a felony punishable by imprisonment for a maximum term of 10 years or less, the judge may, in his discretion, impose punishment as for a misdemeanor. 26-3102. Capital OffensesJury Verdict and Sentence. Where, upon a trial by jury, a person is convicted of an offense which may be punishable by death, a sentence of death shall not be imposed unless the jury verdict includes a recommendation that such sentence be imposed. Where a recommendation of death is made, the court shall sentence the defendant to death. Where a sentence of death is not recommended by the jury, the court shall sentence the defendant to imprisonment as provided by law. Unless the jury trying the case recommends the death sentence in its verdict, the court shall not sentence the defendant to death. CHAPTER 26-32. CONSPIRACY. 26-3201. Conspiracy to commit a crime. A person commits conspiracy to commit a crime when he together with one or more persons conspires to commit any crime and any one or more of such persons does any overt act to effect the object of the conspiracy. If the crime which was conspired to be committed is a felony, each person convicted of violating this section shall be punished by imprisonment for not less than one nor more than five years or the punishment provided for such felony, whichever is the lessor. If the crime which was conspired to be committed is a misdemeanor each person convicted of violating this section shall be punished the same as the punishment provided for such misdemeanor. 26-3202. Co-conspirators. A co-conspirator may be relieved from the effects of this Act if he can show that before the overt act occurred, he withdrew his agreement to commit a crime. CHAPTER 26-99. MISCELLANEOUS 26-9901. Publication of Name or Identity of Female Raped or Assaulted; Punishment. It shall be unlawful for

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any news media or any other person to print and publish, broadcast, televise, or disseminate through any other medium of public dissemination or cause to be printed and published, broadcast, televised, or disseminated in any newspaper, magazine, periodical or other publication published in this State or through any radio or television broadcast originating in the State the name or identity of any female who may have been raped or upon whom an assault with intent to commit rape may have been made. Any person or corporation violating the provisions of this section shall, upon conviction, be punished as for a misdemeanor. 26-9902. Trials for Escapes from Penitentiary; Witnesses . The trial of prisoners escaping from the penitentiary shall be had for such escape before the superior court of the county in which the escape occurs, and prisoners so escaping shall remain in the penitentiary after their apprehension, and be treated as other convicts, until such trial shall take place; and upon such trial, the copies of the records transmitted to the keeper of the penitentiary, relative to the former trials of such prisoners, shall be produced and filed of record in the said superior court; and any other prisoner or convict, not included in the same indictment, shall be competent witness. 26-9903. Convict Witnesses on Trial for Mutiny . On the trial of a convict in the penitentiary for the crime of mutiny, any other prisoner or convict, not included in the same indictment, shall be a competent witness, and the infamy of his character and of the crime of which he has been convicted shall be exceptions to his credit only. 26-9904. Who May be Appointed; Assuming to Act Without Appointment . No sheriff, mayor, or other person authorized by law to appoint special deputy sheriffs, constables, marshals, policemen, or other peace officers, or detectives, to preserve the public peace or detect crime, shall appoint, as such special deputy, special constable, marshal, policeman, or other peace officer, or detective, any person who is not a citizen of this State, and no person shall assume or exercise such functions, powers, duties, or privileges incident and belonging to the office of special deputy sheriff,

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special constable, marshal, or policeman, or other peace officer, or detective, without first having received his appointment in writing from the lawfully constituted authorities of the State. A list of all persons so appointed shall be filed each January by the person so appointing in the office of the clerk of the superior court of the county where the appointments are made. A person convicted of violating any of the provisions of this section shall be punished as for a misdemeanor. 26-9905. IntermarriageWhen prohibited . Any person who shall marry a person to whom he knows he is related, either by blood or by marriage as follows: (a) Father and daughter or step-daughter; (b) Mother and son or stepson; (c) brother and sister of the whole blood or the half blood; (d) grandparent and grandchild; (e) aunt and nephew; or (f) uncle and niece; shall be punished by imprisonment for not less than one nor more than three years. 26-9906. Tippling Houses, Keeping Open on Sabbath . Any person who shall keep open a tippling house on the Sabbath day or Sabbath night shall be guilty of a misdemeanor. 26-9907. Players Competent Witnesses . On the trial of any person for offending against section 26-2707, 26-2704, 26-2703 or 26-2702, any other person who may have played and bet at the same time or table shall be a competent witness. 26-9908. Violating the Sabbath Day . Any person who shall pursue his business or the work of his ordinary calling on the Lord's day, works of necessity or charity only excepted, shall be guilty of a misdemeanor. 26-9909. Causing Convict to Work on Sunday . Any warden or other prison official who shall cause any convict to do any work on Sunday, except works of necessity, shall be guilty of a misdemeanor. Section 2. Specific Repealer . Title 26 of the Code of Georgia of 1933, as amended, relating to Crimes and Punishment Chapter 26-1, In General; 26-2, Definition of Crime.

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Intention; 26-3, Infants, Lunatics, Etc., Their Counselors and Instigators; 26-4, Persons Acting Under Coercion or Fear, or While Drunk, or by Misfortune; 26-5, Principals; 26-6, Accessories; 26-7, In General; 26-8, Treason; 26-9, Insurrection and Attempt to Incite Insurrection; 26-10, Homicide; 26-11, Abortion, Foeticide and Infanticide; 26-12, Mayhem; 26-13, Rape; 26-14, Assault and Battery; 26-15, False Imprisonment; 26-16, Kidnapping, Etc.; 26-17, Stabbing and Shooting; 26-18, Blackmail, Threatening Letters, Etc.; 26-19, Conspiracy; 26-20, Peeping Tom or Eavesdropper; 26-21, Libel, and Defamation of Virtuous Female; 26-22, Arson and Other Burnings; 26-23, Destroying or Injuring House with Explosive Substance; 26-24, Burglary; 26-25, Robbery; 26-26, Larceny or Theft; 26-27, Tools Used in Committing Crimes; 26-28, Embezzlement and Fradulant Conversions; 26-29, State's Property or Money; 26-30, Trespass; 26-31, Forcible Entry and Detainer; 26-32, Unlawful Mining; 26-33, Fraudulent Seizures; 26-34, Using Horse, Skinning Cattle, Etc., Without Owner's Consent; 26-35, Disposing of or Purchasing Drifted Timber; 26-36, Firing the Woods; 26-37, Floating Sawdust into Streams; 26-38, Interfering with Property of Electrical or Gas Companies; 26-39. In General; 26-40, Perjury, False Swearing, and Subordination of Perjury and False Swearing; 26-41, Bribery; Influencing Governor or Head of Department; 26-42, Conspiracy to Defraud State or County; 26-43, Personating in Bail; 26-44, Obstructing Legal Process, and Sentence or Order of the Court; 26-45, Rescue and Escapes; 26-46, Receiving, Harboring, or Concealing Guilty Persons, and Compounding Crimes and Penalties; 26-47, Barratry and Embracery; 26-48, Mutiny and Instigating Mutiny; 26-49, Appointment of Peace Officers and Detectives; 26-50, Other Offenses Against Public Justice; 26-51, Carrying Weapons, Etc.; 26-52, Dueling; 26-53, Unlawful Assemblies, Riots, and Affrays; 26-54, Mob Violence; 26-55, Other Offenses Against Public Peace; 26-56, Bigamy; 26-57, Incest; 26-58, Adultery and Fornication; 26-59, Sodomy and Bestiality; 26-60, Seduction; 26-61, Lewdness; Lewd Houses; Disorderly Houses; Opium Joints; and Keeping Open Tippling Houses on the Sabbath; 26-62, Soliciting for Prostitution; 26-63, Obscene Pictures, and Abusive and Vulgar Language; 26-64, Gaming Houses, Gaming Tables, and Gambling; 26-65, Lotteries, Gift Enterprises,

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and Trading Stamps; 26-66, Cockfighting; 26-67, Permitting Minor to Roll Tenpins; 26-68, Furnishing Cigarettes to Minors; 26-69, Disturbing Divine Service or Societies; Violating the Sabbath; Intruding on Camp Grounds; Disturbing Schools; Dancing on Sabbath; 26-70, Vagrancy; 26-71, Rogues and Vagabonds; 26-72, Misuse of Flag of United States; 26-73, Offenses Against Public Safety; 26-74, Deceitful Means and Artful Practices; 26-75, Fraudulent Entries and Practices in Speed Contests; 26-76, Destroying Book or Papers, Landmarks, Buoys, Etc.; 26-77, Burning Fences or Crops, and Setting Fire to Woods; 26-78, Injuring Bridges or Dams; 26-79, Killing or Maiming Certain Animals, and Cruelty to Animals; 26-80, Cruelty to Children; 26-81, Act of Malicious Mischief; Sections 2, 3 and 4 of an Act relating to Subversive activities, Ga. L. 1953, pp. 216, 218, 219; as amended by section 2, Ga. L. 1953, Nov.-Dec. Sess., pp. 73, 75; Section 1 of an Act to amend sections 26-1005 and 27-2302 of the Georgia Code of 1933, relating to the punishment for murder and other capital cases, Ga. L. 1963, pp. 122-123; An Act to repeal section 26-1010 of Chapter 26 of the Code of Georgia of 1933, and to enact in lieu thereof a section to be known as 26-1010 of Chapter 26 of the Code of Georgia of 1933 so as to provide for the punishment of persons committing the offense of involuntary manslaughter, Ga. L. 1961, p. 737; An Act to amend Code section 26-1302 so as to provide punishment upon conviction of rape, Ga. L. 1960, p. 266; An Act to make it a criminal offense for any person to take or attempt to take any immoral, improper or indecent liberties with a child of either sex, under the age of 16 years, Ga. L. 1950, p. 387, as amended by Ga. L. 1963, Nov.-Dec. Sess., p. 408; An Act to amend section 26-1601 of the Code, relating to the crime of kidnapping by redefining the definition of kidnapping, Ga. L. 1953, Nov.-Dec. Sess., p. 99;

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An Act to amend section 26-1603 of the 1933 Code of Georgia providing the punishment for the offense of kidnapping by changing the penalty from four to twenty years imprisonment to death, Ga. L. 1937, p. 489; An Act to repeal sections 26-2208, 26-2209, 26-2210 and 26-2211, relating to the crime of arson and the punishment therefor, and to enact other sections relating to said crime or the attempt thereat and prescribing the punishment therefor, Ga. L. 1949, p. 1118; An Act to amend Chapter 26-25 to re-define the offense of robbery by force or violence and to fix the punishment for said offense; to create and define robbery by use of an offensive weapon; to re-define the offense of robbery by intimidation; to re-define the offense of robbery by sudden snatching and to fix the punishment for the said offense, Ga. L. 1957, p. 261; An Act to amend section 26-2502 of the 1933 Code of Georgia, providing punishment for robbery by open force or violence, so that the punishment shall be death or life imprisonment instead of four to twenty years, Ga. L. 1937, p. 490; Section 26-2603 of the Code of Georgia of 1933, relating to larceny of motor vehicles and other vehicles, as amended by Ga. L. 1963, p. 295; Ga. L. 1965, p. 504; Ga. L. 1966, p. 555; An Act to amend section 26-2609 of the Code of Georgia of 1933 so as to increase the punishment for cattle stealing, Ga. L. 1953, p. 14; An Act to amend section 26-2611 of the Code of Georgia of 1933 so as to prescribe that the punishment for hog stealing shall be a certain period, Ga. L. 1953, p. 377; An Act to amend Code Chapter 26-26 so as to increase the punishment for stealing dogs, Ga. L. 1964, p. 277; An Act to amend Code section 26-2620, relating to receiving stolen goods, Ga. L. 1961. p. 118;

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An Act to amend Code section 26-2625 so as to change the punishment for certain larcenies when the value of the goods taken exceeds a certain amount, Ga. L. 1966, p. 435; An Act to make it a criminal offense for any person to take, use or operate an automobile, motorcycle, or other self-propelled motor vehicle without the permission of the owner thereof, Ga. L. 1955, p. 648; An Act to create and define the offense of shoplifting, Ga. L. 1957, p. 115; An Act making it unlawful to steal scientific data, etc., Ga. L. 1965, p. 647; An Act relating to the crime of stealing, etc., trade secrets, Ga. L. 1966, p. 425; An Act to amend Code Chapter 26-27, so as to prohibit devices used in theft of communication service and provide for criminal penalties, Ga. L. 1965, p. 436; An Act prohibiting any architect, landscape architect, engineer, contractor, sub-contractor, or other person, with intent to defraud, using the proceeds of any payment made on account of improvement of real property for any other purpose than to pay for labor or services performed or material furnished, Ga. L. 1941, p. 480; An Act to prohibit any person from obtaining credit by use of a credit card issued to another without the consent of the person to whom issued; to prohibit the use of a credit card which has expired or been cancelled; to prohibit the use of a false, fictitious or counterfeit credit card; to prescribe penalties therefor; to define certain words and terms, Ga. L. 1960, p. 1113; An Act to amend section 26-3002 of the Code of Georgia by striking the same in its entirety and substituting in lieu thereof a new section to make wilful trespass upon lands of another, whether the same be enclosed, cultivated, unenclosed or uncultivated, unlawful, Ga. L. 1959, p. 173;

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An Act to provide that it shall be a misdemeanor for any person to enter upon any State-owned or operated property where such property has been closed to the public on executive order of the Governor, or by order of the department head having supervision over such property, or by any official having immediate supervision thereover; to provide that notice must first have been given of such closing and to define same; to repeal conflicting laws; and for other purposes. Ga. L. 1956, p. 9; An Act to make it a misdemeanor for any person to refuse to leave certain premises when requested to do so, Ga. L. 1960, p. 142; Section 2, Ga. L. 1951, p. 697, 698, amending Code section 26-3601 of the Code of Georgia of 1933 relating to firing of woods; An Act to define the various penal offenses relating to the firing of woods, lands, marshes, grass, timber and other land in this state, etc., Ga. L. 1956, p. 737; An Act to amend Chapter 26-36 of the Code by adding a new section thereto to be known as Section 26-3603 providing that it shall be a felony for any person to maliciously and wilfully fire woods, Ga. L. 1943, p. 302; An Act to amend Chapter 26-38 of the Code, relative to interfering with property of certain utility companies, so as to make such chapter apply to utilities of political subdivisions of the state; to add three new Code sections to said chapter, making it unlawful to injure or interfere with any property of any company or political subdivision relative to a sewage disposal system, a water system and a communication system, Ga. L. 1957, p. 490; An Act to amend Code section 26-3805, relating to injuring or interfering with the property of communication systems and the punishment therefor, so as to change such punishment; to provide for exemptions; to change the word unlawfully to willfully, Ga. L. 1964, p. 768;

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An Act to amend Code sections 26-3908, 26-3909, 26-3910, 26-3911 and 26-3912, relating to the counterfeiting, alteration, possession, and knowingly uttering or passing any bank note, bill, check, or draft, so as to extend the provision of the above sections to all banks, Ga. L. 1959, p. 252; An Act to amend section 26-4102, of the Code of Georgia of 1933 relating to punishment for bribery, Ga. L. 1949, p. 274; An Act to amend Code Chapter 26-45, relating to rescue and escape of prisoners, as amended by an Act approved December 17, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 187), so as to provide that it shall be a felony for any person confined or imprisoned for the violation of a municipal ordinance or State law to escape or attempt to escape; to provide that it shall be a felony for any person to aid or attempt to aid or assist a prisoner to escape or attempt to escape; to provide a penalty for violation, Ga. L. 1955, p. 578; An Act to amend section 26-4507 of the 1933 Code relating to the penalty for escape from confinement, as amended particularly by an Act approved March 8, 1955 (Ga. L. 1955, p. 578), so as to clarify the places of confinement covered by said section; to repeal conflicting laws; and for other purposes. Ga. L. 1961. p. 491; An Act to amend Chapter 26-45 of the Code relating to rescues and escapes so as to provide that it shall be a misdemeanor for any person to escape or attempt to escape prior to conviction after having been lawfully arrested by any peace officer of this State or county thereof, Ga. L. 1953, Nov.-Dec. Sess., p. 187; An Act to amend an Act entitled An Act to amend Chapter 26-45 of the Code relating to rescues and escapes so as to provide that it shall be a misdemeanor for any person to escape or attempt to escape prior to conviction after having been lawfully arrested by any peace officer of this State or county thereof; to repeal conflicting laws; and for other purposes., approved December 17, 1953, (Ga. L. 1953, Nov.-Dec. Sess., p. 187), so as to eliminate the provision that

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a person be convicted for the crime for which arrested before being guilty under this Act, Ga. L. 1961, p. 556; A Resolution entitled To have judges inform all prisoners at the time of sentencing such prisoners that to escape or attempt to escape shall be a felony; and for other purposes, Ga. L. 1955, p. 474; 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, Ga. L. 1966, p. 432; An Act to revise the laws of Georgia relating to the offense of barratry, Ga. L. 1960, p. 1135; An Act to prohibit appointed or elected state officials from collecting private funds for the enforcement of the penal laws of the State of Georgia or any any of the regulations issued pursuant to law, except as authorized by law; to provide for the receipt and deposit with the State Treasurer of funds voluntarily contributed, Ga. L. 1958, p. 333; An Act to make it a crime: To improperly influence legislative action; to deal with the State, directly or indirectly, while acting as an officer, employee, or agent of the State; to accept remunerations in addition to compensation provided by law while acting as an officer, employee, or agent of the State; to embezzle or convert public money or records; to convert the property of another while acting as an officer, employee, or agent of the State; to fail to fully account for public money; to misuse public funds or property while acting as a custodian; to accept kickbacks from public employees; to make false statements and entries in public records; to make false acknowledgments or appearances or oaths; to wrongfully use the seal of the State, or any agency thereof; to make false certificates and false statements; to trade in public property while a public officer; and to prohibit conspiracies and restraint of free and open competition in transactions with the State;

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to enforce the separation of powers provision in the Constitution of the State; to prohibit the offering or accepting of anything of value to influence members of the executive branch of government, the legislative branch of government, or the judicial branch of government, Ga. L. 1959, p. 34; An Act to amend an Act entitled, An Act to make it a crime: To improperly influence legislative action; to deal with the State, directly or indirectly, while acting as an officer, employee, or agent of the State; to accept remuneration in addition to compensation provided by law while acting as an officer, employee, or agent of the state; to embezzle or convert public money or records; to convert the property of another while acting as an officer, employee or agent of the State; to fail to fully account for public money; to misuse public funds or property while acting as a custodian; to accept kickbacks from public employees; to make false statements and entries in public records; to make false acknowledgments or appearances or oaths; to wrongfully use the seal of the State, or any agency thereof; to make false certificates and false statements; to trade in public property while a public officer; and to prohibit conspiracies and restraint of free and open competition in transactions with the State; to enforce the separation of powers provision in the Constitution of the State; to prohibit the offering or accepting of anything of value to influence members of the executive branch of government, the legislative branch of government, or the judicial branch of government; and for other purposes, approved February 12, 1959 (Ga. L. 1959, p. 34), so as to provide that certain provisions therein shall not apply to any member of the General Assembly who has been an officer or employee of the executive branch of government for more than seventeen years, Ga. L. 1961, p. 42; An Act to regulate the conduct of officers, employees and agents of political subdivisions, municipal and other public corporations and other public organizations, etc., Ga. L. 1964, p. 261; An Act to amend Code section 26-5104 of the Code of Georgia of 1933, so as to provide for additional qualifications

Page 1346

for licenses to carry pistols and to provide for revocation, Ga. L. 1960, p. 938; An Act regulating the sale of firearms, including machine guns, prescribing the keeping and sale of such arms and providing a penalty for the violation of this Act, Ga. L. 1935, p. 372; An Act to regulate or prohibit the wearing of a mask, hood or any device whereby any portion of the face is so hidden, concealed or covered as to conceal the identity of the wearer while upon the public ways in this State or while upon property of any municipality or county in this State or while upon the property of the State, etc., Ga. L. 1951, p. 9; An Act to prohibit picketing, demonstrating, or other riotous conduct on, around, or adjacent to State property, to provide procedures connected with the same, Ga. L. 1962; p. 73; An Act to repeal section 26-6902 (26-5902) of Chapter 26 of the Code of 1933, which provides for the punishment for one found guilty of the offense of sodomy, and to enact in lieu thereof a section to be known as 26-6902 (26-5902) of Chapter 26 of the Code of 1933 to provide for the punishment of persons committing the offense of sodomy, Ga. L. 1949, p. 275; Sections 1 and 2 of an Act to penalize any person who shall receive another into any house, place, building, tourist camp or other structure, or conveyance for the purpose of prostitution, etc., Ga. L. 1943, p. 568; Section 26-6301 of the Georgia Code of 1933, relating to the sale of obscene pictures, books, etc., as amended by Ga. L. 1935, p. 158; Ga. L. 1941, p. 358; Ga. L. 1956, p. 801; Ga. L. 1963, p. 78; Section 26-6302 of the Georgia Code of 1933, relating to making obscene drawings, prints, etc., as amended by Ga. L. 1935, pp. 158, 159;

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An Act to amend Code Chapter 26-63 relating to obscene pictures and written material, as amended, so as to provide that any person who shall knowingly sell or exhibit, or who shall knowingly lend or give or offer to lend or give away, or who shall knowingly have possession of, with intent to sell, exhibit, lend, or give away any obscene literature, to any person under the age of eighteen, shall be guilty of a felony, and upon conviction thereof, shall be punished by confinement in the penitentiary for not less than one year nor more than five years, Ga. L. 1965, p. 488; An Act to amend Code section 26-6303, relating to the use of abusive or obscene language, so as to prohibit the use of certain language over the telephone; to prohibit the use of the telephone for certain purposes; to provide a penalty therefor; to provide that the prohibitions of this Act be printed in every telephone directory distributed in this State; to provide an effective date; to provide for severability; to repeal conflicting laws; and for other purposes, Ga. L. 1963, p. 455; An Act to amend section 26-6301 of the Code of 1933, so as to include the possession, lending or transportation of any indecent or obscene pictures or literature, or articles of indecent and obscene use, among the acts prohibited and penalized by said section; and for other purposes, Ga. L. 1941, p. 358; An Act to prohibit gambling, offering to bet or soliciting bets on the result, events connected with or act of a participant in any game, sport or athletic contest and to provide punishment therefor; to prohibit the giving or offering anything of value to participants and/or others connected with sports and athletic contests, and the acceptance or soliciting of such things by such persons with intent to influence the loss or limitation of margin of victory in such sport or contest and to provide punishment therefor, Ga. L. 1947, p. 1139; An Act to amend the Act approved March 27, 1947 (Ga. L. 1947, p. 1139), relating to gambling or betting on any game, sport or athletic contest and the offering or giving

Page 1348

of anything of value to influence the result of any game, sport or athletic contest; to increase the punishment for giving or offering or soliciting or accepting any reward, money or thing of value to influence the result or margin of victory in any sport, game or athletic contest from not less than one nor more than five to not less than five nor more than twenty years, Ga. L. 1952, p. 303; An Act to provide for more effective enforcement of the gambling and lottery laws of this State, Ga. L. 1966, p. 559; An Act to prohibit the use of any vehicle or conveyance for the purpose of transporting or conveying in any manner any lottery ticket, lottery book, lottery ribbon or any article or thing used to assist or in connection with keeping, maintaining, or carrying on any lottery or other scheme or device for the hazarding of money or valuable thing; to declare any vehicle or conveyance so used to be contraband; to provide for the seizure, condemnation and sale of all vehicles and conveyances when used for such purpose in violation of this Act; to provide for the distribution of funds arising from the condemnation and the sale of such vehicles and conveyances under provision of this Act; to repeal all laws and parts of law in conflict with this Act, Ga. L. 1945, p. 351; An Act to provide that upon the third or subsequent conviction under the lottery statutes, the maximum imprisonment therefor shall be imposed, Ga. L. 1960, p. 60; 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 value, Ga. L. 1966, p. 129; An Act to promote public health, safety, morals, and general welfare, by prohibiting the promotion, conduct, and participation in marathon-dance contests, walkathon contests, walk-a-show contests, and similar physical endurance contests either walking or dancing, or any similar physical endurance contest, Ga. L. 1935, p. 367;

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An Act to amend Code section 26-6908, relating to fishing on the Sabbath, so as to provide that it shall only be unlawful to engage in commercial fishing on the Sabbath; to provide for a penalty; to except certain counties, Ga. L. 1961, p. 157; as amended by Ga. L. 1962, p. 2344; An Act to make penal the reporting, or sending in, or communicating, to any fire department, fire marshal, or others in charge of fires or departments of fires of any municipality, or other governmental subdivision, false alarms, false reports, and false information, stating that a fire is at or near a certain place, and declaring same to be a misdemeanor and punishable as such, Ga. L. 1935, p. 373; An Act to prohibit the use or handling of poisonous snakes or reptiles in such manner as will endanger the health or safety of the public or any member thereof, etc., Ga. L. 1941, p. 448; An Act to prohibit the use of a certain walking cane which is white or white tipped with red, except by blind persons, etc., Ga. L. 1950, p. 423; An Act to declare it to be a misdemeanor to leave in any place accessible to children abandoned, unattended or discarded ice-boxes, refrigerators and the like without removing locks or doors from same; to provide for punishment of such acts; to declare such ice-boxes, and the like public nuisances and to provide for abatement of the same, Ga. L. 1953, Nov.-Dec. Sess., p. 273; An Act to provide that any person failing to relinquish a telephone party line, to another, in cases of emergency, shall be guilty of and punished as for a misdemeanor; to provide that any person who states that said telephone line is needed for an emergency, knowing said statement is false, shall be punished in a like manner; to provide that said provisions be printed in every telephone directory distributed in this State, Ga. L. 1960, p. 915; An Act to prohibit any person from obtaining or attempting to obtain, by the use of any fraudulent scheme, device,

Page 1350

means or methods, telephone or telegraph service or the transmission of a message, signal or other communication by telephone or telegraph with intent to avoid payment of the lawful price, charge or toll therefor, Ga. L. 1961, p. 224; as amended by Ga. L. 1965, p. 420; An Act to provide that it shall be unlawful to willfully remove or obliterate the manufacturer's serial or code numbers appearing on any case, carton, package or container of any tobacco product, Ga. L. 1965, p. 262; An Act to make it unlawful for any person to abandon any domestic animal, including dogs, Ga. L. 1964, p. 268; An Act to provide that any person who shall desecrate the burial place of any human body, with intent to rob, steal, mutilate or maliciously molest the remains of the human body interred therein, shall be punished by death, but the punishment shall be confinement in the penitentiary for life if the jury trying the case shall so recommend or if the conviction is founded solely on circumstantial evidence, Ga. L. 1941, p. 425, as amended by Ga. L. 1963, p. 390; An Act to make it unlawful to kill, shoot, injure, or detain, any racing, or homing, or carrier pigeon having a band on either leg, and provide punishment for violation of this Act, Ga. L. 1943, p. 429; An Act to amend Chapter 26-81 of the Code, same being Acts of Malicious Mischief, by adding a new Section thereto to be known as Section 26-8117 providing that it shall be a misdemeanor for any person to empty trash, rubbish, etc., willfully on the right-of-way of any public highway, etc., Ga. L. 1945, p. 278; An Act to amend Code Chapter 26-20, same being entitled Eavesdropping, Peeping Tom and Invasion of Privacy making it unlawful to eavesdrop, possess or sell eavesdropping devices, and providing exceptions, etc., Ga. L. 1967, p. 844;

Page 1351

An Act to amend Code Chapter 26-69 by adding a new Section 26-6921 to make it unlawful to deface, etc., places of divine worship, etc., Ga. L. 1967, p. 457; An Act to create and define the offense of inciting to riot, Ga. L. 1967, p. 250; are hereby repealed in their entirety and the foregoing provisions of the new Criminal Code of Georgia, constituting a new Title 26 are substituted therefor. Section 3. 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 4. Effective date . The provisions of this Act, except as otherwise expressly provided herein, shall become effective July 1, 1969. Section 5. Repeal of conflicting laws . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 10, 1968.

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SUPERVISOR OF PURCHASESPURCHASES BY LOCAL POLITICAL SUBDIVISIONS. No. 1158 (House Bill No. 741). An Act to authorize the Supervisor of Purchases to permit local political subdivisions and agencies, on an optional basis, to purchase through the State; to provide the procedures connected therewith; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Supervisor of Purchases is hereby authorized to permit local political subdivisions, on an optional basis, to purchase their supplies through the State. Section 2. The governing authorities of each of the local political subdivisions in this State shall have the right, from time to time, to determine through study whether an overall substantial price advantage will result to a political subdivision by the means of a local political subdivision either alone or in conjunction with another political subdivision, bidding through the Supervisor of Purchases on standard items of equipment, supplies, or services or other standard expenses ordinarily needed, procured, or incurred by such governments without a sacrifice of safety or quality. If the governing authority of any political subdivision shall determine that such a price advantage may be obtained by such means on any one or more of such items or expenses, said governing authority or authorities shall make this fact known to the Supervisor of Purchases. After receipt of such notice from said political subdivisions, the Supervisor of Purchases shall, after consultation, with such governing authorities, establish sets of uniform standard specifications for such item or items as may be reasonably required in order to meet the needs and requirements of the requesting political subdivision. The governing authorities of the requesting political subdivision shall, at such times as the Supervisor of Purchases shall prescribe, report its probable annual requirements for such standard items to the Supervisor of Purchases and the requested

Page 1353

time for delivery of such items. The Supervisor of Purchases shall compile such requirements together with such other information as may be needed for the purpose of advertising for bids for a uniform state price on such items. Section 3. The Supervisor of Purchases shall advertise for bids for supply of such items in the same manner followed for State purchases: Provided, however, that the Supervisor of Purchases shall inform prospective bidders that the bid requested is for the furnishing of such items to the designated political subdivisions at the times specified on the basis of a single State price applicable to all such local political subdivisions; that payment for such items as may be purchased by such political subdivisions shall be made by the respective political subdivision to the bidder; that no guarantee is made that any purchase will be made from the successful bidder as a result of such bid, and such other information as may be appropriate under the circumstances. The Supervisor of Purchases shall, upon receipt of bids, process the same in the same manner followed for State purchases and promptly notify the governing authorities of the political subdivisions of the name of the successful bidder, the bid price, the terms of delivery guaranteed by the successful bidder, and any other pertinent information. The Supervisor of Purchases shall prescribe regulations necessary for implementation and enforcement of the provisions of this Act and is authorized to establish minimum standards and uniform standard specifications and procedures for the purchase and distribution of equipment, supplies, services and other expenses for the local political subdivisions of this State. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 10, 1968.

Page 1354

GEORGIA LEGISLATIVE RETIREMENT SYSTEM ACT AMENDED. No. 1159 (House Bill No. 1012). An Act to amend an Act establishing the Georgia Legislative Retirement System, approved March 31, 1967 (Ga. L. 1967, p. 259), so as to provide a new definition for Prior Service; to provide for retirement at age 65 under certain conditions; to change the provisions relative to the distribution of funds in the event of a death of a member prior to retirement; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing the Georgia Legislative Retirement System, approved March 31, 1967 (Ga. L. 1967, p. 259), is hereby amended by striking subsection (5) of section 1 in its entirety and inserting in lieu thereof a new subsection (5) to read as follows: (5) `Prior Service' shall mean service rendered as a Representative, Senator, or staff member of the General Assembly. It shall also mean day for day service on active duty in any component of the Armed Forces of the United States; however, only that service which was performed during wartime or during any conflict in which military personnel were committed by the President of the United States shall be creditable, and provided further no such service in excess of five (5) years shall be creditable. No prior service shall be creditable except that which was rendered prior to January 1, 1954. Prior service defined. Section 2. Said Act is further amended by striking subsection (1) of section 6 in its entirety and inserting in lieu thereof a new subsection (1) to read as follows: (1) Any member of the System, who has attained age 65 and has completed 8 or more years of creditable service, or who has attained age 62 and has completed 8 or more years of membership service, shall be retired by the Board on a retirement allowance upon his written application

Page 1355

therefor, and shall thereupon become a beneficiary of the System, provided he is no longer in the service of the State whether as a member of the General Assembly or otherwise. The date of retirement shall be the first day of a calendar month which occurs not less than 30 days or more than 90 days subsequent to the filing of such application. Any member of the System who has completed 8 or more years of membership service and who has attained age 60 may elect to retire prior to age 62; however, in such event, his retirement allowance shall be reduced 5% for each year below age 62. Retirement. Section 3. Said Act is further amended by striking subsection (3) of section 10 in its entirety and inserting in lieu thereof a new subsection (3) to read as follows: (3) If a member of the System otherwise eligible for retirement dies prior to retirement, or if a member, who, having obtained 15 years of creditable service, dies prior to retirement, the person nominated by him to receive the lump sum amount in subsection (1) of this section shall receive, in lieu of such lump sum payment, an allowance for life in the same amount as if the deceased member of the System had retired at the time of his death and had named such person as contingent beneficiary under option 1 of section 7. Should the person nominated not be living at the death of the deceased member, the accumulated contributions shall be paid to the estate of the deceased member. Survivor. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 10, 1968.

Page 1356

EMPLOYEES' RETIREMENT SYSTEM OF GEORGIA ACT AMENDED. No. 1160 (House Bill No. 1015). An Act to amend an Act establishing the Employees' Retirement System of Georgia, approved February 3, 1949 (Ga. L. 1949, p. 138), as amended, particularly by an Act approved December 17, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 160), an Act approved February 26, 1957 (Ga. L. 1957, p. 172), an Act approved March 13, 1957 (Ga. L. 1957, p. 465), an Act approved March 5, 1959 (Ga. L. 1959, p. 107), an Act approved April 12, 1963 (Ga. L. 1963, p. 546), an Act approved February 19, 1964 (Ga. L. 1964, p. 119), and an Act approved April 18, 1967 (Ga. L. 1967, p. 751), so as to require at least ten (10) years of creditable service before retirement for persons becoming members of the System on or after July 1, 1968; to provide for retirement on the first day of any month following a member's sixty-fifth (65th) birthday; to remove the provision relative to approval by the General Assembly of a plan pertaining to retirement adjustments adopted by the Board of Trustees; to provide for the determination of average salary over a period of eight (8) calendar quarters and a limitation on the inclusion of increases and decreases therein for certain members; to limit the percentage of the assets of the Retirement System which may be invested in equities; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing the Employees' Retirement System of Georgia, approved February 3, 1949 (Ga. L. 1949, p. 138), as amended, particularly by an Act approved December 17, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 160), an Act approved February 26, 1957 (Ga. L. 1957, p. 172), an Act approved March 13, 1957 (Ga. L. 1957, p. 465), an Act approved March 5, 1959 (Ga. L. 1959, p. 107), an Act approved April 12, 1963 (Ga. L. 1963, p. 546), an Act approved February 19, 1964 (Ga. L. 1964, p. 119), and an Act approved April 18, 1967 (Ga. L. 1967, p. 751), is

Page 1357

hereby amended by adding at the end of paragraph (a) of subsection (1) of section 5 the following: Provided, however, any person becoming a member on or after July 1, 1968 must have ten (10) or more years of creditable service before being eligible to retire as provided for in this paragraph., so that when so amended paragraph (a) of subsection (1) of section 5 shall read as follows: (a) Any member in service and with five (5) or more years of creditable service may retire on a service retirement allowance upon written application to the Board of Trustees setting forth at what time, not less than thirty (30) nor more than ninety (90) days subsequent to the execution and filing thereof, he desires to be retired, provided the member, at the time so specified for retirement, has attained age sixty (60) or has thirty (30) years of creditable service and notwithstanding that during such period of notification he may have separated from service. Provided, however, any person becoming a member on or after July 1, 1968 must have ten (10) or more years of creditable service before being eligible to retire as provided for in this paragraph. Eligibality for retirement. Section 2. Said Act is further amended by striking paragraph (b) of subsection (1) of section 5 in its entirety and inserting in lieu thereof a new paragraph (b) to read as follows: (b) From and after June 30, 1957, every employee covered under the provisions of this Act, upon recommendation of his department head to the Board of Trustees, shall be retired on the first day of any calendar month following that in which he attains the age of sixty-five (65) years. Every such employee who has attained the age of seventy-five (75) years shall be retired forthwith. On and after June 30, 1955, every such employee who at that time has attained the age of seventy (70) years, shall be retired forthwith, and thereafter every such employee shall be retired on the first day of the calendar month next succeeding

Page 1358

that in which he attains the age of seventy (70) years; provided, that nothing in this Act shall preclude the employment or continued employment of persons in any age category with professional, scientific and/or technical skills who are so certified to the Board of Trustees by their department head. Retirement. Section 3. Said Act is further amended by striking from paragraph (e) of subsection (2) of section 5 the following: Provided that if such plan is adopted by said Board it shall first have prior approval of the General Assembly., so that when so amended paragraph (e) of subsection (2) of section 5 shall read as follows: (e) On a date to be established by the Board of Trustees but not before April 1, 1967, the Board is hereby authorized to adopt a method of providing for postretirement benefit adjustments for the purpose of maintaining essentially no less purchasing power for a beneficiary in his postretirement years. Such method of adjustment shall be based upon: Postretirement benefits. (1) A recommendation of the Board's Actuaries. (2) Maintaining the actuarial soundness of the System. (3) Its application to the retirement income of any beneficiary retiring on or after the adoption of such method by the Board of Trustees. (4) Any additional contribution by the member to be in an amount not to exceed one-fourth of one percent of his monthly earnable compensation. Section 4. Said Act is further amended by striking from the second paragraph of subsection (7) of section 6 the following: be applied to the member's average monthly earnable compensation during a five (5) year period, and inserting in lieu thereof the following:

Page 1359

for those members retiring on and after April 1, 1968, be applied to the member's average monthly earnable compensation during a period of eight (8) consecutive calendar quarters not to include any increase or decrease in salary in excess of two (2) five percent (5%) increases or decreases during such eight (8) calendar quarters, Average wage defined. so that when so amended subsection (7) of section 6 shall read as follows: (7) Any other provisions of law to the contrary notwithstanding, the Board of Trustees, in keeping with the actuarial soundness of the System, may from time to time and after an actuarial investigation into the benefit structure of the System, and for the administration of the Social Security program, adopt such tables, calculations, compensation and deduction schedules as it shall deem desirable in connection with the proper operation of the System. Provided, however, that any calculations (actuarial or otherwise) or benefits provided hereunder shall be made on the basis of final monthly earnings being defined as a member's highest total monthly earnable compensation as reflected by monthly contributions during employment except that no salary increase by adjustment in compensation in any manner in excess of ten (10) percent during the last twelve months of membership service shall be included in this definition of final monthly earnings. Provided further, however, that in the application of any adopted tables or calculations, as such may be applicable to any member, such tables and the application thereof shall not diminish or impair the amount of any allowances or benefits which would have been payable to the member by use of tables or calculations that were in effect on January 1, 1959. The Board of Trustees may also, from time to time, establish rules and regulations for the administration of the funds created by this Act and for the transaction of its business. On and after April 1, 1964, the Board of Trustees is hereby authorized to adopt simplified benefit tables which will enable a member to estimate his retirement allowances. Such tables, as adopted, shall (1) be based on an actuarial study, (2) maintain the actuarial soundness of the System,

Page 1360

(3) for those members retiring on and after April 1, 1968, be applied to the member's average monthly earnable compensation during a period of eight (8) consecutive calendar quarters not to include any increase of decrease in salary in exess of two (2) five percent (5%) increases or decreases during such eight (8) calendar quarters, and (4) be applicable to all members. Provided, however, the above provisions or the application of such tables shall not reduce or impair the amount of any allowances or benefits to which any person who was a member on April 1, 1964, would have been entitled at that time or would be entitled at any time thereafter under tables or calculations which were in effect at that time or at any time prior thereto or at any time prior to the adoption of such simplified benefit tables. Section 5. Said Act is further amended by adding in subsection (1) of section 7 after the words the making and disposing of their investments the words except, however, the Board of Trustees shall be limited to invest not more than fifty percent (50%) of the assets of the Retirement System in equities; , so that when so amended subsection (1) of section 7 shall read as follows: (1) The members of the Board of Trustees shall be the trustees of the Retirement System, and shall have full power to invest and reinvest such assets, subject to all the terms, conditions, limitations and restrictions imposed by the laws of the State of Georgia upon domestic life insurance companies in the making and disposing of their investments, except, however, the Board of Trustees shall be limited to invest not more than fifty per-cent (50%) of the assets of the Retirement System in equities; and, subject to like terms, conditions, limitations and restrictions, the Trustees shall have full power to hold, purchase, sell, assign, transfer and dispose of any of the securities and investments in which any of the assets of the system are invested, including the proceeds of any investments and any money belonging to the System. The Board is hereby authorized to employ an agent or agents, including, but not limited to, banks or trust departments thereof, and enter into contracts therewith for the purpose of such

Page 1361

agent or agents acting as investment advisors and counselors, making recommendations for investments and making investments if the Board so authorizes. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 10, 1968. EMPLOYEES' RETIREMENT SYSTEM OF GEORGIA ACT AMENDED. No. 1161 (House Bill No. 1050). An Act to amend an Act establishing the State Employees Retirement System, approved February 3, 1949 (Ga. L. 1949, p. 138), as amended, so as to change the provisions relating to a permanent employee of the Uniform Division of the Department of Public Safety, the Georgia Bureau of Investigation and State Crime Laboratory; to provide that any member of the Uniform Division of the Department of Public Safety and any officer or agent of the Georgia Bureau of Investigation who receives a disability retirement shall be entitled to receive certain supplemental benefits; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing the State Employees Retirement System, approved February 3, 1949 (Ga. L. 1949, p. 138), as amended, is hereby amended by striking paragraph (b) of subsection (3) of section 5 in its entirety and inserting in lieu thereof a new paragraph (b) of subsection (3) of section 5 to read as follows: (b) Any member in service may be retired by the board of trustees on the disability allowance upon written application to the board of trustees made by such member or his employer, not less than 30 days nor more than 90 days

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subsequent to the execution and filing thereof: Provided, such member has 15 or more years of creditable service, and provided the medical board, after a medical examination of such member, shall certify that he is mentally and physically incapacitated for further performance of duty in the position he occupied at the time the disability originated, and that such incapacity is likely to be permanent and that he should be retired. Disability retirement. Provided, however, that any member of the Uniform Division of the Department of Public Safety and any officer or agent of the Georgia Bureau of Investigation and State Crime Laboratory, who, as a contributing member of this System and who, upon becoming permanently disabled due to an act of external violence or injury incurred in line of duty, becomes eligible for disability retirement allowances, shall, after a medical examination and upon certification by the medical board that such member is, in their opinion, permanently disabled, be entitled to a monthly allowance as computed on the member's life expectancy without option and such monthly allowance as shall be payable to the member only, during his life or length of disability, shall not exceed 80 percent of the service allowance that would have been payable to the member had he accumulated not more than 30 years of creditable service and had retired at age 65. Such allowance shall be computed on the basis of the member's monthly earnable compensation for the month in which his permanent disability occurred: Provided, further such permanent disability retirement shall apply regardless of the length of service of any such member, officer or agent prior to his permanent disability, with a further provision that the System shall be promptly reimbursed by the employee's department upon payment by the System of each monthly allowance to the member during his permanent disability. Such monthly reimbursement by the department shall include the employer's share of cost for any survivors' benefit for which the member may be eligible at the time of permanent disability. Such member shall be deemed to have acquired 20 or more years of creditable service.

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Anything in this Act to the contrary notwithstanding, any member of the Uniform Division of the Department of Public Safety and any officer or agent of the Georgia Bureau of Investigation who retires as a result of becoming permanently disabled due to an act of external violence or injury incurred in the line of duty, shall receive the regular retirement benefits provided by this Act and an additional monthly supplemental benefit which shall be in the amount of $5.00 per month for each year of creditable service as an enforcement officer under the jurisdiction of the Department of Public Safety. Such additional monthly supplemental benefit shall in no event exceed $150.00 per month. Any supplemental benefit payable under this section shall be reimbursed to the Retirement System by the Department of Public Safety upon receipt of a bill therefor. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 10, 1968. GUARDIAN AND WARDAMOUNT OF FUNDS WHICH MAY BE REMITTED TO ORDINARIES. Code 49-701 Amended. No. 1166 (House Bill No. 1405). An Act to amend Code section 49-701, relating to custody and distribution of funds of minors and insane persons who have no legal guardian, as amended by an Act approved March 25, 1958 (Ga. L. 1958, p. 650), so as to increase the amount which can be remitted to the ordinaries belonging to minors and insane persons who have no legal guardian; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 49-701, relating to custody and distribution of funds of minors and insane persons who

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have no legal guardian, as amended by an Act approved March 25, 1958 (Ga. L. 1958, p. 650), is hereby amended by striking the figure 1000 and inserting in lieu thereof the figure 2500 so that Code section 49-701 when so amended shall read as follows: 49-701. Custody and distribution when no legal guardian The ordinaries of the several counties are hereby made and constituted the legal custodians and distributors of all moneys due and owing to any minor or insane person who has no legal and qualified guardian, and they are authorized to receive and collect all such moneys arising from insurance policies, benefit societies, legacies, inheritances, or any other source: Provided, that the amount due from all sources shall not exceed the amount of $2500. Without any opportionment or qualifying order, the ordinary is authorized to take charge of such money or funds for such minor or insane person by virtue of his office as ordinary in the county of the residence of such minor or insane person, and the certificate of such ordinary, that no legally qualified guardian has been so appointed and that the estate, from all sources, does not exceed the amount of $2500, shall be conclusive and shall be sufficient authority to justify any debtor or debtors in making payment of moneys due as aforesaid, claims therefore having been made by such ordinary. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 10, 1968. STATUTESEFFECTIVE DATE ACTS OF GENERAL ASSEMBLY. No. 1170 (House Bill No. 1412). An Act to provide the dates on which laws shall become effective; to provide the procedure connected therewith; to provide an effective date; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1. Unless a different effective date is specified in an Act, any Act approved by the Governor or becoming law without his approval on or after the first day of January and prior to the first day of July of a calendar year, shall become effective on said first day of July, and any Act approved by the Governor or becoming law without his approval on or after the first day of July and prior to the first day of January of the immediately succeeding calendar year, shall become effective on said first day of January. Section 2. This Act shall become effective January 1, 1969. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 10, 1968. GWINNETT JUDICIAL CIRCUITJUDGE'S SALARY. No. 1183 (House Bill No. 1598). An Act to amend an Act creating the Gwinnett Judicial Circuit and providing for its powers, duties and jurisdiction and the officers thereof, approved February 12, 1960 (Ga. L. 1960, p. 110), as amended, by an Act approved March 4, 1964 (Ga. L. 1964, p. 237), and by an Act approved March 22, 1967 (Ga. L. 1967, p. 122), so as to supplement the salary of the judge of the Superior Court of Gwinnett Judicial Circuit from the funds of Gwinnett County; to fix the amount of such supplement; to provide the method and manner in which the same shall be paid; 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 Gwinnett Judicial Circuit and providing for its powers, duties and jurisdiction

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and the officers thereof, approved February 12, 1960 (Ga. L. 1960, p. 110), as amended, by an Act approved March 4, 1964 (Ga. L. 1964, p. 237), and by an Act approved March 22, 1967 (Ga. L. 1967, p. 122), is hereby amended by strking the first sentence of section 2 which reads as follows: The compensation and allowances of the judge of said Circuit shall be as now or hereafter provided by law., in its entirety. Section 2. Said Act is further amended by adding a new section between sections 2 and 3 to be designated section 2A to read as follows: Section 2A. The compensation and allowances of the judge of the Gwinnett Judicial Circuit shall be as now or hereafter provided by law, and in addition thereto the salary of such judge shall be supplemented in the amount of four thousand five hundred dollars ($4,500.00) per annum from the funds of Gwinnett County payable in equal monthly installments, and the governingg authority of Gwinnett County is hereby authorized and directed to pay the compensation herein provided. The supplement to the salary provided for herein shall be to compensate said judge for the additional duties required of him as judge of the Juvenile Court of Gwinnett County. Judge's salary. Section 3. This Act shall become effective on January 1, 1969. Effective date. 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 there will be introduced at the January, 1968, Session of the General Assembly of Georgia a Bill to amend the act creating the Gwinnett Judicial Circuit so as to provide a supplement to the compensation of the Judge of the Superior Court; and for other purposes.

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This 3rd day of January, 1968. Gwinnett County Bar Association Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James D. Mason who, on oath, deposes and says that he is Representative from the 22nd District, and that the attached copy of notice of intention to introduce local legislation was published in the Gwinnett Daily News which is the official organ of Gwinnett County, on the following dates: January 5, 12 and 19, 1968. /s/ James D. Mason Representative, 22nd District Sworn to and subscribed before me, this 9th day of February, 1968. /s/ S. Hughel Harrison, Notary Public. Approved April 10, 1968. LAND CONVEYANCE IN STEPHENS COUNTY AUTHORIZED. No. 232 (House Resolution No. 603-1280). A Resolution. Authorizing the conveyance of certain real property located in Stephens County, Georgia; and for other purposes. Whereas, the State of Georgia is the owner of certain real property and the improvements thereon located in Stephens County, Georgia which is currently being used

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by the Department of Public Safety as a State Patrol Barracks; and Whereas, said real property is all that tract or parcel of land lying and being in the County of Stephens, State of Georgia, and within the corporate limits of the City of Toccoa, Georgia, and more particularly described as follows: Beginning at a point, the same being the northeast intersection of State Highways Nos. 17 and 13, thence along the north side of right-of-way of State Highway No. 13, north 82[unk] east 150 feet to an iron pin; thence north 7 west 76 feet to a stake on the right-of-way of the Southern Railway Company; thence along said Southern Railway Company right-of-way south 79[unk] west 167 feet to a stake on the east side of the old right-of-way of State Highway No. 17; thence 59 feet to the beginning corner, according to plat and survey of M. B. Collier, County Surveyor, dated June 1, 1940. and Whereas, the deed vesting title to the above described tract or parcel of land in the State of Georgia is recorded in deed book 89, folio 543-4 of the deed records of Stephens County; and Whereas, the above described real property and the improvements thereon will not be needed by the Department of Public Safety upon the completion of a State Patrol Barracks to be constructed in Stephens County; and Whereas, upon completion of the construction of said State Patrol Barracks in Stephens County said property shall be surplus. Now, therefore, be it resolved by the General Assembly of Georgia that upon certification to the Governor by the Director of the Department of Public Safety that said new State Patrol Barracks in Stephens County have been completed and that such tract or parcel of land

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is surplus, the Governor, acting for and on behalf of the State of Georgia, is hereby authorized to convey the hereinabove described tract or parcel of land subject to the following conditions: (1) That the conveyance of said tract or any part thereof shall be approved by the State Properties Control Commission. (2) That the consideration for said conveyance shall not be less than the highest of three fair and accurate appraisals of the value of said tract or parcel of land, which appraisals shall be obtained by the State Properties Control Commission. Approved April 10, 1968. CODE OF ETHICS FOR GOVERNMENT SERVICE. No. 253 (Senate Resolution No. 25). A Resolution. Establishing a Code of Ethics for Government Service within the State of Georgia and all governments therein; and for other purposes. Whereas, a Code of Ethics should be established for the employees of the State of Georgia and all governments therein. Now, therefore, be it resolved by the General Assembly of Georgia that there is hereby established for and within the State of Georgia and for and in all governments therein a Code of Ethics for Government Service which shall read as follow

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CODE OF ETHICS FOR GOVERNMENT SERVICE Any person in government service should: I. Put loyalty to the highest moral principles and to country above loyalty to persons, party, or government department. II. Uphold the Constitution, laws, and legal regulations of the United States and the State of Georgia and of all governments therein and never be a party to their evasion. III. Give a full day's labor for a full day's pay; giving to the perfromance of his duties his earnest effort and best thought. IV. Seek to find and employ more efficient and economical ways of getting tasks accomplished. V. Never discriminate unfairly by the dispensing of special favors or privileges to anyone, whether for remuneration or not; and never accept, for himself or his family, favors or benefits under circumstances which might be construed by reasonable persons as influencing the performance of his governmental duties. VI. Make no private promises of any kind binding upon the duties of office, since a government employee has no private word which can be binding on public duty. VII. Engage in no business with the government, either directly or indirectly, which is inconsistent with the conscientious performance of his governmental duties. VIII. Never use any information coming to him confidentially in the performance of governmental duties as a means for making private profit. IX. Expose corruption wherever discovered. X. Uphold these principles, ever conscious that public office is a public trust.

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Be it further resolved that the Secretary of State is hereby authorized and directed to have the Code of Ethics for Government Service herein established printed upon an appropriately designed card which would be suitable for framing and exhibiting to the public and employees of the State of Georgia and all governments therein. Be it further resolved that the Secretary of State is hereby authorized and directed to have such number of said Code of Ethics for Government Service printed as, in his discretion, will be sufficient for distribution to the various departments, boards, bureaus and other agencies of the State of Georgia and all governments therein. Be it further resolved that the Secretary of State is hereby authorized and directed to furnish said printed Code of Ethics for Government Service to the various departments, boards, bureaus and other agencies of the State of Georgia and all governments therein wihtout cost. Be it further resolved that the expenses incurred by the Secretary of State in carrying out the provisions of this resolution shall be paid from the funds appropriated to or otherwise available to the legislative branch of government. Approved April 10, 1968. SIGNS ON NATIONAL SYSTEM OF INTERSTATE AND DEFENSE HIGHWAYS. No. 254 (Senate Resolution No. 173). A Resolution. Urging the State Highway Department to place certain signs on the highways of this State which are a part of the National System of Interstate and Defense Highways; and for other purposes.

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Whereas, it has been brought to the attention of the members of the Senate Promotion of Tourism Study Committee that it would be a great convenience to the citizens of our State and to visitors to our State if the Interstate Highways were clearly marked to indicate the location of major cities; and Whereas, it has also been brought to the attention of the members of said Committee that it would be a great convenience to the citizens of our State and to visitors to our State if a system were devised and implemented to number all exits from the system of Interstate Highways located within this State; and Whereas, said Committee has heard testimony to the effect that the implementation of these proposals would contribute to the promotion of tourism in our State. Now, therefore, be it resolved by the General Assembly of Georgia that the State Highway Department is hereby urged to place signs on all highways of this State which are a part of the National System of Interstate and Defense Highways to clearly indicate the location of all major cities of this State. Be it further resolved that the State Highway Department is hereby requested to devise a system of numbering the exits from the highways of this State which are a part of said National System of Interstate and Defense Highways, whereby said numbering system would originate from the capitol City of Atlant, and number all exits on all said Interstate Highways located within this State with no two exits having the same number. Be it further resolved that the Secretary of the Senate is hereby authorized and directed to transmit an appropriate copy of this resolution to Honorable James L. Gillis, Sr., Director of the State Highway Department of Georgia. Approved April 10, 1968.

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INTERIM STUDY COMMITTEE ON COLLEGE GRANTS AND SCHOLARSHIPS TO STUDENTS. No. 255 (Senate Resolution No. 183). A Resolution. Creating an interim study committee on the advisability of providing grants or scholarships to students wishing to attend college or universities which are not a part of the University System of Georgia; and for other purposes. Whereas, as the cost of higher education continues to skyrocket, many students are prevented for financial reasons from gaining the advantages of a college education; and Whereas, a possible answer to such a deterent to securing additional education benefits would be scholarships for such students at State expense; and Whereas, there are many intricate and complicated problems connected with such a program which should be thoroughly investigated before this new era is entered by State government. Now, therefore, be it resolved by the General Assembly of Georgia that there is hereby created an interim study committee to be composed of three Senators to be appointed thereto by the President of the Senate and three members of the House of Representatives to be appointed thereto by the Speaker of the House. The committee shall make a thorough and exhaustive study into the advisability of providing a program of State-sponsored grants or scholarships for students desiring to attend colleges or universities which are not a part of the University System of Georgia. The committee shall make a report of its findings and recommendations to the 1969 Session of the General Assembly, at which time it shall stand abolished. Approved April 10, 1968.

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TEACHER HALL OF FAME. No. 259 (Senate Resolution No. 227). A Resolution. Providing for the Teacher Hall of Fame; and for other purposes. Whereas, the State of Georgia is blessed with some of the most outstanding and dedicated teachers in the entire country; and Whereas, the members of this noble profession have made many notable contributions to this State and have assisted immeasurably in bringing Georgia to its position as the leading State in the Southeast; and Whereas, these moulders of the mind of our young boys and girls are often overlooked and are given scant recognition in relation to their unselfish efforts in educating our children; and Whereas, WSB-TV, in conjunction with the Georgia Education Association and the Georgia Teachers and Education Association, is establishing and financing a program to honor the Teacher of the Year, which is a most worthwhile and long overdue project; and Whereas, school children who are regularly escorted through the State Capitol would be inspired by this recognition of the teaching profession; and Whereas, it is fitting and proper that the State of Georgia give recognition to this endeavor by providing for a Teacher Hall of Fame. Now, therefore, be it resolved by the General Assembly of Georgia that this body hereby lends its support and backing to a program to honor the Teacher of the Year, and the Secretary of State, with the advice and consent of the President of the Senate and the Speaker

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of the House of Representatives, is hereby authorized to designate a suitable room or other place in the State Capitol building as the Teacher Hall of Fame. Be it further resolved that the Secretary of State is hereby authorized to provide for recognition of the teacher selected in the aforesaid program in a tangible form in the Teacher Hall of Fame. Be it further resolved that the Secretary of Senate is hereby instructed to transmit a copy of this resolution to the Secretary of State, to the President of the Senate, to the Speaker of the House of Representatives, to the General Manager of WSB-TV, to the President of the Georgia Education Association and to the President of the Georgia Teachers and Education Association. Approved April 10, 1968. JEFFERSON DAVIS MEMORIAL HIGHWAY. No. 261 (Senate Resolution No. 251). A Resolution. Clarifying and changing the Jefferson Davis Memorial Highway; and for other purposes. Whereas, Jefferson Davis served as the first and only President of the Confederate States of America; and Whereas, the said Jefferson Davis devoted his life to the service and honor of his native southland; and Whereas, the Georgia Division of the United Daughters of the Confederacy have requested that the General Assembly clarify and change the Jefferson Davis Memorial Highway. Now, therefore, be it resolved by the General Assembly of Georgia that the combination of highways beginning

Page 1376

in West Point and passing through LaGrange, Hogansville, Grantville, Moreland, Newnan, Madras, Palmetto, Fairburn, Union City, and College Park to Atlanta on Georgia Highway No. 14 and then from Atlanta through Covington, Madison, Greensboro, Crawfordville, Warrenton, Thomason to Augusta, on Georgia Highway No. 12, are hereby named and designated as Route 1 of the Jefferson Davis Memorial Highway. Be it further resolved that the combination of highways beginning at the intersection of Georgia Highway No. 12 and Georgia Highway No. 77 and proceeding north and then northeast from Union Point along Georgia Highway No. 44 through Tyrone to Washinton; then from Washington south on Georgia Highway No. 10 to Thomson are hereby named and designated as alternate Route 1 of the Jefferson Davis Memorial Highway. Be it further resolved that the combination of highways beginning in Augusta and passing through Wrens and Louisville to Wadley on Georgia Highway No. 4; then west on United States Highway No. 319 to Bartow; then south on United States Highway No. 221 and Georgia Highway No. 78 to Wrightsville; then south on United States Highway No. 319 to Dublin; then south on Georgia Highway No. 19 to Glenwood; then west on Georgia Highway No. 30 through Alamo and McRae to Abbeville; then from Abbeville through Bowens Mill and Fitzgerald to Ocilla on United States Highway No. 129; then along Georgia Highway No. 32 to Irwinville; then south on Georgia Highway No. 125 through Waterloo to Tifton; then west from Tifton on Georgia Highway No. 50 and United States Highway No. 82 through Ty Ty, Sylvester, Albany, Dawson and Cuthbert and thence to the Alabama State Line are hereby named and designated as Route 2 of the Jefferson Davis Memorial Highway. Be it further resolved that the combination of highways beginning at Wrens and proceeding on Georgia Highway No. 88 to Sandersville; then south on Georgia Highway No. 15 to Wrightsville; and beginning three miles

Page 1377

south of Irwinville on Georgia Highway No. 32 and continuing along Georgia Highway No. 32 to Sycamore; then north on United States Highway No. 41 to Ashburn and then south on Georgia Highway No. 12 to Sylvester are hereby named and designated as alternate Route 2 of the Jefferson Memorial Highway. Be it further resolved that the State Highway Department is hereby authorized and directed to so name and designate the hereinbefore described combination of highways and to erect or place suitable markers thereon. Be it further resolved that Resolutions relating to the Jefferson Davis Memorial Highway, approved March 22, 1937 (Ga. L. 1937, p. 2199), approved February 25, 1953 (Ga. L. 1953, p. 2288), approved March 17, 1959 (Ga. L. 1959, p. 399), and approved March 14, 1967 (Ga. L. 1967, p. 511), are hereby repealed in their entirety. Approved April 10, 1968. ATHLETIC ASSOCIATIONS OF BRANCHES OF UNIVERSITY SYSTEM DECLARED TO BE CORPORATIONS. No. 266 (House Resolution No. 494-1071). A Resolution. To amend a Resolution relating to the Athletic Association of the University of Georgia and the Georgia School of Technology, approved January 31, 1949 (Ga. L. 1949, p. 29), so as to include within the provisions of said Resolution the Athletic Associations of all branches of the University System of Georgia; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. A Resolution relating to the Athletic Associations of the University of Georgia and the Georgia

Page 1378

School of Technology is hereby amended by inserting between the words Technology and be as they appear in section 1 of said Resolution the following: and the Athletic Associations of any other branch of the University System of Georgia, so that when so amended section 1 of said Resolution shall read as follows: Section 1. That the Athletic Associations of the University of Georgia and the Georgia School of Technology and the Athletic Associations of any other branch of the University System of Georgia be and the same are hereby declared to be corporations, incorporated under charter by the superior court of the county in which said associations are located. Section 2. All laws and parts of laws in conflict with this Resolution are hereby repealed. Approved April 11, 1968. EXCHANGE OF LAND IN WAYNE COUNTY. No. 269 (House Resolution No. 715-1515). A Resolution. Authorizing the conveyance of certain real property in Wayne County, Georgia, in exchange for certain other real property located in Wayne County, Georgia; and for other purposes. Whereas, the State of Georgia is the owner of certain real property located in Wayne County, Georgia, now in the possession of the State Board of Corrections, and more fully described as follows: TRACT 1 . That certain tract or parcel of land, situate and being in the third land district of originally

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Appling now Wayne County, Georgia, according to the plan of said district in lot of land number 78, containing fifteen (15) acres and being particularly described as follows: Beginning at a point where the original lot line crosses the Jesup and Lanes Bridge Public Road, on the east side of said road, 390 feet south of said original lot line on the east edge of said road, to the beginning point, thence N.69.E 1050 feet to a marked corner, thence S.21.E. 630 feet to a marked corner, thence S.69.W 1050 feet to a marked corner of the edge of the Lanes Bridge Public Road, thence N.21.W along the edge of the Lanes Bridge Public Road a distance of 630 feet to the point of beginning. The aforestated tract as same appears of record in deed book 64, pp. 405-6, of the general records of Wayne County, Georgia. TRACT 2 . All that certain tract or parcel of land being of land lot number 78, in the third land district of originally Appling now Wayne County, Georgia, containing 4.6 acres, and adjoining on the northeast side a certain fifteen (15) acre tract in said land lot known as Tract No. 1 of the Department of Corrections. Said conveyed tract is bounded as follows: On the southwest 630 feet by said fifteen (15) acre Trace No. 1 of the Department of Corrections; on the northwest 462.7 feet by other lands of Mrs. Mildred Carter Edenfield, who is the same person as Mrs. Leo Edenfield, an established line dividing; on the Northeast 162 feet, and on the east 521.7 feet, by other lands of Mrs. Mildred Carter Edenfield, who is the same person as Mrs. Leo Edenfield, established lines dividing; and on the southeast 201.4 feet by other lands of Mrs. Mildred Carter Edenfield, who is the same person as Mrs. Leo Edenfield, an established line dividing. Said conveyed tract is more particularly shown on plat thereof by Percy A. Brannen, Surveyor, dated March 30, 1953, reference being had to said plat for all purposes, identified Tract No. 2. The aforesaid tract being as same appears of record in deed book 72, pp. 44-45 of the general record of Wayne County, Georgia. The aforesaid plat of State of Georgia, Department of Corrections is

Page 1380

as same appears of record in deed book 72, p. 38, of the general record of Wayne County, Georgia. and Whereas, said described property is limited in its size which thus restricts the expansion possibilities of the Wayne County Prison Branch situated thereon; and Whereas, Wayne County, Georgia, a political subdivision, acting by and through the board of commissioners of roads and revenues for Wayne County, Georgia, of the County of Wayne and State of Georgia is the owner of certain other real property which is desirable for and adaptable to the construction and maintenance of a State Prison Branch, said property being more fully described as follows: That certain tract or parcel of land lying and being in the third land district of originally Appling, now Wayne County, Georgia, consisting of 203.62 acres, more or less, lying in land lot number 148, being the south portion of said lot, and bounded as follows: On the east, south and west by lands of the International Paper Company, the original lot lines dividing; on the north by lands of the International Paper Company, the center of a certain road dividing; and on the northeast by the center of the run of Dry Creek. Said tract being the same land conveyed by Southern Kraft Timberland Corporation to A. V. Kennedy, et al., by deed dated November 9, 1948, recorded in deed book 65, folios 246-7, of the Wayne County records, more particularly shown by plat of same made by S. M. Gladstone dated September, 1948, attached to and recorded with the above described deed, and being the same land conveyed by A. V. Kennedy, et al., to H. Lindsay Grace by deed dated August 5, 1950, recorded in deed book 66, folios 19-20, of said records. This is the same land described in that certain warranty deed from A. E. Rentz to Olin Steedley dated November

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7, 1957, and recorded in deed book 85, folios 47-48, of the general records of Wayne County, Georgia. and Whereas, the State Board of Corrections is desirous of obtaining the last described aforestated real property now owned by Wayne County, Georgia, acting by and through the board of commissioners of roads and revenues for Wayne County, Georgia, of the County of Wayne and State of Georgia; and Whereas, Wayne County, Georgia, a political subdivision, acting by and through the board of commissioners of roads and revenues for Wayne County, Georgia, of the County of Wayne and State of Georgia is willing to convey the last described aforestated real property to the State of Georgia in exchange for the real property aforesaid first described herein; and Whereas, the last described aforestated real property now owned by Wayne County, Georgia, acting by and through the board of commissioners of roads and revenues for Wayne County, Georgia, of the County of Wayne and State of Georgia has an appraised value including the house, barn and buildings thereon of forty-five thousand six hundred seventy-five and 00/100 dollars ($45,675.00); and Whereas, the first described aforestated real property herein now owned by the State of Georgia has an appraised value including all buildings and improvements of thirty-one thousand nine hundred and 00/100 dollars ($31,900.00); 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 to convey, by deed or other written instrument of conveyance, to Wayne County, Georgia, a political subdivision, acting by and through the board of commissioners of roads and revenues for Wayne County, Georgia, of

Page 1382

the County of Wayne and State of Georgia all of the right, title and interest which the State of Georgia and the State Board of Corrections has or may have in the said real property first above described, subject to the execution by Wayne County, Georgia, a political subdivision, acting by and through the board of commissioners of roads and revenues for Wayne County, Georgia, of the County of Wayne and State of Georgia a deed conveying to the State Board of Corrections of Georgia a full and unencumbered fee simple title to said real property last above described, and subject to delivery of said deed to the State Board of Corrections of Georgia. Approved April 11, 1968. DISPOSAL OF GOVERNOR'S MANSION ON THE PRADO AUTHORIZED. No. 274 (House Resolution No. 728-1570). A Resolution. Amending a resolution authorizing the disposal of that tract of land on which is presently located the Governor's Mansion in Ansley Park, Atlanta, Georgia (Ga. L. 1966, p. 487), so as to name the grantee; to specify the sale price; to provide the terms of the conveyance; to repeal conflicting laws; and for other purposes. Whereas, at the 1966 session of the General Assembly, a Resolution, No. 174 (S. R. No. 83), was adopted, authorizing the disposal of that tract of land on which was then located the Governor's Mansion, in Ansley Park, Atlanta, Georgia; and Whereas, the construction of the new Executive Center has been completed; and Whereas, the Governor's Mansion in said Ansley Park has been vacated; and

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Whereas, the State Properties Control Commission, following the Governor's announcement of his expected date of moving, secured three appraisals of the value of said Governor's Mansion property and the improvements located thereon; and Whereas, the average of the three appraisals of the said Governor's Mansion property has been determined to be $170,000.00; and Whereas, the Ansley Park Civic Association, Inc., has evidenced an interest in acquiring said Mansion property; and Whereas, said Ansley Park Civic Association, Inc., is the only civic or non-profit organization which has evidenced interest in acquiring said Mansion property; and Whereas, said Resolution No. 174 contains a provision which, under a certain construction thereof, would prohibit said Ansley Park Civic Association, Inc., from financing the purchases of said Mansion Property. Now, therefore, be it resolved by the General Assembly of Georgia that said Resolution No. 174 (Ga. L. 1966, p. 487) is hereby amended as follows: 1. The Governor, acting for and in behalf of the State of Georgia, is hereby authorized and directed, upon receipt by him of the purchase price of $170,000.00 at any time within twelve (12) months from the effective date of this resolution, to convey the tract of land described in said resolution No. 174 to the Ansley Park Civic Association, Inc. for $170,000.00. 2. If the Ansley Park Civic Association, Inc. at any time conveys, rents, or otherwise in any way disposes of the tract of land described in said resolution No. 174 at a profit over and above the purchase price of $170,000.00 plus any costs incidental to the acquisition, ownership and sale of said tract of land, said Ansley Park Civic Association, Inc. shall pay over to the State of Georgia

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all such profit. Provided, however, the foregoing provision relating to the payment of any profit realized on any subsequent disposition of the tract of land described in said resolution No. 174 shall apply only to a disposition thereof by Ansley Park Civic Association, Inc. and shall not apply to any subsequent sale thereof by any grantee of the Ansley Park Civic Association, Inc. or any other subsequent grantee. 3. The following language contained in said resolution No. 174, to the extent that it is inconsistent with anything contained in this resolution, is hereby expressly repealed: 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. 4. All laws and parts of laws in conflict with this resolution are hereby repealed. Approved April 11, 1968. GOVERNOR'S TRAFFIC SAFETY STUDY COMMITTEE CREATED. No. 282 (House Resolution No. 781-1631). A Resolution. Creating the Governor's Traffic Safety Study Committee; and for other purposes. Whereas, for the past several years there has been created by the General Assembly, an interim study committee

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charged with the responsibility of studying the needs of this State as they relate to highway and traffic safety programs; and Whereas, recent developments at the federal level have made it mandatory that the several states devise a comprehensive highway and traffic safety program designed to reduce the number of traffic accidents, deaths, injuries and property damage; and Whereas, under the provisions of recently enacted federal legislation there is a continuing and pressing need for the adoption of laws and programs designed to reduce the number of traffic accidents in order that this State shall not be penalized through reduction of federal highway funds which are authorized to be received by the State. Now, therefore, be it resolved by the General Assembly of Georgia that there is hereby created the Governor's Traffic Safety Committee to be composed of four members of the House of Representatives to be appointed by the Speaker thereof, four Senators to be appointed by the Lieutenant Governor and four members, not legislative members, to be appointed by the Governor. The committee shall reassess the needs of this State insofar as highway traffic safety laws and programs are concerned. The committee is specifically charged with the responsibility of studying the feasibility of creating within the Executive Branch of the State Government, a Department of Motor Vehicles whereby all of the various agencies concerned with highway traffic safety and motor vehicle problems will be centered in one central department of the government. Be it further resolved that the Committee shall be authorized to meet for a period of ten (10) days unless the Speaker of the House and the Lieutenant Governor shall, by joint approval, allow an additional number of days. The legislative members of the Committee shall receive the expenses and travel allowances authorized for legislative members of interim legislative committees

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from the funds appropriated to or available to the legislative branch of government. The other members of the Committee shall, in the discretion of the Governor, receive the same expenses and travel allowances authorized for the legislative members from funds appropriated to or available to the executive branch of government. The Committee shall make a report of its findings and recommendations to the 1969 Session of the General Assembly. Approved April 11, 1968. FEE FOR PURCHASING MOTOR VEHICLE LICENSE PLATES BY MAIL. No. 1192 (House Bill No. 1342). An Act to amend an Act relating to the issuance of motor vehicle license plates in counties, approved March 9, 1955 (Ga. L. 1955, p. 659) as amended, particularly by an Act approved March 14, 1957 (Ga. L. 1957, p. 454), and an Act approved March 16, 1966 (Ga. L. 1966, p. 508), so as to increase the fee for the purchase of license plates by mail from 25 cents to 50 cents; 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 relating to the issuance of motor vehicle license plates in counties, approved March 9, 1955 (Ga. L. 1955, p. 659) as amended, particularly by an Act approved March 14, 1957 (Ga. L. 1957, p. 454) and an Act approved March 16, 1966 (Ga. L. 1966, p. 508), is hereby amended by striking from section 3-A of said Act the words 25 cents. and placing in lieu thereof the words 50 cents. wherever they appear in said section 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

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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 50 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. Section 2. This Act shall become effective with the application for motor vehicle license plates for the year 1969. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 11, 1968. THE BOARD OF TRUSTEES OF THE JOINT MUNICIPAL EMPLOYEES' RETIREMENT SYSTEM ACT AMENDED. No. 1199 (House Bill No. 970). An Act to amend an Act creating the Board of Trustees of the Joint Municipal Employees' Retirement System and providing for the establishment of a joint municipal retirement system, approved March 31, 1965 (Ga. L. 1965, p. 421), as amended by an Act approved March 16, 1966 (Ga. L. 1966, p. 539), so as to define the terms vesting, vested right, and vested benefit; to provide for the inclusion of disability retirement benefits; to provide for the inclusion of vesting provisions; to provide for minimum age designations for early retirement; to provide for minimum age designations for normal retirement; to provide for deferred retirement provisions; to provide for coverage for the employees of the Georgia Municipal Association; 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 Employees' Retirement System and providing

Page 1388

for the establishment of a Joint Municipal Retirement System, approved March 31, 1965 (Ga. L. 1965, p. 421; as amended by Ga. L. 1966, p. 539), is hereby amended by adding to the end of section 2 the following subparagraph: (10) `Vesting, vested right; or vested benefit' shall mean any rights of an employee to the benefits attributable to a city's contributions under the plan, in the event of the employee's termination of employment prior to retirement. Definitions. Section 2. 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 and disability retirement benefits, for its employees, 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. Each municipal corporation is authorized to make reasonable classfications 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 benefits or for fixed benefits, and such plans may provide for optional settlement benefits which are determined by the Board to be actuarially equivalent

Page 1389

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 and/or disability retirement 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 3. Said Act is further amended by striking section 10 in its entirety and substituting in lieu thereof a new section 10 to read as follows: Section 10. Such plans shall provide that contributions made by a participating employee shall be returned to such employee or his estate in the event of death before retirement. In the event he is separated from municipal employment prior to the time he is eligible for retirement benefits such contributions shall be returned, unless the employee chooses to claim his vested benefits, in which case the employee contributions shall remain with the Fund until such time as he becomes eligible for the vested benefits. Such contributions may be returned without interest, or with such interest as provided in the plan. Plans. Section 4. Said Act is further amended by striking section 12 in its entirety and substituting in lieu thereof a new section 12 to read as follows: Section 12. Each municipal corporation is hereby authorized in its plan and contract as provided in section 9, to include such provisions as are necessary for the development

Page 1390

of a suitable plan, subject to the approval of the Board, and including but not limited to the following: (1) minimum age at entry into its plan; Same. (2) minimum years of service at entry into its plan; (3) maximum years of credited service allowable; (4) provisions relating to separation and return to employment; provided, that the Board is authorized to reject any contract provision which it determines to be actuarially unsound or which it determines would create an undue administrative burden; (5) the type of benefit, fixed or money purchase, and the death benefits, if any, to be provided; (6) the type of vesting provisions, if any, to be provided; (7) the type of disability retirement provision, if any, to be provided; (8) minimum years of required participation in the plan; (9) any other provisions, as approved by the Board, necessary to provide the intended benefits. Section 5. Said Act is further amended by striking section 13 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 may be determined by the municipal corporation. Each municipal corporation may provide in its plan for a normal retirement age. Each municipal corporation may defer retirement of an employee who has reached normal retirement age. Early retirement. Section 6. Said Act is further amended by adding a new section to be known as section 9a. and to read as follows:

Page 1391

Section 9a. The Board is hereby empowered to establish a retirement plan, which may include death benefits and disability retirement benefits, for the employees, as defined herein, of the Georgia Municipal Association, and to implement such plan by contract with the Board of Directors of the Georgia Municipal Association in accordance with the rules and regulations promulgated by the Board for contracts with municipal corporations. Said plan shall be approved by a majority vote of all the members of the Board of Directors of the Georgia Municipal Association. The Georgia Municipal Association shall pay its respective portion of the administrative costs of the Board in administering the system. Georgia Municipal Association. Such plan may make reasonable classifications of employees and provide for the integration of such plan with social security benefits. A Plan enacted pursuant to this section of this Act may provide for money purchase benefit or of fixed benefit, and such plan 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 the Board of Directors of the Georgia Municipal Association 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 Georgia Municipal Association, and that the Board does not guarantee the fixed amount. Such plan may provide for death benefits and disability retirement benefits in addition to retirement benefits. Such plan may provide for the Georgia Municipal Association 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. The Georgia Municipal Association shall not have a voting right as provided for municipal corporations under section 5 of this Act.

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(1) The definition of `Member Municipality' in section 2 (3), of this Act, shall be interpreted to include the Georgia Municipal Association, except with respect to Section 9. (2) The definition of `Employee' in section 2 (5), of this Act shall be interpreted to include any full-time salaried, or hourly-rated employee of the Georgia Municipal Association. (3) The definition of `Participating Employee' in section 2 (6), of this Act, shall be interpreted to include an employee of the Georgia Municipal Association for whom contributions to the retirement system are being made under a contract. Section 7. All laws and parts of laws in conflict herewith are hereby repealed. Approved April 11, 1968. EQUAL PAY FOR EQUAL WORK ACT AMENDED. No. 1200 (House Bill No. 1198). An Act to amend an Act providing for equal pay for both males and females for comparable work on jobs which have comparable requirements relating to skill, effort and responsibility, approved March 18, 1966 (Ga. L. 1966, p. 582), so as to define employer; to define commissioner; to prescribe the powers and duties of the commissioner; to provide for summoning witnesses and issuing subpeonas; to provide for issuing orders requiring appearance; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for equal pay for both males and females for comparable work on jobs which have comparable requirements relating to skill, effort and responsibility,

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approved March 18, 1966 (Ga. L. 1966, p. 582), is hereby amended by adding at the end of subsection (b) of section 2 the following: The term `employer', as used in this Act, shall mean an employer who is engaged in intrastate commerce., so that when so amended subsection (b) of section 2 shall read as follows: Definitions. (b) Employer includes any person employing ten (10) or more employees and acting directly or indirectly in the interest of an employer in relation to an employee. The term `employer', as used in this Act, shall mean an employer who is engaged in intrastate commerce. Section 2. Said Act is further amended by adding a new subsection at the end of section 2 to be designated as subsection (g) to read as follows: (g) `Commissioner' means the Commissioner of Labor of the State of Georgia. Same. Section 3. Said Act is further amended by adding a new section, to be known as section 3A to read as follows: Section 3a. Powers of Commissioner . (a) The Commissioner shall have the power and it shall be his duty to carry out the provisions of this Act and for this purpose, the Commissioner, or his authorized representative, shall have the power to: (1) Work with any employer to insure that all employees are receiving comparable pay for comparable work on jobs which have comparable requirements relating to skill, effort and responsibility; (2) Work with any employer so that the character of the work and operations on which persons are employed can be compared, to question such persons, and to obtain such other information as is reasonably necessary to the administration and enforcement of this Act;

Page 1394

(3) Eliminate pay practices unlawful under the provisions of this Act by informal methods of conference, conciliation and persuasion; and (4) The Commissioner shall have the authority to issue such rules and regulations appropriate to the carrying out of the provisions of this Act. (b) The Commissioner of Labor is hereby authorized to request witnesses to appear and to produce pertinent records for examination by the Commissioner or his authorized representative in the county of the place of business of the employer, and such witnesses shall be paid the same fees as are allowed witnesses attending the superior courts of this State. In the event of failure of a person to attend, testify or produce records voluntarily, the Commissioner may make application to the superior court of the county in which the business is located, and after notice and hearing the court, in its discretion, upon proper cause shown, may issue an order requiring the person to appear before the Commissioner or his authorized representative and testify or produce records as requested by the Commissioner. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 11, 1968. PLANNING COMMISSION ACT OF 1957 AMENDED. No. 1201 (House Bill No. 1420). An Act to amend an Act authorizing the governing authorities of municipalities and counties to establish planning commissions, approved March 13, 1957 (Ga. L. 1957, p. 420), as amended by an Act approved March 17, 1958 (Ga. L. 1958, p. 169), an Act approved March 17, 1959 (Ga. L. 1959, p. 335), an Act approved March 17, 1960 (Ga. L. 1960, p. 1037), an Act approved March 10, 1964 (Ga. L. 1964, p. 259), an Act approved April 5, 1965 (Ga. L. 1965,

Page 1395

p. 536), an Act approved March 17, 1967 (Ga. L. 1967, p. 109), and an Act approved April 14, 1967 (Ga. L. 1967, p. 611), so as to authorize municipalities and counties to create a planning department; to provide for the powers of such department; to provide the procedures connected therewith; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act authorizing the governing authorities of municipalities and counties to establish planning commissions approved March 13, 1957 (Ga. L. 1957, p. 420), as amended by an Act approved March 17, 1958 (Ga. L. 1958, p. 169), an Act approved March 17, 1959 (Ga. L. 1959, p. 335), an Act approved March 17, 1960, (Ga. L. 1960, p. 1037), an Act approved March 10, 1964 (Ga. L. 1964, p. 259), an Act approved April 5, 1965 (Ga. L. 1965, p. 536), an Act approved March 17, 1967 (Ga. L. 1967, p. 109), and an Act approved April 14, 1967 (Ga. L. 1967, p. 611), is hereby amended by inserting between section 1 and section 2 a new section to be designated as section 1A to read as follows: Section 1A. Planning Department: Creation, and transfer of functions, powers and duties . The governing authority of any municipality, by ordinance, and of any county, by resolution, may create and establish, in addition to a planning commission, a planning department and may transfer to it any or all of the functions, powers and duties of a planning commission. The governing authority of any such municipality or county may appoint a planning director who shall be responsible for supervising and administering the affairs of the planning department. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 11, 1968.

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MUNICIPAL TAXATION OF LIFE INSURANCE COMPANIES. Code 56-1310 Amended. No. 1202 (House Bill No. 1549). An Act to amend Code section 56-1310 (2) (b), relating to the power of municipal corporations to impose and collect a tax on gross direct premiums of life insurance companies, so as to provide that such tax shall be based solely upon such gross direct premiums as are received during the preceding calendar year from policies insuring persons residing within the corporate limits of such municipal corporation; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 56-1310 (2) (b), relating to the power of municipal corporations to impose and collect a tax on gross premiums of life insurance companies, is hereby amended by striking in said section the words upon the lives of and by inserting in lieu thereof the word insuring, so that said section 56-1310 (2) (b), when so amended shall read as follows: 56-1310 (2) (b) A tax on each life insurance company doing business within the municipal corporate limits which shall be based solely upon such gross direct premiums, as defined in section 56-1303, as are received during the preceding calendar year from policies insuring persons residing within the corporate limits of such municipal corporation; provided, however, that the rate of such tax may not exceed one (1%) per cent of such premiums. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 11, 1968.

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PLANNING COMMISSIONS ACT OF 1957 AMENDED. No. 1224 (House Bill No. 1217). An Act to amend an Act authorizing the governing authorities of municipalities and counties to establish planning commissions, approved March 13, 1957 (Ga. L. 1957, p. 420), as amended by an Act approved March 17, 1958 (Ga. L. 1958, p. 169), an Act approved March 17, 1959 (Ga. L. 1959, p. 335), an Act approved March 17, 1960 (Ga. L. 1960, p. 1037), an Act approved March 10, 1964 (Ga. L. 1964, p. 259), an Act approved April 5, 1965 (Ga. L. 1965, p. 536), an Act approved March 17, 1967 (Ga. L. 1967, p. 109), and an Act approved April 14, 1967 (Ga. L. 1967, p. 611), so as to remove restrictions which limit the appointment of public officials to planning commissions; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act authorizing the governing authorities of municipalities and counties to establish planning commissions, approved March 13, 1957 (Ga. L. 1957, p. 420), as amended by an Act approved March 17, 1958 (Ga. L. 1958, p. 169), an Act approved March 17, 1959 (Ga. L. 1959, p. 335), an Act approved March 17, 1960 (Ga. L. 1960, p. 1037), an Act approved March 10, 1964 (Ga. L. 1964, p. 259), an Act approved April 5, 1965 (Ga. L. 1965, p. 536), an Act approved March 17, 1967 (Ga. L. 1967, p. 109), and an Act approved April 14, 1967 (Ga. L. 1967, p. 611), is hereby amended by striking from section 1 the following sentence: A majority of the members of a planning commission, except multi-county planning commissions, shall be persons who hold no other public office in the municipality or county from which they are appointed., so that when so amended section 1 shall read as follows: Section 1. Planning Commissions: Creation and Appointment . The governing authority of each municipality in this State is authorized to create by ordinance a municipal

Page 1398

planning commission. The governing authority of each county in this State is authorized to create by resolution a county planning commission. Any two or more municipalities are authorized to create a joint planning commission. Any two or more counties are authorized to create a joint planning commission. Any one or more counties and any one or more municipalities in any one or more of these counties are authorized to create a joint planning commission. The governing authority of any municipality or county that has participated or participates in creating a joint planning commission may continue and may create or retain its own local planning commission whether under the authority of a private act, general enabling legislation, or other authority. Any county or municipality which has or which may create its own local planning commission and which also participates in a joint planning commission may specify in the respective resolutions or ordinances which powers granted shall be exercised by the local planning commission and also the joint planning commission. Wherever the terms, `Municipal-Planning Commission', `County Planning Commission', or `Municipal-County Planning Commission', are used hereinafter, they shall be construed to mean and shall include any planning commission established hereunder. The governing authorities of the political subdivision or subdivisions creating a planning commission shall select the name of the commission, but such name must include the term `Planning Commission'. A planning commission shall be composed of members who shall be appointed by the governing authority or authorities of the political subdivision or subdivisions creating the commission. Ex-officio members of the commission who hold public office shall serve on the commission during the time they hold such public office. Other members of the commission shall be appointed for overlapping terms of three, four or five years and shall serve until their successors are appointed. Original appointments may be made for a lesser number of years so that the terms of said members shall be staggered. The compensation of the members, if any, shall be determined by the governing authority or authorities of the political subdivision or subdivisions creating the commission. Any vacancy in the membership of a planning commission shall be filled for the unexpired term in the same manner as the original appointment. The governing

Page 1399

authority or authorities of the political subdivision or subdivisions creating the commission are hereby authorized to remove any member of the commission for cause after written notice and public hearing. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1968. STATE BOARD OF CORRECTIONS. No. 1225 (House Bill No. 742). An Act to amend an Act comprehensively and exhaustively revising, superseding and consolidating the laws relating to the State Board of Corrections and to prisons, public works camps and prisoners, approved February 20, 1956 Ga. L. 1956, p. 161), as amended, particularly by an Act approved March 13, 1957 (Ga. L. 1957, p. 477), an Act approved March 7, 1961 (Ga. L. 1961, p. 127), an Act approved March 18, 1964 (Ga. L. 1964, p. 489), an Act approved March 18, 1964 (Ga. L. 1964, p. 495), and an Act approved March 25, 1964 (Ga. L. 1964, p. 734), so as to provide for additional rehabilitative facilities and programs under the jurisdiction, supervision, and direction of the Board of Corrections; to provide for certain privileges for certain inmates; to provide for a work release plan for certain inmates; to provide a method for compensating certain inmates employed in prison industry; to change the provisions relating to educational and recreational opportunities for prisoners; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act comprehensively and exhaustively revising, superseding and consolidating the laws relating to the State Board of Corrections and to prisons, public works camps and prisoners, approved February 20, 1956 (Ga. L.

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1956, p. 161), as amended, particularly by an Act approved March 13, 1957 (Ga. L. 1957, p. 477), an Act approved March 7, 1961 (Ga. L. 1961, p. 127), an Act approved March 18, 1964 (Ga. L. 1964, p. 489), an Act approved March 18, 1964 (Ga. L. 1964, p. 495), and an Act approved March 25, 1964 (Ga. L. 1964, p. 734), is hereby amended by striking from section 13 of said Act subsection (b) and (d) in their entirety and inserting in lieu thereof a new subsection (b) and a new subsection (d) to read as follows: (b) Where any person shall be convicted of any offense, misdemeanor or felony, and sentenced to serve time in any penal institution in this State other than as hereinbefore provided, he shall be committed to the custody of the Director of Corrections, who, with the approval of the State Board of Corrections, shall designate the place of confinement where the sentence shall be served. Confinement of prisoners. 1. The Director of Corrections may designate as a place of confinement any available, suitable, and appropriate correctional institution or public works camp in this State, operated under the jurisdiction or supervision of the Board of Corrections, anything in such sentence to the contrary notwithstanding. Said Director, with the approval of the State Board of Corrections, shall also have sole authority to transfer prisoners from one correctional institution or public works camp in this State to any other operated by or under the jurisdiction or supervision of or approved by the State Board of Corrections. Neither the Director nor the Board shall have authority to assign male or female prisoners to serve in any manner in a county jail. Places of confinement. 2. The Director of Corrections may extend the limits of the place of confinement of a prisoner as to whom there is reasonable cause to believe he will honor his trust, by authorizing him, under prescribed conditions; provided, however, that the limits of confinement shall not be extended for an inmate or prisoner if there is a request or need for them in county work camps or prison branches: Limits of confinement, work and raining. (a) work at paid employment or participate in a training program in the community on a voluntary basis while continuing

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as a prisoner of the institution to which he is committed, provided that: (i) representatives of local union central bodies or similar labor union organizations are consulted; (ii) such paid employment will not result in the displacement of employed workers, or be applied in skills, crafts, or trades in which there is a surplus of available gainful labor in the locality, or impair existing contracts for services, and (iii) the rates of pay and other conditions of employment will not be less than those paid or provided for work of similar nature in the locality in which the work is to be performed. A prisoner authorized to work at paid employment in the community under the provisions of this Subsection shall surrender to the Director of Corrections his earnings less standard payroll deductions required by law. After deducting from the earnings of each prisoner an amount determined to be the cost of the prisoner's keep and confinement, which sum shall be deposited in the Treasury of the State Board of Corrections, the Director of Corrections shall (1) Allow the prisoner to draw from the balance a reasonable sum to cover his incidental expenses; (2) Retain to the prisoner's credit such amount as deemed necessary to accumulate a reasonable sum to be paid to him on his release from prison; (3) Cause to be paid any additional balance as is needed for the support of the prisoner's dependents. No prisoner employed in the free community under the provisions of this Subsection shall be deemed to be an agent, employee, or involuntary servant of the State Department of Corrections while working in the free community or going to and from such employment. 3. The willful failure of a prisoner to remain within the extended limits of his confinement, or to return within the time prescribed to an institution designated by the Director

Page 1402

of Corrections, shall be deemed an escape from a penitentiary or public works camp and punishable by law. (d) Within a reasonable time thereafter, the Director of Corrections shall assign such prisoner to a correctional institution designated by him in accordance with paragraph (b) of this section. It shall be the financial responsibility of such correctional institution to provide for the picking up and transportation, under guard, of such prisoner to his assigned place of detention. If such prisoner was assigned to a county public works camp or other county facility, such county shall assume such duty and responsibility. Section 2. Said Act is further amended by adding at the end of subsection (a) of section 22 between the word profit and the period (.), the following: , except as provided for in section 13 of this Act; so that when so amended subsection (a) of section 22 shall read as follows: (a) The State Board of Corrections shall provide rules and regulations governing the hiring out of prisoners by any penal institution under its authority to municipalities, cities, the State Highway Department, or any other political subdivision, public authority, public corporation, or agency or State or local government, which are hereby authorized to contract for and receive said prisoners, but such prisoners shall not be hired out to private persons or corporations, nor shall any instrumentality of government hereinbefore authorized to utilize prison labor use such labor in a business conducted for profit, except as provided for in Section 13 of this Act. Rules. Section 3. Said Act is further amended by adding to the end of Subsection (c) of Section 22 the following: The State Board of Corrections is authorized, pursuant to rules and regulations adopted by said Board, to pay compensation of not more than twenty-five ($25.00) per month from funds available to said Board to each prisoner employed in any industry., Compensation of prisoners.

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so that when so amended subsection (c) of Section 22 shall read as follows: (c) Funds arising from the sale of goods or other products manufactured or produced by any prison operated by the State Board of Corrections shall be deposited with the treasury of the State Board of Corrections. Such funds arising from the sale of goods and products produced in a county public works camp, or from the hiring of prisoners shall be placed in the treasury or depository of such county, as the case may be. The State Board of Corrections is authorized, pursuant to rules and regulations adopted by said Board, to pay compensation of not more than twenty-five dollars ($25.00) per month from funds available to said Board to each prisoner employed in any industry. Section 4. Said Act is further amended by striking in its entirety section 23 thereof and substituting in lieu thereof a new section 23 to read as follows: Section 23. (a) The State Board of Corrections, acting along or in cooperation with the State Department of Education, the State Board of Regents, or the several State, local and federal agencies concerned therewith, shall be authorized to institute a program of rehabilitation which may include academic, industrial, mechanical, agricultural, and vocational training within the confines of the prison. Training. (b) The State Board of Corrections, in institutions and facilities under its control and supervision, shall give the prisoners opportunity for reasonable educational, religious and recreational activities where practical. Section 5. Officials and employees of the Corrections Department shall respect the confidential nature of information supplied by inmates who cooperate in the remedy of abuses and wrongdoing in the system. Any official or employee who breaks such a confidence and thereby subjects a cooperating inmate to physical jeopardy or harassment shall be subject to suspension or discharge. Confidential information.

Page 1404

Section 6. Said Act is further amended by adding at the end of section 24 a new Subsection to be known as subsection 24 (d) to read as follows: (d) Discharge . A prisoner shall be released at the expiration of his term of sentence less the time deducted for statutory and extra good time allowances. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 12, 1968. PRESTIGE LICENSE PLATES ACT. No. 1226 (House Bill No. 903). An Act to provide for the issuance of special personalized prestige license plates; to provide for a short title; to provide for the year in which issuance of such plates shall begin; to provide for the establishment of procedures and promulgation of rules and regulations by the Revenue Commissioner; to provide that this Act is intended to be supplemental to other motor vehicle licensing laws; 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 Prestige License Plates Act. Short title. Section 2. Owners of motor vehicles, who are residents of Georgia, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles and upo the payment of a fee of ten ($10.00) dollars in addition to the regular motor vehicle registration fee, shall be issued a special personalized prestige license plate by the State Revenue Commissioner. Fees. Section 3. For the purpose of this Act a license plate with a low number or special number may also be considered as a prestige or personalized plate. Definitions.

Page 1405

Section 4. The State Revenue Commissioner may begin issuing special personalized prestige license plates for the year 1969 and annually thereafter. Effective date. Section 5. The State Revenue Commissioner is hereby authorized to establish procedures and promulgate rules and regulations for carrying out the provisions of this Act. Rules. Section 6. This Act is supplemental to the motor vehicle licensing laws of Georgia, and nothing herein shall be construed as abridging or repealing such laws. Intent. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 12, 1968. TEACHERS' RETIREMENT SYSTEM ACT AMENDED. No. 1227 (House Bill No. 1000). An Act to amend an Act establishing a retirement system for the teachers in the State Public Schools and other State supported schools, approved March 19, 1943 (Ga. L. 1943, p. 640), as amended, so as to provide that a current member who was previously a member of the Employees' Retirement System and who withdrew his contributions from the Employees' Retirement System may establish the service under the Employees' Retirement System as creditable service under this System under certain conditions; to provide that members of the Employee's Retirement System of Georgia who become subject to the provisions of the Teachers' Retirement System of Georgia may transfer their credits to the Teachers' Retirement System of Georgia; to provide the procedure connected therewith; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing a retirement system for the teachers in the State Public Schools and other State supported

Page 1406

schools, approved March 19, 1943 (Ga. L. 1943, p. 640), as amended, is hereby amended by adding in section 4 a new subsection immediately following subsection (5A) of section 4 to be designated subsection (5B) and to read as follows: (5B) Any current member who was previously a member of the Employees' Retirement System and who withdrew his contributions from the Employees' Retirement System not more than one time may establish the service under the Employees' Retirement System as creditable service under this System, after having at least five (5) years service as a contributing member of this System, provided such member pays into this System an amount equal to the minimum required for continuous members of this System for all such service under the Employees' Retirement System plus any interest that would have accrued on such amount from the date of the withdrawal of contributions from the Employees' Retirement System to the date of payment as provided herein. The Employees' Retirement System shall pay to this System the employer contribution paid to the Employees' Retirement System, plus accrued interest thereon, for any member establishing creditable service, as provided herein, upon receipt of notice from this System, and the member applying for such creditable service shall be required to pay, in addition to the employee contribution provided for above, the difference between the employer contribution paid under the Employees' Retirement System and the employer contribution that would have been paid under this System for the period of time covered by the creditable service applied for plus accrued interest thereon. Transfer of credits. Section 2. Said Act is further amended by striking Section 9A in its entirety and substituting in lieu thereof a new section 9A to read as follows: Section 9A. Any other provisions of law to the contrary notwithstanding, any member who has service credits with the Employees' Retirement System of Georgia may have such service credits including employer and employee contributions transferred to the Teachers' Retirement System of Georgia. Any member who elects to transfer such service

Page 1407

credits shall notify the Board of Trustees of the Teachers' Retirement System in writing of his election to transfer such service credits. Provided, however, such transferred service credits shall not be used in determining the qualifications of a member for benefits other than vested rights, disability, death or normal service retirement. Provided, however, that said employee be required to make additional contributions to the Teachers' Retirement System of Georgia so that his annuity account balance will be the same as though he has been a member subsequent to July 1, 1956 of the Teachers' Retirement System of Georgia during the period of membership service, or in the absence of such payment by the individual, the Teachers' Retirement System shall adjust his credits in proportion to the said transferred contributions by the Employee's Retirement System to the Teachers' Retirement System of Georgia. Same. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 12, 1968. EMPLOYEES' RETIREMENT SYSTEM ACT AMENDED. No. 1228 (House Bill No. 1001). An Act to amend an Act establishing an Employees' Retirement System, approved February 3, 1949 (Ga. L. 1949, p. 138), as amended, particularly by an Act approved February 27, 1962 (Ga. L. 1962, p. 126), so as to provide that current members who have previously withdrawn contributions from the Employees' Retirement System or the Teachers' Retirement System may re-establish such creditable service as he would have been eligible for under either system had he not withdrawn contributions; to provide the conditions under which such creditable service may be re-established; to provide that members of the Teachers' Retirement System of Georgia who become subject to the provisions of the Employees' Retirement System of Georgia may transfer their credits to the Employees'

Page 1408

Retirement System of Georgia; to provide the procedure connected therewith; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing an Employees' Retirement System, approved February 3, 1949 (Ga. L. 1949, p. 138), as amended, particularly by an Act approved February 27, 1962 (Ga. L. 1962, p. 126), is hereby amended by striking subsection (11) of section 4 which was added by said amendatory Act, approved February 27, 1962 (Ga. L. 1962, p. 126), in its entirety and substituting in lieu thereof a new subsection of section 4 to be designated subsection (12) and to read as follows: (12) Any current member having previously withdrawn his contributions not more than two times from the Employees' Retirement System and/or the Teachers' Retirement System of Georgia, may, after five (5) years active service as a contributing member, re-establish such creditable service as he would have been eligible for as a member of either System had he not withdrawn his contributions, upon his payment into the System a sum equal to the amount withdrawn from either System, plus regular interest at the rate of four and one-fourth percent (4%) per annum from the date of his withdrawal to the date of repayment, and such interest shall be placed in the Pension Accumulation Fund. For any member having repaid into the Employees' Retirement System contributions previously withdrawn from the Teachers' Retirement System, a comparable employer contribution shall be paid to the Employees' Retirement System by the Teachers' Retirement System, plus accrued interest thereon, upon receipt of notice from this System. Transfer of credits, etc. Section 2. Said Act is further amended by striking subsection (9) of section 8 in its entirety and inserting in lieu thereof a new subsection (9) of section 8 to read as follows: (9) Any other provisions of law to the contrary notwithstanding, any member who has service credits with the

Page 1409

Teachers' Retirement System of Georgia may have such service credits including employer and employee contributions transferred to the Employees' Retirement System of Georgia. Any member who elects to transfer such service credits shall notify the Board of Trustees of the Employee's Retirement System in writing of his election to transfer such service credits. Provided, however, such transferred service credits shall not be used in determining the qualifications of a member for benefits other than vested rights, disability, death or normal service retirement. Same. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 12, 1968. PLANNING COMMISSIONS ACT OF 1957 AMENDED. No. 1231 (House Bill No. 1277). An Act to amend an Act authorizing the governing authorities of municipalities and counties to establish planning commissions, approved March 13, 1957 (Ga. L. 1957, p. 420), as amended by an Act approved March 17, 1958 (Ga. L. 1958, p. 169), and an Act approved March 17, 1959 (Ga. L. 1959, p. 335), so as to require a brief description of the property sought to be rezoned to be published in a newspaper of general circulation in the county by the secretary of the planning commission; to provide that the authority of the municipality or county where the property to be rezoned is located shall not have to hold a public hearing if the municipal-county planning commission has already done so in order to amend a zoning ordinance or resolution; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act authorizing the governing authorities of municipalities and counties to establish planning commissions,

Page 1410

approved March 13, 1957 (Ga. L. 1957, p. 420), as amended by an Act approved March 17, 1958 (Ga. L. 1958, p. 169), and an Act approved March 17, 1959 (Ga. L. 1959, p. 335), is hereby amended by striking section 10 in its entirety and inserting in lieu thereof a new section 10 to read as follows: Section 10. Zoning: Amendments . The zoning ordinance or resolution, including the maps, may be amended from time to time; but no amendment shall become effective unless it shall have been proposed by or shall first have been submitted to the municipal planning commission, the county planning commission, or the municipal-county planning commission for review and recommendation. The planning commission shall have thirty (30) days within which to submit its report. If the planning commission fails to submit a report within the thirty (30) day period, it shall be deemed to have approved the proposed amendment. The provisions of the previous section relative to public hearings and official notice shall apply equally to all amendments. However, the governing authority of the municipality and county may, by joint resolution, authorize a municipal-county planning commission to hold all the public hearings in lieu of the public hearing required by the governing authority of the municipality and county, and when so authorized by ordinance or resolution by the governing authority of the municipality and county the municipal-county planning commission shall hold a public hearing thereon; at least 15 days' notice of the time and place together with a brief description of the property sought to be rezoned, shall be published in a newspaper of general circulation in the county by the secretary of the respective planning commission before enacting any amendment to the zoning ordinance or resolution, including the maps, and when said public hearing is held as required herein by the municipal-county planning commission a public hearing by the governing authority of the municipality or county wherein the property under consideration is located shall not be necessary before amending the said zoning ordinance or resolution including the maps thereof by the governing authority of the municipality or county wherein the property effected is located.

Page 1411

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 12, 1968. DEPARTMENT OF INDUSTRY AND TRADEEXPENSES. No. 1236 (House Bill No. 1636). An Act to amend an Act creating the Department of Commerce (now the Department of Industry and Trade), approved February 7, 1949 (Ga. L. 1949, p. 249), as amended by an Act approved February 15, 1950 (Ga. L. 1950, p. 182), an Act approved February 19, 1956 (Ga. L. 1956, p. 46), an Act approved March 17, 1959 (Ga. L. 1959, p. 262), an Act approved March 6, 1962 (Ga. L. 1962, p. 694), and an Act approved March 3, 1964 (Ga. L. 1964, p. 181) so as to empower the director to reimburse authorized personnel of the Department for the actual cost incurred in the pursuit of official business for all meals, taxis, parking, and the rental of automobiles when the use of such vehicles is less expensive or more efficient than other commercial transportation; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Department of Commerce (now the Department of Industry and Trade), approved February 7, 1949 (Ga. L. 1949, p. 149), as amended by an Act approved February 15, 1950 (Ga. L. 1950, p. 182), an Act approved February 19, 1956 (Ga. L. 1956, p. 46), an Act approved March 17, 1959 (Ga. L. 1959, p. 262), an Act approved March 6, 1962 (Ga. L. 1962, p. 694), and an Act approved March 3, 1964 (Ga. L. 1964, p. 181) is hereby amended by adding at the end of section 6 the following, The director is further authorized and empowered to reimburse authorized personnel of the Department for the actual cost incurred in the pursuit of official business for all meals,

Page 1412

taxis, parking, and the rental of automobiles when the use of such vehicles is less expensive or more efficient than other commercial transportation,, so that when so amended section 6 shall read as follows: Section 6. There is hereby created the office of director of the Department of Industry and Trade who shall be executive officer and administrative head of the department. The director shall be appointed by and serve at the pleasure of the board. His compensation shall be fixed by the board. The director shall assist the board in the performance of its duties, powers, authority, and jurisdiction as the board shall provide. The director shall receive expenses, including mileage, as do other State officials and employees. The board is hereby authorized to designate an assistant director and such other employees as are necessary to carry out and effectuate the provisions of this Act. Any other provisions of law to the contrary notwithstanding, for the purposes of promoting and encouraging economic and industrial development in Georgia, the director is hereby authorized and empowered to purchase, through the State Purchasing Department as other purchases are made, passenger carrying equipment, including, but not limited to, motor vehicles and aircraft, of whatever type and kind determined advisable. The director is further authorized and empowered to reimburse authorized personnel of the Department for the actual cost incurred in the pursuit of official business for all meals, taxis, parking, and the rental of automobiles when the use of such vehicles is less expensive or more efficient than other commercial transportation. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 12, 1968.

Page 1413

FEES OF COUNTY SURVEYORS. Code 23-1109 Amended. No. 1237 (House Bill No. 1650). An Act to amend Code section 23-1109, relating to fees of county surveyors, as amended, so as to make the provisions pertaining to counties with populations of 17,000 or over apply to counties with less than 17,000 population; to strike the fee schedule for county surveyors of counties with less than 17,000 population; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 23-1109, relating to fees of county surveyors, as amended, is hereby amended by striking said Code section in its entirety and inserting in lieu thereof a new Code section 23-1109 to read as follows: 23-1109. Fees . 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; (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 chainbearer and provisions; (g) A plat of homestead, affidavit and return;

Page 1414

(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 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 12, 1968. INSURANCE CODE AMENDEDAIRCRAFT LIABILITY POLICIES. Code 56-2439 Enacted. No. 1238 (Senate Bill No. 117). An Act to amend Chapter 56-24 of Title 56 of the Code of Georgia of 1933, as amended, relating to insurance, and more particularly to the insurance contract in general, by adding a new section 56-2439 to prohibit an insurer from excluding or denying coverage because an aircraft has been operated in violation of Federal, State or local law, with provisions as to certain specific exclusions or conditions not thereby prohibited; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Chapter 56-24 or Title 56 of the Code of Georgia of 1933, as amended, relating to insurance, and more particularly to the insurance contract in general, is hereby amended by adding a new section 56-2439 to read as follows:

Page 1415

56-2439. Exclusionary clause; aircraft insurance . No policy of insurance issued or delivered in this State covering any loss, expense or liability arising out of the ownership, maintenance or use of an aircraft shall exclude or deny coverage because the aircraft is operated in violation of civil air regulations pursuant to Federal, State or local laws or ordinances. This section does not prohibit the use of specific exclusions or conditions in any such policy which relates to any of the following: a) Certification of an aircraft in a stated category by the Federal Aviation Administration. b) Certification of a pilot in a stated category by the Federal Aviation Administration. c) Establishing requirements for pilot experience. d) Establishing limitations on the use of the aircraft. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 12, 1968. INSURANCE CODE AMENDEDUNINSURED MOTORIST POLICIES. Code 56-407A Amended. No. 1243 (Senate Bill No. 320). An Act to amend Code section 56-407A, relating to motor vehicle liability insurance requirements and uninsured motor vehicle coverage, as amended, so as to provide that the uninsured motor vehicle endorsement may contain provisions which exclude the insurer from liability for injury or destruction to property of the insured for which

Page 1416

he has been compensated by other property or physical damage insurance; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 56-407A, relating to motor vehicle liability insurance requirements and uninsured motor vehicle coverage, as amended, is hereby amended by adding at the end thereof a new subsection (g) to read as follows: (g) The endorsement or provisions of such policy providing the coverage required by this Code section may contain provisions which exclude any liability of the insurer for injury or destruction of property of the insured for which he has been compensated by other property or physical damage insurance. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 12, 1968. TORTSLIABILITY OF OWNERS OF WATERCRAFT. Code 105-108.1 Enacted. No. 1244 (Senate Bill No. 325). An Act to amend Code Chapter 105-1, relating to miscellaneous tort provisions, so as to provide that the owner of a watercraft shall be liable for any tort caused by the operation of such watercraft when it is operated with the owner's consent; to provide for certain definitions; to provide that when the watercraft is operated by a member of the owner's immediate family, it shall be presumed that the watercraft is operated with the consent of the owner; to repeal conflicting laws; and for other purposes.

Page 1417

Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 105-1, relating to miscellaneous tort provisions, is hereby amended by adding between Code sections 105-108 and 105-109 a new Code section to be known as Code section 105-108.1 to read as follows: 105-108.1. Liability of the owner of a watercraft . (a) Unless clearly indicated otherwise by the context of this Section, the following words when used in this section shall have the meanings ascribed to them as follows: (1) `Watercraft' means any boat, vessel or craft other than a seaplane used as a means of transportation on water. (2) `Owner' means a person other than the secured party having title to personal property or having the use and possession of personal property subject to a security interest. (b) The owner of a watercraft shall be liable for any tort caused by the operation of such watercraft in the same manner and to the same degree as is the owner of an automobile liable for torts caused by its operation. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 12, 1968. COMPENSATION OF EXECUTIVE SECRETARIES AND CALENDAR CLERKS OF JUDGES OF SUPERIOR COURTS IN CERTAIN COUNTIES (135,000-140,000). No. 1245 (Senate Bill No. 330). An Act to amend an Act entitled 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

Page 1418

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., approved March 4, 1966 (Ga. L. 1966, p. 164), as amended by Act approved April 18, 1967 (Ga. L. 1967, p. 802), so as to change the compensation of said executive secretary and calendar clerk; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to provide for the appointment of and the salary for an executive secretary and calendar clerk to the judge or judges presiding in criminal matters and civil matters (as distinguished from domestic relations cases) 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., approved March 4, 1966 (Ga. L. 1966, p. 164), as amended by Act approved April 18, 1967 (Ga. L. 1967, p. 802), is hereby amended by striking from the second paragraph of section 1 the figure $5,592.00 and inserting in lieu thereof the figure $6,192.00, so that when so amended the second paragraph of section 1 shall read as follows: The annual salary of such appointee is hereby fixed at $6,192.00 per year payable in equal monthly payments. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 12, 1968.

Page 1419

PRACTICE AND PROCEDUREPERSONAL JURISDICTION OVER PERSONS DOING BUSINESS IN GEORGIA. No. 1252 (Senate Bill No. 393). An Act to amend an Act entitled 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., approved March 10, 1966, (Ga. L. 1966, p. 343), so as to provide for venue of claims or causes of action arising under said Act; to define the term non-resident; to provide for severability; to disclaim prior intent; 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 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., approved March 10, 1966 (Ga. L. 1966, p. 343), is hereby amended by striking in its entirety section 4, and substituting in lieu thereof a new section 4 to read as follows: Section 4. The venue of claims or causes of action arising under the provisions of this Act shall lie in any county wherein the business was transacted, the act occurred, or the real property is located.

Page 1420

Section 2. Said Act is further amended by inserting between sections 4 and 5 three new sections to be known as sections 4A, 4B and 4C to read as follows: Section 4A. As used in this Act non-resident' includes an individual, or partnership, association or other legal or commercial entity (other than a corporation) not residing, domiciled, organized or existing in this State at the time a claim or cause of action under section 1 or this Act arises, or a corporation which is not organized or existing under the laws of this State and is not authorized to do or transact business in this State at the time a claim or cause of action under section 1 of this Act arises. Definitions. Section 4B. The definition of `non-resident' in section 4A of this Act shall not be construed as expressing the intention of the General Assembly of Georgia as to the meaning of `non-resident' as used in section 1 of this Act prior to the effective date of section 4A of this Act. Section 4C. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the Section, Subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional was not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Severability. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 12, 1968.

Page 1421

HOSPITAL ADVISORY COUNCIL ACT AMENDED. Code 88-2201 Amended. No. 1256 (Senate Bill No. 413). An Act to amend Code section 88-2201, relating to the Hospital Advisory Council, so as to delete from said section the reference to indigent care; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 88-2201, relating to the Hospital Advisory Council, is hereby amended by striking from said Section the following words: Licensure, and Indigent Care, and inserting in lieu thereof the following: and Licensure, so that when so amended, said section shall read as follows: 88-2201. Council authorized .There shall be established an Advisory Council for Construction and Licensure, hereinafter called advisory council, to advise with the Department of Health relative to policies, procedures, rules, regulations, and standards adopted and promulgated by said Department of Health pursuant to the provisions of an Act of February 1, 1946 (Ga. L. 1946, p. 34), and an Act of March 13, 1957 (Ga. L. 1957, p. 470), as amended, and to perform such other functions as may be placed upon it by law. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 12, 1968.

Page 1422

UNIFORM ACT REGULATING TRAFFIC ON HIGHWAYS AMENDEDENFORCEMENT OF TRAFFIC LAWS WITHIN MUNICIPALITIES. No. 1257 (Senate Bill No. 417). An Act to amend an Act regulating traffic on the streets and highways, approved January 11, 1954 (Ga. L. 1953, Nov.-Dec. Sess., p. 556), as amended, particularly by an Act approved April 9, 1963 (Ga. L. 1963, p. 461), so as to provide that the Governor may revoke the power of county or municipal governing authorities to enforce traffic laws, ordinances, or regulations on State and federal highways or on any particular highway or highways when it is determined that the enforcement of such traffic laws, ordinances, or regulations by local authorities are unreasonable or are being enforced primarily for the collection of revenue rather than for the purposes of public safety; to provide for studies, reports and recommendations by the Director of Public Safety where said circumstances may exist; to provide for notice to county and municipal authorities where said reports and recommendations determine that the power to enforce traffic laws, ordinances, or regulations on State and federal highways or any public highway or highways within their respective jurisdiction should be revoked; to provide for a hearing before a board after said notice has been furnished; to provide for the enforcement of traffic laws, ordinances, and regulations on such highways by the State after such revocation; to provide for the reinstating of such revoked powers; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to regulate traffic on the streets and highways, approved January 11, 1954 (Ga. L. 1953, Nov.-Dec. Session, p. 556), as amended, particularly by an Act approved April 9, 1963 (Ga. L. 1963, p. 461), is hereby amended by adding new paragraphs (e) and (f) to section 50 thereof as follows: (e) Any provisions of this Act to the contrary notwithstanding, when any complaint shall be made to the Governor

Page 1423

that any traffic law, ordinance, or regulation, other than speed regulations for which provision has been made in paragraph (b) of this section, established by any county or municipal authority is arbitrary or unreasonable, or upon any complaint being made to the Governor that any traffic law, ordinance, or regulation established by the State or by any county or municipal governing authority, other than speed regulations for which provision has been made in paragraph (b) of this section, is being enforced primarily for the collection of revenue rather than for purposes of public safety, the Governor may, in his discretion, direct that an investigation and any necessary studies be commenced by the Director of Public Safety, or his delegate, who shall make a report thereon together with his recommendations as to whether the State should suspend the authority of the applicable local county or municipal governing authorities to enforce traffic laws, ordinances, or regulations upon any State and federal highways lying within the jurisdiction of such authorities. Upon receipt of a report accompanied by recommendations that the power to enforce traffic laws, ordinances, and regulations be restricted, the Governor shall furnish a copy of such report to the local authorities affected thereby, together with notice of a hearing on the allegations of the report made by the Director of Public Safety, or his delegate. Such hearing may be held at such time and at such place as may be determined by the Governor, but shall not be less than ten days after notice to the local governing authorities. Said hearing shall be conducted before a board to be composed of the Governor, the Secretary of State and the Attorney General, who shall be reimbursed for the actual and necessary expenses pertaining to their services on said board but who shall receive no other additional compensation for their services thereon. Upon determination by said board that traffic laws, ordinances, or regulations, other than speed regulations for which provision has been made in paragraph (b) of this section, established by the county or municipal governing authority against whom complaint has been brought are either unreasonable or that traffic laws, ordinances, or regulations established by the State or by any county or municipal governing authority are being primarily enforced for the collection of revenue rather than for purposes of public safety, the Governor shall issue

Page 1424

his Executive Order suspending the power of such local governing authority to enforce traffic laws, ordinances, and regulations on State or federal highways lying within their respective jurisdiction, or on any particular such highway. In the event that said power is suspended, the Governor shall direct the Director of Public Safety to enforce the traffic laws and regulations on such highways. (f) At intervals of not less than six months, any governing authority affected by the provisions of this Act and by an Executive Order issued in accordance herewith, may upon a change of circumstances being shown to the Governor, petition the Governor for reconsideration, whereupon the Governor, in his discretion, may direct the Director of Public Safety, or his delegate, to inquire into such change of circumstances and report the same to him together with any recommendations for modification of the Governor's previous Executive Order, and the Governor, in his discretion, may order a new hearing on the matter before the board or may, without hearing, modify or revoke his previous Executive Order. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 12, 1968. PIEDMONT JUDICIAL CIRCUITSOLICITOR GENERAL PLACED ON SALARY BASIS. No. 1258 (Senate Bill No. 420). An Act to abolish the present mode of compensating the solicitor general of the Piedmont Judicial Circuit, known as the fee system; to provide in lieu thereof an annual salary; to provide that all fees, costs, and other emoluments shall become the property of the counties comprising said circuit; to provide for the collection of all such fees, costs and emoluments; to provide for periodic statements; to provide for the payment of the operating expenses of the

Page 1425

office; to provide for the employment of an investigator, clerks and all required personnel by said solicitor; to provide for the compensation of such personnel; to provide that the salary of the solicitor and costs of operating the office of solicitor shall be prorated among the counties comprising the Piedmont 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. The present mode of compensating the solicitor general of the Piedmont Judicial Circuit, known as the fee system, is hereby abolished and said solicitor general shall be compensated on a salary basis in the amount as hereinafter provided. Salary basis. Section 2. The solicitor general of the Piedmont Judicial Circuit shall receive an annual salary of twelve thousand ($12,000.00) dollars, payable in equal monthly installments by the counties comprising said judicial circuit as hereinafter provided. Salary. Section 3. All fees, commissions, costs, monies, and other emoluments accruing to the office of said solicitor general, except the salary and allowance provided herein and the salary and allowances paid out of the Treasury of the State, shall become the property of the counties of the Piedmont Judicial Circuit in which the same are collected, and said counties are hereby subrogated to all rights, claims and liens of said solicitor general therefor. Fees. Section 4. After the effective date of this Act, the solicitor general shall diligently and faithfully undertake to collect all fees, commissions, costs, funds, monies and other emoluments accruing to the office of solicitor general and belonging to said counties and shall receive and hold the same in trust for said counties as public funds and shall pay same into the treasuries of said counties on or before the 15th day of the month following the month in which they were collected or received. At the time of each such monthly payment, said solicitor general shall furnish to the treasurer

Page 1426

or other fiscal authority of each county a detailed statement of all such funds collected and received during the preceding month by said solicitor general and paid into the treasury of each county. Fees. Section 5. Said solicitor general shall have the authority to employ an investigator, clerks and other personnel upon the approval of the governing authorities as he shall deem necessary to effectively and efficiently discharge the official duties of his office. It shall be within the sole power and authority of said solicitor general during his term of office to designate and name the person or persons who shall be employed as the investigator, clerks or other employees and to prescribe their duties and assignments and to remove or replace any such employees at will and within his sole discretion. Said solicitor general shall from time to time recommend to the governing authorities of the counties comprising the Piedmont Judicial Circuit the number of such personnel needed by his office, together with the suggested compensation to be paid each employee. However, it shall be within the sole discretion of the governing authorities of the counties comprising the Piedmont Judicial Circuit to fix the compensation to be received by each employee in said office of solicitor general. Investigator, etc. Section 6. The solicitor general shall submit to the governing authorities of the counties comprising the Piedmont Judicial Circuit quarterly statements, together with receipts for the proportionate share of the salary of said solicitor and office expenses, including compensation to personnel employed by solicitor as herein provided. Quarterly statements. Section 7. The salary to the solicitor general of the Piedmont Judicial Circuit and personnel employed by said solicitor general as provided herein and office expenses shall be paid by the counties comprising the Piedmont Judicial Circuit in the ratio which the population of the counties bears to the total population of the counties comprising said judicial circuit as shown by the latest official decennial census. The governing authorities in the counties comprising said judicial circuit shall meet from time to time and determine the compensation to be received by the personnel employed

Page 1427

by said solicitor general, and determine the amount which shall be paid for the salary of said solicitor general and employees hired by said solicitor general and the office expenses by each county comprising said judicial circuit. Expenses. Section 8. This Act shall become effective January 1, 1969. Effective date. Section 9. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 12, 1968. UNIFORM ACT REGULATING TRAFFIC ON HIGHWAYS AMENDED. No. 1262 (House Bill No. 993). An Act to amend an Act entitled the Uniform Act Regulating Traffic on Highways, approved January 11, 1954 (Ga. L. 1953, Nov.-Dec. Sess., p. 556), as amended, particularly by an Act approved March 17, 1959 (Ga. L. 1959, p. 303), an Act approved April 5, 1961 (Ga. L. 1961, p. 438), an Act approved February 18, 1963 (Ga. L. 1963, p. 26), an Act approved March 10, 1964 (Ga. L. 1964, p. 294), and an Act approved March 27, 1965 (Ga. L. 1965, p. 322), so as to provide that local authorities in their respective jurisdictions shall conform their traffic-control devices to specifications contained in the Georgia Manual on Uniform Traffic Control Devices for Streets and Highways as it now exists or may hereafter be revised; to provide that the laws governing speed limits on the National System of Interstate and Defense Highways shall apply to those highways and roads defined in an Act approved March 7, 1955 (Ga. L. 1955, p. 559); to provide that where the total gross combined weight of trucks or truck-tractors and trailers and load in pounds is less than 10,000 pounds, the maximum speed shall not exceed 60 miles per hour from one-half hour before sunrise until one-half hour

Page 1428

after sunset. At other times 50 miles per hour maximum: to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled the Uniform Act Regulating Traffic on Highways, approved January 11, 1954 (Ga. L. 1953, Nov.-Dec. Sess., p. 556), as amended, particularly by an Act approved March 17, 1959 (Ga. L. 1959, p. 303), an Act approved April 5, 1961 (Ga. L. 1961, p. 438), an Act approved February 18, 1963 (Ga. L. 1963, p. 26), an Act approved March 10, 1964 (Ga. L. 1964, p. 294), and an Act approved March 27, 1965 (Ga. L. 1965, p. 322), is hereby amended by striking section 33 in its entirety and substituting in lieu thereof a new section 33, to read as follows: Section 33. Local authorities in their respective jurisdictions shall place and maintain such traffic-control devices upon streets and roads under their jurisdiction as conform to the specifications contained in the `Georgia Manual on Uniform Traffic Control Devices for Streets and Highways', as the same now exists or may hereafter be revised. Traffic control devices. Section 2. Said Act is further amended by adding to the end of subparagraph 3 of subsection (b) of section 48, found in Article V, the following: The provisions of this subparagraph shall apply to those highways and roads defined in an Act approved March 7, 1955 (Ga. L. 1955, p. 559)., so that when so amended, subparagraph 3 of subsection (b) of section 48, found in Article V, shall read as follows: 3. On all highways, which comprise a part of the National System of Interstate and Defense Highways and having not less than 4 traffic lanes, and on State Highway No. 316, the minimum speed shall be 40 miles per hour and the maximum speed shall be 70 miles per hour from one-half hour before sunrise until one-half hour after sunset. At other times the minimum speed shall be 40 miles per hour and the maximum speed shall be 65 miles per hour. The provisions

Page 1429

of this Subparagraph shall apply to those highways and roads defined in an Act approved March 7, 1955 (Ga. L. 1955, p. 559). Speed limits. Section 3. Said Act is further amended by striking subparagraph 4 of subsection (b) of section 48, found in Article V, in its entirety and substituting in lieu thereof a new subparagraph 4 to read as follows: 4. Where the total gross combined weight of trucks or truck-tractors and trailers and load in pounds is less than 10,000 pounds, the maximum speed shall not exceed 60 miles per hour; maximum from one-half hour before sunrise until one-half hour after sunset. At other times 50 miles per hour maximum; where the total gross combined weight of trucks or truck-tractors and trailers and load in pounds is between 10,000 and 16,000 pounds, the maximum speed shall not exceed 50 miles per hour; where the total gross combined weight of trucks or truck-tractors and trailers and load exceeds 16,000 pounds, the maximum speed shall not exceed 45 miles per hour. This subparagraph shall not apply to busses: Provided, that no school bus while transporting school children shall exceed a speed of 40 miles per hour: Provided, however, that busses owned or operated by a street railroad or other company engaged in the operation of an urban transit system which are used for the transportation of school children may be operated at speeds in excess of 40 miles per hour provided such speeds are within the maximum speed limits of the municipalities in which such busses are operated. Same. Section 3A. Said Act is further amended by striking subparagraph 5 of subsection (b) of section 48, found in Article V, in its entirety and substituting in lieu thereof a new subparagraph 5 to read as follows: 5. On all highways which comprise a part of the National System of Interstate and Defence Highways, and having not less than four traffic lanes, the maximum speed for trucks or truck-tractors and trailers, regardless of weight, shall not exceed 60 miles per hour. However, on all other highways having not less than four traffic lanes, the maximum

Page 1430

speed for trucks or truck-tractors and trailers, regardless of weight, shall not exceed 60 miles per hour; maximum from one-half hour before sunrise until one-half hour after sunset, at other times, 50 miles per hour maximum. This subparagraph shall not apply to busses: Provided, that no school bus while transporting school children shall exceed a speed of 40 miles per hour: Provided, however, that busses owned or operated by a street railroad or other company engaged in the operation of an urban transit system which are used for the transportation of school children may be operated at speeds in excess of 40 miles per hour provided such speeds are within the maximum speed limits of the municipalities in which such busses are operated. Same. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 12, 1968. UNIFORM CONSUMER CREDIT CODE STUDY COMMITTEE. No. 289 (Senate Resolution No. 178). A Resolution. Creating a committee to monitor the progress of the Uniform Consumer Credit Code; and for other purposes. Whereas, the National Conference of Commissioners on Uniform State Laws has been working on a Uniform Code for all types of consumer credit for the past several years; and Whereas, the Commissioners are now studying and rewriting Working Draft No. 6; and Whereas, the special committee members and consultants engaged in this undertaking represent all segments of the consumer credit industry; and

Page 1431

Whereas, there is a need for State legislation in this area in order to prevent the Federal Government from preempting this field; and Whereas, it is the desire of the members of the General Assembly of Georgia to stay abreast of the developments in this highly complex and technical field. Now therefore, be it resolved by the General Assembly that there is hereby created a Uniform Consumer Credit Code Study Committee to be composed of six members of the Senate to be appointed by the President of the Senate and six members of the House of Representatives to be appointed by the Speaker of the House of Representatives. The committee shall elect a chairman and such other officers as it shall deem necessary at its organizational meeting. The committee shall study legislation relative to consumer credit, and in particular, the pending Uniform Consumer Credit Code. The committee is authorized to carry out such study within and without the State of Georgia. The members of the committee shall receive the allowances authorized for members of interim legislative committees, but shall receive the same for no more than fifteen days. The committee shall make a report of its findings and recommendations to the 1969 Session of the General Assembly of Georgia. The funds necessary to carry out the purposes of this resolution shall come from funds appropriated to or available to the legislative branch of the government. Approved April 12, 1968.

Page 1432

ABORTION, FOETICIDE AND INFANTICIDE. Code Chapter 26-11 Amended. No. 1265 (House Bill No. 281). An Act to amended Code Chapter 26-11 relating to the crimes of abortion, foeticide and infanticide, so as to provide for the additional exceptions where such acts are undertaken or accomplished by physicians; to provide the circumstances when such acts shall be lawful; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 26-11 relating to the crimes of bortion, foeticide and infanticide, is hereby amended by triking said Chapter in its entirety and inserting in lieu hereof a new Chapter 26-11 to read as follows: Chapter 26-11. Abortion, Foeticide and Infanticide . 26-1101. Criminal abortion; punishment . (a) Criminal abortion. Except as otherwise provided in this Chapter, a person commits criminal abortion when he administers any medicine, drug or other substance whatever to any woman or when he uses any instrument or other means whatever upon any woman with intent to produce a miscarriage or abortion. (b) Punishment. A person convicted of criminal abortion shall be punished by imprisonment for not less than one (1) nor more than ten (10) years. 26-1102. Foeticide; punishment . The wilful killing of an unborn child so far developed as to be ordinarily called `quick, by any injury to the mother of such child, which would be murder if it resulted in the death of such mother, shall be punished by death or imprisonment for life, as the ury may recommend. 26-1103. Punishment of persons advising killing of infants . If any person shall counsel, advise, or direct a woman

Page 1433

to kill the child with which she is pregnant, and after she is delivered of such child she shall kill it, every person so advising or directing shall be deemed an accessory before the fact to such murder, and shall have the same punishment as the principal. 26-1104. Concealment of child's death . The constrained presumption arising from the concealment of the death of any child, that the child whose death is concealed was therefore murdered by the mother, shall not be sufficient or conclusive evidence to convict the person indicted for the murder of her child, unless proof shall be given that the child was born alive, nor unless the attending circumstances shall be such as shall satisfy the minds of the jury that the mother did wilfully and maliciously destroy and take away the life of such child. 26-1105. Concealment of death of bastard child . If any woman shall conceal or attempt to conceal the death of any issue of her body, which, if it were born alive, would be bastard, so that it may not come to light whether it was murdered or not, she shall be guilty of a misdemeanor. 26-1106. Exceptions; opinions . (a) Exception. Nothing in this Chapter shall be construed to prohibit an abortion performed by a physician duly licensed to practice medicine and surgery pursuant to Chapter 84-9 or Chapter 84-12 of the Code of Georgia of 1933, as amended, based upon his best clinical judgment that an abortion is necessary because: (1) A continuation of the pregnancy would endanger the life of the pregnant woman or would seriously and permanently injure her health; or (2) The fetus would very likely be born with a grave, permanent, and irremediable mental or physical defect; or (3) The pregnancy resulted from forcible or statutory rape. (b) No abortion is authorized or shall be performed under this Section unless each of the following conditions is met;

Page 1434

(1) The pregnant woman requesting the abortion certifies in writing under oath and subject to the penalties of false swearing to the physician who proposes to perform the abortion that she is a bona fide legal resident of the State of Georgia. (2) The physician certifies that he believes the woman is a bona fide resident of this State and that he has no information which should lead him to believe otherwise. (3) Such physician's judgment is reduced to writing and concurred in by at least two other physicians duly licensed to practice medicine and surgery pursuant to Chapter 84-9 of the Code of Georgia of 1933, as amended, who certify in writing that based upon their separate personal medical examinations of the pregnant woman, the abortion is, in their judgment, necessary because of one or more of the reasons enumerated above. (4) Such abortion is performed in a hospital licensed by the State Board of Health and accredited by the Joint Commission on Accreditation of Hospitals. (5) The performance of the abortion has been approved in advance by a committee of the medical staff of the hospital in which the operation is to be performed. This committee must be one established and maintained in accordance with the standards promulgated by the Joint Commission on the Accreditation of Hospitals, and its approval must be by a majority vote of a membership of not less than three members of the hospital's staff; the physician proposing to perform the operation may not be counted as a member of the committee for this purpose. (6) If the proposed abortion is considered necessary because the woman has been raped, the woman makes a written statement under oath, and subject to the penalties of false swearing, of the date, time and place of the rape and the name of the rapist, if known. There must be attached to this statement a certified copy of any report of the rape made to any law enforcement officer or agency and a statement by the solicitor general of the judicial circuit where

Page 1435

the rape occurred or allegedly occurred that, according to his best information, there is probable cause to believe that the rape did occur. (7) Such written opinions, statements, certificates, and concurrences are maintained in the permanent files of such hospital and are available at all reasonable times to the solicitor general of the judicial circuit in which the hospital is located. (8) A copy of such written opinions, statements, certificates, and concurrences is filed with the Director of the State Department of Public Health within ten (10) days after such operation is performed. (9) All written opinions, statements, certificates and concurrences filed and maintained pursuant to paragraphs (7) and (8) of this subsection shall be confidential records and shall not be made available for public inspection at any time. (c) Any solicitor general of the judicial circuit in which an abortion is to be performed under this Section, or any person who would be a relative of the child within the second degree of consanguinity, may petition the Superior Court of the County in which the abortion is to be performed for a declaratory judgment whether the performance of such abortion would violate any constitutional or other legal rights of the fetus. Such solicitor general may also petition such court for the purpose of taking issue with compliance wiht the requirements of this Section. The physician who proposes to perform the abortion and the pregnant woman shall be respondents. The petition shall be heard expeditiously and if the Court adjudges that such abortion would violate the constitutional or other legal rights of the fetus, the Court shall so declare and shall restrain the physician from performing the abortion. (d) If an abortion is performed in compliance with this Section, the death of the fetus shall not give rise to any claim for wrongful death.

Page 1436

(e) Nothing in this Section shall require a hospital to admit any patient under the provisions hereof for the purpose of performing an abortion, nor shall any hospital be required to appoint a committee such as contemplated under Subsection (b) (5). A physician, or any other person who is a member of or associated with the staff of a hospital, or any employee of a hospital in which an abortion has been authorized, who shall state in writing an objection to such abortion on moral or religious grounds shall not be required to participate in the medical procedures which will result in the abortion, and the refusal of any such person to participate therein shall not form the basis of any claim for damages on account of such refusal or for any disciplinary or recriminatory action against such person. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. This Act was received from the Executive Department on April 15, 1968. This Act was received by the Executive Department on March 6, 1968 before the General Assembly adjourned on March 8, 1968, and it does not bear the Governor's signature of approval. PUBLIC HEALTHIMMUNIZATION OF PUPILS OF PUBLIC SCHOOLS. Code 32-911 Amended. No. 1266 (House Bill No. 871). An Act to amend Code section 32-911, relating to the immunization of pupils of public schools, as amended by an Act approved February 1, 1946 (Ga. L. 1946, p. 206), an Act approved March 14, 1957 (Ga. L. 1957, p. 455), and an Act approved March 18, 1964 (Ga. L. 1964, p. 499), so as to provide that no child shall be admitted to a public school operating in this State unless such child shall first have been immunized from contagious diseases itemized

Page 1437

in appropriate rules and regulations promulgated by the State Board of Health; to provide procedures pursuant thereto; to provide that violation of this Section or the rules and regulations pursuant thereto shall be misdemeanor; to provide exemptions in certain instances; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 32-911, relating to the immunization of pupils of public schools, as amended by an Act approved February 1, 1946 (Ga. L. 1946, p. 206), an Act approved March 14, 1957 (Ga. L. 1957, p. 455), and an Act approved March 18, 1964 (Ga. L. 1964, p. 499), is hereby amended by striking said Code section in its entirety and substituting in lieu thereof a new Code section 32-911, to read as follows: 32-911. Immunization of children as a prerequisite to admission . (a) No child shall be admitted to a public school operating in this State unless such child shall first have been immunized from contagious diseases itemized in appropriate rules and regulations promulgated by the State Board of Health. The child's parent or guardian shall furnish the school to which admittance is sought with a certificate of a physician licensed under the laws of the State of Georgia or public health department acknowledging that the child has been immunized before the child shall be admitted. (b) The State Board of Health shall determine which diseases are to be included in the rules and regulations promulgated by the Local Boards of Health. The State Board of Health shall immediately determine which diseases should be included, and shall convey the list of diseases to the Local Boards of Health. The list of diseases may be revised whenever the State Board of Health deems it necessary, and the Local Boards of Health may revise its rules and regulations accordingly. (c) Any school official, parent or guardian violating the provisions of this section or the rules and regulations promulgated

Page 1438

pursuant thereto, shall be guilty of a misdemeanor and punished accordingly. (d) If, in the discretion of the health authority having jurisdiction or any physician licensed under the laws of the State of Georgia, any child to whom this section applies shall be deemed to have a physical disability which may contraindicate vaccination, a certificate to that effect issued by the health authority or physician may be accepted in lieu of a certificate of vaccination. This exemption shall not apply when such disability shall have been removed. (e) The provisions of this section shall not apply if the parent or legal guardian of such child objects thereto on the grounds that such immunization conflicts with the religious tenets and practices of a recognized church or religious denomination of which said parent or guardian is an adherent or member, provided that immunization may be required in these cases when such disease is in epidemic stages. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. This Act was received from the Executive Department on April 15, 1968. This Act was received by the Executive Department on March 15, 1968 after the General Assembly adjourned on March 8, 1968, and it does not bear the Governor's signature of approval. SALE, ETC. OF WINES AT AIRPORTS OWNED OR OPERATED BY COUNTIES OR MUNICIPALITIES. No. 1267 (House Bill No. 1583). An Act to amend an Act known as An Act to promote temperance and prosperity for Georgia people; to foster and encourage the growing of grapes, fruits and berries on Georgia farms; to legalize the making of light domestic wines; to exempt from all taxation wine made from

Page 1439

crops of grapes, fruits, and berries, whether wild or cultivated, by producers in Georgia of such crops, and to provide for the holding of an election to ratify or reject this Act; and for other purposes, approved March 23, 1935 (Ga. L. 1935, p. 492), as amended, so as to authorize the sale, storage and distribution of wines within the boundaries of airports owned or operated, or both, by counties or municipalities, and to authorize the regulation and taxation of, and exercise of police powers over, the sale, storage and distribution of wines by the county or municipality owning or operating, or owning and operating such airports and to prohibit other counties or municipalities from regulating, taxing or exercising police powers over the sale, storage and distribution of wines within such airport boundaries, to repeal conflicting laws, and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as An Act to promote temperance and prosperity for Georgia people; to foster and encourage the growing of grapes, fruits and berries on Georgia farms; to legalize the making of light domestic wines; to exempt from all taxation wine made from crops of grapes, fruits, and berries, whether wild or cultivated, by producers in Georgia of such crops, and to provide for the holding of an election to ratify or reject this Act; and for other purposes, approved March 23, 1935 (Ga. L. 1935, p. 492), as amended by an Act approved March 30, 1937 (Ga. L. 1937, p. 851); and by an Act approved February 16, 1938 (Ga. L. 1937-38, Ex. Sess., p. 185); and by an Act approved March 27, 1941 (Ga. L. 1941, p. 234); and by an Act approved March 27, 1947 (Ga. L. 1947, p. 1178); and by an Act approved July 30, 1949 (Ga. L. 1949, Ex. Sess., p. 5); and by an Act approved February 20, 1951 (Ga. L. 1951, p. 356); and by an Act approved June 22, 1955 (Ga. L. 1955, Ex. Sess., p. 22), is hereby amended by renumbering section 6, the repealer clause, as section 7, and by inserting a new section 6 to read as follows: Section 6. (a) Notwithstanding any other provisions of law, any county or municipality may authorize through

Page 1440

proper resolution or ordinance the issuance of licenses to sell wines and to store and distribute wines within the boundaries of any airport owned or operated, or both, by such county or municipality, regardless of where such airport may be located, whether within or without or partly within and partly without the county which owns or operates, or owns and operates the airport, or whether within or without or partly within and partly without the corporate limits of the municipality which owns or operates, or owns and operates, the airport, or within or without or partly within and partly without the county or counties in which such municipality may, in whole or in part, be located, and regardless of whether the sale of wines is permissible within the municipality or municipalities or the county or counties, wherein such airport may, in whole or in part, be located. (b) For the purposes of regulating and taxing the sale and the storage and distribution of wines, the airport boundaries of an airport owned or operated or both, by a county or municipality shall be treated (i), if the airport is owned or operated, or both, by a county, as though said airport boundaries were located entirely within the boundaries of the county which owns or operates, or owns and operates, the same or (ii), if the airport is owned or operated, or both, by a municipality, as though said airport boundaries were located entirely within the corporate limits of that municipality and entirely within the boundaries of the county in which the greater portion of the municipality owning or operating, or owning and operating, the airport lies. (c) It is the intention of this Act that no county or municipality may control, tax, regulate or exercise police powers over the sale, storage or distribution, or any of them, of wines, within the boundaries of an airport owned or operated, or both, by another municipality or county. (d) All other laws and parts of laws in conflict with this Act are hereby repealed. This Act was received from the Executive Department on April 15, 1968. This Act was received by the Executive

Page 1441

Department on March 20, 1968 after the General Assembly adjourned on March 8, 1968, and it does not bear the Governor's signature of approval. SALE, ETC. OF MALT BEVERAGES AT AIRPORTS OWNED OR OPERATED BY MUNICIPALITIES OR COUNTIES. No. 1268 (House Bill No. 1584). An Act to amend an Act known as An Act to provide for license and excise taxes upon the business of dealing in malt beverages; to allocate funds derived from such taxes; to provide for the enforcement of this Act; to repeal laws in conflict with this Act; and to provide for the holding of an election to ratify or reject this Act; and for other purposes, approved March 23, 1935 (Ga. L. 1935, p. 73), as amended, so as to authorize the sale, storage and distribution of malt beverages as that term is defined by Section Four (4) of an Act approved March 23, 1935 (Ga. L. 1935, p. 73), within the boundaries of airports owned or operated, or both, by counties or municipalities, and to authorize the regulation and taxation of, and exercise of police powers over, the sale, storage and distribution of such malt beverages by the county or municipality owning or operating, or owning and operating such airports and to prohibit other counties or municipalities from regulating, taxing or exercising police powers over the sale, storage and distribution of such malt beverages within such airport boundaries, to repeal conflicting laws, and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as An Act to provide for license and excise taxes upon the business of dealing in malt beverages; to allocate funds derived from such taxes; to provide for the enforcement of this Act; to repeal laws in conflict with this Act; and to provide for the holding of an election to ratify or reject this Act; and for other purposes,

Page 1442

approved March 23, 1935 (Ga. L. 1935, p. 73), as amended by an Act approved March 30, 1937 (Ga. L. 1937, p. 148); and by an Act approved December 13, 1937 (Ga. L. 1937-38, Ex. Sess., p. 173); and by an Act approved January 17, 1938 (Ga. L. 1937-38, Ex. Sess., p. 419); and by an Act approved March 24, 1939 (Ga. L. 1939, p. 101); and by an Act approved July 30, 1949 (Ga. L. 1949, Ex. Sess., p. 5); and by an Act approved February 20, 1951 (Ga. L. 1951, p. 356); and by an Act approved June 22, 1955 (Ga. L. 1955, Ex. Sess., p. 23); and by an Act approved January 30, 1964 (Ga. L. 1964, p. 60), is hereby amended by renumbering section 19, the repealer clause, as section 20, and by inserting a new section 19 to read as follows: Section 19. (a) Notwithstanding any other provisions of law, any county or municipality may authorize through proper resolution or ordinance the issuance of licenses to sell malt beverages as that term is defined by Section Four (4) of an Act approved March 23, 1935 (Ga. L. 1935, p. 73) and to store and distribute such malt beverages within the boundaries of any airport owned or operated, or both, by such county or municipality, regardless of where such airport may be located, whether within or without or partly within and partly without the county which owns or operates, or owns and operates the airport, or whether within or without or partly within and partly without the corporate limits of the municipality which owns or operates, or own and operates, the airport, or within or without or partly within and partly without the county or counties in which such municipality may, in whole or in part, be located, and regardless of whether the sale of any such malt beverages is permissible within the municipality or municipalities or the county or counties, wherein such airport may, in whole or in part, be located. (b) For the purposes of regulating and taxing the sale and storage and distribution of such malt beverages, the airport boundaries of an airport owned or operated, or both, by a county or municipality shall be treated (i), if the airport is owned or operated, or both, by a county, as though said airport boundaries were located entirely within

Page 1443

the boundaries of the county which owns or operates, or owns and operates, the same or (ii), if the airport is owned or operated, or both, by a municipality, as though said airport boundaries were located entirely within the corporate limits of that municipality and entirely within the boundaries of the county in which the greater portion of the municipality owning or operating, or owning and operating, the airport lies. (c) It is the intention of this Act that no county or municipality may control, tax, regulate or exercise police powers over the sale, storage or distribution, or any of them, of such malt beverages, within the boundaries of an airport owned or operated, or both, by another municipality or county. (d) All other laws and parts of laws in conflict with this Act are hereby repealed. This Act was received from the Executive Department on April 15, 1968. This Act was received by the Executive Department on March 20, 1968 after the General Assembly adjourned on March 8, 1968, and it does not bear the Governor's signature of approval. SALE, ETC. OF ALCOHOLIC BEVERAGES AT AIRPORTS OWNED OR OPERATED BY MUNICIPALITIES OR COUNTIES. No. 1269 (House Bill No. 1585). An Act to amend an Act known as the Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors approved February 3, 1938 (Ga. L. 1937-38, Ex. Sess., p. 103), as amended, so as to authorize the sale, storage and distribution of alcoholic beverages, including spirituous liquors, distilled spirits and alcohol as those terms are defined by Section Five (5) of an Act approved February 3, 1938 (Ga. L. 1937-38, Ex. Sess., p. 103, 106), within the boundaries of airports owned or operated, or

Page 1444

both, by counties or municipalities that shall have lawfully authorized the sale of such beverages within all or a part of such counties or municipalities, and to authorize the regulation and taxation of, and exercise of police powers over, the sale, storage and distribution of such alcoholic beverages by the county or municipality owning or operating, or owning and operating such airports and to prohibit other counties or municipalities from regulating, taxing or exercising police powers over the sale, storage and distribution of such alcoholic beverages within such airport boundaries, to repeal conflicting laws, and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors, approved February 3, 1938 (Ga. L. 1937-38, Ex. Sess., p. 103), as amended by an Act approved March 27, 1941 (Ga. L. 1941, p. 199); and by an Act approved January 30, 1964 (Ga. L. 1964, p. 62); and by an Act which became effective without the signature of the Governor (Ga. L. 1964, p. 771); and by an Act approved March 31, 1965 (Ga. L. 1965, p. 451); and by an Act approved March 10, 1966 (Ga. L. 1966, p. 341), is hereby amended by renumbering section 32, the repealer clause, as section 33, and by inserting a new section 32 to read as follows: Section 32. (a) Notwithstanding any other provisions of law, any county or municipality which shall have approved the sale, by the package, in accordance with an Act approved February 3, 1938 (Ga. L. 1937-38, Ex. Sess., p. 103, 105), or by the drink, in accordance with an Act approved without the signature of the Governor (Ga. L. 1964, pp. 771, 772), or both, or the storage and distribution of alcoholic beverages, including spirituous liquors, distilled spirits, and alcohol as those terms are defined by Section Five (5) of an Act approved February 3, 1938 (Ga. L. 1937-38, Ex. Sess., p. 103, 106), within the boundaries of such county or within all or a portion of the corporate limits of such city, may authorize through proper resolution or ordinance the issuance of licenses to sell such beverages

Page 1445

in packages or by the drink or both and to store and distribute such alcoholic beverages within the boundaries of any airport owned or operated, or both, by such county or municipality, regardless of where such airport may be located, whether within or without or partly within and partly without the county which owns or operates, or owns and operates the airport, or whether within or without or partly within and partly without the corporate limits of the municipality which owns or operates, or owns and operates the airport, or within or without or partly within and partly without the county or counties inwhich such municipality may, in whole or in part, be located, and regardless of whether the sale of any such alcoholic beverages is permissible within the municipality or municipalities or the county or counties, wherein such airport may, in whole or in part, be located. (b) For the purpose of regulating and taxing the sale, by the package or by the drink, or both, and the storage and distribution of such alcoholic beverages, the airport boundaries of an airport owned or operated, or both, by a county or municipality which shall have lawfully approved the sale, by the package, or by the drink, or both, of such alcoholic beverages, shall be treated (i), if the airport is owned or operated, or both, by a county, as though said airport boundaries were located entirely within the boundaries of the county which owns or operates, or owns and operates, the same or (ii), if the airport is owned or operated, or both, by a municipality, as though said airport boundaries were located entirely within the corporate limits of that municipality and entirely within the boundaries of the county in which the greater portion of the municipality owning or operating, or owning and operating, the airport lies. (c) It is the intention of this Act that no county or municipality may control, tax, regulate or exercise police powers over the sale, storage or distribution, or any of them, of such alcoholic beverages, within the boundaries of an airport owned or operated, or both, by another municipality or county which shall have lawfully approved

Page 1446

the sale in any fashion or storage of any such alcoholic beverages within all or part of such municipality or county. (d) All other laws and parts of laws in conflict with this Act are hereby repealed. This Act was received from the Executive Department on April 15, 1968. This Act was received by the Executive Department on March 20, 1968 after the General Assembly adjourned on March 8, 1968, and it does not bear the Governor's signature of approval.

Page 1448

RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1968 PROPOSING AMENDMENTS TO THE CONSTITUTION OF GEORGIA

Page 1449

COWETA COUNTYBONDS. Proposed Amendment to the Constitution. No. 99 (House Resolution No. 486-1050). A Resolution. Proposing an amendment to Article VII, Section VII, Paragraph I of the Constitution so as to authorize Coweta County to incur an additional indebtedness for water and sewerage purposes and evidence same by the issuance of its general obligation water and sewerage bonds in an amount not to exceed seven per centum (7%) of all property within said county subject to taxation for bond purposes, which debt limitation shall be in addition to and separate and distinct from the seven per centum (7%) debt limitation now imposed by the Constitution; to authorize the county to levy taxes without limitation to rate or amount sufficient to pay the principal of and interest on said bonds as same mature; to authorize the levy of taxes to operate and maintain said water and sewerage system; to provide for the submission of this amendment for ratification or rejection; to repeal the local amendment to Article II, Section I, Paragraph I of the Constitution captioned Coweta CountyFire, Water, Etc. Districts, Georgia Laws, 1964, Vol. I, page 906, et seq.; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. The local amendment to Article II, Section I, Paragraph I, of the Constitution captioned Coweta CountyFire, Water, Etc. Districts, Georgia Laws, 1964, Vol. I, page 906, et seq., is hereby repealed. 1964 amendment repealed. Section 2. Article VII, Section VII, Paragraph I of the Constitution of the State of Georgia is hereby amended by adding at the end thereof the following: Anything in this Constitution to the contrary notwithstanding, Coweta County is hereby authorized to

Page 1450

incur an additional indebtedness for water and sewerage purposes and evidence same by the issuance, from time to time, of its direct general obligation water and sewerage bonds, but the aggregate principal amount of such general obligation bonds outstanding at any one time shall not exceed seven per centum (7%) of the assessed value of all taxable property within the county subject to taxation for bond purposes. Said debt limitation shall be in addition to and separate from the seven per centum (7%) debt limitation now imposed by Article VII, Section VII, Paragraph I of the Constitution. Nothing herein contained shall limit or otherwise affect the amount of bonds Coweta County may issue under said Article VII, Section VII, Paragraph I of the Constitution for other purposes. Said county is hereby authorized to levy taxes without limitation as to rate or amount sufficient to pay the principal of and interest on said bonds as same mature. The issuance or non-issuance of said water and sewerage bonds shall be submitted to the registered, qualified voters of the county for their determination as provided under Article VII, Section VII, Paragraph I of the Constitution and the laws of this State. In addition to the foregoing, the governing authority of Coweta County is hereby authorized to levy taxes to pay the cost of operating, maintaining, repairing or otherwise improving the water and sewerage system of said county. The provisions of this amendment are cumulative and are in addition to all other rights and authority which have heretofore been conferred or may hereafter be conferred upon Coweta County, under the Constitution and laws of the State of Georgia, including, but not limited to, the rights and authority of said county to issue its water and sewerage revenue bonds under the Constitution and the Revenue Bond Law (Ga. L. 1957, p. 36 et seq., as amended) amending the law formerly known as the Revenue Certificate Law (Ga. L. 1937, p. 761, et seq., as amended). This amendment is self-enacting and does not require any enabling legislation for it to become effective; provided, however, the General Assembly may by law grant further and additional powers to the county not inconsistent with the provisions of this amendment. Water and sewerage bonds

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Section 3. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: YES () NO () Shall the Constitution be amended so as to repeal the local amendment to Article II, Section I, Paragraph I of the Constitution captioned Coweta CountyFire, Water, Etc. Districts, Georgia Laws 1964, Vol. I, page 906 et seq., and so as to authorize Coweta County to issue its general obligation water and sewerage bonds and to incur an additional bonded indebtedness for such purpose not to exceed seven per centum (7%) of the assessed value of taxable property therein subject to taxation for bond purpose, which debt limitation shall be in addition to the seven per centum (7%) debt limitation now imposed by this Constitution and to levy taxes without limitation as to rate or amount sufficient to pay the principal of and interest on said bonds as same mature and to levy taxes to pay the cost of operating, maintaining, repairing and improving the water and sewerage system of said County. All persons desiring to vote in favor of adopting the proposed amendment shall do so by voting YES as to the question propounded and all persons desiring to vote against the adoption of the proposed amendment shall do so by voting NO as to the question propounded.

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If such amendment shall be ratified as provided in said Article XIII, Section I, Paragraph I of the Constitution, as amended, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon. Approved February 29, 1968. COWETA COUNTY SCHOOL SYSTEM. Proposed Amendment to the Constitution. No. 100 (House Resolution No. 557-1216). A Resolution. A Resolution proposing an amendment to the Constitution of the State of Georgia so as to create the Coweta County School System by merging the county school system of Coweta County and the independent school system of the City of Newnan; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VIII, Section V, Paragraph I of the Constitution of the State of Georgia, as amended, is hereby further amended by adding at the end of said Paragraph, Section and Article the following: Effective at the time and in the manner provided hereinafter, there is hereby created the Coweta County School System by merging the county school system of Coweta County and the independent school system of the City of Newnan. There is hereby created the board

Page 1453

of education of the Coweta County School System. Said board shall be composed of seven (7) members as follows: Created. Coweta County shall consist of five (5) school divisions. Division One shall include all of Coweta County in its entirety. Division Two shall include all of the territory now or hereafter located within the territorial limits of the City of Newnan. Division Three shall include all of the territory within Coweta County within the following boundaries: All of Coweta County that lies northerly and easterly of the following described boundary line, to-wit: Members, divisions, etc. Begin where the center line of the Newnan Fayetteville Road (State Route 34) intersects the eastern boundary of Coweta County which is the western boundary of Fayette County and travel thence westerly to the center line of a county road known as the Dr. Fischer Road; thence southerly along said center line of the Dr. Fischer Road to the center line of a county road known as the lower Fayetteville Road; thence westerly along the center line of the lower Newnan Fayetteville Road to the center line of U. S. Highway 29; thence northerly along the center line of U. S. Highway 29 to the center line of the Newnan Roscoe Road (State Route 70); thence northerly and westerly along the center line of the Newnan Roscoe Road (State Route 70) to the intersection of said center line with the southern boundary of Fulton County which is the northern boundary of Coweta County except that portion of the above described division which now or hereafter shall lie within the corporate limits of the City of Newnan. Division Four shall include all of the territory within Coweta County within the following boundaries: All of Coweta County that lies southerly of and easterly of the following boundary line, to-wit: Begin where the center line of the Newnan Fayetteville Road (State Route 34) intersects the eastern boundary of Coweta County which is the western boundary of Fayette County, and travel thence westerly to the center line of a county

Page 1454

road known as the Dr. Fischer Road; thence southerly along the center line of the Dr. Fischer Road to the center line of a county road known as the lower Newnan Fayetteville Road; thence westerly along the center line of the lower Newnan Fayetteville Road to the center line of U. S. Highway 29; thence southerly along the center line of U. S. Highway 29 until its intersection with the Lone Oak-Luthersville Road; thence southeast along the center line of said road to its intersection with Meriwether County Line; except that part of the above described Division which now or hereafter shall be within the corporate limits of the City of Newnan. Division Five shall include all of the territory within Coweta County within the following boundaries: All of Coweta County that lies southerly of and westerly of the following boundary line, to-wit: Begin where the center line of the Lone Oak-Luthersville Road intersects the southerly line of Coweta County which is the northerly boundary of Meriwether County and travel thence northwesterly along the center line of said road until it intersects with the center line of Highway 29; thence North along the center line of Highway 29 until it intersects with the center line of the Newnan Roscoe Road (State Route 70), and thence northerly and westerly along the center line of said Newnan Roscoe Road (State Route 70) until the intersection of the center line with the southern boundary of Fulton County which is the northern boundary of Coweta County, EXCEPT that portion of the above described division which now or hereafter shall lie within the corporate limits of the City of Newnan. The Board of Education of the Coweta County School System shall consist of one member who resides in Division One; three members who reside in Division Two; one member who resides in Division Three; one member who resides in Division Four; and one member who resides in Division Five. Members. All candidates for election to the Board of Education of the Coweta County School System shall at the time

Page 1455

of their election be at least twenty-five years of age, persons of good moral character and shall have been a resident of Coweta County, Georgia for a period of 12 months next preceding the date of the election. All persons now or hereafter elected or appointed to serve as members of the board of education of the present county School System of Coweta County or the independent School System of the City of Newnan shall be eligible for election to the board of education of the new Coweta County School System and may serve on two boards simultaneously. Qualifications. The first members of the Board of Education of the Coweta County School System shall be elected in a special election to be held for that purpose on the first Wednesday in February, 1969. Said election and all future elections held for members of the Board of Education of the Coweta County School System shall be held under the direction and supervision of the Ordinary of Coweta County under the laws of the State of Georgia now or hereafter in force respecting the powers and duties of Ordinaries with respect to elections. The costs of the first election and all future elections of the Board of Education of the Coweta County School System shall be borne by the governing authority of Coweta County. Elections. All candidates for election to be the first members of the Board of Education of the Coweta County School System shall qualify with the Ordinary of Coweta County not less than 15 days prior to the date set for election, and shall specify from which division he is a candidate, and all candidates for future elections to the Board of Education of the Coweta County School System shall qualify with the Ordinary of Coweta County in a manner as prescribed by the Georgia Election Code as now in force or hereafter amended. Same. No person shall be eligible for election to said Board of Education who has not so qualified with the Ordinary and any votes for any person not so qualifying shall be disregarded in the tabulation of the votes in any election.

Page 1456

At the election to be held on the first Wednesday in February, 1969 for the first members of the Board of Education of the Coweta County School System the candidates from Division One who receives the highest number of votes for said office shall be elected for a term to begin on March 1, 1969 and ending on December 31, 1971, and until his or her successor is elected and qualified. Thereafter his or her successor and successors shall be elected for successive terms of three years. Terms. At the election to be held on the first Wednesday in February, 1969 the candidate from Division Two who receives the highest number of votes for said office shall be elected for a term to begin on March 1, 1969, and ending on December 31, 1971, and until his or her successor and successors is elected and qualified. Thereafter his or her successor shall be elected for successive terms of three years. At this election the candidates who receive the second highest number of votes for said office shall be elected for a term to begin on March 1, 1969, and ending on December 31, 1970, and until his or her successor is elected and qualified. Thereafter his or her successor and successors shall be elected for successive terms of three years. At this election the candidate who receives the third highest number of votes shall be elected for a term to begin on March 1, 1969, and ending on December 31, 1969, and until his or her successor is elected and qualified. Thereafter his or her successor and successors shall be elected for successive terms of three years. At the election to be held on the first Wednesday in February, 1969 the candidate from Divisions Three, Four and Five who receive the highest number of votes for said office shall be elected for a term to begin on March 1, 1969, and ending on December 31, 1971, and until his or her successor is elected and qualified. Thereafter his or her successor and successors shall be elected for successive terms of three years. At this election the successful candidate from a division who receives less votes than the candidate who receives the highest number of votes, but who receives more votes than the successful

Page 1457

candidate from the remaining division, shall be elected for a term to begin on March 1, 1969, and ending on December 31, 1970, and until his or her successor is elected and qualified. Thereafter his or her successor and successors shall be elected for successive terms of three years. At this election the successful candidate from a division who receives the least number of votes of any successful candidates of these three divisions shall be elected for a term to begin on March 1, 1969, and ending on December 31, 1969 and until his or her successor is elected and qualified. Thereafter his or her successor and successors shall be elected for successive terms of three years. After the first election for members of the Board of Education of the Coweta County School System to be held on the first Wednesday in February, 1969 there shall be held annual elections for election to the Board to fulfill the vacancies occurring on December 31 of that year. Said annual elections shall be held on Tuesday after the first Monday in November in 1969 and annually on Tuesday after the first Monday in November of each year thereafter. Elections. At the first election held for members of the Board of Education and at all subsequent elections all residents of Coweta County then duly registered and eligible to vote for members of the General Assembly of the State of Georgia shall be eligible to vote. All qualified persons voting may vote for each candidate regardless of whether or not such candidate may be a resident of the division in which such voter may reside it being the intention of this provision that all members of the Board of Education shall be elected by all residents of Coweta County who vote in the several elections. In all elections the qualified candidate who receives the highest number of votes in each division shall be declared the successful candidate. Elections. The death or resignation of a member of the Board of Education, or his or her physical or mental disability to perform his or her duties, or the removal of a member

Page 1458

from the division from which he or she qualified and continuous residence elsewhere for a continuous period of three months shall be deemed to create a vacancy on the board with respect to such member. Any vacancy on said board shall be filled by the majority vote of the remaining members at a meeting duly called and held for that purpose, the person designated to fill such vacancy to be from the particular division with respect to which such vacancy occurs. Any such vacancy filled by the Board in this manner shall be for the term for which the original member was elected and until the successor is duly elected and qualified. Vacancies. Each member of the board of education upon assuming his office, shall take an oath faithfully to perform the duties of his office as such member. Compensation paid to members of said Coweta County School System shall be only that now or hereafter provided for members of county boards of education by the general laws of Georgia. Oaths, etc. The Coweta County School System Board of Education is hereby authorized to provide for the holding of such meetings, regular or special, as it may see fit, and to make provision for the time, place and manner of calling and holding the same. It shall, at the first board meeting in each calendar year, select a chairman, vice chairman, a secretary and a treasurer and may select an assistant secretary and an assistant treasurer and said board may select and designate such other officers and committees as it deems necessary to the administration of its duties and the administration of said school system. Said officers and committees shall hold office until the last meeting in the year for which elected and until their successors are elected. Meetings, etc. Said board of education shall adopt an official seal, for use when necessary, the wording on said seal to read: Seal. Coweta County School SystemCreated 1969.

Page 1459

The Coweta County School System Board of Education shall have the power to employ and fix the salaries of any and all personnel necessary to effectuate the proper administration of said school system, including a superintendent of education for said system. The duties of the superintendent of education shall be the same as those of county superintendents of schools under the general laws of Georgia, but such duties may be decreased, increased, or otherwise modified by action of said board. The duties of any other personnel appointed by said board shall be such as the board may designate, and in the absence of such designation shall be the same as the duties of their respective classifications under the general laws of Georgia. Personnel. The Coweta County School System shall have the power to provide, and pay such part of the cost of a program for the benefit of its employees as it deems best including retirement benefits and sickness, health, accident, hospitalization and life insurance. Same. That said board of education may enter into written contracts with teachers and other personnel of said system and into contracts for transportation of pupils, but none of such contracts shall be made for a longer period than twelve months; except that said board may enter into a written contract with a superintendent of education for any period not exceeding four (4) years. Contracts. All contracts, bonds and other evidence of indebtedness entered into or issued or incurred by said board shall be signed on behalf of the board by the chairman (and in his absence by the vice chairman) and attested by the secretary, or any other officer designated by the board; except that contracts with teachers and other personnel shall, when so authorized by the board, be executed by the superintendent of education or other person as the board may designate, and that contracts for supplies, labor and repairs may be made on behalf of the board by the superintendent or other person as the board may designate where the expenditure involved for any one commitment does not exceed such amount as may from time to time be fixed by the board. Same.

Page 1460

All disbursements of funds of said school system shall be by check signed in such manner as shall be designated by the board. Disbursements. That for the purpose of providing funds for the said Coweta County School System returns for taxation of all property in said County of Coweta liable for taxation shall be made to the same officials, county and State, as in case of returns of taxes for county and State purposes, and the same provisions, as to time, method and officials and boards in which powers are vested under the laws of Georgia relating to State and county taxes, shall be applicable to taxation for any of the purposes of said school system, including the time, place and manner of assessments, payment and collection of taxes, date, rank and fixation of tax liens, issuance and levy of executions, affidavits of illegality and other defenses, and all other methods and provisions provided under the laws of Georgia with respect to such taxation. Taxation. That the Board of Education of said Coweta County School System shall annually, within the time required by law, recommend to the Commissioners of Roads and Revenues of Coweta County the rate of the levy necessary to be made for taxes for the support and maintenance of said school system; and said commissioners shall levy a tax, to the extent now or hereafter permitted by the Constitution and laws of Georgia, as recommended by said board. Taxation. All liens for school taxes unpaid July 1, 1969, whether arising for the benefit of the heretofore existing independent school system of the City of Newnan or for the benefit of the existing school district of Coweta County outside the corporate limits of Newnan, shall remain of full force and effect and all powers provided for the enforcement thereof shall also remain of full force and effect. All such unpaid school taxes shall accrue to the benefit of said Coweta County School System. Liens. That in addition to obligations allowed to be incurred by the provisions of this constitutional Amendment and

Page 1461

The Constitution of the State of Georgia and the general and special laws of Georgia, now or hereafter in force, authority is hereby given to the said board of education to make temporary loans in each year for the benefit of said school system, for its support and maintenance, the temporary loans to be made between January first and December thirty-first in each year to pay the expenses of said support and maintenance for such year. Loans. The aggregate amount of temporary loans outstanding at any time shall not exceed the total gross income of said Coweta County School System from all sources during the preceding calendar year; and the aggregate amount of temporary loans which may be made for the benefit of said school system for the fiscal year 1969-1970 shall not exceed the total gross income from all sources of the heretofore existing independent school system of the City of Newnan and of the heretofore existing school system of Coweta County outside the corporate limits of Newnan, for the fiscal year 1968-1969. Same, amount. Any such loan shall be payable on or before December thirty-first of the calendar year in which made, and no loan may be made in any year when there is a loan then unpaid which was made in a prior year. Any person, firm or corporation making temporary loans to said school system may rely exclusively upon the resolution of said board of education authorizing said loan so far as concerns compliance with all requirements of law of said loan or loans. Anything in this Constitution to the contrary notwithstanding the Coweta County School System is hereby authorized to incur an additional indebtedness for the purpose of constructing, erecting, enlarging, repairing, and improving the necessary school buildings and related facilities for school, education, and physical development therefor and paying the expenses incident thereto and evidence the same by the issuance, from time to time, of school bonds and evidences of indebtedness,

Page 1462

but the aggregate principal amount of such school bonds outstanding at any one time shall not exceed seven per centum (7%) of the assessed value of all taxable property within the County subject to taxation for bond purposes. Said debt limitation shall be in addition to and separate from the seven per centum (7%) debt limitation now imposed by Article VII, Section VII, Paragraph I of the Constitution. Nothing herein contained shall limit or otherwise affect the amount of bonds Coweta County may issue under Article VII, Section VII, Paragraph I of the Constitution for other purposes. Said County is hereby authorized to levy taxes without limitation as to rate or amount sufficient to pay the principal of and interest on said bonds as same mature. The issuance or non-issuance of said school bonds shall be submitted to the registered, qualified voters of the County for their determination as provided under Article VII, Section VII, Paragraph I of the Constitution and the laws of this State. Indebtedness Said board of education is hereby granted all the powers of eminent domain necessary to the proper administration of said school system, with all authority to execute such powers as is, or may hereafter be, provided by any other laws of Georgia. Eminent domain. The City of Newnan and the County of Coweta are hereby authorized to appropriate money from their general funds to the said board of education for educational purposes and said board of education is hereby authorized to accept and expend for such purposes any moneys so appropriated and also any moneys or property donated to said board by any other person, firm or corporation, and Coweta County and/or the City of Newnan is hereby given the authority to levy and collect such taxes as either may deem wise or necessary for such purposes. Funds. On July 1, 1969 all property and facilities and all assets, debts and obligations including the bonded indebtedness incurred for the benefit of the county school system of Coweta County and the independent school system of the City of Newnan to be merged into the Coweta County

Page 1463

School System shall become the property, facilities, assets, debts and obligations of the Coweta County School System. Property. Any real property and all improvements thereto of said Coweta County School System which, in the opinion of said Board of Education, is no longer suitable for its purpose, may be sold, exchanged or otherwise disposed of to another political subdivision at private sale, exchange or other disposition for such consideration as the Board may deem best, or the Board may sell same at public sale to the highest bidder at such time and place and on such terms and conditions it may deem best after advertising the time, place, terms and conditions of said sale for two consecutive weeks in the official organ of Coweta County. Any personal property of said Coweta County School System may be disposed of in such manner as the Board may deem best. Surplus property. That said Coweta County School System and teachers and other personnel now or hereafter eligible by law to participate therein employed by it shall be subject and entitled to the provisions of the teachers retirement system of said State of Georgia as now established and as may hereafter be amended. That said Coweta County School System and its employees shall be subject to the Social Security Act, as now in force, or hereafter amended, and shall participate therein. Retirement system. That except as otherwise provided in this constitutional amendment, the said Coweta County School System and said board of education shall be subject to, and shall have and enjoy all the rights, benefits and privileges granted by the laws of the State of Georgia and its Constitution applicable to county school systems and county boards of education. The county school system of Coweta County and the Board of Education thereof, and the independent school system of the City of Newnan, and the Board of Education thereof, shall continue to exist until June 30, 1969. The term of the superintendent of the Coweta County

Page 1464

School System shall end on June 30, 1969, and his or her compensation from the State of Georgia and/or the Coweta County Board of Education shall end on that date. Effective date. The term of office of the Superintendent of Education of the Coweta County School System shall begin when appointed and qualified, and his or her compensation from the State of Georgia and/or the Coweta County School System shall begin on July 1, 1969. Superintendent. During the period of time when the Coweta County School System and the county school system of Coweta County and the independent school system of the City of Newnan are all in existence, the county school system of Coweta County, its board of education, and its school superintendent, and other employees and the independent school system of the City of Newnan, its board of education and its school superintendent and other employees are authorized and directed to tender to the Coweta County School System and its board of education such assistance such as clerical help, office space, etc., and advice as may be necessary to effect an orderly transition of the two systems into the new system. Transition. The Coweta County School System 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. Intent. Coweta County, the Coweta County Board of Education, the Board of Education of the City of Newnan and the City of Newnan are hereby authorized to execute and deliver such deeds, conveyances, or bills of sale for real or personal property as may be necessary to effectuate the intentions of this amendment. This amendment shall be self executing and no additional legislation by the General Assembly shall be required

Page 1465

to make it operative; however, the General Assembly is authorized to provide by law for such matters as may be necessary for the operation and control of the Coweta County School System not otherwise provided for herein. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: YES () NO () Shall the Constitution be amended so as to create the Coweta County School System by merging the county school system of Coweta County and the independent school system of the City of Newnan? 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. The proposed amendment shall be voted upon by such qualified voters of Coweta County as may desire to, and do, vote. The votes of the qualified voters of Coweta County who desire to, and do, vote who reside in the City of Newnan shall be kept separate from the votes of the qualified voters of Coweta County who desire to, and do, vote who do not reside in the City of Newnan. A separate tabulation shall be made of the votes cast by residents of the City of Newnan and those cast by residents of Coweta County living outside the City of Newnan. If a majority of the votes cast by residents

Page 1466

of the City of Newnan is in favor of ratifying the amendment, and a majority of the votes cast by residents of Coweta County living outside of the City of Newnan is in favor of ratifying the amendment, then said amendment shall be deemed to have been ratified; but, if a majority of the votes cast by residents of the City of Newnan is against ratifying the amendment, or a majority of the votes cast by residents of Coweta County living outside of the City of Newnan is against ratifying the amendment, then the amendment shall be deemed not to have been ratified. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon. Approved February 29, 1968. CITY OF DALTON BUILDING AUTHORITY. Proposed Amendment to the Constitution. No. 103 (House Resolution No. 659-1440). A Resolution. Proposing an amendment to the Constitution so as to create The City of Dalton Building Authority and 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 the validation and effect thereof; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

Page 1467

Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section VI, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following: THE CITY OF DALTON BUILDING AUTHORITY A. Creation . There is hereby created a body politic to be known as The City of Dalton Building Authority which shall be deemed to be an instrumentality of the State of Georgia and a public corporation and in that name, style and title said body may contract and be contracted with, sue and be sued, plead and be interpleaded, and complain and defend in all courts of law and equity. In the event the name of said Authority shall ever become the subject of change, the same may be accomplished by an Act of the General Assembly. B. Purpose. The said Authority is created for the purpose of acquiring, constructing, equipping, maintaining and operating self-liquidating projects embracing buildings and facilities for use by The City of Dalton, Georgia, for its governmental, proprietary and administrative functions and for the use by such other agencies, authorities, departments and political subdivisions of the State of Georgia or the government of the United States as may contract with the Authority for the use of such facilities. The City of Dalton, Georgia, is hereby granted the authority to lease or sell lands, buildings or land and buildings now owned by The City of Dalton, Georgia, to said Authority by appropriate resolution of its governing body and upon such terms and conditions as such governing body shall prescribe; provided, that such sales by The City of Dalton, Georgia, to the Authority shall be for cash, and provided that such leases shall not exceed fifty (50) years in duration. C. Membership. The Authority shall consist of five members as follows: one shall be the Mayor of the City of Dalton, Georgia; one shall be a member of the City Council of said City to be appointed by said City Council; one shall

Page 1468

be a banker or other person having knowledge of financial matters, who is a resident of the City of Dalton, to be appointed by the Mayor and Council of said City; one shall be a businessman, who is a resident of the City of Dalton, to be appointed by the Mayor and Council of said City; and one shall be a citizen of the City of Dalton, who is a freeholder and qualified registered voter of said City, to be appointed by the Mayor and Council of said City. The terms of office of the members who are the Mayor and City Councilman shall be concurrent with their terms of office as Mayor and Councilman. The terms of office of the remaining members of the Authority shall be four years and until their successors are appointed and qualified. Successors to such members and to the member who is a City Councilman shall be appointed as the original members were appointed, as provided herein, and any vacancies shall be filled by the appointing authority, as provided herein, for the unexpired term. Immediately after such appointments, the members of such Authority shall enter upon their duties. The Authority shall elect one of its members as Chairman, and one as Vice-Chairman, and shall also elect a Secretary and Treasurer, which Secretary and Treasurer need not necessarily be a member of the Authority. Three members of the Authority shall constitute a quorum. No vacancy on the Authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the Authority. The members of the Authority shall receive no compensation for their services but may be reimbursed by the Authority for their actual expenses necessarily incurred in the performance of their duties. The Authority shall make rules and regulations for its own government. It shall have perpetual existence. In the event the number of the members of the Authority or the qualifications 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. D. Definitions. As used herein the following words and terms shall have the following meanings:

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(1) The word `Authority' shall mean The City of Dalton Building Authority herein created. (2) The words `The City of Dalton' and `City' shall mean the corporate body created by the General Assembly of Georgia under the name and style of `The City of Dalton'. (3) The word `project' shall be deemed to mean and include one or a combination of two or more of the following: buildings and facilitate intended for use as courthouse, jail, police station, fire station, administrative offices and other offices and related uses, and all buildings, structures, electric, gas, steam and water utilities and facilities of every kind and character deemed by the Authority necessary or convenient for the efficient operation of any department, board, office, commission or agency of The City of Dalton in the performance of its governmental, proprietary and administrative functions, or of such buildings and facilities intended for use by any division, department, institution, agency or political subdivision of the State of Georgia, or the government of the United States. (4) The term `cost of the project' shall embrace the cost of construction, the cost of all lands, properties, rights and easements and franchises acquired, the cost of all machinery and equipment, financing charges, interest prior to and during construction, cost of engineering, architectural and legal expenses, and of plans and specifications, and other expenses necessary or incident to determining the feasibility or practicability of the project, administrative expense, and such other expenses as may be necessary or incident to the financing herein authorized, the construction of any project, the placing of the same in operation, and the condemnation of property necessary for such construction and operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the proceeds or revenue bonds issued under the provisions herein.

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(5) The terms `revenue bonds' and `bonds' are used in this amendment, shall mean revenue bonds under the provisions of the Revenue Bond Law (Ga. Laws 1957, pp. 36, et seq.) amending the law formerly known as the Revenue Certificate Law of 1937 (Ga. Laws 1937, pp. 761, et seq., as amended) and such type of obligations may be issued by the Authority as authorized under said Revenue Bond Law and in addition, shall also mean obligations of the Authority, the issuance of which are hereinafter specifically provided for herein. (6) Any project or combination of projects shall be deemed `self-liquidating' if, in the judgment of the Authority the revenues to be derived by the Authority from rentals of said project or projects to The City of Dalton or agencies, authorities, departments and political subdivisions of the State of Georgia and of the United States will be sufficient to pay the cost of maintaining, repairing and operating the project and to pay the principal and interest of revenue bonds which may be issued for the cost of such project, projects, or combination of projects. E. Powers. The Authority shall have the powers: (1) To have a seal and alter the same at pleasure. (2) To acquire by purchase, lease or otherwise, and to hold, lease and dispose of real and personal property of every kind and character for its corporate purposes. (3) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper or by condemnation in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, real property or rights of easements therein or franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue and to lease or make contracts with respects to the use of or dispose of the same in any manner it deems to the best advantage of the Authority, the Authority being under no obligation to accept and pay for any property condemned

Page 1471

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 incumbrance exists, unless at the time such property is so acquired a sufficient sum of money be deposited in trust to pay and redeem the fair value of such lien or incumbrance. (4) To appoint and select officers, agents and employees, including engineering, architectural and construction experts, fiscal agents and attorneys, and fix their compensation. (5) To make contracts and leases and to execute all instruments necessary or convenient, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be erected or acquired, and The City of Dalton and any divisions, departments, institutions, agencies, counties or political subdivisions of the State of Georgia are hereby authorized to enter into contracts, leases or agreements with the Authority upon such terms and for such purposes as they deem advisable; and without limiting the generality of the above authority is specifically granted to the said City and any division, department, institution, agency or political subdivision of the State of Georgia to enter into lease contracts and related agreements for the use of any structure, building or facility or a combination of any two or more structures, buildings or facilities of the Authority for a term not exceeding fifty years and any division, department, institution, agency or political subdivision of the State of Georgia may obligate itself to pay an agreed sum for the use of such property and The City of Dalton may enter into lease contracts and related agreements for the use of any structure, building or facility or a combination of two or more structures, buildings or facilities of the Authority for a term not exceeding fifty years upon a majority vote of its governing body and may obligate itself to pay an agreed sum for the

Page 1472

use of such property so leased and also obligate itself as a part of the undertaking to pay the cost of maintaining, repairing and operating the property furnished by and leased from the Authority. (6) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate and manage projects, as hereinabove defined, to be located on property owned by or leased by the Authority, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds of the Authority or from such proceeds and any grant from the United States of America or any agency or instrumentality thereof. (7) To accept loans and/or grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof upon such terms and conditions as the United States of America or such agency or instrumentality may impose. (8) To borrow money for any of its corporate purposes and to issue negotiable 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. (9) To exercise any power usually possessed by private corporations performing similar functions, which is not in conflict with the Constitution and laws of this State. (10) To do all things necessary or convenient to carry out the powers expressely given herein. F. Revenue Bonds . The Authority, or any authority or body which has or which may in the future succeed to the powers, duties and liabilities vested in the Authority created hereby shall have power and is hereby authorized at one time, or from time to time, to provide by resolution for the issuance of negotiable revenue bonds, for the purpose of paying all or any part of the cost as herein defined of any one or more projects. The principal and interest of such revenue bonds shall be payable solely from the special fund herein provided for such payment. The bonds of each

Page 1473

issue shall be dated, shall bear interest at such rate or rates not exceeding the maximum limit prescribed in the Revenue Bond Law or any amendment thereto, shall be payable semiannually, shall mature at such time or times not exceeding thirty (30) 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. Such revenue bonds or obligations shall be issued pursuant to and in conformity with the Revenue Bond Law (Ga. L. 1957, p. 36, et seq.) amending the law formerly known as the Revenue Certificate Law of 1937 (Ga. L. 1937, p. 761, et seq., as amended), and all procedures pertaining to such issuance and the conditions thereof shall be the same as those contained in said Revenue Bond Law and any amendments thereto. G. Same; Form; Denominations; Registration; Place of Payment. The Authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereof which may be at any bank or trust company within or without the State. The bonds may be issued in coupon or registered form or both, as the Authority may determine and provision may be made for the registration of any coupon bond as to the principal alone and also as to both the principal and interest. H. Same; Signature; Seal. In case any officer whose signature shall appear on any bonds or whose facsimile signature shall appear on any coupon shall cease to be an 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 attested by the Secretary and Treasurer of the Authority and the official seal of the Authority shall be affixed thereto and any coupons attached thereto shall

Page 1474

bear the facsimile signatures of the Chairman and Secretary and Treasurer of the Authority. 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 delivery and payment of such bonds such persons may not have been so authorized or shall not have held such office. I. Same; Negotiability; Exemption from Taxation . All revenue bonds issued under the provisions hereof shall be fully negotiable for all purposes and shall have and are hereby declared to have all of the qualifications of negotiable instruments under the laws of the State. Such bonds are declared to be issued for an essential public and governmental purpose and the said bonds and the income thereof shall be exempt from all taxation within the State. J. Same; Sale; Price . The Authority may sell such bonds in such manner and for such price as it may determine to be for the best interest of the Authority. K. Same; Proceeds of Bonds . The proceeds of such bonds shall be used solely for the payment of the cost of the project or projects, and 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 any 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 such funds as may be provided in the resolution authorizing the issuance of the bonds or in the trust indenture. L. Same; Interim Receipts and Certificates or Temporary Bonds . Prior to the preparation of definite bonds, the Authority may, under like restrictions issue interim

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receipts, interim certificates or temporary bonds, with or without coupons exchangeable for definitive bonds upon the issuance of the latter. M. Same; Replacement of Lost or Mutilated Bonds . The Authority may also provide for the replacement of any bond which shall become mutilated or be destroyed or lost. N. Same; Conditions Precedent to Issuance; Object of Issuance . Such revenue bonds may be issued without any other proceedings or the happening of any other conditions and things which are specified or required herein. In the discretion of the Authority, revenue bonds of a single issue may be issued for the purpose of any particular project. Any resolution, providing for the issuance of revenue bonds upon the provisions hereof 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 the quorum as herein provided. O. Same; Credit Not Pledged and Debt Not Created . Revenue bonds issued by the Authority hereunder shall not be deemed to constitute a debt of The City of Dalton, Georgia, nor of any municipality, county, authority, or political subdivision of the State of Georgia or instrumentality of the United States Government which may contract with such Authority. No contracts entered into by the Authority with any such municipality, county, authority or political subdivision of the State of Georgia or instrumentality of the United States Government shall create a debt of the respective municipalities, counties, authorities or political subdivisions of the State of Georgia within the meaning of Article VII, Section VII, Paragraph I of the Constitution of the State of Georgia, but any such municipality, county, authority or political subdivision of the State of Georgia may obligate itself to pay the payments required under such contracts from monies received from taxes and from any other source without creating a debt within the meaning of Article VII, Section

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VII, Paragraph I of the Constitution of the State of Georgia. P. Same; Trust Indenture as Security . In the discretion of the Authority, any issue of such revenue bonds may be secured by a trust indenture by and between the Authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside of the State. Such trust indenture may pledge or assign fees, tolls, revenues and earnings to be received by the Authority, including the proceeds derived from the sale from time of any surplus property of the Authority, both real and personal. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the Authority in relation to the acquisition of property, the construction of the project, the maintenance, operation, repair and insurance of the property, and the custody, safeguarding and application of all monies, including the proceeds derived from the sale of property of the Authority, both real and personal, and may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the Authority, and satisfactory to the original purchasers of the bonds issued therefor and may also require that the security given by contractors and by any depository of the proceeds of the bonds or revenues or other monies be satisfactory to such purchasers, and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this State to act as such depository and to furnish such indemnifying bonds or pledge such securities as may be required by the Authority. Such indenture may set forth the rights and remedies of the bondholders and of the trustee, and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing,

Page 1477

such trust indenture may contain such other provisions as the Authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation and repair of the project affected by such indenture. Q. Same; To Whom Proceeds of Bonds Shall be Paid . The Authority shall, in the resolution providing for the issuance of revenue bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds to any officer or person who or any agency, bank or trust company which shall act as trustee of such funds and shall hold and apply the same to the purposes hereof, subject to such regulations as are herein provided and such regulations as may be provided in such resolution or trust indenture. R. Same; Sinking Fund . The revenues, fees, tolls and earnings derived from any particular project or projects, regardless of whether or not such fees, earnings and revenues were produced by a particular project for which bonds have been issued and any monies derived from the sale of any properties, both real and personal of the Authority, unless otherwise pledged and allocated, may be pledged and allocated by the Authority to the payment of the principal and interest on revenue bonds of the Authority as the resolution authorizing the issuance of the bonds or in the trust instrument may provide, and such funds so pledged from whatever source received, which said pledge may include funds received from one or more or all sources, shall be set aside at regular intervals as may be provided in the resolution or trust indenture, into a sinking fund which said sinking fund shall be pledged to and charged with the payments of (1) the interest upon such revenue bonds as such interest shall fall due, (2) the principal of the bonds as the same shall fall due, (3) the necessary charges of paying agent or agents for paying principal and interest, and (4) any premium upon bonds retired by call or purchase as hereinabove provided. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution

Page 1478

authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be a fund for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or in the trust indenture surplus monies in the sinking fund may be applied to the purchase or redemption of bonds and any such bonds so purchased or redeemed shall forthwith be cancelled and shall not again be issued. S. Same; Remedies of Bondholders . Any holder of revenue bonds issued under the provisions hereof or any of the coupons appertaining thereto, and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted hereunder such resolution or trust indenture, and may enforce and compel performance of all duties required herein or by such resolution or trust indenture, to be performed by the Authority, or any officer thereof, including the fixing, charging, and collecting of revenues, fees, tolls, and other charges for the use of the facilities and services furnished. T. Same; Refunding Bonds . The Authority is hereby authorized to provide by resolution for the issue of revenue bonds of the Authority for the purpose of refunding any revenue bonds issued under the provisions hereof and then outstanding, together with accrued interest thereon. The issuance of such revenue refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the Authority in respect to the same, shall be governed by the foregoing provisions hereof insofar as the same may be applicable. U. Same; Venue and Jurisdiction . Any action to protect or enforce any rights under the provisions hereof or any suit or action against such Authority shall be brought

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in the Superior Court of Whitfield County, Georgia, and any action pertaining to validation of any bonds issued under the provisions hereof shall likewise be brought in said court which shall have exclusive, original jurisdiction of such actions. V. Same; Validation . Bonds of the Authority shall be confirmed and validated in accordance with the procedure of the Revenue Bond Law. The petition for validation shall also make party defendant to such action any municipality, county, authority, subdivision, or instrumentality of the State of Georgia or the United States Government or any department or agency of the United States Government, if subject to be sued, which has contracted with the Authority for the services and facilities of the project for which bonds are to be issued and sought to be validated and such municipality, county, authority, subdivision or instrumentality shall be required to show cause, if any, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the validity of the terms thereof be determined and the contract or contracts adjudicated as security for the payment of any such bonds of the Authority. The bonds when validated and the judgment of validation shall be final and conclusive with respect to such bonds, against the Authority issuing the same, and any municipality, county, authority, subdivision, or instrumentality of the United States Government, if a party to the validation proceedings, contracting with the said The City of Dalton Building Authority. W. Same 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 will be created which will compete with the Authority to such an extent 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

Page 1480

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. X. Monies received Considered Trust Funds . All monies received pursuant to the Authority hereof, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenues, income, fees, and earnings shall be deemed to be trust funds to be held and applied solely as provided for herein. Y. Exemption from Taxation . It is hereby declared that the Authority will be performing an essential governmental function in the exercise of the power conferred upon it hereunder and that 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 the buildings erected or acquired by it or any fees, rentals or other charges for the use of such buildings or other income received by the Authority. Z. Immunity from Tort Actions . The Authority shall have the same immunity and exemption from liability for torts and negligence as the State of Georgia has 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. The Authority may be sued in the same manner as private corporations may be sued on any contractural obligation of the Authority. AA. Property 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.

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BB. Construction . This amendment and all provisions, rights, powers and authority granted hereunder shall be effective, notwithstanding any other provision of the 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. CC. Effective Date . This amendment shall be effective immediately upon proclamation of its ratification by the Governor. DD. 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 duties of the Authority and the exercise thereof and may enlarge and restrict the same and may, likewise, further regulate the management and conduct of the Authority not inconsistent with the provisions of this amendment. The Authority shall be an instrumentality of the State of Georgia, and the scope of its operation shall be limited to the territory embraced within the corporate limits of The City of Dalton, Georgia, as the same now or may hereafter exist and with the limits of the area of Whitfield County, Georgia. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thrids of the members elected to each of the two branches of the General Assembly, 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 ballott submitting the above proposed amendment shall have written or printed thereon the fallowing: YES () NO () Shall the Constitution be amended so as to create The City of Dalton Building Authority and provide for powers, authority, limitations, funds, purposes and procedures connected therewith and to authorize

Page 1482

the Authority to issue its revenue bonds and to provide the method and manner of such issuance and the validation and 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 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 13, 1968. DALTON-WHITFIELD COUNTY DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 104 (House Resolution No. 670-1440). A Resolution. Proposing an amendment to the Constitution so as to create the Dalton-Whitfield 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.

Page 1483

Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section VII, Paragraph V of the Constitution is hereby amended by adding at the end thereof the following: A. There is hereby created a body corporate and politic in Whitfield County to be known as the Dalton-Whitfield County Development Authority, which shall be an instrumentality of the State of Georgia and Whitfield 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 Chairman of the Dalton-Whitfield County Planning Commission shall be a member. The Chairman of the Whitfield County Board of Commissioners shall be a member. Two members shall be freeholders and qualified registered voters of Whitfield County, selected by the Board of Commissioners of Whitfield County. Two members shall be freeholders and qualified registered voters of the City of Dalton, selected by the Mayor and Council of the City of Dalton. The term of office of the two members selected by the Board of Commissioners of Whitfield County shall be four years and until their successors shall be selected and appointed. The term of office of the two members selected by the Mayor and Council of the City of Dalton shall be for four years and until their successors shall be selected and appointed. The term of office of the Chairman of the Whitfield County Board of Commissioners shall be the same as his term of office as Chairman of the Whitfield County Board of Commissioners. The term of office of the Mayor of the City of Dalton shall be the same as his term of office as Mayor of the City of Dalton. The term of office of the Chairman of the Dalton-Whitfield County Planning Commission shall be the same as his term of office as Chairman of said Planning Commission and until his successor as Chairman of said Commission has been selected. All members of the said Authority 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

Page 1484

Assembly, and such additional powers as may be delegated to the Authority by Whitfield County. Members of the Authority shall be residents of Whitfield 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, etc. 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 Whitfield 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,; Property. D. The powers of the Authority shall include, but not be limited to, the power: (1) To receive and administer gifts, grants and donations and to administer trusts; Powers. (2) To borrow money, to issue notes, bonds and revenue obligations, to execute trust agreements or indentures, and to sell, convey, mortgage, pledge and assign any and all of its funds, property, contract rights and income as security therefor; (3) To contract with political subdivisions of the State of Georgia and with private persons and corporations and to sue and be sued in its corporate name; (4) To have and exercise usual powers of private corporations except such as are inconsistent with this amendment, including the power to appoint and hire officers, agents and employees and to provide their compensation and duties; which officers and agents may or may not be members of the Authority, and the power to adopt and

Page 1485

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 Whitfield 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 Whitfield 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 vested; (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 1486

E. The Authority shall not be authorized to create in any manner any debt, liability or obligation against the State of Georgia or Whitfield 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 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 Whitfield County to pay any such bonds or the interest thereon nor to enforce payment therefor against any property of Whitfield 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 expenses; Use of funds. 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

Page 1487

shall revert to Whitfield 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 Whitfield County. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare industry and trade within Whitfield 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 ninety 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 Whitfield County and the scope of 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 Whitfield 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 General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

Page 1488

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 Whitfield 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 Secreary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon. Approved March 13, 1968. GILMER COUNTYISSUANCE OF TAX FI.FAS. BY TAX COMMISSIONER. Proposed Amendment to the Constitution. No. 106 (House Resolution No. 719-1522). A Resolution. Proposing an amendment to the Constitution, so as to provide that the tax commissioner of Gilmer County shall be authorized to collect tax fi. fas. issued by the tax commissioner; to provide for the submission of this amendment for ratification or rejection; and for ther purposes.

Page 1489

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 paragraph: The tax commissioner of Gilmer County shall have full power and authority to levy and collect all tax fi. fas. issued by said tax commissioner as fully and effectively as if done by the sheriff of said county. The tax commissioner shall have the power to bring all property subject to said fi.fas. to sale and to sell the same in accordance with the procedures relating to sheriffs' sales as is now or may hereafter be provided by law. For the purposes of collecting tax fi-fas., the tax commissioner is hereby vested with all such powers and authority as is by law granted to sheriffs insofar as levies, sales and conveyances of property are concerned. The tax commissioner, in carrying out the provisions of this paragraph, shall have the power and authority to appoint one or more deputies which shall have all the powers of said tax commissioner only insofar as the levy and collection of taxes is concerned. The advertisements, actual sales and conveyances and bills of sale, however, are to be made only by the tax commissioner. Said deputies shall be required to give such bond as may be required by the tax commissioner. Such deputy or deputies shall have no power or authority except with respect to the levy of said tax fi-fas. and the collection of taxes, and shall hold the office of deputy at the pleasure of the tax commissioner. The tax commissioner shall be responsible for the acts of the deputy or deputies as sheriffs are now liable for the acts of their deputies. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

Page 1490

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 tax commissioner of Gilmer County to collect tax fi. fas. issued by the tax commissioner? 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 18, 1968. MILLEDGEVILLEBALDWIN COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 108 (House Resolution No. 386-880). A Resolution. Proposing an amendment to the Constitution, so as to create the Milledgeville-Baldwin 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.

Page 1491

Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section VII, Paragraph V of the Constitution is hereby amended by adding at the end thereof the following: A. There is hereby created a body corporate and politic in Baldwin County, to be known as the Milledgeville-Baldwin County Industrial Development Authority, which shall be an instrumentality of Baldwin 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 Baldwin County and five members to be appointed by the mayor and councilmen of the City of Milledgeville. They shall serve for a term of five years. Vacancies shall be filled for the unexpired term by the respective appointing authorities. A majority of the members shall constitute a quorum and a majority may act for the Authority in any matter. The Authority shall elect its own chairman and such other officers as it deems wise. The Chairman shall vote only to break an otherwise tie vote on any question. No vacancy shall impair the power of the Authority to act. Members, etc. C. The property, obligations and the interest on the obligations of the Authority shall have the same immunity from taxation as the property, obligations and interest on the obligations of Baldwin 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. The exemption from taxation shall not extend to any leasehold interest in any property of the Authority. Taxation. 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.

Page 1492

(2) To borrow money, to issue notes, bonds and revenue certificates, to execute trust agreements or indentures, and to sell, convey, mortgage, pledge and assign any and all of its funds, property and income as security therefor; (3) To contract with political subdivisions of the State of Georgia and with private persons and corporations and to sue and be sued in its corporate name; (4) To have and exercise usual powers of private corporation except such as are inconsistent with this amendment, including the power to appoint and hire officers, agents and employees and to provide their compensation and duties, which officers and agents may or may not be members of the Authority, and the power to adopt and amend a corporate seal and bylaws and regulations for the conduct and management of the Authority; (5) To encourage and promote the expansion and development of industrial and commercial facilities in Baldwin 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 Baldwin 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

Page 1493

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, City of Milledgeville or Baldwin 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 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 here and such trust agreement or indenture may

Page 1494

provide for foreclosure or forced sale of any property of the Authority upon default on such bonds either in payment of principal or interest or under any term or condition under which such bonds are issued. Nothing herein contained shall be construed to create a right to compel any exercise of the taxing power of the City of Milledgeville or Baldwin County to pay any such bonds or the interest thereon nor to enforce payment thereof against any property of the City of Milledgeville or Baldwin County. Bonds. H. The Authority may authorize additional bonds, for extensions and permanent improvements to any industrial building acquired hereunder, to be placed in escrow and to be negotiated from time to time as proceeds for that purpose may become necessary. Bonds so placed in escrow shall, when sold and delivered, have such standing with the bonds of the same issue as may be provided in the authorizing proceedings. 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 Baldwin County; Same. (2) The lessee or purchaser of the building or buildings involved will not by virtue of establishing operations in said county, reduce the number of employees employed by said lessee or purchaser elsewhere in the State of Georgia. J. No moneys derived by the Authority from any source other than gifts and contributions from private individuals, firms, or corporations shall at any time be used for entertainment, or other promotional expenses. Gifts. K. Should said Authority for any reason be dissolved, title to all property of every kind and nature, real and personal, held by the Authority at the time of such dissolution shall revert to the City of Milledgeville and Baldwin County subject to any mortgages, liens, leases or other

Page 1495

encumbrances outstanding against or in respect to said property at that time. L. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare industry and trade within Baldwin County and reducing unemployment to the greatest extent possible, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of these purposes. Purpose. M. This amendment shall be effective immediately upon proclamation of its ratification by the Governor and the first members of the Authority shall be appointed, within thirty (30) days after such proclamation. Effective date. N. The General Assembly may by law further define and prescribe the powers and duties of the Authority and the exercise thereof, and may enlarge and restrict the same, and may likewise further regulate the management and conduct of the Authority. The Authority shall be an instrumentality of the City of Milledgeville and Baldwin 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 in 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 Milledgeville and Baldwin County Industrial Development Authority?

Page 1496

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 21, 1968. PULASKI COUNTYHAWKINSVILLE DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 109 (House Resolution No. 447-973). 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 ther 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

Page 1497

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. Members, etc. (2) Two members shall be appointed by the Commissioner of Roads and Revenues of Pulaski County. (3) One member shall be the Chairman of the Board of Commissioners of the City of Hawkinsville. (4) Two members 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. (7) One member shall be the chief executive officer of the Pulaski Banking Company of Hawkinsville. 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

Page 1498

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. Taxation. D. The powers of the Authority shall include, but not be limited to the power: Powers. (1) To receive and administer gifts, grants and donations and to administer trusts; (2) To borrow money, to issue notes, bonds and revenue certificates, to execute trust agreements or indentures, and to sell, convey, mortgage, pledge and assign any and all of its funds, property and income as security therefor; (3) To contract with political subdivisions of the State of Georgia and with private persons and corporations and to sue and be sued in its corporate name; (4) To have and exercise usual powers of private corporations except such as are inconsistent with this amendment, including the power to appoint and hire officers, agents, and employees and to provide their compensation and duties, which officers and agents may or may not be members of the Authority, and the power to adopt and amend a corporate seal and by-laws and regulations for the conduct and management of the Authority; (5) To encourage and promote the expansion and development of industrial and commercial facilities in Pulaski

Page 1499

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 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

Page 1500

State of Georgia, Pulaski County or the City of Hawkinsville. 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 then outstanding, 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 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. Sme. I. No bonds except refunding bonds shall be issued hereunder unless the Authority shall have found and

Page 1501

declared that the undertaking for which the bonds are to be issued will increase employment within Pulaski 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 with reference to the Authority shall be liberally construed for the accomplishment of these purposes. Purpose. M. This amendment shall be effective immediately upon proclamation of its ratification by the Governor and the first members of the Authority shall 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 Pulaski 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.

Page 1502

Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly 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 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 21, 1968.

Page 1503

CITY OF THOMASTONUPSON COUNTYJOINT BOARD OF TAX ASSESSORS, ETC. Proposed Amendment to the Constitution. No. 110 (House Resolution No. 459-1013). A Resolution. To amend the Constitution of the State of Georgia so as to authorize the General Assembly to consolidate and combine the Board of Tax Assessors of real and personal property of the City of Thomaston and the County of Upson, to provide the powers and duties of such joint board of tax assessors, to require that all taxable property in said city and county be returned for taxation to the Tax Commissioner of Upson County and the taxes due thereon paid to said Tax Commissioner, to fix the time for making such returns and paying said taxes, and the maner of enforcement of said taxes, to provide the manner of paying the expenses incurred in such assessment and collection, to authorize the use of joint tax forms and digest; 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, and it is hereby resolved by virtue of the authority thereof: Section 1. Article XI, Section I, Paragraph VI of the Constitution of the State of Georgia is hereby amended by adding thereto the following: A. The General Assembly of Georgia shall have the power by general or special law to: (1) Consolidate and combine the Board of Tax Assessors of the City of Thomaston and the County of Upson, and to define the jurisdiction, powers and duties thereof, the number, terms and qualifications of the members of such board, the method of appointment and of filling vacancies, and for the removal and remuneration of said members, and

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(2) Authorize said joint board to assess all taxable real and personal property in said county and city for taxation by either the County of Upson for state, county, school or other ad valorem taxes or by the City of Thomaston for all purposes which may now or hereafter be authorized by law, and (3) Require that all property taxable by either said city or county be returned for taxation to the Tax Commissioner of Upson County, Georgia, and that the taxes due thereof to either said city of county be paid to and collected by the Tax Commissioner of Upson County, Georgia, and to fix the time for making such returns and paying said taxes, and (4) To provide the manner of enforcing the collection of said city, state, county, school and other ad valorem taxes, and (5) Authorize or direct appropriations by said city or county, or by both, or provide otherwise, for the support of said joint board of tax assessors, and (6) Fix the amount of compensation to be paid by the City of Thomaston to the Board of Commissioners of Roads and Revenue of Upson County, Georgia, as said city's share of the expenses incurred in the operation of the office of said Tax Commissioner and to fix the amount of compensation to be paid by said city to said Tax Commissioner for his services in receiving and collecting said city's taxes, including motor vehicle ad valorem taxes, and (7) To authorize the Tax Commissioner of Upson County, Georgia, to prepare and use joint city and county tax forms and digests. B. Nothing contained in this amendment shall be construed to apply to corporations or persons now required by law to return their property to the State Revenue Commissioner for ad valorem taxation.

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C. The authority conferred on the General Assembly by this amendment shall be retroactive to January 1, 1968. Any act passed after January 1, 1968, germane to the subject matter of this amendment, whether it be a general or special law or a city charter amendment, shall be conclusively presumed to have been passed under the authority of this amendment. It is declared that the authority conveyed to the General Assembly by this amendment relates to only one general subject matter and the General Assembly is empowered, but not directed, to exercise such authority by one law or by more than one law pertaining to all or any one or more of said functions, which law or laws may be passed prior to the submission of this amendment for ratification. Section 2. Be it further resolved that when this 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 the journals of each branch with the Ayes and Nays taken thereon, such proposed amendment shall be published and submitted as is provided in Article XIII, Section I, Paragraph I, of the Constitution of the State of Georgia of 1945, as amended. Such proposed amendment shall be submitted as provided in said paragraph of said Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: For ratification of amendment to Article XI, Section I, Paragraph VI, of the Constitution of the State of Georgia of 1945, so as to authorize the General Assembly to consolidate and combine the Board of Tax Assessors of the City of Thomaston and of the County of Upson into a single board of tax assessors for said city and county and to require that all taxable property in said city and county be returned to the Tax Commissioner of Upson County and the city and county taxes due thereon paid to said Tax Commissioner. Against ratification of amendment to Article XI, Section 1, Paragraph VI, of the Constitution of the State of

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Georgia of 1945, so as to authorize the General Assembly to consolidate and combine the Board of Tax Assessors of the City of Thomaston and of the County of Upson into a single board of tax assessors for said city and county and to require that all taxable property in said city and county be returned to the Tax Commissioner of Upson County and the city and county taxes due thereon paid to said Tax Commissioner. All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification. If such amendment shall be ratified as provided in said paragraph of said Constitution, it 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 a proclamation thereon. Approved March 21, 1968. RICHMOND COUNTYORDINANCES. Proposed Amendment to the Constitution. No. 111 (House Resolution No. 531-1156). A Resolution. Proposing an amendment to the Constitution of the State of Georgia so as to authorize the General Assembly to empower the governing authority of Richmond County, Georgia to adopt ordinances for the policing and government of said county and the enforcement of all duties and powers now or hereafter vested in said governing authority

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and to provide penalties for violation of such ordinances; to provide for the submission of this amendment for ratification or rejection at the next general election; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VI, Section I of the Constitution is hereby amended by adding at the end thereof the following: The General Assembly of the State of Georgia is hereby authorized to empower the governing authority of Richmond County to adopt ordinances or regulations for the governing and policing of said County for the purpose of protecting and preserving the health, safety, welfare and morals of the citizens thereof as it may deem advisable, not in conflict with the general laws of this State and of the United States, and for the implementation and enforcement of all duties and powers now or hereafter vested in said governing authority of Richmond County, and to provide penalties for violations of such ordinances. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly 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 empower the governing authority of Richmond County to adopt ordinances for the policing of Richmond County and to provide penalties for violations of such ordinances?

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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 21, 1968. MUSCOGEE COUNTYCITY OF COLUMBUS CHARTER COMMISSION. Proposed Amendment to the Constitution. No. 112 (House Resolution No. 544-1191). A Resolution. Proposing an amendment to the Constitution 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 Columbus and the County of Muscogee, and for the establishment of a successor government with powers and jurisdiction throughout the territorial limits of Muscogee County and to draft a charter to create such successor government, which proposed charter shall be submitted to the voters of Muscogee County, and the voters of the City of Columbus, and which charter shall be required to receive a majority vote of the qualified voters voting in each of said agencies of government; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

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Be it resolved by the General Assembly of Georgia: Section 1. Article XI, Section I, Paragraph 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 countywide government with powers and jurisdiction throughout the territorial limits of Muscogee County, which single government shall supersede and replace the existing governments of the City of Columbus and the County of Muscogee and may also supersede and replace any public authorities and special service districts located and operating within Muscogee County. Said commission shall be known as `Muscogee County Charter Commission', and shall be composed of fifteen (15) members, all of whom shall be residents of Muscogee County, to be selected as follows: Seven (7) members shall be appointed by the Commissioners of Roads and Revenues of Muscogee County; seven (7) members shall be appointed by the City Commissioners of the City of Columbus; and (1) member shall be be elected by the fourteen members thus appointed. Said local Act may further authorize said Charter Commission to draft a proposed charter creating such county-wide government to be named `Columbus, Georgia' and for the submission of such charter to the voters of Muscogee County and the voters of the City of Columbus for approval or rejection, and which charter shall be required to receive a majority vote of the qualified voters in each of said agencies of government. 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 countywide government charter which may include any provisions necessary to effectuate the purposes of this

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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 Columbus and the County of Muscogee and for the creation of a new single government having all powers formerly exercised by the City of Columbus and the County of Muscogee 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. 2. For the new countywide 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 public authorities; special service districts; boards created under the general law of the State or special acts of the General Assembly or by provisions of this Constitution relating to the County of Muscogee and the City of Columbus; and for the transfer of all powers, duties and obligations of such authorities, special service districts, and boards to the new countywide government in such manner as said charter shall provide. 4. For the abolishment of any one or more public offices including coroner; county surveyor; tax collector; tax receiver; county treasurer; positions of public employment of the City of Columbus, and the County of Muscogee; positions of public employment of boards created under

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the general law of the State, or special acts of the General Assembly; and positions of public employment by any public authorities or special service districts located and operating within Muscogee County, Georgia. 5. For the creation of the governing authority of the single countywide 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 countywide governing authority. 6. For the creation of various departments, boards, bureaus, offices, commissions, and positions of public employment of said countywide government, all of which shall be subordinate branches or employees of said countywide government, and all other matters necessary and incidental thereto. The said countywide government shall have the authority for modification or repeal of the various departments, boards, bureaus, offices, commissions and positions of public employment of said countywide government. 7. For the abolishment of any city or county courts, juvenile courts, and any other courts including courts created in lieu of constitutional courts, presently existing in the City of Columbus and Muscogee 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. 8. For the creation of two or more taxing districts whereby taxes shall be assessed, levied, and collected by said countywide 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

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governing authority so created may vary from district to district. 9. For the assumption by said countywide 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 countywide government shall assume the payment of any obligations issued under the Revenue Bond Law. 10. For the transfer to said countywide 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 countywide government. 11. The purposes for which said countywide government or governing authority or any agency thereof may levy taxes and the debt limitations applicable to such countywide government or any agency thereof. 12. For the method or methods by which said charter may be amended, including but not limited to, all of the methods by which municipal charters may be amended under the general law of the State of Georgia, as it now and may hereafter exist. The Muscogee County Charter Commission shall have broad exploratory and investigative powers to explore and investigate the consolidation of any aspect of government that it desires whether or not specifically enumerated in the foregoing twelve (12) paragraphs hereof. Said local Act shall contain a provision requiring a minimum of three (3) public hearings to be held by the Charter Commission for discussing the provisions of the proposed new charter. Said local Act may further provide for the qualifications of the members of said Charter Commission and for the expenses of said Charter Commission. The governing

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authorities of the City of Columbus and the County of Muscogee are hereby authorized to expend public funds for the expenses of said Charter Commission. 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. Affect the status of any incorporated municipality located within Muscogee County other than the City of Columbus and the status or relationship that such incorporated municipalities bear to Muscogee County and the City of Columbus prior to the adoption of this amendment shall continue to the same extent with any newly created countywide governing authority that may be created under the provisions of this amendment. 2. Abolish the Muscogee County School District or transfer any of its powers, duties or obligations to the countywide government authorized to be created pursuant to the provisions of this amendment. 3. Abolish the office of Sheriff of Muscogee County or transfer any of his powers and duties to the countywide government authorized to be created pursuant to the provisions of this amendment. Provided, however, that the foregoing limitations shall not be construed as prohibiting the General Assembly from exercising any legislative power with respect to incorporated municipalities other than the City of Columbus which existed prior to the adoption of this paragraph. 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.

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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 government of the City of Columbus and the County of Muscogee and for the establishment of successor government with powers and jurisdiction throughout the territorial limits of Muscogee County and to draft a charter to create such successor government, which proposed charter shall be submitted to the voters of Muscogee County, and the voters of the City of Columbus, and which charter shall be required to receive a majority vote of the qualified voters voting in each of said agencies of 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.

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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. Approved March 21, 1968. CITY OF DECATUROFF STREET PARKING. Proposed Amendment to the Constitution. No. 113 (House Resolution No. 559-1220). A Resolution. Proposing an amendment to the Constitution of this State so as to authorize the City of Decatur in the County of DeKalb to issue and sell revenue anticipation obligations subject to and in accordance with the terms and provisions of the Act of the General Assembly approved March 31, 1937, known as the Revenue Certificate Law of 1937 as amended, and as the same may be hereafter amended to provide funds for the purchase of lands and the construction and establishment thereon of offstreet automobile parking lots, structures, buildings and garages and facilities, and to authorize said City of Decatur to equip, maintain and operate such parking lots, structures, buildings, garages and facilities; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section VII, Paragraph V of the Constitution of Georgia relating to issuance of revenue

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anticipation obligations be and the same is hereby amended by adding at the end thereof the following: The City of Decatur in the County of DeKalb shall have power and authority to issue and sell revenue anticipation obligations subject to and in accordance with the terms and provisions of the Act of the General Assembly approved March 31, 1937, known as the `Revenue Certificate Laws of 1937' as heretofore amended and as the same may hereafter be amended, to provide funds for the purchase of lands and the construction and establishment thereon of off-street automobile parking lots, structures, buildings, garages and facilities. Said city shall have power and authority to equip, maintain and operate such parking lots, structures, buildings, garages and facilities, and to appoint a Commission to operate a parking authority which shall have all of the powers, privileges and authority set forth in this constitutional provision. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, 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 Decatur to construct and maintain off-street parking facilities? 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. Approved March 21, 1968. FAYETTE COUNTYWATER, SEWERAGE AND FIRE PROTECTION DISTRICTS. Proposed Amendment to the Constitution. No. 114 (House Resolution No. 593-1241). A Resolution. Proposing an amendment to the Constitution so as to authorize the governing authority of Fayette County to establish water, sewerage and fire protection districts in Fayette County; to authorize the governing authority of Fayette County to administer water, sewerage and fire protection systems in said districts; to authorize the governing authority of Fayette County to levy taxes, issue bonds and revenue bonds to operate, maintain and administer such districts and systems; to 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 Fayette is hereby authorized and empowered to establish and administer within the bounds of the County of Fayette water,

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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 an area of another district or of other 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 Fayette, and only those voters residing in such district shall participate in such election held for that purpose. Any other provisions 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 Fayette 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

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the said County of Fayette shall have the power of eminent domain and may exercise same upon the payment of just and adequate compensation as provided by this Constitution and the laws of this State. The planning, construction and establishing of any such system or systems may be financed in whole or in part by the issuance of revenue bonds as provided in the Revenue Bond Law of this State. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: YES () NO () Shall the Constitution be amended so as to authorize and empower the governing authority of the County of Fayette to establish and administer water, 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 persons desiring to vote against ratifying the proposed amendment shall note 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 21, 1968.

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CITY OF ALBANYDOUGHERTY COUNTYBOARDS OF TAX ASSESSORS, ETC. Proposed Amendment to the Constitution. No. 115 (House Resolution No. 607-1295). A Resolution. Proposing an amendment to the Constitution, so as to delegate to the respective governing authorities of the City of Albany and County of authority to merge and consolidate, by resolutions of said respective bodies, and without an enabling act of the General Assembly of Georgia, the Boards of Tax Assessors and the departments, offices, officers and functions of the City of Albany and of the County of Dougherty relating to the return and assessment of property for taxation, notice of property assessment, hearings, appeals, arbitrations and reviews of property assessments, liens, priority of liens, and enforcement and collection of ad valorem taxes levied by the City of Albany, County of Dougherty and State of Georgia, and other matters relating to or incident to the same; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article XI, Section I, Paragraph VI of the Constitution of Georgia is hereby amended by adding at the end thereof the following: Notwithstanding any provision of law or of this Constitution to the contrary, the respective governing authorities of the City of Albany and the County of Dougherty, by resolution of each of said governing authorities, and without an enabling act of the General Assembly of Georgia, may merge, consolidate and combine the Boards of Tax Assessors of the City of Albany and the County of Dougherty upon such terms and conditions and in such manner as shall be set forth in said respective resolutions, and may merge, consolidate and combine the departments,

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offices, officers, and functions of the City of Albany and the County of Dougherty relating to the return and assessment of property for taxation, notice of property assessment, hearings, appeals, arbitrations, reviews of property assessment, and the enforcement and collection of taxes; may provide in said resolutions for liens, priority of liens and for the enforcement and collection of ad valorem taxes levied by the City of Albany and County of Dougherty and State of Georgia, and any and all other matters relating to or incident to the same; may specify and provide for the time, method and manner of performing any and all such matters and functions, including, without limitation of the foregoing generally, the retention, release or combination of the present offices and officers, positions and employees, the election or selection of officers and employees to perform such consolidated and combined tax functions, the compensation and tenure of office and employment of such officers and employees, their classification as officers or employees of either the City of Albany or the County of Dougherty, or both, for purposes of compensation, insurance coverage, and retirement pension and old-age benefits; may designate by said resolutions the time, method and place or places for the performance of the services and duties connected with or incident to the consolidated and combined tax functions of the City of Albany and County of Dougherty, and may provide for all other related or incidental matters. Provided, that there shall be vested in and conferred upon such combined and merged Board of Tax Assessors, departments, offices and officers, such authority as may be conferred upon Boards of Tax Assessors of counties or municipalities or both under existing laws or those hereinafter enacted. Provided, further, that, except as provided hereinafter, upon resolutions of the respective bodies combining the tax functions, all offices, boards, and officers now existing under any and all acts relating to the City of Albany and the County of Dougherty or to Boards of Tax Assessors of counties and municipalities generally, shall be abolished and of no force or effect within the City of Albany and the County of Dougherty, and all functions heretofore performed by the Board of Tax Assessors and the tax departments, officers, and employees of the City of

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Albany and the County of Dougherty shall be performed by said combined tax boards, departments and officers all as provided in said resolutions. Provided, further, that upon adoption of said resolutions the office of Tax Commissioner of the County of Dougherty shall be thereby abolished and terminated, except that said office shall continue in any event until December 31, 1970, and upon termination the duties and responsibilities and authority of the Tax Commissioner shall be vested in such official or officials or board as shall be designated in the said resolutions of the two respective bodies. Provided, further, that in the performance of any and all of the matters herein authorized, due process of law shall be afforded, and the right of persons to homestead exemptions as now or hereafter provided by law, as related to ad valorem taxes due to the State of Georgia and the County of Dougherty, shall not be affected hereby. Provided, further, that the powers herein delegated may be exercised from time to time and either together, separately or in any combination of the same. Provided, further, that nothing herein shall be construed to authorize any change in the ad valorem millage limitation prescribed by the Constitution of the State of Georgia or by any legislative act. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: YES () NO () Shall the Constitution be amended so as to delegate to the respective governing authorities of the City of Albany and County of Dougherty authority to merge and consolidate, by resolutions of said respective bodies, and without an enabling act of the

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General Assembly of Georgia, the Boards of Tax Assessors and the departments, offices, officers and functions of the City of Albany and of the County of Dougherty relating to the return and assessment of property for taxation, notice of property assessment, hearings, appeals, arbitrations and reviews of property assessments, liens, priority of liens, and enforcement and collection of ad valorem taxes levied by the City of Albany, County of Dougherty and State of Georgia, and other matters relating to or incident to the same? 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 21, 1968.

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CITY OF ACWORTHHOMESTEAD EXEMPTIONS. Proposed Amendment to the Constitution. No. 116 (House Resolution No. 611-1301). A Resolution. Proposing a constitutional amendment so as to provide that residents of the City of Acworth who are 62 years of age or over, or who are totally disabled, and who have an income from all sources, including the income of certain members of the family, not exceeding $5,000.00 per annum, shall be granted a homestead exemption of $2,000.00 from ad valorem taxation by said City; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following: Any other provisions of this Constitution to the contrary notwithstanding, each resident of the City of Acworth who is sixty-two years of age or over and who does not have an income from all sources, including the income of all members of the family living in the home of said resident, exceeding $5,000.00 per annum, and each resident of the City of Acworth who is totally disabled and who does not have an income from all sources, including the income of all members of the family living in the home of said resident, exceeding $5,000.00 per annum, is hereby granted an exemption of $2,000.00 on his homestead from all ad valorem taxation by the City of Acworth as long as any such resident of the City of Acworth actually occupies said homestead as his residence. Provided, however, no homestead shall be subject to more than one $2,000 exemption, as provided for herein. The value of the homestead in excess of the above exempted amount shall remain subject to ad valorem taxation by the City of Acworth.

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Any such resident shall not receive the benefits of such homestead exemption unless he files an affidavit with the governing authority of the City of Acworth, or with a person designated by the governing authority of the City of Acworth, giving his age and the amount of income which he receives and the income which members of his family living in his home receive and such additional information relative to receiving the benefits of such exemption as will enable the governing authority of the City of Acworth, or the person designated by the governing authority of the City of Acworth, to make a determination as to whether such owner is entitled to such exemption. The governing authority of the City of Acworth, or the person designated by the said governing authority, shall provide affidavit forms for this purpose. The exemption provided for herein shall apply to all taxable years beginning after 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 proposed 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 residents of the City of Acworth who are 62 years of age or over, or who are totally disabled, and who have an income from all sources, including the income of certain members of the family, not exceeding $5,000.00 per annum, shall be granted a homestead exemption of $2,000.00 from ad valorem taxation by said City?

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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 21, 1968. MUSCOGEE COUNTYORDINANCES. Proposed Amendment to the Constitution. No. 117 (House Resolution No. 623-1354). A Resolution. Proposing to the qualified voters an amendment to Article VI, Section I, of the Constitution, to authorize the General Assembly to empower the commissioners of roads and revenues of Muscogee County to enact ordinances for the policing of the public property, streets and roads of said county, and the Muscogee County Airport; providing penalties for violations of such ordinances; to authorize the establishment of a county recorder's court or authorizing the use of the Municipal Court of Columbus; to authorize the licensing and regulation of businesses and levying of license taxes; 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 Article VI, Section I, of the Constitution of the State of Georgia be and the same is hereby amended as follows:

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The General Assembly of the State of Georgia is hereby authorized: 1. To empower the Board of Commissioners of Roads and Revenues of Muscogee County, Georgia, to adopt ordinances or regulations for the governing and policing, of the public property, streets and roads, of said county and the policing of the Muscogee County Airport, for the purpose of protecting and preserving the health, safety, welfare and morals of the citizens thereof as it may deem advisable, not in conflict with the general laws of this State and of the United States, and for the implementation and enforcement of all duties and powers now or hereafter vested in said board as the governing authority of Muscogee County, Georgia, and to provide penalties for violations of such ordinances; and to authorize the licensing and regulation of businesses and the levying of license taxes on all persons, firms and corporations doing business in the unincorporated area of said county, except businesses which are subject to regulation by the State Public Service Commission. 2. To authorize the use of the Municipal Court of Columbus, or to establish and create in and for the County of Muscogee, a county recorder's court, which shall have jurisdiction in Muscogee County outside the corporate limits of municipalities therein and which shall be empowered to hear and determine cases involving violations of all county ordinances and regulations, including traffic ordinances and regulations, with the authority to inflict punishment and/or penalty for violation thereof, and which shall have such other and further powers as may be prescribed by law. 3. In the event any phrase, clause, paragraph, or portion thereof, of this amendment shall be adjudged invalid for any reason whatsoever, such adjudication shall in no manner affect the other phrases, clauses, paragraphs or portions of this amendment, which shall remain of full force and effect, as if the phrase, clause, paragraph, or portion thereof so adjudged invalid was not originally a part thereof.

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Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: YES () No () Shall the Constitution be amended so as to authorize the General Assembly to empower Muscogee County to adopt ordinances for policing the public property, roads and streets of Muscogee County, and the Muscogee County Airport; to provide for the enforcement of County ordinances; to authorize the creation of a recorder's court, or authorize the use of the Municipal Court of Columbus; and to authorize the regulation and licensing of businesses in the unincorporated area of Muscogee 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. Approved March 21, 1968.

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COBB COUNTYEDUCATION DISTRICT NO. 2. Proposed Amendment to the Constitution. No. 118 (House Resolution No. 629-1373). A Resolution. Proposing an amendment to the Constitution so as to change the composition of Education District No. 2 in Cobb County; 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, Section V, Paragraph I of the Constitution, as amended by an amendment relating to the Board of Education of Cobb County ratified at the 1962 General Election and found in Ga. L. 1962, p. 971, is hereby amended by striking from the aforesaid 1962 amendment the following: Education District No. 2 shall be composed of Coxes, Howells and Lemons Militia Districts., and inserting in lieu thereof the following: Education District No. 2 shall be composed of Coxes, Howells, Lemons and Mt. Harmony Militia Districts. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, 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 composition of Education District No. 2 in Cobb County?

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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 21, 1968. CLARKE COUNTY BOARD OF EDUCATION. Proposed Amendment to the Constitution. No. 119 (House Resolution No. 633-1401). A Resolution. Proposing an amendment to the Constitution so as to authorize the General Assembly to provide for the election by the people of the members of the Clarke County Board of Education from election districts within 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 VIII, Section VII of the Constitution, as amended by an amendment authorizing the General Assembly to pass a special Act or Acts to merge the existing independent school system known as the Board of Education of Athens, Georgia and the existing school district in the County of Clarke outside the corporate limits of said city, ratified at the general election held in November,

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1954 and set forth in Georgia Laws 1953, Jan.-Feb. Sess., p. 560, as amended, by an amendment ratified at the general election held in November, 1966 and set forth in Georgia Laws 1966, p. 834, is hereby amended by adding at the end of subsection (g) of Section 1 of said amendment the following: The General Assembly may also provide for the election of the members of the Clarke County Board of Education by the people from election districts created within the Clarke County School District., so that when so amended subsection (g) shall read as follows: (g) The board of education shall be elected or appointed from the district-at-large as may be provided by the General Assembly, and filling of vacancies or removal for cause of any member also shall be as provided by the General Assembly. The General Assembly may also provide for the election of the members of the Clarke County Board of Education by the people from election districts created within the Clarke County School District. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, 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 Clarke County Board of Education by the people from election districts within said county?

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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 21, 1968. LEE COUNTY DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 121 (House Resolution No. 407-912). A Resolution. Proposing an amendment to the Constitution so as to create the Lee County Development Authority; to provide for powers, authority, funds, purpose 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 Lee County to be known as the Lee County Development Authority, which shall be an instrumentality of Lee

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County and a public corporation and which in this amendment is hereby referred to as the Authority; Created. B. The Authority shall consist of seven members who shall serve for a term of five years and who shall be eligible for re-appointment. The members shall be elected by a majority of the Board of Commissioners of Roads and Revenues of Lee County, two of whom shall reside within the city limits of Leesburg, Georgia, two within the city limits of Smithville, Georgia, and three at large from the area of Lee County outside the limits of Leesburg and Smithville. The first members shall be appointed as follows: two for terms of one year, two for terms of two years, and one for a term of three years, one for a term of four years, and one for a term of five years; and thereafter their successors shall be appointed for terms of five years. Vacancies shall be filled for the unexpired term by the said 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 shall be a member of the Board of Commissioners of Roads and Revenues of Lee County, but there shall be no other disqualification to hold public office by reason of membership in the Authority; 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 Lee County. Taxation. 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

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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 Lee 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 Lee 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 Lee 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;

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(7) To encourage and promote the expansion and development of industry, agriculture trade, and commerce and the facilities therefor in Lee County, and to make longrange 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 Lee 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; (10) To do any and all acts and things necessary or convenient to accomplish the purposes and powers of the Authority as herein stated;

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E. The Authority shall not be authorized to create in any manner any debt, liability or obligation against the State of Georgia or Lee 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 on the Authority, shall have the same immunity and exemption from liability for torts and negligence as the officers, agents and employees of the State of Georgia when in performance of their public duties or work of the State. The Authority may be sued the same as private corporations on any contractual obligation of the Authority; Torts and contract liability. 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 Board of Commissioners of Roads and Revenues of Lee County and to carry out purpose of this amendment, is hereby authorized to issue Revenue Bonds bearing rate or rates of interest and maturity at the years and amounts determined by the Authority and the procedure of validation, issuance and delivery shall be in all respects in accordance with the Revenue Bond Law (Ga. L. 1937, p. 761), as amended, Ga. Code Ann. Supp. Chapter 87-8, as if said obligations had been originally authorized to be issued thereunder; provided, however, that any property, real or personal, of the Authority may be pledged, mortgaged, conveyed, assigned, hypothecated or otherwise encumbered as security for any lawful debt of the Authority. The Authority may execute any trust agreement or indenture not in conflict with the provisions of this amendment to provide security for any bonds issued as provided herein, and such trust agreement or indenture may provide for foreclosure, or forced sale of any property of the Authority upon default of 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,

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as they mature, then the Board of Commissioners of Roads and Revenues are authorized and required to provide the additional funds necessary to make such payment, and for this purpose the said Commissioners are authorized to levy an annual tax on all taxable property within the county provided such tax shall not exceed five mills; Bonds. I. The Board of Commissioners of Roads and Revenues are also authorized in addition to the tax provided in Paragraph H, to appropriate to the Authority such amount from its funds each year as it shall see fit, and any funds so appropriated when paid to the Authority shall become a part of the funds of the Authority and may be used 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 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 Lee County and its citizens, industry, agriculture and trade within the County of Lee, and making long-range plans for such development and expansion and to authorize the use of public funds of Lee 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. This amendment shall be effective immediately upon proclamation of its ratification by the Governor and the first members of the Authority shall be appointed within thirty days after such proclamation; Effective date. M. The General Assembly may by law further define and prescribe the powers and duties of the Authority and

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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 Lee County, and the scope of its operations shall be limited to the territory embraced within Lee County. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond the limits of Lee 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 Lee County or the State. Debt limit. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, 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 Lee County Development Authority, and to provide for powers, authority, funds, purposes and procedures connected therewith? All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of

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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. Approved March 21, 1968. DECATUR COUNTYJURISDICTION OF JUSTICES OF THE PEACE. Proposed Amendment to the Constitution. No. 122 (House Resolution No. 408-912). A Resolution. Proposing an amendment to the Constitution, so as to increase the jurisdiction of the justices of the peace in Decatur 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 VII, Paragraph II of the Constitution is hereby amended by adding at the end thereof the following: Provided, however, the justices of the peace in Decatur County shall have jurisdiction in all civil cases arising ex contractu and in cases of injury or damage to and conversion of personal property when the principal sum does not exceed five hundred ($500.00) dollars. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their

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journals with the Ayes and Nays taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: YES () NO () Shall the Constitution be amended so to increase the jurisdiction of the justices of the peace in Decatur 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. Approved March 21, 1968. MUSCOGEE COUNTYSANITATION DISTRICTS. Proposed Amendment to the Constitution. No. 123 (House Resolution No. 488-1050). 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 Muscogee County, Georgia, to provide systems of garbage disposal; to provide for the division of said county into such territorial sanitation

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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. 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 Board of Commissioners of Roads and Revenues of Muscogee County, Georgia, as the governing authority of said County, in addition to all powers heretofore conferred upon it, is hereby authorized and empowered to provide systems of garbage disposal in said county, exclusive of any incorporated municipality. 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 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 system 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

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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: YES () NO () Shall the constitution be amended so as to provide for the establishment of sanitary districts and service charges for garbage disposal facilities within Muscogee 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. Approved March 21, 1968.

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COLQUITT AND MILLER COUNTY DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 124 (House Resolution No. 535-1179). A Resolution. Proposing an amendment to the Constitution so as to create the Colquitt and Miller County Development Authority; to provide for the appointment, eligibility and tenure of members and officers; to authorize the General Assembly to prescribe by law additional powers and duties for said authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section V, Paragraph I of the Constitution is hereby amended by adding to the end thereof the following: A. There is hereby created a body corporate and politic to be known as the `Colquitt and Miller 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 Miller County and the corporate limits of the City of Colquitt. The County of Miller and the City of Colquitt may contract with the Authority as a public corporation as provided by the Constitution of Georgia. Created. B. The Authority shall consist of eight members who shall have such control, duties, powers and authority as as are hereby conferred and as may be prescribed or provided for by the General Assembly of Georgia, and such additional powers as may be delegated to the Authority by the County of Miller and the City of Colquitt. Members of the Authority shall be residents of Miller County within or without the corporate limits of the City of Colquitt. The first appointments shall be for terms of one, two,

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three and four years. Thereafter all terms and appointments, except in case of a vacancy, shall be for four years. The General Assembly shall provide for appointment of members of the Authority. The Authority shall elect a chairman, a vice-chairman and a secretary-treasurer. The secretary-treasurer shall not be required to be a member of the Authority. Members. C. All lands and improvements thereon the title to which is vested in the Authority, and all debentures and revenue-anticipation certificates issued by the Authority, shall be exempt from State and local taxation. Tax exemption. D. Said Authority is created for the purpose of developing and promoting for the public good and general welfare industry, agriculture, commerce, natural resources, and vocational training and the making of long-range plans for the coordination of such development, promotion and expansion, within its territorial limits. The Authority shall not be empowered or authorized in any manner to create a debt as against the State of Georgia, the County of Miller or the City of Colquitt. The Authority is created for non-profit purposes and all property acquired by the Authority and any funds realized by the Authority shall be used continually and exclusively for the purposes for which the Authority is created. Purpose. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, 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 witten or printed thereon the following: YES () NO () Shall the Constitution be amended so as to create the Colquitt and Miller County Development Authority?

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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 21, 1968. CHEROKEE COUNTY AIRPORT AUTHORITY. Proposed Amendment to the Constitution. No. 125 (House Resolution No. 606-1295). A Resolution. Proposing an amendment to the Constitution so as to create the Cherokee County Airport Authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section V, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following: A. There is hereby created a body corporate and politic in Cherokee County in the State of Georgia to be known as `The Cherokee County Airport Authority', which shall be an instrumentality of the County of Cherokee and a public corporation and which in this amendment is hereafter referred to as the Authority. Created.

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B. The Authority shall be composed of seven (7) members, four (4) members shall be appointed by the grand jury of Cherokee County and three (3) members shall be appointed by the commissioner of roads and revenues for Cherokee County. The Authority so constituted shall elect its own chairman annually from the membership of the Authority. The terms of the initial members of said Authority shall be as follows: The term of the members appointed by the grand jury shall be for two (2) years. The terms of the members appointed by the commissioner of roads and revenues, shall be for four (4) years. Thereafter, all members appointed shall serve for a term of four (4) years and until their successors are appointed or elected and qualified. To qualify for appointment as a member of this Authority, a person shall have been a resident of Cherokee County of a period of not less than five (5) years. The members of the Authority shall draw no compensation but shall be allowed only actual expenses that are incurred on behalf of said Authority outside the limits of Cherokee County. 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 Cherokee 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. Taxation. D. The powers of the Authority shall include but shall not be limited to, the power: (1) To manage, supervise and control any airports or landing fields owned by said Authority or in which the Authority has any interest therein, and direct and control the construction, equipment, improvement, maintenance and operation thereof including the fixing and establishing of charges, fees and tolls for the use of such airports or landing fields and lands adjacent thereto. Powers. (2) To lease or assign to private persons, firms, corporations, Governmental agencies or political subdivisions

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all or any portion of the space, area and improvements of and equipment of such airports or landing fields, provided the public is protected in its rightful, equal and uniform use of such airports or landing fields. (3) To borrow money for any of its corporate purposes and to issue notes, bonds and debentures and to offer as collateral the assignment of revenues, tolls, charges and proceeds of any rental lease or option, now existing or any part thereof. (4) 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 of 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 pertains to the corporate purposes of the Authority. (5) To contract with Cherokee 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. (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 receive and administer gifts, grants and donations and to administer trusts. (8) To designate officers to sign and act for the Authority generally or any specific matter.

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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. E. All fees, charges, tolls, rentals or other revenues dervied from the operation or lease of such airports or landing fields shall be used by said Authority to meet in whole or in part the expenses of operations and maintenance of such airports or landing fields. In the event the revenue from the operation or lease of such airports or landing field exceeds the expenses of operation and maintenance, such excess shall be used for further developments, improvements on the equipment of such airports or landing fields and if not so used may, at the discretion of the Authority, be paid to Cherokee County. Funds. F. The Authority is created for the purpose of developing, promoting and expanding airport facilities in Cherokee County for the general welfare. Said Authority shall not be authorized to create in any manner any debt, liability or obligation against Cherokee County nor the State of Georgia. Purpose. 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 and contract liability. H. The property of the Authority shall not be subject to levy and sale under legal process, except such property, income or funds as may be pledged, assigned, mortgaged or conveyed to secure an obligation of the Authority, and any such property, funds, or income may be sold under legal process or under any power granted by the Authority to enforce payment of the obligation. Property.

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I. 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. J. 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 Cherokee County subject to any mortgages, liens, leases or other encumbrances outstanding aganist or in respect to in respect to said property at that time. 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 the Cherokee County Airport Authority? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yest. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shal 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 21, 1968.

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JASPER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 126 (House Resolution No. 627-1367). A Resolution. Proposing an amendment to the Constitution so as to create the Jasper County Industrial Development Authority; to provide for powers, authority, funds, purposes and procedure connected therewith; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article V, Section IX of the Constitution is hereby amended by adding at the end thereof the following: A. There is hereby created a body corporate and politic in Jasper County, to be known as the `Jasper County Industrial Development Authority', which shall be an instrumentality of Jasper 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 Jasper County and they shall serve for a term of five years. Vacancies shall be filled for the unexpired term by the said Board of County Commissioners. A majority of the members shall constitute a quorum and a majority may act for the Authority in any matter. No vacancy shall impair the power of the Authority to act. Members. 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 Jasper County. The exemptions from

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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. D. The powers of the Authority shall include, but not be limited to, the power; Powers. (1) To receive and administer gifts, grants and donations and to administer trusts; (2) To borrow money, to issue notes, bonds and revenue certificates, to execute trust agreements or indentures, and to sell, convey, mortgage, pledge and assign any and all of its funds, property and income as security therefor; (3) To contract with political subdivisions of the State of Georgia and with private persons and corporations and to sue and be sued in its corporate name; (4) To have and exercise usual powers of private corporation except such as are inconsistent with this amendment, including the power to appoint and hire officers, agents and employees and to provide their compensation and duties, which officers and agents may or may not be members of the Authority, and the power to adopt and amend a corporate seal and bylaws and regulations for the conduct and management of the Authority; (5) To encourage and promote the expansion and development of industrial and commercial facilities in Jasper 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 Jasper 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

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the demolition of existing structures, or through the acquisition of an existing building and the remodeling, renovating, reconstructing, furnishing and equipping of such building; (6) No building acquired hereunder shall be operated by the Authority but shall be leased or sold to one or more persons, firms or corporations. If sold, the purchase price may be paid at one time or in installments falling due in not more than thirty (30) years from the date of transfer of possession. The lessee or purchaser shall be required to pay all costs of operating and maintaining the building or buildings and to pay rentals or installments sufficient, together with other revenues which may be pledged for the purpose, to retire all bonds, both principal and interest, and to pay all other expenses which the Authority may have incurred in connection with the undertaking; (7) To accumulate its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested; (8) To designate officers to sign and act for the Authority generally or in any specific matter; (9) To do any and all acts and things necessary or convenient to accomplish the purpose and powers of the Authority as herein stated. E. The Authority shall not be authorized to create in any manner any debt, liability or obligation against the State of Georgia or Jasper 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

Page 1553

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

Page 1554

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. Use of funds. 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 Jasper County subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property at that time. Property. L. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare industry and trade within Jasper County and reducing unemployment to the greatest extent possible, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of these purposes. Purpose. M. This amendment shall be effective immediately upon proclamation of its ratification by the Governor and the first members of the Authority shall be appointed within thrity (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 Jasper 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

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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 Jasper 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. Approved March 21, 1968.

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EVANS COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 127 (House Resolution No. 631-1401). A Resolution. Proposing an amendment to the Constitution so as to create the Evans County Industrial 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 body politic to be known as the `Evans County Industrial Development Authority' which shall be deemed to be an instrumentality of the State of Georgia and a public corporation, its scope and jurisdiction to be limited to the territory embraced within the territorial limits of Evans County. The composition of the Authority and all other matters relative to the members of such Authority shall be provided by local law. The Authority shall have such duties, powers and authority as shall be provided by local law, and the General Assembly is hereby authorized to provide by local law for the implementation of this amendment and for all matters relative to the Authority. Created. All lands and improvements thereon, the title to which is vested in the Authority, and all debentures and revenue bonds issued by the Authority, shall be exempt from State and local taxation. The exemption from taxation herein provided shall not extend to tenants nor lessees of the Authority. Property.

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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 Evans 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. Taxation. 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 Evans 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. 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 create the Evans County Industrial Development Authority? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring

Page 1558

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 21, 1968. SUCCESSION TO GOVERNORSHIP IN EVENT OF DEATH OF GOVERNOR-ELECT. Proposed Amendment to the Constitution. No. 133 (House Resolution No. 489-1060). A Resolution. Proposing an amendment to the Constitution, so as to provide that the Lieutenant Governor-Elect shall succeed to the Governorship in the event of the death of the Governor-Elect; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. The Constitution is hereby amended by adding to the third sentence in Article V, Section I, Paragraph VII, between the words Lieutenant Governor and shall exercise the following: and in case of the death or resignation of the Governor Elect, the Lieutenant Governor-Elect, who shall be deemed to be the Governor's successor, upon becoming the Lieutenant Governor,

Page 1559

and by striking therefrom the following: for members of the General Assembly, so that when so amended said sentence shall read: In case of the death, resignation or disability of the Governor or the Governor-Elect, the Lieutenant Governor or the Lieutenant Governor-Elect upon becoming the Lieutenant Governor shall exercise the executive power and receive the compensation of the Governor until the next General Election, at which a successor to the Governor shall be elected for the unexpired term; but if such death, resignation, or disability shall occur within thirty days of the next General Election, or if the term will expire within ninety days after the next General Election, the Lieutenant Governor shall exercise the executive power and receive the compensation of the Governor for the unexpired term. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: YES () NO () Shall the Constitution be amended so as to provide that the Lieutenant Governor-Elect shall succeed to the Governorship in the event of the death of the Governor-Elect? 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. Approved April 3, 1968. ELECTION OF EXECUTIVE OFFICERS. Proposed Amendment to the Constitution. No. 136 (House Resolution No. 609-1296). A Resolution. Proposing an amendment to the Constitution so as to provide that the Secretary of State, Attorney General, State School Superintendent, Comptroller General, Treasurer, Commissioner of Agriculture, and Commissioner of Labor shall be elected in the same manner as the Governor, and all procedures pertaining to the election of the Governor shall apply to said officers; to provide that in the event of the death or withdrawal of a person being elected to any of the above offices prior to taking office, the Governor shall have the power to fill such office by appointment, subject to the confirmation of the Senate, until the next general election; 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 Paragraph I of Section II of Article V, and substituting in lieu thereof a new Paragraph I to read as follows:

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Paragraph I. Executive Officers, How Elected . The Secretary of State, Attorney General, State School Supertendent, Comptroller General, Treasurer, Commissioner of Agriculture, and the Commissioner of Labor shall be elected by the persons qualified to vote for members of the General Assembly at the same time, and in the same manner as the Governor. The provisions of the Constitution as to the transmission, tabulation and canvassing of the returns of the election, runoff elections, contested elections, and declaration of the results of the election, applicable to the election of Governor, shall apply to the election of the above-named executive officers; and they shall be commissioned by the Governor and hold their offices for the same time as the Governor. In case of the death or withdrawal of a person having received a majority of the whole number of votes cast in an election for any of the above-named offices, the Governor elected at such election, upon becoming Governor, shall have the power to fill such office by appointing, subject to the confirmation of the Senate, an individual to serve until the next general election, at which time a successor shall be elected to serve out the unexpired term of office. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, 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 Secretary of State, Attorney General, State School Superintendent, Comptroller General, Treasurer, Commissioner of Agriculture, and Commissioner of Labor shall be elected in the same manner as the Governor and the procedures relating

Page 1562

to the election of the Governor shall apply to said officers and to provide that in the event of the death or withdrawal of any person elected to any such office prior to his taking office the Governor shall be authorized to fill such 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. Approved April 3, 1968. ELECTION OF GOVERNOR. Proposed Amendment to the Constitution. No. 137 (House Resolution No. 6-1). A Resolution. Proposing an amendment to the Constitution, so as to provide for a run-off election for Governor in the event no candidate receives a majority of the votes cast in the general election; to provide the procedure connected therewith; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

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Be it resolved by the General Assembly of Georgia: Section 1. The Constitution is hereby amended by striking in their entirety Paragraphs III, IV and V of Article V and substituting in lieu thereof Paragraphs III, IV and V to read as follows: Paragraph III. Transmission, Canvassing and Publishing Election Returns . The returns of each election district in a gubernatorial election shall be sealed up by the superintendent thereof separately from other returns and shall be transmitted to the Secretary of State. On the Tuesday next following the general election, unless the date therefor shall be changed by law, the Secretary of State shall transmit said returns to a Constitutional Officers Election Board which shall be composed of the Speaker and Clerk of the House of Representatives, the President Pro Tempore and the Secretary of the Senate, and the chairman of all standing committees of the General Assembly. Such Board shall open and publish the returns, and the person having the majority of the whole number of votes shall be declared duly elected Governor of this State. Each candidate for Governor shall be entitled to designate one person to be present at the opening of the returns. Paragraph IV. Run-off Election . In the event no gubernatorial candidate receives a majority of the whole number of votes cast in the general election, the Constitutional Officers Election Board shall continue the gubernatorial election by immediately calling a run-off election and designate as candidates therein the two persons who received the highest number of votes, who continue in life and have not declined to continue as a gubernatorial candidate. This run-off election shall be held on the third Tuesday immediately following the general election unless the date thereof shall be changed by the General Assembly. The run-off election shall be a continuation of the general election and only the electors who were entitled to vote in the general election shall be entitled to vote therein; and only those votes cast for the two persons designated shall be counted in the tabulation and canvass

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of the votes cast. The provisions relating to the transmission of the returns in the general election, the opening of the returns, their tabulation, canvassing and publication shall apply to the run-off election. On the Tuesday next following the run-off election, the Constitutional Officers Election Board shall convene, open, canvass, tabulate and publish the returns of the run-off election. The person having the highest number of votes entitled to be counted in the run-off election shall be declared the duly elected Governor of this State. Paragraph V. General Assembly may Provide Additional Procedures . The General Assembly may provide by law for any additional procedures or requirements connected with any subject matter embraced within Paragraphs III and IV and in connection with any contested election, provided such laws are not inconsistent with the provisions therein. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, 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 a run-off election for Governor in the event no candidate received a majority of the votes cast in the general election? 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. Approved April 3, 1968. TERMS OF MEMBERS OF GENERAL ASSEMBLY. Proposed Amendment to the Constitution. No. 140 (House Resolution No. 725-1550). A Resolution. Proposing an amendment to the Constitution so as to provide for an independent General Assembly by electing the members thereof for four year terms at a different General Election from the one at which the Governor is elected; to provide for the submission of this amendment for ratification or rejection; to repeal a specific resolution proposing an amendment to the Constitution; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article III, Section IV of the Constitution is hereby amended by striking Paragraph I and II in their entirety and inserting in lieu thereof new Paragraphs I and II to read as follows: Paragraph I. Terms of members . The members of the General Assembly shall be elected for four years, and shall serve until the time fixed by law for the convening of the General Assembly in regular session in the year following the fourth year of their term of office.

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Paragraph II. Election, when . The first election for members of the General Assembly under the provisions of Paragraph I of this Section shall take place on Tuesday after the first Monday in November, 1968, and subsequent elections shall be held quadrennially on Tuesday after the first Monday in November. Candidates elected to membership in the General Assembly at the November election in 1968 shall take office upon the convening of the General Assembly in regular session in 1969 and shall serve for the term provided for in 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 provide for an independent General Assembly by electing the members there for four year terms at a different General Election from the one at which the Governor is elected? 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

Page 1567

members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon. Section 3. A resolution proposing an amendment to the Constitution so as to provide for four year terms for members of the General Assembly, approved April 14, 1967 (Ga. L. 1967, p. 956), is hereby repealed in its entirety. Approved April 3, 1968. OFFICE OF SOLICITOR GENERAL DESIGNATED AS DISTRICT ATTORNEY. Proposed Amendment to the Constitution. No. 142 (Senate Resolution No. 63). A Resolution. Proposing an amendment to the Constitution so as to change the name and designation of the office of solicitor general to district attorney; 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 II, Paragraph IX of the Constitution is hereby amended by striking therefrom the words Solicitor General and inserting in lieu thereof the words District Attorney, so that when so amended Paragraph IX shall read as follows: Paragraph IX . The Supreme Court and Court of Appeals shall have jurisdiction to review by direct writ of error, and without the necessity of a motion for new trial having been made, all final judgments, orders, decrees and adjudications, rendered by any juvenile court created or

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referred to in an Act of the General Assembly approved February 19, 1951 (Ga. L. 1951, p. 291), as amended, and any other juvenile court that may be hereafter established, and, it shall further be the duty of the District Attorney of the judicial circuit within which juvenile court or courts are located to represent the juvenile court on such appeals. The time for filing such bill of exceptions, and the procedure governing same, shall be as now provided by law for appeals, or as may hereafter be provided by law, but in any case, the juvenile judge may by order grant extensions of time for the filing of such bill of exceptions so as to afford opportunity for preparation of a brief or transcript of evidence, in cases where such is required. Section 2. Article VI, Section XI, of the Constitution is hereby amended by striking said section in its entirety and inserting in lieu thereof the following: Paragraph I . There shall be a district attorney 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 district attorny 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. Paragraph II . It shall be the duty of the district attorney to represent the State in all cases in the superior court of his circuit and in all cases taken up from the superior court of his circuit to the Supreme Court, and Court of Appeals and to perform such other services as shall be required of him by law.

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Paragraph III . Wherever the words `solicitor general' are used in any statute they shall be held and taken to mean the district attorney. Section 3. Article VI, Section XII of the Constitution is hereby amended by striking Section XII in its entirety and inserting in lieu thereof a new Section XII, to read as follows: Paragraph I. Salaries of Justices, Judges and District Attorneys . The Justices of the Supreme Court each shall have out of the treasury of the State salaries of not less than $8,000 per annum; the Judges of the Court of Appeals each shall have out of the treasury of the State salaries of not less than $8,000 per annum, the Judges of the Superioir Courts each shall have out of the treasury of the State salaries of not less than $6,000 per annum and the District Attorneys shall each have out of the treasury of the State a salary of not less than $250.00 per annum with the right of the General Assembly to authorize any county to supplement the salary of a judge of the Superior Court and District Attorney of the Judicial Circuit in which such county lies, out of county funds, provided, however, where such salary is, at the time of the adoption of this Constitution, being supplemented out of county funds under existing laws, such laws shall remain in force until altered by the General Assembly. Provided further, that the Board of County Commissioners of Richmond County, or the Ordinary, or such other board or person as may from time to time have charge of the fiscal affairs of said county, shall without further legislative action continue to supplement from said County's treasury, the salary of the judge of Superior Court of the circuit of which the said County of Richmond is a part, by the sum of Two Thousand ($2,000 Dollars per annum, which shall be in addition to the amount received by said judge out of the State treasury; and such payments are declared to be a part of the court expenses of said County, and such payment shall be made to the judge now in office during his present or subsequent terms, as well as to his successors, with the authority in the General Assembly to increase such salary from the County treasury as above provided.

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Paragraph II. Powers to abolish or reinstate fees of District Attorney . The General Assembly shall have power, at any time, by a majority vote of each branch, to abolish the fees at present accruing to the office of District Attorney in any particular judicial circuit, and in lieu thereof to prescribe a salary for such office, without regard to the uniformity of such salaries in the various circuits; and shall have the further power to determine what disposition shall be made of the fines, forfeitures and fees accruing to the office of District Attorney in any such judicial circuit where the fees are abolished; and likewise shall have the further power, if it so desires, to abolish such salary and reestablish such fees; but in either event, when so changed, the change shall not become effective until the end of the term to which the District Attorney was elected. Section 4. Article VI, Section XIII, Paragraph I of the Constitution is hereby amended by striking from said paragraph the words Solicitor General and inserting in lieu thereof the words District Attorney, so that when so amended Paragraph I shall read as follows: Paragraph I. Age; citizenship; practice of law . No person shall be Justice of the Supreme Court, Court of Appeals, Judge of Superior Courts, or Attorney General, unless, at the time of his election, he shall have attained the age of thirty years, and shall have been a citizen of the State three years, and have practiced law for seven years; and no person shall be hereafter elected District Attorney, unless at the time of his election he shall have attained twenty-five years of age, shall have been a citizen of the State for three years, and shall have practiced law for three years next preceding his election. Section 5. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, such proposed amendment shall be published and submitted as

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provided in Article XIII, Section I, Paragraph I 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 name and designation of the office of solicitor general to district attorney? 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 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 April 3, 1968. FULTON COUNTYACCEPTANCE OF PERSONAL CHECKS BY TAX COMMISSIONER. Proposed Amendment to the Constitution. No. 187 (Senate Resolution No. 53). A Resolution. Proposing an amendment to the Constitution of Georgia so as to authorize Fulton County to indemnify the Tax Commissioner of Fulton County and his bondsman against loss through the acceptance by such Tax Commissioner of uncertified checks of applicants for automobile license

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tags, where such checks are returned by the institution on which same have been drawn as uncollectible for any reason; 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 of Georgia as heretofore amended, is further amended by adding thereto the following language, to-wit: The restriction of this Article, Section and paragraph of the Constitution shall not operate to forbid Fulton County to indemnify the Tax Commissioner of such County, and his bondsman, against loss through the acceptance by such Tax Commissioner of uncertified checks of applicants for automobile license tags where such checks are returned by the institution on which same have been drawn, as uncollectible for any reason. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two Branches of the General Assembly and same has been entered on their journals with the ayes and nays taken thereon, the Governor is hereby authorized and instructed to cause such proposed amendment to be published as provided in Article 13, Section 1, paragraph 1 of the Constitution of the State of Georgia of 1945, as amended. Such proposed amendment shall be submitted as provided in said paragraph. The ballot submitting the above proposed amendment shall have written or printed thereon the following: For ratification of amendment to the Constitution so as to authorize Fulton County to indemnify the Tax Commissioner and his bondsman from loss by reason of acceptance of uncertified checks in payment of automobile license fees. Against ratification of amendment to the Constitution so as to authorize Fulton County to indemnify the Tax

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Commissioner and his bondsman from loss by reason of acceptance of uncertified checks in payment of automobile license fees. All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment and all persons desiring to vote against the adoption of the proposed amendment shall vote against the ratification. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for election for members of the General Assembly, and it shall be the duty of the Secretary of the State to ascertain the results and certify the results to the Governor who shall issue his proclamation thereon. Approved April 9, 1968. SCHOLARSHIPS TO CHILDREN OF CERTAIN LAW ENFORCEMENT OFFICERS, FIREMEN AND PRISON GUARDS. Proposed Amendment to the Constitution. No. 188 (Senate Resolution No. 77). A Resolution. Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for a program to grant scholarships or other assistance to the children of law enforcement officers, firemen and prison guards, who are permanently disabled or killed in the line of duty, to enable such children to acquire an education beyond the twelfth grade, or to enable such children to attend a vocational-technical school; 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. The Constitution is hereby amended by adding in Article VII, Section I, Paragraph II, immediately following the paragraph which reads as follows: The General Assembly is hereby authorized to provide by law a State Scholarship Commission to be authorized and empowered to activate, inaugurate and conduct a program to provide for the granting of scholarships to students desiring to study courses in the paramedical, professional or educational fields. The General Assembly is hereby authorized to provide for the duties, powers, authority, jurisdiction and composition of any such commission and is authorized to provide for all other matters relative to the purposes provided for herein,, a new paragraph to read as follows: The General Assembly is hereby authorized to provide by law for a program to grant scholarships or other assistance to the children of law enforcement officers, firemen and prison guards, who are permanently disabled or killed in the line of duty, to enable such children to acquire an education beyond the twelfth (12th) grade, or to enable such children to attend a vocational-technical school. The General Assembly shall be further authorized to provide by law for the terms and conditions for granting such scholarships or other assistance and shall provide that the program established in pursuance of this amendment shall be administered by the State Scholarship Commission or the Higher Education Assistance Corporation, as the General Assembly shall determine. The General Assembly is hereby further authorized to appropriate any funds it deems necessary for the purpose of carrying out the provisions of this amendment. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their

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journals with the Ayes and Nays taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: YES () NO () Shall the Constitution be amended so as to authorize the General Assembly to provide by law for a program to grant scholarships or other assistance to the children of law enforcement officers, firemen and prison guards, who are permanently disabled or killed in the line of duty, to enable such children to acquire an education beyond the twelfth grade, or to enable such children to attend a vocational-technical school? 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 April 9, 1968.

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AMENDMENT OR SUBMISSION OF NEW CONSTITUTION TO THE PEOPLEPROCEDURE. Proposed Amendment to the Constitution. No. 189 (Senate Resolution No. 149). A Resolution. Proposing an amendment to the Constitution, so as to authorize the submission of a proposal by the General Assembly for a new Constitution; 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 Paragraphs I and III of Article XIII, Section I and inserting in lieu thereof new Paragraphs I and III, to read as follows: Paragraphs I. Proposals to amend the Constitution; new Constitution; submission to people. A new Constitution may be proposed by the General Assembly or by a constitutional convention. The proposal by the General Assembly to provide for a new Constitution or to amend this Constitution shall originate as a resolution in either the Senate or the House of Representatives and, if approved by two-thirds of the members elected to each branch of the General Assembly in a roll call vote, such proposal shall be entered on the Journals of each branch with the `Ayes' and `Nays' taken thereon. Any proposal to amend this Constitution or any proposal for a new Constitution may be amended or repealed by the same General Assembly which adopted such proposal by the affirmative vote of two-thirds of the members elected to each branch of the General Assembly in a roll call vote entered on their respective Journals, if such action is taken at least two months prior to the date of the election at which such proposal is to be submitted.

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The Governor, the Attorney General, and the Secretary of State shall meet and determine whether a proposed amendment is general, and if not general, shall determine what political subdivision or subdivisions are directly affected by such proposed amendment. If a proposed amendment is general, it shall be published, as provided by law, in full, once each week for three consecutive weeks immediately preceding the date of the election at which such proposed amendment is to be submitted, in one newspaper of general circulation in each Congressional District of the State. If such proposed amendment is not general, it shall be published, as provided by law, in full, once each week for three consecutive weeks immediately preceding the date of the election at which such proposed amendment is to be submitted, in one newspaper of general circulation in each county in which the directly affected political subdivision or subdivisions are located. In the event no such newspaper is located in such county, a newspaper in an adjoining county shall be used. A proposal for a new Constitution shall be published in the same manner as proposed general amendments. Any proposed amendment which is general or a proposal for a new Constitution shall be submitted to the people of the entire State at the next general election which is held in the even-numbered years, and if ratified by a majority of the electors qualified to vote for members of the General Assembly voting thereon, such amendment shall become a part of this Constitution or shall become the new Constitution, as the case may be. A proposed amendment which is not general shall be submitted at the next general election which is held in the even-numbered years, but shall only be submitted to the people of the political subdivision or subdivisions directly affected. The votes 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 General Assembly, in the resolution, shall state the language to be used in submitting the proposed

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amendment or proposal for a new Constitution. When more than one amendment is submitted at the same time, they shall be so submitted as to enable the electors to vote on each amendment separately, but this shall not apply to a proposal for a new Constitution. Paragraph III. Veto not permitted. The Governor shall not have the right to veto any proposal by the General Assembly to provide a new Constitution or to amend this Constitution. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: YES () NO () Shall the Constitution be amended so as to provide that the General Assembly may submit for ratification proposals to provide for a new Constitution as well as to submit proposed amendments to the Constitution and to provide that such proposals may not be vetoed by the Governor? 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 April 9, 1968. CITY OF ATLANTADEBT LIMIT. Proposed Amendment to the Constitution. No. 190 (Senate Resolution No. 179). A Resolution. Proposing an amendment to Article VII of the Constitution so as to authorize the City of Atlanta to incur debt to the extent of fifteen per centum (15%) of the assessed value of all the taxable property therein, and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII of the Constitution of the State of Georgia of 1945, as amended, is hereby amended by adding at the end thereof a new Section to be appropriately numbered and to read as follows: SectionParagraph I. Notwithstanding any other provision of this Article, the total indebtedness hereafter incurred by the City of Atlanta shall never exceed fifteen per centum (15%) of the assessed value of all the taxable property therein, provided such indebtedness shall be authorized by the assent of the majority of the qualified voters of said city voting in an election for that purpose to be held as prescribed by law; Provided further, that the indebtedness of said city now existing for all purposes except indebtedness incurred since November 6, 1956 for school purposes, and indebtedness hereafter incurred for its lawful corporate purposes other than school purposes, shall never exceed eight per

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centum (8%) of the assessed value of all the taxable property therein; And provided further, that the existing indebtedness of said city incurred since November 6, 1956 for school purposes and indebtedness hereafter incurred, for the purpose of providing funds to acquire, construct, equip, improve and add to new or existing school buildings or facilities of the school system of the city, and for the acquisition of the necessary land and other property therefor and the payment of expenses incident thereto, shall never exceed seven per centum (7%) of the assessed value of all the taxable property therein. Paragraph II. The authorization to incur indebtedness and the limitation thereon set forth in this Section shall be in lieu of the authorization to incur indebtedness and the limitation thereon measured by 7% of the assessed value of taxable property therein prescribed in Section VII, Paragraph I of this Article for municipalities generally and of the authorization to incur indebtedness and the limitation thereon measured by 12% of the assessed value of taxable property therein prescribed specifically for the City of Atlanta pursuant to a special constitutional amendment to this Article (Ga. Laws 1956, p. 360), which was ratified at the general election held November 6, 1956, but this Section shall not affect in any way any other authorization to incur or create indebtedness provided for in this Constitution. Paragraph III. Anything in this Section to the contrary notwithstanding, if any additional amendment or amendments to this Article providing for the issuance of general obligation bonds by the City of Atlanta without a referendum upon meeting certain conditions should be ratified simultaneously with this Section, the provisions of such additional amendment or amendments pertaining to whether a referendum is or is not necessary in a particular situation shall be given full force and effect. 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: YES () NO () Shall the Constitution be amended so as to authorize the City of Atlanta to incur debt to the extent of fifteen per centum (15%) of the assessed value of all the taxable property therein, of which debt, eight per centum (8%) shall be for indebtedness incurred for all lawful corporate purposes prior to November 6, 1956, and existing indebtedness incurred since November 6, 1956 and indebtedness hereafter incurred, for all lawful corporate purposes other than school purposes, and seven per centum (7%) shall be for existing indebtedness incurred since November 6, 1956 and indebtedness hereafter incurred, for school 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. Approved April 9, 1968.

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CITY OF ATLANTAISSUANCE OF BONDS WITHOUT REFERENDUM. Proposed Amendment to the Constitution. No. 191 (Senate Resolution No. 180). A Resolution. Proposing an amendment to Article VII, of the Constitution, so as to authorize the City of Atlanta to issue bonds for school purposes without a referendum election under certain conditions; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII of the Constitution, as amended, is further amended by adding at the end thereof a new Section to be appropriately numbered and to read as follows: SectionParagraph I. Notwithstanding any other provisions of this Article, the City of Atlanta may issue general obligation bonds for school purposes without submitting the issuance thereof to the voters of said City at a referendum, subject to the following restrictions and limitations: The issuance of such bonds shall be authorized at a public meeting held for such purpose after at least ten (10) days' notice thereof in the official organ of said City, and in at least one (1) of the daily newspapers of said City. Within thirty (30) days after said public hearing, any person opposed to the issuance of said bonds without a referendum may prepare a petition for a referendum, to be filed with the City Clerk of the City of Atlanta. If such petition shall contain the signatures of not less than five (5%) percent of the registered voters of said City, and such fact shall be determined by the clerk, the clerk shall call an election to be held in said City, at which time the question of the issuance of the bonds shall be submitted to the vote of the qualified voters of the City of Atlanta,

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at an election to be held not earlier than thirty (30) days days nor later than forty-five (45) days from the date of said call; provided, however, that the Board of Aldermen, upon the filing of said petition for referendum, may withdraw the proposal from further consideration and decline to issue the bonds, either with or without a referendum. Should the Board make such an election to withdraw, no new public meetings to consider the same proposal may be had within a period of ninety (90) days following the date on which the aforesaid petition for referendum was filed. Not more than four million dollars ($4,000,000) in aggregate principal amount of such bonds so issued without a referendum shall be issued in any fiscal year. The aggregate of all outstanding bonds, including those issued by vote of the people in a referendum and those issued under this amendment without a referendum, shall not exceed the limitations provided elsewhere in this Article. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: For ratification of amendment to the Constitution so as to authorize the City of Atlanta to issue in any one year not in excess of $4,000,000 in principal amount of general obligation bonds for school purposes without a referendum but subject to certain limitations. Against ratification of amendment to the Constitution so as to authorize the City of Atlanta to issue in any one year not in excess of $4,000,000 in principal amount of

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general obligation bonds for school purposes without a referendum but subject to certain limitations. 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 hereon. Approved April 9, 1968. FLOYD COUNTY BOARD OF EDUCATIONINSURANCE FOR EMPLOYEES. Proposed Amendment to the Constitution. No. 192 (Senate Resolution No. 182). A Resolution. Proposing an amendment to the Constitution, so as to authorize the Board of Education of Floyd County to establish and participate in the cost of maintaining insurance, workmen's compensation and hospital programs for its employees; to provide the 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 VIII, Section XII, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:

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The Board of Education of Floyd County is hereby authorized to establish and participate in the cost of maintaining insurance, workmen's compensation and hospital programs for the beneft of its employees. The Board of Education is further authorized to determine the employer-employee contributions in such programs and the manner of paying such employer-employee contributions. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, 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 Board of Education of Floyd County to establish and participate in the cost of maintaining insurance, workmen's compensation and hospital programs for its employees? 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 April 9, 1968.

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CITY OF ATLANTAISSUANCE OF BONDS WITHOUT REFERENDUM. Proposed Amendment to the Constitution. No. 193 (Senate Resolution No. 184). A Resolution. Proposing an amendment to Article VII of the Constitution, so as to authorize the City of Atlanta to issue bonds for lawful public purposes other than school purposes without a referendum election under certain conditions; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII of the Constitution, as amended, is further amended by adding at the end thereof a new Section to be appropriately numbered and to read as follows: SectionParagraph I. Notwithstanding any other provision of this Article, the City of Atlanta may issue general obligation bonds for any lawful public purpose other than for school purposes, without submitting the issuance thereof to the voters of said City at a referendum, subject to the following restrictions and limitations: The issuance of such bonds shall be authorized at a public meeting held for such purpose after at least ten (10) days' notice thereof in the official organ of said City, and in at least one (1) of the daily newspapers of said City. Within thirty (30) days after said public hearing, any person opposed to the issuance of said bonds without a referendum may prepare a petition for a referendum, to be filed with the City Clerk of the City of Atlanta. If such petition shall contain the signatures of not less than five (5%) percent of the registered voters of said City, and such fact shall be determined by the clerk, the clerk shall call an election to be held in said City, at which time the

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question of the issuance of the bonds shall be submitted to the vote of the qualified voters of the City of Atlanta, at an election to be held not earlier than thirty (30) days nor later than forty-five (45) days from the date of said call; provided, however, that the Board of Aldermen, upon the filing of said petition for referendum, may withdraw the proposal from further consideration and decline to issue the bonds, either with or without a referendum. Should the Board make such an election to withdraw, no new public meeting to reconsider the same proposal may be had within a period of ninety (90) days following the date on which the aforesaid petition for referendum was filed. Not more than four million dollars ($4,000,000) in aggregate principal amount of such bonds so issued without a referendum shall be issued in any fiscal year. The aggregate of all outstanding bonds, including those issued by vote of the people in a referendum and those issued under this amendment without a referendum, shall not exceed the limitations provided elsewhere in this Article. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, 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. Approved April 9, 1968.

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MARKETING OF MILK REGULATED BY GENERAL ASSEMBLY. Proposed Amendment to the Constitution. No. 194 (Senate Resolution No. 213). A Resolution. Proposing an amendment to the Constitution so as to provide that the sale of milk is in the public interest and, as such, may be regulated by the General Assembly; 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 IV of the Constitution is hereby amended by creating a new Section, to be designated as Section VII, to read as follows: Paragraph I. The marketing of milk and milk substitutes is in the public interest and may be regulated 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 provide that the marketing of milk and milk substitutes is in the public interest and may be regulated by the General Assembly?

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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 April 9, 1968. CITY OF ATLANTAISSUANCE OF BONDS WITHOUT REFERENDUM. Proposed Amendment to the Constitution. No 195 (Senate Resolution No. 218). A Resolution. Proposing an amendment to Article VII of the Constitution, so as to authorize the City of Atlanta to issue bonds for school buildings or facilities without a referendum election and without compliance with other provisions of this Constitution which limit the authority of the City of Atlanta to incur debt; and for other purposes. Be it resolved by the General Assembly of Georgia, and it is hereby resolved: That Article VII of the Constitution of Georgia, as amended, be further amended by adding at the end thereof a new Section to be appropriately numbered and to be as follows:

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Section 1. Notwithstanding any other provisions of this Constitution, the City of Atlanta is authorized to incur bonded indebtedness to the extent of 45 million dollars issued for the purpose of providing funds to repair, add to and improve the existing school facilities of the City public school system, to purchase equipment necessary for the proper utilization of additions to and renovations of existing school buildings or facilities and to acquire, construct and equip new school buildings and facilities, acquire the property necessary therefor and pay the expenses incident thereto. Said bonded indebtedness shall be incurred by the City of Atlanta in all respects in accordance with the provisions of this Constitution except that the same may be incurred from time to time, but not later than December 31, 1970, upon request of the Board of Education of the City of Atlanta and shall not be conditioned upon approval by the voters in a referendum or election, and provided further that said indebtedness shall be in addition to any other indebtedness which the City is now or may hereafter be authorized to incur. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, such proposed amendment shall be published and submitted to the voters of the City of Atlanta as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment to the voters of the City of Atlanta shall have written or printed thereon the following: For ratification of amendment to the Constitution so as to authorize the City of Atlanta to incur bonded indebtedness to the extent of 45 million dollars in addition to any other indebtedness which the City is now or may hereafter be authorized to incur, for the purpose of providing funds to acquire, construct, equip and improve school buildings

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and facilities of the City school system without a referendum. Against ratification of amendment to the Constitution so as to authorize the City of Atlanta to incur bonded indebtedness to the extent of 45 million dollars in addition to any other indebtedness which the City is now or may hereafter be authorized to incur, for the purpose of providing funds to acquire, construct, equip and improve school buildings and facilities of the City school system without a referendum. If the people shall ratify such amendment by a majority of the electors qualified to vote voting thereon, such amendment shall become part of the Constitution of this State. The returns of the election shall be made in like manner as returns for electing the members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the results and certify the results to the Governor, who, shall, if such amendment be ratified, make proclamation thereon. Approved April 9, 1968. CITY OF SAVANNAHHISTORIC ZONES. Proposed Amendment to the Constitution. No. 196 (House Resolution No. 13-16). A Resolution. Proposing an amendment to the Constitution so as to authorize the governing authority of the City of Savannah to establish historic zones within a designated area of the City; to provide that inclusion of property within such zone shall not of itself constitute exemption from taxation; to provide for the enactment of planning and zoning ordinances to promote the educational, cultural, economic and general welfare of the City of Savannah by preserving

Page 1592

and protecting historic buildings, places, and districts, and to promote the general welfare through the benefits resulting to the economy of the City of Savannah in developing and maintaining its vacation-travel industry; to provide for the definition of the term historic zone; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article XI of the Constitution is hereby amended by adding at the end thereof the following: The governing authority of the City of Savannah is authorized to establish `historic zones' in the City within the area bounded on the north by the Savannah River; on the east by Randolph Street between the Savannah River and Broughton Street and by East Broad Street between Broughton and Gwinnett Streets; on the south by Gwinnett Street; and on the west by West Boundary Street, and to enact appropriate planning and zoning ordinances applicable thereto; provided that inclusion of any property within such zone shall not of itself constitute an exemption from taxation therefor. The purposes of such planning and zoning ordinances shall be to promote the education, cultural, economic and general welfare of the City of Savannah by preserving and protecting historic buildings, places, and districts, and to promote the general welfare through the benefits resulting to the economy of the City of Savannah in developing and maintaining its vacation-travel industry. As used herein, a `historic zone' is a district or area within which the buildings, structures, appurtenances and places are of basic and vital importance for the development and maintenance of the community's vacation travel industry, its tourism, its culture, and for the protection of property values because of their association with history; because of their unique architectural style and scale, including color, proportions, form and architectural details; or because of their being a part of or related to a square,

Page 1593

park or area, the design or general arrangement of which should be preserved and/or developed according to a fixed plan based on economic, cultural, historical or architectural motives or purposes. Section 2. When the proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, 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 to as to authorize the governing authority of the City of Savannah to establish historic zones within a designated area of the City of Savannah and enact appropriate planning and zoning ordinances applicable 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 a like manner as returns for elections of members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon. Approved April 9, 1968.

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JUSTICES OF THE PEACEJURISDICTION IN CIVIL CASES. Proposed Amendment to the Constitution. No. 197 (House Resolution No. 93-219). A Resolution. Proposing an amendment to the Constitution so as to change the jurisdiction of justices of the peace in civil cases; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VI, Section VII, Paragraph II of the Constitution is hereby amended by striking said Paragraph II in its entirety and substituting in lieu thereof a new Paragraph II to read as follows: Paragraph II. Jurisdiction. Justices of the Peace shall have jurisdiction in all civil cases arising ex contractu and in cases of injury or damage to and conversion of personal property, when the principal sum does not exceed five hundred dollars, and shall sit monthly at fixed times and places but in all cases there may be an appeal to a jury in said court, or an appeal to the Superior Court under such regulation as may be prescribed by law. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following:

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YES () NO () Shall the Constitution be amended so as to change the jurisdiction of justices of the peace in civil cases? 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 April 9, 1968. RETIREMENT SYSTEM FOR EMPLOYEES OF PUBLIC SCHOOLS. Proposed Amendment to the Constitution. No. 198 (House Resolution No. 142-403). A Resolution. Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the creation of a retirement system for all employees of public schools who are not covered by the Teachers' Retirement System including but not limited to, school bus drivers, school lunchroom personnel, school maintenance personnel and school custodial personnel, and for the expenditure of State funds and the funds of county and independent boards of education for the support of said retirement system; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

Page 1596

Be it resolved by the General Assembly of Georgia: Section 1. The Constitution is hereby amended by adding between Paragraphs II and III of Section II of Article VII a new paragraph to be designated Paragraph II-A, to read as follows: Paragraph II-A. The General Assembly is hereby authorized to provide by law for the creation of an actuarially sound, participating retirement system for all employees of public schools who are not covered by the Teachers' Retirement System including, but not limited to, school bus drivers, school lunchroom personnel, school maintenance personnel and school custodial personnel. The General Assembly is further authorized to provide in said Act creating such retirement system, or in any amendatory Acts thereto, for the expenditure of State funds and the funds of county and independent boards of education in support of said retirement system, in such manner as the General Assembly shall determine. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, 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 creation of an actuarially sound, participating retirement system for all employees of public schools who are not covered by the Teachers' Retirement System, including, but not limited to, school bus drivers, school lunchroom personnel,

Page 1597

school maintenance personnel and school custodial personnel, and for the expenditure of State funds and the funds of county and independent boards of education for the support of said retirement 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 result to the Governor, who shall issue his proclamation thereon. Approved April 9, 1968. ISSUANCE OF BONDS FOR LOANS TO STUDENTS. Proposed Amendment to the Constitution. No. 199 (House Resolution No. 217-712). A Resolution. Proposing a constitutional amendment so as to authorize the General Assembly to provide by law for the issuance of revenue bonds for the purpose of making direct loans to students in order to allow such students to acquire an education beyond the twelfth grade; 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. The Constitution is hereby amended by adding, immediately following the paragraph appearing in Article VII, Section I, Paragraph II, which reads as follows: The General Assembly is hereby authorized to provide by law for a program of guaranteed student loans and for the payment of interest on such loans, which loans shall be used for the purpose of acquiring an education beyond the twelfth (12th) grade. The General Assembly is authorized to create an authority, a corporation or other entity for the purpose of administering any such law. Such law shall provide the agencies which may participate in any such loan program which may include commercial banks, savings banks, savings and loan associations, life insurance companies, credit unions, and retirement and pension systems. Such law shall provide a maximum rate of interest which may be charged for such loans and shall provide a portion of such interest which will be paid by the State. State funds may be expended for such purposes and the General Assembly is hereby authorized to appropriate money therefor. The General Assembly is also authorized to provide that contributions for the purposes provided herein shall be deductible for State income tax purposes. The General Assembly is also authorized to provide for such tax exemptions as shall be deemed advisable in connection with such program. The General Assembly is hereby authorized to provide for all other matters relative to the purposes provided for herein. a new paragraph to read as follows: The General Assembly is hereby authorized to provide by law for the issuance of revenue bonds for the purpose of making direct loans to students in order to allow such students to acquire an education beyond the twelfth (12th) grade. The amount of such revenue bonds that may be outstanding at any one time, the interest rates, terms and conditions associated with the issuance of such bonds and all other matters relating to the issuance of

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such bonds shall be as the General Assembly shall provide by law. Such bonds shall be retired by the proceeds derived from the repayment of such student loans plus the interest, which may be such rate or rates as the General Assembly shall determine, on such loans in such manner and under such terms and conditions as the General Assembly shall determine. To the extent necessary to secure the issuance and sale of such bonds, such bonds may be retired from State funds in such manner as the General Assembly shall determine, any other provisions of this Constitution to the contrary notwithstanding. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, 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 issuance of revenue bonds for the purpose of making direct loans to students in order to allow such students to acquire an education beyond the twelfth grade? 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

Page 1600

members of the General Assembly, and it shall be 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 April 9, 1968. ELBERT COUNTY INDUSTRIAL BUILDING AUTHORITY. Proposed Amendment to the Constitution. No. 200 (House Resolution No. 377-853). A Resolution. Proposing an amendment to the Constitution so as to create the Elbert County Industrial Building Authority; to provide for powers, authority, funds, purposes and procedure connected therewith; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article V, Section IX of the Constitution is hereby amended by adding at the end thereof a new paragraph which shall read as follows: A. There is hereby created a body corporate and politic in Elbert County to be known as the Elbert County Industrial Building 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, one of whom shall be the Chairman of the Board of Commissioners of Elbert County; one of whom shall be the Mayor of the City of Elberton; one of whom shall be the

Page 1601

Mayor of Bowman; one of whom shall be the President of the Chamber of Commerce of Elbert County, or its successor and one of whom shall be appointed by the four other members first above mentioned. Members, etc. (1)The terms of office of the members who are the Chairman of the Board of Commissioners of Elbert County, the Mayor of the City of Elberton, the Mayor of the City of Bowman and the President of the Chamber of Commerce of Elbert County or its successor shall run concurrently with their respective tenures of such offices in said bodies, and their respective successors in such offices shall succeed them as members of the said Authority. (2) The one member initially appointed by the four other members first above mentioned shall be appointed for terms of five years. The respective successors of said one member shall be appointed for terms of five years and the said one member shall be eligible for reappointment. In the event of the death or resignation of the one of said appointed member, the successor shall be appointed by the remaining members for the balance of the unexpired term. 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 Elbert County. The exemption from taxation herein provided shall not include the exemption from sales and use taxes on property purchased by the Authority for use by the Authority. Property. D. The powers of the Authority shall include, but not be limited to the power: Powers. (1) To receive and administer gifts, grants and donations and to administer trusts; (2) To borrow money, to issue notes, bonds and revenue certificates, to execute trust agreements or indentures,

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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 Elbert 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 Elbert County, suitable for and intended for use as a factory, mill, shop, processing plant, assembly plant, or fabricating plant, including all necessary and appurtenant lands and appurtenances thereto, and all necessary or useful furnishings, machinery and equipment. Such acquisition may be through the acquisition of land and the construction thereon of a building, including the demolition of existing structures, or through the acquisition of an existing building and the remodeling, renovating, reconstruction, furnishing and equipping of such building; (6) No building acquired hereunder shall be operated by the Authority but shall be leased or sold to one or more persons, firms, or corporations. If sold, the purchase price may be paid at one time or in installments falling due in not more than thirty (30) years from the date of transfer of possession. The lessee or purchaser shall be required to pay all costs of operating and maintaining the building or buildings and to pay

Page 1603

rentals or installments sufficient, together with other revenues which may be pledged for the purpose, to retire all bonds, both principal and interest, and to pay all other expenses which the Authority may have incurred in connection with the undertaking. (7) To accumulate its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested; (8) To designate officers to sign and act for the Authority generally or in any specific matter; (9) To do any and all acts and things necessary or convenient to accomplish the purpose and powers of the Authority as herein stated; E. The Authority shall not be authorized to create in any manner any debt, liability or obligation against the State of Georgia or Elbert 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 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 bonds issued as provided herein, and such trust agreement

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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 Elbert County to pay any such bonds or the interest thereon nor to enforce payment thereof against any property of Elbert County. Bonds. H. The Authority may authorize additional bonds, for extensions and permanent improvements to any industrial building acquired hereunder, to be placed in escrow and to be negotiated from time to time as proceeds for that purpose may become necessary. Bonds so placed in escrow shall, when sold and delivered, have such standing with the bonds of the same issue as may be provided in the authorized proceedings. Same. I. No bonds except refunding bonds shall be issued hereunder unless the Authority shall have found and declared that the undertaking for which the bonds are to be issued will increase employment in Elbert County. 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, etc. 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 disolution 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. L. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare industry and trade within Elbert 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.

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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 Elbert County and the scope of its operation 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 Elbert County Industrial Building Authority? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for

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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. Approved April 9, 1968. CREATION OF DEVELOPMENT AUTHORITIES AUTHORIZED. Proposed Amendment to the Constitution. No. 202 (House Resolution No. 399-912). A Resolution. Proposing an amendment to the Constitution so as to provide that the General Assembly may create Development Authorities or authorize any county or municipal corporation or combinations thereof to create Development Authorities and authorize such Authorities to issue revenue obligations for the purpose of developing industry, trade and employment opportunities; 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 V-A and to read as follows: Paragraph V-A. Revenue Obligations Authorized. The development of trade, commerce, industry and employment opportunities is hereby declared to be a public purpose vital to the welfare of the people of this State. The General Assembly may create Development Authorities to promote and further such purposes or may authorize the creation of such Authority by any county or municipal

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corporation or combinations thereof under such uniform terms and conditions as it may deem necessary. The General Assembly may exempt from taxation Development Authority obligations, properties, activities or income and may authorize the issuance of Revenue Obligations by such Authorities which shall not constitute an indebtedness of the State within the meaning of Section VII of this Article. The General Assembly may provide for the validation of any Revenue Obligations authorized, and that such validation shall thereafter be incontestable and conclusive. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: YES () NO () Shall the Constitution be amended so as to provide that the General Assembly may create Development Authorities or authorize any county or municipal corporation or combinations thereof to create Development Authorities and authorize such authorities to issue revenue obligations for the purpose of developing industry, trade and employment opportunities. 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. Approved April 9, 1968. EARLY COUNTY DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 203 (House Resolution No. 406-912). A Resolution. Proposing an amendment to the Constitution so as to create the Early 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. The Constitution of this State is hereby amended by adding at the end of Article VII, Section VII, Paragraph V, the following: A. There is hereby created a body corporate and politic in Early County to be known as the `Early County Industrial Development Authority', hereinafter referred to as the `Authority', which shall be an instrumentality of Early County and a public corporation. Created. B. The Authority shall consist of the Commissioners of Roads and Revenues of Early County and the Mayor

Page 1609

of the City of Blakely by virtue of their holding of said elective offices. Two additional members of the Authority shall be appointed by a majority of the Commissioners of Roads and Revenues of Early County. They shall be appointed for initial terms of two and four years, respectively, and until their successors are appointed and qualified; thereafter, their successors shall be appointed for terms of four years and until their successors are appointed and qualified. A majority of the members shall constitute a quorum and a majority may act for the Authority in any manner. No vacancy shall impair the power of the Authority to act. Members, etc. 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 Early County. The exemption from taxation herein provided shall not include the exemption from sales and use taxes on property purchased by the Authority or for use by the Authority. Property. D. The powers of the Authority shall include, but not be limited to, the power: (1) To 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 Early 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 Early 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;

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(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 Early 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 Early 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 Early 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 or building under construction and the remodeling, renovating, reconstructing, completing of construction, 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

Page 1611

installments falling due in not more than thirty (30) years from the date of transfer of possession. The lessee or purchaser shall be required to pay all costs of operating and maintaining the building or buildings and to pay rentals or installments sufficient, together with other revenues which may be pledged for the purpose, to retire all bonds, both principal and interest, and to pay all other expenses which the Authority may have incurred in connection with the undertaking; (8) To accumulate its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested; (9) To designate officers to sign and act for the Authority generally or in any specific matter; (10) To do any and all acts and things necessary or convenient to accomplish the purpose and powers of the Authority as herein stated; E. The Authority shall not be authorized to create in any manner any debt, liability or obligation against the State of Georgia or Early 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 and contract liability. G. The members of the Authority shall receive no compensation for their services of the Authority. Compensation. H. In addition to the purposes for which Revenue Bonds are now permitted by this Constitution to be issued,

Page 1612

the Authority, with the consent of the Board of Commissioners of Roads and Revenues of Early County, to carry out public purposes of this amendment is hereby authorized to issue Revenue Bonds bearing rate or rates of interest not to exceed 8% 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 heretofore or hereafter 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 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. 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 for the public good and welfare of Early County and its citizens, industry, agriculture and trade within the County of Early, and making long-range plans for such development and expansion and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of this purpose. Intent. K. 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. 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 Early County, and the scope of its operations shall be limited to the territory embraced within Early County. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond the limits of Early County. General Assembly. M. 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 Early County or the State. Debts. N. In the event any section, subsection, sentence, clause or phrase of this amendment 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 amendment, 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 thereof. 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:

Page 1614

YES () NO () Shall the Constitution be amended so as to create the Early 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. Approved April 9, 1968. BUTTS COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 204 (House Resolution No. 412-917). A Resolution. Proposing an amendment to the Constitution, so as to create the Butts 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 VII, Paragraph V of

Page 1615

the Constitution is hereby amended by adding at the end thereof the following: A. There is hereby created a body corporate and politic in Butts County, to be known as the Butts County Industrial Development Authority, which shall be an instrumentality of Butts 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 Butts County, and they shall serve for a term of five years. Vacancies shall be filled for the unexpired term by the said Board of County Commissioners. A majority of the members shall constitute a quorum and a majority may act for the Authority in any matter. No vacancy shall impair the power of the Authority to act. Members. 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 Butts 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. Property. D. The powers of the Authority shall include, but not be limited to, the power: (1) To receive and administer gifts, grants and donations and to administer trusts; Powers. (2) To borrow money, to issue notes, bonds and revenue certificates, to execute trust agreements or indentures, and to sell, convey, mortgage, pledge and assign any and all of its funds, property and income as security therefor; (3) To contract with political subdivisions of the State of Georgia and with private persons and corporations and to sue and be sued in its corporate name;

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(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 Butts 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 Butts 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

Page 1617

funds of the State of Georgia or any of its political subdivisions may be invested; (8) To designate officers to sign and act for the Authority generally or in any specific matter; (9) To do any and all acts and things necessary or convenient to accomplish the purpose and powers of the Authority as herein stated. E. The Authority shall not be authorized to create in any manner any debt, liability or obligation against the State of Georgia or Butts 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 Butts County to pay any such bonds or the

Page 1618

interest thereon nor to enforce payment thereof against any property of Butts County. Bonds. H. The Authority may authorize additional bonds, for extensions and permanent improvements to any industrial building acquired hereunder, to be placed in escrow and to be negotiated from time to time as proceeds for that purpose may become necessary. Bonds so placed in escrow shall, when sold and delivered, have such standing with the bonds of the same issue as may be provided in the authorizing proceedings. Same. I. No bonds except refunding bonds shall be issued hereunder unless the Authority shall have found and declared that: Same. (1) The undertaking for which the bonds are to be issued will increase employment in Butts County; (2) The lessee or purchaser of the building or buildings involved will not by virtue of establishing operations in said county, reduce the number of employees employed by said lessee or purchaser elsewhere in the State of Georgia. J. No moneys derived by the Authority from any source other than gifts and contributions from private individuals, firms, or corporations shall at any time be used for entertainment, or other promotional expenses. Gifts, etc. 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 Butts County subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property at that time. Property. L. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare industry and trade within Butts County and reducing unemployment to the greatest extent possible, and this amendment and any law enacted with reference to the

Page 1619

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 Butts 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 Butts 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.

Page 1620

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 April 9, 1968. QUITMAN COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 206 (House Resolution No. 421-932). A Resolution. Proposing an amendment to the Constitution so as to create the Quitman County Industrial Development Authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section VII, Paragraph V of the Constitution is hereby amended by adding at the end thereof the following: A. There is hereby created a body corporate and politic to be known as the `Quitman County Industrial Development 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 said body may contract and be contracted with, sue and be sued, plead and be impleaded, and complain and defend in all courts of law and equity. Created.

Page 1621

B. The Authority shall be composed of five members, three of whom shall be appointed by the governing authority of Quitman County, and two of whom shall be appointed by the Mayor of the City of Georgetown. The first members shall be appointed for terms of one, two, three, four and five years with the governing authority of Quitman County appointing members for terms of one, three and four years and the Mayor of Georgetown appointing members for terms of two and five years, and all such members shall take office on January 1, 1969. Thereafter successors shall be appointed by the governing authority of the county and the Mayor of Georgetown for terms of five years so that the terms shall remain staggered. In the event a vacancy occurs on the Authority, for any reason, the governing authority of the county or the Mayor, as the case may be, shall appoint a member to serve the unexpired term. The Authority is hereby empowered to elect its own chairman, vice chairman and secretary from its membership. No member of the governing authority of Quitman County or the City of Georgetown shall be eligible to serve as a member of said Authority and only residents of Quitman County shall be eligible for membership on the Authority. The members of the Authority shall receive no compensation for their services on the Authority. Members. etc. C. As used in this amendment, 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 Quitman County Industrial Development Authority. Definitions. 2. The word `project' shall be deemed to mean and include the acquisition of lands, properties and improvements for development, expansion and promotion of jobs and payrolls in industry, commerce, agriculture, and natural resources; the construction of buildings and plants or the acquisition of equipment for the purpose of selling, leasing or renting such structures or equipment to private persons, firms or corporations.

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3. The term `cost of project' shall embrace the cost of construction, the cost of all lands, properties, easements, rights and franchises acquired, the cost of machinery and equipment, financing charges, interest prior to and during construction and for one year after completion of construction, cost of engineering, 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. The funds the Authority may borrow and the interest paid thereon, for interim or temporary financing for any of the above named items for the use of a designated project, pending the issue and validation of revenue anticipation bonds for such project, shall be considered a `cost of project' which may be paid or repaid from the proceeds of the revenue anticipation bonds authorized herein in paragraph F. 12. D. The County of Quitman is expressly authorized to enter into contracts with the Authority as a public corporation. Contracts. E. Any three (3) members shall constitute a quorum for the transaction of the ordinary business of the Authority; however, any action with respect to any project of the Authority must be approved by not less than three (3) affirmative votes. Quorum. F. The Authority shall have powers: Powers. 1. To have a seal and alter the same at pleasure. 2. To acquire, hold, and dispose of personal property, including the stock of other corporations, for its corporate purposes. 3. To enter into contracts for periods of time not in excess of fifty (50) years.

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4. 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 liens or easements therein or franchises necessary or convenient for its corporate purposes, and to use the same, and to lease or make contracts with respect to the use of same or to dispose of same in any manner the Authority deems to its best advantage. If the Authority shall deem it expedient to construct any project or use any project already constructed on lands, the title to which shall then be in the County of Quitman, the governing authority of Quitman County is authorized in its discretion to convey title to such lands, including any improvements thereon, to the Authority. 5. To appoint and select officers, agents, and employees, including engineers, architects, builders, and attorneys, and to fix their compensation. 6. 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. 7. To construct, erect, acquire, own, repair, remodel, maintain, extend, improve, sell, equip, expand and to operate and manage projects and to pay the cost of any such projects from the proceeds of revenue anticipation certificates or bonds or any other income of the Authority, or from any contribution or loans by persons, firms, or corporations, all of which the Authority is hereby authorized to receive and accept and use. 8. To borrow money for any of its corporate purposes and to execute notes, mortgages, deeds to secure debt, trust deeds and such other instruments as may be necessary or convenient to evidence and secure such borrowing. It is specifically provided that in addition to the pledge of revenue from any project for the payment of revenue anticipation bonds and for the benefit of the bondholders, the Authority is authorized to execute mortgages, deeds to secure debts, trust deeds and such other

Page 1624

instruments as may be necessary or convenient covering the property of any particular project as additional security for the bondholders of such project. 9. 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 the State of Georgia. 10. To do all things necessary or convenient to carry out the powers expressly conferred by this amendment. 11. To adopt, alter or repeal its own bylaws, rules and regulations governing the manner in which its business may be transacted and in which the power granted to it may be enjoyed, as the Authority may deem necessary or expedient in facilitating its business. G. In addition to the purposes for which Revenue Bonds are now permitted by this Constitution to be issued, the Authority, in order to carry out public purposes of this amendment, is hereby authorized to issue Revenue Bonds bearing rate or rates of interest, not exceeding eight per cent (8%) per annum, 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 heretofore or hereafter 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 terms or conditions under which such bonds are issued. Bonds.

Page 1625

H. The Authority is hereby specifically authorized to purchase or otherwise acquire land and to improve and develop same so as to make said land more desirable for industrial purposes. Such land acquisition and development may be undertaken by the Authority at any time whether or not there is at such time a prospective industry considering the purchase or lease of an industrial site in Quitman County. Such land and improvements may be held by the Authority for any length of time it deems desirable, but any sale, lease or other disposition of same when made, shall be subject to the provisions of paragraph I hereof. Powers. I. No moneys derived by the Authority from any source other than gifts and contributions from private individuals, firms or corporations shall at any time be used for entertainment, or other promotional expenses. Gifts, etc. J. All projects of the Authority shall be on a self-liquidating basis, and the Authority shall not make gifts, directly or indirectly, to any person, firm or corporation. Projects. 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 Quitman County subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property at that time. Property. L. All lands and improvements and personal property the title to which is vested in the Authority, and all debentures, notes, bonds, and revenue anticipation certificates issued by the Authority shall be exempt from State and local taxation. The exemption from taxation herein provided shall not include the exemption from sales and use taxes on property purchased by the Authority or for use by the Authority. Property. M. 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 Quitman. Debts.

Page 1626

N. The books and records of the Authority shall be audited at least annually, at the expense of the Authority, by a competent auditor. The Authority shall furnish copies of said audit to Quitman County, and shall publish same one time in all newspapers printed in Quitman County. Audits. O. This amendment, being for the purpose of developing and promoting the public good and the welfare of the County of Quitman and its inhabitants, shall be liberally construed to effect the purposes hereof. Intent. P. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare industry and trade within the County of Quitman and reducing unemployment to the greatest extent possible, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of these purposes. Purpose. Q. 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 same, and may likewise further regulate the management and conduct of the Authority; provided, however, nothing herein shall be construed so as to authorize the General Assembly to provide by law that the governing authority of Quitman County may levy an ad valorem tax to carry out the purposes of this amendment. 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:

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YES () NO () Shall the Constitution be amended so as to create the Quitman 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. Approved April 9, 1968. GAME AND FISH COMMISSION. Proposed Amendment to the Constitution. No. 207 (House Resolution No. 422-932). A Resolution. Proposing an amendment to the Constitution, so as to create a new Game and Fish Commission; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article V, Section IV, of the Constitution, relating to the Game and Fish Commission, is hereby amended by striking said section in its entirety and inserting in lieu thereof a new Article V, Section IV to read as follows:

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Section IV. Paragraph I. Game and Fish Commission. There is hereby created a State Game and Fish Commission which shall consist of fifteen members and shall be a successor to the Commission existing at the time of the ratification of this amendment. The Commission shall have such powers, authority, duties and shall receive such compensation and expenses as heretofore provided by law or as may hereafter be provided for by the General Assembly. There shall be ten Commission Districts, as hereinafter provided, with one member from each district. The member of the Commission from each Commission District shall be appointed by the Governor from a list of three names submitted to him by the members of the House of Representatives and Senate from the House Districts and Senatorial Districts embraced or partly embraced within such Commission District, meeting in caucus. The First Commission District through the Tenth Commission District shall be composed of all the counties that are in the First Congressional District through the Tenth Congressional District respectively, at the time of the ratification of this amendment. Paragraph II. Appointment and Term of Office of Commissioners from Commission Districts. The members of the Commission existing at the time of the ratification of this amendment shall continue to serve until the members of the new Commission herein created are appointed as hereinafter provided. The legislative delegation from the Tenth Commission District shall meet in caucus in December, 1968 and shall submit three names to the Governor, who shall appoint from the names submitted, a Commissioner from the Tenth Commission District who shall serve for a period of four years beginning January 1, 1969 and succeed the present Commissioner from the Tenth Congressional District. The respective legislative delegations from the First and Third Commission Districts shall meet in caucus in December, 1969 and each such delegation shall submit three names to the Governor, who shall appoint from the names submitted a Commissioner from each Commission District, who shall serve for a period of four years beginning January 1, 1970 and succeed the present members of the Commission from the First and Third Congressional Districts.

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The respective legislative delegations from the Second, Fourth and Sixth Commission Districts shall meet in caucus in December, 1970 and each such delegation shall submit three names to the Governor who shall appoint from the names submitted a Commissioner from each Commission District, who shall serve for a period of four years beginning January 1, 1971 and succeed the present Commissioners from the Second, Fourth and Sixth Congressional Districts. The respective legislative delegations from the Fifth and Ninth Commission Districts shall meet in caucus in December, 1973 and each such delegation shall submit three names to the Governor, who shall appoint from the names submitted a Commissioner from each Commission District, who shall serve for a period of four years beginning January 1, 1974 and succeed the present Commissioners from the Fifth and Ninth Congressional Districts. The respective legislative delegations from the Seventh and Eighth Commission Districts shall meet in caucus in December, 1974 and each such delegation shall submit three names to the Governor who shall appoint from the names submitted a Commissioner from each Commission District, who shall serve for a period of four years beginning January 1, 1975 and succeed the present Commissioners from the Seventh and Eighth Congressional Districts. Thereafter, all Commissioners representing Commission Districts shall be appointed in the same manner for four year terms except those appointed to fill vacancies as hereinafter provided. At least thirty days prior to the expiration of the term of office of any such Commission member, the legislative delegation from the district represented by such Commission member shall meet and submit three names to the Governor, who shall appoint a Commissioner for the next term of office. All members of the Commission appointed under the provisions of this paragraph shall remain in office until the expiration of their terms or until removed as hereinafter provided. Paragraph III. Vacancies. Removal of Commissioners who represent Commission Districts. The Governor may remove a Commissioner, who represents a Commission District, for inefficiency, neglect of duty, or misconduct

Page 1630

in office, after first delivering to him and the legislative delegation from the district he represents, a copy of the charges. Such Commission member shall be afforded an opportunity to be publicly heard in person or by counsel in his own defense within ten days after being served with a notice of removal. If such Commissioner shall be removed, the Governor shall file in the office of the Secretary of State a complete statement of all charges made against such Commissioner and his findings thereon, together with a complete record of the proceedings. Any Commissioner so removed shall have the right to appeal such action to the legislative delegation from the district which he represents for a hearing at which he may be represented by counsel of his choice. Notice of such appeal shall be given to the Governor and the aforementioned legislative delegation within ten days following removal by the Governor. The legislative delegation, by majority vote, may uphold, modify, or reverse the action of the Governor. Any vacancy on the Commission created in this manner or in any other manner shall be filled for the unexpired term in the same manner as Commissioners are chosen upon expiration of their terms of office. Paragraph IV. Appointment of Additional Members . In addition to the members of the Commission who represent Commission Districts, the Governor shall appoint a successor to the present Commissioner representing Chatham, Bryan, Liberty, McIntosh, Glynn and Camden Counties, who shall reside in one of the above named counties, and shall take office on January 1, 1969, serve for a period concurrent with the term of office of the Governor who appointed him and be subject to removal at the pleasure of said Governor. The Governor shall also appoint two members of the Commission from the State at large. Such members shall serve for a period concurrent with the term of office of the Governor who appointed them and be subject to removal at the pleasure of said Governor. Provided, however, under no circumstances shall there be more than two members of the Commission who reside in one Congressional District. All appointments which the Governor makes pursuant to

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the provisions of this paragraph shall be subject to confirmation by the Senate. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, 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 creation of a new Game and Fish Commission? 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 April 9, 1968.

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HOMESTEAD EXEMPTIONS FOR DISABLED VETERANS. Proposed Amendment to the Constitution. No. 209 (House Resolution No. 436-952). A Resolution. Proposing an amendment to the Constitution so as to extend the homestead exemption for disabled veterans to those veterans suffering from loss, or loss of use, of both lower extremities, such as to preclude locomotion without the aid of braces, crutches, canes or a wheelchair; 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 of the last sentence of the last paragraph of Paragraph IV, following the word arms the following: , or loss, or loss of use, of both lower extremities, such as to preclude locomotion without the aid of braces, crutches, canes or a wheelchair., so that when so amended the last paragraph of Paragraph IV shall read as follows: Each disabled veteran, as hereinafter defined, who is a citizen and resident of Georgia, is hereby granted an exemption of $10,000.00 on his homestead which he owns and which he actually occupies as a residence and homestead, such exemption being from all ad valorem taxation for State, county, municipal and school purposes. The value of all property in excess of the above exempted amount shall remain subject to taxation. The term `disabled veteran', as used herein, means a disabled American veteran of any war or armed conflict in which any branch of the armed forces of the United States engaged, whether

Page 1633

under United States command or otherwise, and who is disabled as a result of such service in the armed forces, by paraplegia or permanent paralysis of both legs and lower parts of the body resulting from traumatic injury to the spinal cord or brain, or paraplegia or such permanent paralysis resulting from multiple sclerosis, or by total blindness, or by the amputation of both legs or both arms, or loss, or loss of use, of both lower extremities, such as to preclude locomotion without the aid of braces, crutches, canes or a wheelchair. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, 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 extend the homestead exemption for disabled veterans to those veterans suffering from loss, or loss of use, of both lower extremities, such as to preclude locomotion without the aid of braces, crutches, canes or a wheelchair? 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

Page 1634

members of the General Assembly, and it shall be 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 April 9, 1968. CLAY COUNTY DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 211 (House Resolution No. 453-1002). A Resolution. Proposing an amendment to the Constitution so as to create the Clay 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. The Constitution of this State is hereby amended by adding at the end of Article VII, Section VII, Paragraph V, the following: A. There is hereby created a body corporate and politic in Clay County to be known as the `Clay County Industrial Development Authority', hereinafter referred to as the `Authority', which shall be an instrumentality of Clay County and a public corporation. Created. B. The Authority shall consist of the Commissioners of Roads and Revenues of Clay County and the Mayor of the City of Fort Gaines by virtue of their holding of said elective offices. Two additional members of the Authority shall be appointed by a majority of the Commissioners of Roads and Revenues of Clay County. They shall

Page 1635

be appointed for initial terms of two and four years, respectively, and until their successors are appointed and qualified; thereafter, their successors shall be appointed for terms of four years and until their successors are appointed and qualified. A majority of the members shall constitute a quorum and a majority may act for the Authority in any manner. No vacancy shall impair the power of the Authority to act. Members, etc. 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 Clay County. The exemption from taxation herein provided shall not include the exemption from sales and use taxes on property purchased by the Authority or for use by the Authority. Property. D. The powers of the Authority shall include, but not be limited to, the power: (1) To 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 Clay 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 Clay 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

Page 1636

assign any and all of its funds, property and income as security therefor; (5) To contract with Clay 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 Clay 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 Clay 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 or building under construction and the remodeling, renovating, reconstructing, completing of construction, 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

Page 1637

and to pay rentals or installments sufficient, together with other revenues which may be pledged for the purpose, to retire all bonds, both principal and interest, and to pay all other expenses which the Authority may have incurred in connection with the undertaking; (8) To accumulate its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested; (9) To designate officers to sign and act for the Authority generally or in any specific matter; (10) To do any and all acts and things necessary or convenient to accomplish the purpose and powers of the Authority as herein stated; E. The Authority shall not be authorized to create in any manner any debt, liability or obligation against the State of Georgia or Clay 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 and contract liability. G. The members of the Authority shall receive no compensation for their services of the Authority. Compensation. H. In addition to the purposes for which Revenue Bonds are now permitted by this Constitution to be issued, the Authority, with the consent of the Board of Commissioners of Roads and Revenues of Clay County, to carry out public purposes of this amendment is hereby

Page 1638

authorized to issue Revenue Bonds bearing rate or rates of interest not to exceed 8% 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 heretofore or hereafter 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. 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 for the public good and welfare of Clay County and its citizens, industry, agriculture and trade within the County of Clay, and making long range plans for such development and expansion and this amendment and any law enacted with reference to the Authority shall be lilberally construed for the accomplishment of this purpose. Purpose. 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.

Page 1639

L. 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 Clay County, and the scope of its operations shall be limited to the territory embraced within Clay County. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond the limits of Clay County. General Assembly. M. 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 Clay County or the State. Debts. N. In the event any section, subsection, sentence, clause or phrase of this amendment 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 amendment, 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. 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 Clay County Industrial Development Authority and to provide for powers, authority, funds, purposes and procedures connected therewith?

Page 1640

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 April 9, 1968. CHATTAHOOCHEE COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 212 (House Resolution No. 475-1020). A Resolution. Proposing an amendment to the Constitution so as to create the Chattahoochee County Industrial Development Authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section VII, Paragraph V of the Constitution is hereby amended by adding at the end thereof the following: A. There is hereby created a body corporate and politic to be known as the `Chattahoochee County Industrial Development Authority', which shall be deemed to be an instrumentality of the State of Georgia and a public corporation,

Page 1641

and by that name, style and title said body may contract and be contracted with, sue and be sued, plead and be impleaded, and complain and defend in all court of law and equity. Created. B. The Authority shall be composed of five members, three of whom shall be appointed by the governing authority of the Chattahoochee County, and two of whom shall be appointed by the Mayor of the City of Cusseta. The first members shall be appointed for terms of one, two, three, four and five years with the governing authority of Chattahoochee County appointing members for terms of one, three and four years and the Mayor of Cusseta appointing members for terms of two and five years, and all such members shall take office on January 1, 1969. Thereafter, successors shall be appointed by the governing authority of the county and the Mayor of Cusseta for terms of five years so that the terms shall remain staggered. In the event a vacancy occurs on the Authority, for any reason, the governing authority of the county or the Mayor, as the case may be, shall appoint a member to serve the unexpired term. The Authority is hereby empowered to elect its own chairman, vice chairman and secretary from its membership. No member of the governing authority of Chattahoochee County or the City of Cusseta shall be eligible to serve as a member of said Authority and only residents of Chattahoochee County shall be eligible for membership on the Authority. The members of the Authority shall receive no compensation for their service on the Authority. Members, etc. C. As used in this amendment, 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 Chattahoochee County Industrial Development Authority. 2. The word `Project' shall be deemed to mean and include the acquisition of lands, properties and improvements for development, expansion and promotion of jobs and payrolls in industry, commerce, agriculture, and natural

Page 1642

resources; the construction of buildings and plants or the acquisition of equipment for the purpose of selling, leasing or renting such structures or equipment to private persons, firms or corporations. 3. The term `cost of project' shall embrace the cost of construction, the cost of all lands, properties, easements, rights and franchises acquired, the cost of machinery and equipment, financing charges, interest prior to and during construction and for one year after completion of construction, cost of engineering, 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 expense be considered a part of the cost of any project. The funds the Authority may borrow and the interest paid thereon, for interim or temporary financing for any of the above named items for the use of a designated project, pending the issue and validation of revenue anticipation bonds for such project, shall be considered a `cost of project' which may be paid or repaid from the proceeds of the revenue anticipation bonds authorized herein paragraph G. D. The County of Chattahoochee is expressly authorized to enter into contracts with the Authority as a public corporation. Contracts. E. Any three (3) members shall constitute a quorum for the transaction of the ordinary business of the Authority; however, any action with respect to any project of the Authority must be approved by not less than three (3) affirmative votes. Quorum. F. The Authority shall have powers: 1. To have a seal and alter the same at pleasure. 2. To acquire, hold, and dispose of personal property,

Page 1643

including the stock of other corporations, for its corporate purposes. Powers. 3. To enter into contracts for periods of time not in excess of fifty (50) years. 4. 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 liens or easements therein of franchises necessary or convenient for its corporate purposes, and to use the same, and to lease or make contracts with respect to the use of same or to dispose of same in any manner the Authority deems to its best advantage. If the Authority shall deem it expedient to construct any project or use any project already constructed on lands, the title to which shall then be in the County of Chattahoochee, the governing authority of Chattahoochee County is authorized in its discretion to convey title to such lands, including any improvements thereon, to the Authority. 5. To appoint and select officers, agents and employees, including engineers, architects, builders, and attorneys, and to fix their compensation. 6. 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. 7. To construct, erect, acquire, own, repair, remodel, maintain, extend, improve, sell, equip, expand and to operate and manage projects and to pay the cost of any such project from the proceeds of revenue anticipation certificates or bonds or any other income of the Authority, or from any contribution or loans by persons, firms, or corporations, all of which the Authority is hereby authorized to receive and accept and use. 8. To borrow money for any of its corporate purposes and to execute notes, mortgages, deeds to secure debt,

Page 1644

trust deeds and such other instruments as may be necessary or convenient to evidence and secure such borrowing. It is specifically provided that in addition to the pledge of revenue from any project for the payment of revenue anticipation bonds and for the benefit of the bondholders, the Authority is authorized to execute mortgages, deeds to secure debts, trust deeds and such other instruments as may be necessary or convenient covering the property of any particular project as additional security for the bondholders of such project. 9. 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 the State of Georgia. 10. To do all things necessary or convenient to carry out the powers expressly conferred by this amendment. 11. To adopt, alter or repeal its own bylaws, rules and regulations governing the manner in which its business may be transacted and in which the power granted to it may be enjoyed, as the Authority may deem necessary or expedient in facilitating its business. G. In addition to the purposes for which Revenue Bonds are now permitted by this Constitution to be issued, the Authority, in order to carry out public purposes of this amendment, is hereby authorized to issue Revenue Bonds bearing rate or rates of interest, not exceeding eight per cent (8%) per annum, 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 heretofore or hereafter amended, Ga. Code Ann. Supp. Chapter 87-8, as if said obligations had been originally authorized to be issued thereunder; provided, however, that any property, real or personal, of the Authority may be pledged, mortgaged, conveyed, assigned, hypothecated or otherwise encumbered as security for any lawful debt of the Authority. The Authority may execute any trust agreement or indenture not in conflict with the provisions

Page 1645

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 terms or condition under which such bonds are issued. Bonds. H. The Authority is hereby specifically authorized to purchase or otherwise acquire land and to improve and develop same as to make said land more desirable for industrial purposes. Such land acquisition and development may be undertaken by the Authority at any time whether or not there is at such time a prospective industry considering the purchase or lease of an industrial site in Chattahoochee County. Such land and improvements may be held by the Authority for any length of time it deems desirable, but any sale, lease or other disposition of same when made, shall be subject to the provisions of paragraph J hereof. Property. I. No moneys derived by the Authority from any source other than gifts and contributions from private individuals, firms or corporations shall at any time be used for entertainment, or other promotional expenses. Gifts, etc. J. All projects of the Authority shall be on a self-liquidating basis, and the Authority shall not make gifts, directly or indirectly, to any person, firm or corporation. Projects. 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 Chattahoochee County subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property at that time. Property. L. All lands and improvements and personal property, the title to which is vested in the Authority, and all debentures, notes, bonds, and revenue anticipation certificates issued by the Authority shall be exempt from State and local taxation. The exemption from taxation herein provided shall not include the exemption from sales and use

Page 1646

taxes on property purchased by the Authority or for use by the Authority. Same. M. 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 Chattahoochee. Debts. N. The books and records of the Authority shall be audited at least annually, at the expense of the Authority, by a competent auditor. The Authority shall furnish copies of said audit to Chattahoochee County, and shall publish same one time in all newspapers printed in Chattahoochee County. Audits. O. This amendment, being for the purpose of developing and promoting the public good and welfare of the County of Chattahoochee and its inhabitants, shall be liberally construed to effect the purposes hereof. Intent. P. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare industry and trade within the County of Chattahoochee and reducing unemployment to the greatest extent possible, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of these purposes. Purpose. Q. 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 same, and may likewise further regulate the management and conduct of the Authority, provided, however, nothing herein shall be construed so as to authorize the General Assembly to provide by law that the governing authority of Chattahoochee County may levy an ad valorem tax to carry out the purposes of this amendment. 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

Page 1647

proposed 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 Chattahoochee 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. Approved April 9, 1968. STEWART COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 213 (House Resolution No. 476-1020). A Resolution. Proposing an amendment to the Constitution so as to create the Stewart County Industrial Development Authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

Page 1648

Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section VII, Paragraph V of the Constitution is hereby amended by adding at the end thereof the following: A. There is hereby created a body corporate and politic to be known as the `Stewart County Industrial Development 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 said body may contract and be contracted with, sue and be sued, plead and be impleaded, and complain and defend in all courts of law and equity. Created. B. The Authority shall be composed of eight members, three of whom shall be appointed by the governing authority of Stewart County, two of whom shall be appointed by the Mayor of the City of Lumpkin, two of whom shall be appointed by the Mayor of the City of Richland, and one of whom shall be apointed by the Mayor of the City of Omaha. The three members appointed by the governing authority of Stewart County shall be appointed for initial terms of two, three, and five years as specified by said governing authority. The two members appointed by the Mayor of Lumpkin shall be appointed for initial terms of one and four years as specified by said Mayor. The two members appointed by the Mayor of Richland shall be appointed for initial terms of two and three years as specified by said Mayor. The members appointed by the Mayor of Omaha shall be appointed for an initial term of four years. The first members appointed as provided herein shall take office on January 1, 1969. Thereafter successors shall be appointed, upon the expiration of the initial terms, by the appointing authority for terms of five years so that the terms shall remain staggered. In the event a vacancy occurs on the Authority, for any reason, the appointing authority shall appoint a member to serve the unexpired term. The Authority is hereby empowered to elect its own chairman, vice chairman and secretary from its membership. No member of the governing authority of Stewart County, the governing authority of the City of

Page 1649

Lumpkin, the governing authority of the City of Richland, and the governing authority of the City of Omaha shall be eligible to serve as a member of said Authority and only residents of Stewart County shall be eligible for membership on the Authority. The members of the Authority shall receive no compensation for their service on the Authority. Members, etc. C. As used in this amendment, 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 Stewart County Industrial Development Authority. 2. The word `project' shall be deemed to mean and include the acquisition of lands, properties and improvements for development, expansion and promotion of jobs and payrolls in industry, commerce, agriculture, and natural resources; the construction of buildings and plants or the acquisition of equipment for the purpose of selling, leasing or renting such structures or equipment to private persons, firms or corporations. 3. The term `cost of project' shall embrace the cost of construction, the cost of all lands, properties, easements, rights and franchises acquired, the cost of machinery and equipment, financing charges, interest prior to and during construction and for one year after completion of construction, cost of engineering, 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 expense be considered a part of the cost of any project. The funds the Authority may borrow and the interest paid thereon, for interim or temporary financing for any of the above named items for the use of a designated project, pending the issue and validation of revenue anticipation

Page 1650

bonds for such project, shall be considered a `cost of project' which may be paid or repaid from the proceeds of the revenue anticipation bonds authorized herein in paragraph G. D. The County of Stewart is expressly authorized to enter into contracts with the Authority as a public corporation. Contracts. E. Any five (5) members shall constitute a quorum for the transaction of the ordinary business of the Authority; however, any action with respect to any project of the Authority must be approved by not less than five (5) affirmative votes. Quorums. F. The Authority shall have powers: 1. To have a seal and alter the same at pleasure. 2. To acquire, hold, and dispose of personal property, including the stock of other corporations, for its corporate purposes. 3. To enter into contracts for periods of time not in excess of fifty (50) years. Powers. 4. 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 liens or easements therein or franchises necessary or convenient for its corporate purposes, and to use the same, and to lease or make contracts with respect to the use of same or to dispose of same in any manner the Authority deems to its best advantage. If the Authority shall deem it expedient to construct any project or use any project already constructed on lands, the title to which shall then be in the County of Stewart, the governing authority of Stewart County is authorized in its discretion to convey title to such lands, including any improvements thereon, to the Authority. 5. To appoint and select officers, agents, and employees, including engineers, architects, builders, and attorneys, and to fix their compensation.

Page 1651

6. To make contracts, and to execute all instruments necessary or convenient, including contracts for construction or projects and leases and rental and sale of projects, or contracts with respect to the use of projects, which it erects or acquires. 7. To construct, erect, acquire, own, repair, remodel, maintain, extend, improve, sell, equip, expand and to operate and manage projects and to pay the cost of any such project from the proceeds of revenue anticipation certificates or bonds or any other income of the Authority, or from any contribution or loans by persons, firms, or corporations, all of which the Authority is hereby authorized to receive and accept and use. 8. To borrow money for any of its corporate purposes and to execute notes, mortgages, deeds to secure debt, trust deeds and such other instruments as may be necessary or convenient to evidence and secure such borrowing. It is specifically provided that in addition to the pledge of revenue from any project for the payment of revenue anticipation bonds and for the benefit of the bondholders, the Authority is authorized to execute mortgages, deeds to secure debts, trust deeds and such other instruments as may be necessary or convenient covering the property of any particular project as additional security for the bondholders of such project. 9. 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 the State of Georgia. 10. To do all things necessary or convenient to carry out the powers expressly conferred by this amendment. 11. To adopt, alter or repeal its own bylaws, rules and regulations governing the manner in which its business may be transacted and in which the power granted to it may be enjoyed, as the Authority may deem necessary or expedient in facilitating its business. G. In addition to the purposes for which Revenue Bonds are now permitted by this Constitution to be issued,

Page 1652

the Authority, in order to carry out public purposes of this amendment, is hereby authorized to issue Revenue Bonds bearing rate or rates of interest, not exceeding eight per cent (8%) per annum, 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 heretofore or hereafter 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 terms or condition under which such bonds are issued. Bonds. H. The Authority is hereby specifically authorized to purchase or otherwise acquire land and to improve and develop same so as to make said land more desirable for industrial purposes. Such land acquisition and development may be undertaken by the Authority at any time whether or not there is at such time a prospective industry considering the purchase or lease of an industrial site in Stewart County. Such land and improvements may be held by the Authority for any length of time it deems desirable, but any sale, lease or other disposition of same when made, shall be subject to the provisions of Paragraph J. hereof. Property. I. No moneys derived by the Authority from any source other than gifts and contributions from private individuals, firms or corporations shall at any time be used for entertainment or other promotional expenses. Gifts, etc. J. All projects of the Authority shall be on a self-liquidating basis, and the Authority shall not make gifts, directly or indirectly, to any person, firm or corporation. Projects.

Page 1653

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 Stewart County subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property at that time. Property. L. All lands and improvements and personal property, the title to which is vested in the Authority, and all debentures, notes, bonds, and revenue anticipation certificates issued by the Authority shall be exempt from State and local taxation. The exemption from taxation herein provided shall not include the exemption from sales and use taxes on property purchased by the Authority or for use by the Authority. Taxes. M. 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 Stewart. Debts. N. The books and records of the Authority shall be audited at least annually, at the expense of the Authority, by a competent auditor. The Authority shall furnish copies of said audit to Stewart County, and shall publish same one time in all newspapers printed in Stewart County. Audits. O. This amendment, being for the purpose of developing and promoting the public good and the welfare of the County of Stewart and its inhabitants, shall be liberally construed to effect the purposes hereof. Intent. P. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare industry and trade within the County of Stewart and reducing unemployment to the greatest extent possible, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of these purposes. Purpose. Q. 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 same,

Page 1654

and may likewise further regulate the management and conduct of the Authority; provided, however, nothing herein shall be construed so as to authorize the General Assembly to provide by law that the governing authority of Stewart County may levy an ad valorem tax to carry out the purposes of this amendment. 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 Stewart 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 note 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 April 9, 1968.

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MUSCOGEE COUNTY AIRPORT COMMISSION. Proposed Amendment to the Constitution. No. 215 (House Resolution No. 487-1050). A Resolution. Proposing an amendment to the Constitution, so as to provide for the creation of the Muscogee County Airport Commission as a constitutional commission; to provide for the use of funds received by said commission; to provide for the hiring and firing of employees and the fixing of compensation of employees, and expressly conferring upon them the exclusive right to manage the properties and improvements and the operation of the same; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Paragraph I, Section VI, Article V of the Constitution of the State of Georgia is hereby amended by adding at the end thereof the following: There is hereby created for the County of Muscogee, the Muscogee County Airport Commission, whose duties it shall be to administer the improvements, maintenance and operation of the Muscogee County Airport. Created. Said Airport Commission shall consist of five (5) members appointed by the Board of Commissioners of Muscogee County. The first appointed members shall serve for a term of 1, 2, 3, 4, and 5 years, respectively, and all subsequent appointees, appointed annually at the termination of the above terms, shall serve for five (5) years. All members of the Airport Commission shall be eligible to succeed themselves. All members appointed after the first five members are named must first be recommended for appointment by the Airport Commission to the Board of Commissioners. In the event the Board of Commissioners shall refuse to name said appointee named by the Airport Commission, the Airport Commission shall recommend

Page 1656

another name or names and continue to recommend a name or names until some nominee is approved by the Board of Commissioners of Muscogee County. All nominations for members of the Airport Commission are to be submitted to the Board of Commissioners not later than the last meeting of the Board of Commissioners prior to the date appointments on the Airport Commission expire so that said Board of Commissioners then in office shall have sufficient time to act upon said recommended nomination. Whenever a vacancy occurs on said body, it shall become the duty of the remaining members of said Commission at a meeting to select a person to be recommended to the Board of Commissioners of Muscogee County for appointment to fill said vacancy. Members, etc. Said commission is authorized to enter into contracts for the rental of buildings, land, office space, equipment and any other property now owned by Muscogee County located at or on said airport property, to adopt rules and regulations for the operation of said Commission and said airport, to receive all revenues from the sale or lease of any properties used in connection with said airport, rentals, fees, grants, and contributions and to make payment out of said funds for all necessary expenses, salaries, improvements, etc.; to hire and discharge all employees necessary to fulfill the duties of said Commission and to fix the salaries and compensations, and to have exclusive control, custody and direction of all lands, properties, and improvements fixed in them by the Board of Commissioners and to have general direction of the same. Powers. Said Commission shall not later than October 15 of each year furnish to the Board of Commissioners a detailed statement of their operations for the year, and their budget for the following year showing anticipated revenues and anticipated expenditures, which shall be filed with the Clerk of Commissioners, and to return to the county treasury all funds that would not be expended by the end of the year or which have not already been contracted for or set aside to match Federal or State funds or for the payment of debts which have been made but have not yet matured. Budget, etc.

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Muscogee County is directed to pay to said Muscogee County Airport Commission each quarter commencing the first day of the fiscal year of the county and every three (3) months thereafter a sum sufficient to amplify the difference between the estimated revenue as against anticipated expenditures for that year as fixed in the budget of the Airport Commission filed with the County Commission by October 15, so that said sums contributed by the County shall together with the anticipated revenues fixed by the Airport Commission aggregate the amount fixed by said Airport Commission as the anticipated expenditures for the ensuing year. Any sums unexpended and unpledged and unused at the end of each year are to be returned to the County, provided, however, that the County shall in no case be required to contribute and pay to said Muscogee County Airport Commission, to amplify their anticipated revenues, more than the sum of $40,000.00 a year. In the event said Airport Commission fixes more than said sum as the share to be contributed by the County, the County shall not be obliged to pay said additional sum in excess of $40,000.00, unless they approve of said additional amount. Funds. Said Airport Commission shall have the right to acquire, own, lease, and to hold title to its own name to all lands and improvements now owned by Muscogee County for airport purposes, and to convey, sell and lease lands and improvements acquired by said Airport Commission, and the right, title, equity and interest to all lands and improvements now used or which may hereafter be used or acquired whether within or without the limits of Muscogee County are hereby vested in the Muscogee County Airport Commission and their successors. Said ownership is to include the approaches, runways, easements, hereditaments and appurtenances thereto applying and belonging in said lands and in any other lands or improvements which may hereafter be acquired for airport use by Muscogee County is vested in said Airport Commission, provided, however, that no sales or conveyances or agreements for the lease, grant, or sale of any of the properties acquired for airport purposes shall be made by the Airport Commission until said proposed sale

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or conveyance has been approved by the Board of Commissioners of Muscogee County, and further provided that any and all agreements or contracts for the expenditures of any sums in excess of $1,000.00 for any single project or purchase or undertaking shall be approved by the Board of Commissioners. Powers. Said Muscogee County Airport Commission is hereby declared to be a body corporate and politic and as such is granted the right to sued and to be sued in its own name and to exercise such powers which are customary, pertinent and usual with respect to public corporate bodies generally. Said Airport Commission is given the right to apply for and receive Federal funds for any of the purposes provided for under the Federal Airport Act or any other similar Federal Acts and to enter into any agreements with the Federal Government, particularly grant agreements necessary under the provisions of said Act in order to become the recipient of Federal aid, under such terms and conditions as might be required by the federal government under grant or aid agreements, and also the right under like conditions to receive State aid or grants under such conditions as the State Government might prescribe, and shall also have the right to receive contributions from any other source, provided that the Airport Commission shall not match any funds for any purpose from any agency without the consent of the Board of Commissioners of Muscogee County. The property of said Airport Commission is hereby declared to be public property and free from the imposition of taxes of any kind. Any exemption from taxation herein provided shall not include exemptions from sale and use taxes. Taxation. Employees of the Airport Commission shall be eligible to receive the benefits of any present or future pension plan of Muscogee County, and any life insurance, hospitalization or other employee benefits in effect, now or in the future, by Muscogee County or any successor form of government,

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except that for Airport employees any matching contribution to said plan or benefit shall be made by the Airport Commission. Employees. This amendment shall be self-executing upon its ratification, but the General Assembly may by law further define and prescribe the powers and duties of the Airport Commission and the exercise thereof, and may enlarge and restrict the same, and may likewise further regulate the management and conduct of the Airport Commission. Effective date. This Amendment shall become effective in Muscogee County upon the appointment by the Board of Commissioners of Roads and Revenues of the members of the Muscogee County Airport Commission, but said Board of Commissioners shall not be under compulsion to appoint said members at any time, the use of said Airport Commission to operate an airport or airports in Muscogee County or its environs being elective and not compulsory upon said Board of Commissioners. Same. This amendment is adopted and the Airport Commission is created for the purpose of promoting and expanding for the public good and welfare, industry and trade within Muscogee County and its environs, and reducing unemployment to the greatest extent possible, and this amendment and any law enacted with reference to the Airport Commission shall be liberally construed for the accomplishment of these purposes. Intent. In addition to the purposes for which revenue bonds may be issued as provided in Article VII, Section VII, Paragraph V, of this Constitution, the Airport Commission, in order to finance any undertaking within the scope of its power or to refund any bonds then outstanding, is hereby authorized to issue bonds, bearing rate or rates of interest and maturing at the years and amounts determined by the Airport Commission 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. Chapters 87-8, as if said obligations had been originally authorized to be

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issued thereunder; provided, however, that any property, real or personal, of the Airport Commission may be pledged, mortgaged, conveyed, assigned, hypothecated or otherwise encumbered as security for any lawful debt of the Airport Commission. The Airport Commission 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 Airport Commission 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 Muscogee County to pay any such bonds or the interest thereon, nor to enforce payment thereof against any property of Muscogee County. Bonds. No revenue bonds except refunding bonds shall be issued hereunder unless the Airport Commission shall have found and declared that the undertaking will increase employment in Muscogee County and its environs, and the Lessee or Purchaser of the building or buildings involved will not by virtue of establishing operations in Muscogee County, reduce the number of employees employed by said Lessee or Purchaser elsewhere in the State of Georgia. Same. Should said Airport Commission for any reason be dissolved, title to all of the property of any kind and nature, real and personal, held by the Airport Commission at the time of such dissolution, shall revert to Muscogee County, subject to any mortgages, liens, leases, or other encumbrances outstanding against or in respect to said property at that time. Property. This amendment shall be effective immediately upon proclamation of its ratification by the Governor. Effective date. In the event any section, sub-section, sentence, clause or phrase of this amendment shall be declared and adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, sub-sections, sentences,

Page 1661

clauses or phrases of this amendment, which shall remain in full force and effect, as if the section, sub-section, sentence, clause or phrase so declared or adjudged invalid or unconstitutional was originally a part hereof. Severability. All laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds ([unk]) of the members elected to each of the two (2) branches of the General Assembly, and the same have been entered on their journals with the Ayes and Nays taken thereon, said proposed 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 Muscogee County Airport Commission? 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 April 9, 1968.

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TATTNALL COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 216 (House Resolution No. 484-1037). A Resolution. Proposing an amendment to the Constitution, so as to create the Tattnall 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 to be known as the Tattnall County Industrial Development Authority which shall be determined to be an instrumentality of the State of Georgia and a possible corporation. Created. B. The authority is created for the purpose of expanding and developing industry in Tattnall County and for improving the general welfare of said county. Purpose. C. The authority shall consist of Five (5) members appointed by the governing authority of Tattnall County. Initially, the Five (5) members of the authority shall be appointed with the following terms: Members, etc. One member for one year, one member for two years, one member for three years, and one member for four years and one member for five years, and until their successors are appointed and qualified. Thereafter upon the expiration of the terms of such members, their successors shall be appointed for terms of Five (5) years each and

Page 1663

until their successors are appointed and qualified. All members who have served on said Authority shall be eligible for reappointment to succeed themselves if they are reappointed by said governing Authority designated by this Act to appoint them. Members of the Authority shall be citizens of the United States who have attained the age of Twenty-one (21) years, and who shall have been citizens of this State for Two (2) years, and for One year a resident of Tattnall County immediately preceding his appointment as a member of the Authority. Should any member resign, be unable to serve or move beyond the territorial limits of Tattnall County as it is now situated or may be hereafter situated, or should there be a vacancy for any reason, the successor shall be appointed to serve the remaining term of such member by the Governing Authority of Tattnall County. Prior to taking office the members shall subscribe to the following oath, to wit: I do solemnly swear that I will fully and fairly perform the duties as a member of the Tattnall County Development Authority, So Help Me God. The members of said Authority shall be entitled to no compensation. Any Three (3) members shall constitute a quorum for the transaction of ordinary business of the Authority; however, any action with respect to any project of the Authority must be approved by not less than Three (3) affirmative votes. No vacancy shall impair the power of Authority to act. 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 Tattnall 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 promoting 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.

Page 1664

(3) The term cost of project shall embrace the cost of construction, cost of lands, properties, easements, rights and franchises acquired, the cost of machinery and equipment, financing charges, interest prior to and during construction, architectural and legal expenses, and plans and specifications and other expenses necessary or incident to determining the feasibility or practicability of the project, administrative expenses, and such other expenses as may be necessary or incident to the financing herein authorized, the construction of any project and placing the same in operation; provided, however, that in no event shall entertainment or promotional expenses be considered a part of the cost of any project. (4) The term governing authority shall mean the Board of Commissioners of Roads and Revenue of Tattnall County, their successors or other authority that may hereafter be provided for the administration of affairs of Tattnall County. E. The Authority is created by this Act for the purposes 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. Purpose. F. In addition to the purposes for which revenue anticipation obligations may be issued by counties, municipal corporations and political subdivisions as provided in said Article VII, Section VII, Paragraph V of the Constitution of the State of Georgia, Tattnall County Development Authority, herein created, be and is hereby authorized to issue revenue obligations to provide funds to be used by said Authority in 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 the territorial limits of Tattnall County, as herein provided. Said purposes are hereby found, determined and

Page 1665

declared to be for the benefit of the citizens and residents of said County and to be an essential governmental function in providing vocational education, relieving unemployment, improving the economy, limiting poor relief assistance, developing natural resources and otherwise promoting the general welfare. Bonds. G. The Authority shall not be operated for profit, is an institution of purely public charity, and is an industrial development agency qualified to receive loans and other assistance from the Industrial Development Commission of the State of Georgia, or other governmental agencies. Loans, etc. H. In carrying out the foregoing objectives, the Authority shall be deemed to be engaging in such functions of government, activities and transactions as the County of Tattnall is by law authorized to undertake. Intent. I. Tattnall County, by and through its Governing Authority, shall be and is hereby authorized and empowered to contract with the Authority as a public corporation as provided by the Constitution and laws of the State of Georgia. Contracts. J. Tattnall County, by and through its Governing Authority, is authorized and empowered to lexy a tax on all taxable property therein not to exceed One (1) mill for the purpose of securing a fund to be set aside, transferred to and used by said Authority for the general purposes of the Authority as herein prescribed. Funds. K. The powers of the Authority herein created shall include, but are not limited to, the power, for its corporate purposes. Powers. (1) To have a corporate seal and alter the same at pleasure. (2) To contract and be contracted with, sue and be sued, implead or be impleaded, and complain and defend in all courts of law and equity, to contract with the State of Georgia and any instrumentality thereof, any county

Page 1666

or municipality thereof, and any other political subdivisions, and with private persons, firms, corporations, and associations. (3) To receive and administer gifts, grants and donations and to administer trust. (4) To buy, acquire, receive as gifts, own, improve, expand, develop, operate, maintain, sell, donate, lease as lessor or lessee, mortgage, pledge, convey to secure debt, and/or otherwise encumber or dispose of land, buildings, equipment, furnishings, or property of all kinds, real and/or personal, within Tattnall County, Georgia, and to make a contract or contracts or to execute any instrument or document for the accomplishment thereof, or other purposes. (5) To make contracts, and to execute any and all instruments necessary or convenient to, or in aid of, the accomplishment of any of the purposes of said Authority, and/or the exercise of any power or powers of said Authority. (6) To enter into any contract or contracts for any period of time not exceeding Thirty (30) years. (7) To appoint and select officers, agents, and employees, including engineering, architectural and construction experts, fiscal agents and attorneys, and to fix their compensation. (8) To construct, erect, buy, receive as a gift, acquire, own, repair, remodel, maintain, equip, furnish, extend, expand, develop, improve, donate, sell, lease as lessor, lessee, equip, add to, operate and manage projects and to pay the costs of any such project from any income of the Authority, from the proceeds of revenue bonds issued and sold by the Authority or others, from any taxes levied for the purpose by the State of Georgia, Tattnall County, or any of the municipalities therein, or from any contributions or loans by political subdivisions or instrumentalities, persons, firms, or corporations, all of which the

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Authority is hereby authorized to receive and accept and use. (9) To elect its own officers from the membership of the Authority; to elect and employ an executive director who is not required to be a member of the Authority; and to authorize and empower such officers to act for the Authority generally or in any specific matter. (10) To borrow money and to execute debentures, bonds, notes, mortgages, deeds or bills of sale to secure debt, trust deeds and/or other such instruments as may be necessary or convenient to evidence and secure such borrowing. (11) To issue and sell revenue bonds for the purpose of raising funds for the payment, in whole or in part, of the cost of any project of the Authority; to secure the payment of the obligations of such bonds by, but not limited to, selling, conveying, mortgaging, pledging and/or assigning any or all of its funds, income and/or property; and to exercise all the rights, powers and privileges, and to be subject to all the duties and liabilities, which a municipality may exercise or be subject to under the provisions of the Revenue Bond Law (Ga. L. 1937, p. 761), as the same is now, or may hereafter be amended. The rights, powers and privileges of the Authority are not limited to those of such a municipality, however. (12) To receive and use public funds made available to it, the rents, profits and proceeds from the projects erected, leased or sold, and other funds and income of the Authority, to provide for the operation and maintenance of such projects or other projects, to discharge the principal, interest and expenses of bonds, revenue bonds, and notes issued by the Authority, to pay other debts of the Authority, and to further and promote the objectives of the Authority. (13) To exercise any power granted by the laws of the State of Georgia to public corporations or authorities performing similar functions.

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(14) To accumulate its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested. (15) To adopt, alter, amend and/or repeal its own by-laws, rules and regulations governing the manner in which its business may be transacted and in which the powers granted to it may be enjoyed, as the Authority may deem necessary or expedient in facilitating its business. (16) To do all things necessary and convenient to carry out the powers expressly conferred by this Act upon the Authority. L. The acquisition, construction, improvement, betterment, expansion or extension of any undertaking or project of the Authority, and the issuance in anticipation of the collection of revenues of such undertaking or project, of bonds to provide funds to pay the whole or a part of the costs thereof, may be authorized by resolution or resolutions of the Authority which may be adopted at a regular or special meeting by a majority of the members of the Authority. Unless otherwise provided therein, such resolution or resolutions shall take effect immediately and need not be laid over or published or posted. The Authority in determining the cost of any undertaking or project for which the revenue bonds are to be issued may include all costs as hereinbefore defined. Such bonds shall bear such date or dates, mature at such time or times, not exceeding thirty (30) years from their respective dates, bear interest at such rate or rates not exceeding seven (7%) Per Cent per annum, and may be in such denominations and may carry such registration privileges and be subject to redemption and may contain such terms, covenants, assignments and conditions as the resolution or resolutions authorizing the issuance of such bonds may provide. Except as herein provided to the contrary, such bonds shall be issued and validated in the Superior Court of Tattnall County, Georgia, in the same manner as revenue bonds of municipalities are issued and validated under the Revenue Bond Law (Ga. L. 1937, p. 761), as the same is now

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or may hereafter be amended. In the proceedings to validate such bonds, the County of Tattnall and the Tattnall County Development Authority shall be named as party defendant. In event no bill of exceptions is filed within the time prescribed by law, or if filed, the judgment validating the bonds shall be affirmed by the Supreme Court of Georgia, such judgment shall be forever conclusive as to the validity of said bonds and the security therefor against said Authority. Projects, bonds. M. All property, real and personal, the title of which is vested in the Authority, and all debentures, notes, bonds and revenue bonds and certificates issued by the Authority, and interest thereon and income therefrom, shall be exempt from State, county, city and other local taxation for any purpose. All such property shall be exempt from any and all federal taxation, if and when so provided by the Constitution, laws, rules, regulations and mandates of the United States or any of its various bureaus, agencies or other entity by whatever name called. The exemption from taxation herein provided shall not extend to tenants or lessees of the Authority. The exemption from taxation herein provided shall not include the exemption from sales and use taxes on property purchased by the Authority or for use by the Authority. Taxes. N. It shall be the duty of the Authority to have all persons handling funds of the Authority fully and adequately bonded for their faithful accounting for such bonds. Bonds of employees. O. The Authority shall not be authorized to create in any manner any debt, liability or obligations, against the State of Georgia, Tattnall County, or any municipality therein. No debt, liability or obligation of the Authority shall be considered a pledge or loan of the credit of the State of Georgia, or any county, city or other subdivision thereof. Debts. P. If the Authority shall deem it expedient to construct any project or use any project already constructed on lands, the title to which shall be in the County of Tattnall

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and/or any incorporated city or town in said county, the Governing Authorities of the County of Tattnall and of said municipalities, respectively, are authorized in their discretion to convey title to such lands, including any improvements thereon, without cost, to the Authority. Said county and/or said municipalities may donate to said Authority, real estate, personal property and services for any such property. Any such land, improvements, or personal property so conveyed or donated to the Authority may be mortgaged, conveyed, or pledged to secure obligations of the Authority. Projects. Q. 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, unless the Authority for any reason is dissolved. Then in that event, the funds and property of the Authority shall be conveyed as hereinafter provided. Purpose. R. Should said Authority for any reason be dissolved, title to all property of every kind and nature, real and personal, held by the Authority at the time of such dissolution, shall be conveyed to Tattnall County subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property. No private interest shall exist in the property of the Authority. The Authority shall hold title only for the benefit of the public. Property. S. The books and records of the Authority shall be audited at least annually, at the expense of the Authority, by a competent independent auditor; and the minutes and records of the same shall be filed with the clerk of the board of commissioners of roads and revenues of said county, and shall be available for public inspection. Audits. T. The Authority shall exist and have all of said powers, and the right to exercise the same for its corporate purposes, regardless of whether or not it shall issue revenue anticipation obligations hereunder. Powers. U. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid

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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 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, 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 Tattnall 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. Approved April 9, 1968.

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CALHOUN COUNTY DEVELOPMENT AUTHORITY Proposed Amendment to the Constitution. No. 217 (House Resolution No. 485-1050). A Resolution. Proposing an amendment to the Constitution so as to create the Calhoun 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. The Constitution of this State is hereby amended by adding at the end of Article VII, Section VII, Paragraph V, the following: A. There is hereby created a body corporate and politic in Calhoun County to be known as the `Calhoun County Industrial Development Authority', hereinafter referred to as the `Authority', which shall be an instrumentality of Calhoun County and a public corporation. Created. B. The Authority shall consist of the Commissioners of Roads and Revenues of Calhoun County by virtue of their holding said elective offices. Two additional members of the Authority shall be appointed by a majority of the Commissioners of Roads and Revenues of Calhoun County. They shall be appointed for initial terms of two and four years, respectively, and until their successors are appointed and qualified; thereafter, their successors shall be appointed for terms of four years and until their successors are appointed and qualified. A majority of the members shall constitute a quorum and a majority may act for the Authority in any manner. No vacancy shall impair the power of the Authority to act. Members, etc. C. The property, obligations and the interest on the obligations of the Authority shall have the same immunity

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from taxation as the property, obligations and interest on the obligations of Calhoun County. The exemption from taxation herein provided shall not include the exemption 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 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 Calhoun 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 Calhoun 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 Calhoun 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 Calhoun 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 Calhoun 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 or building under construction and the remodeling, renovating, reconstructing, completing of construction, 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; E. The Authority shall not be authorized to create in any manner any debt, liability or obligation against the State of Georgia or Calhoun 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 and contract liability. G. The members of the Authority shall receive no compensation for their services of the Authority. Compensation. H. In addition to the purposes for which Revenue Bonds are now permitted by this Constitution to be issued, the Authority, with the consent of the Board of Commissioners of Roads and Revenues of Calhoun County, to carry out public purposes of this amendment is hereby authorized to issue Revenue Bonds bearing rate or rates of interest not to exceed 8% 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 heretofore or hereafter 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

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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. 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 for the public good and welfare of Calhoun County and its citizens, industry, agriculture and trade within the County of Calhoun, and making long-range plans for such development and expansion and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of this purpose. 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 Calhoun County, and the scope of its operations shall be limited to the territory embraced within Calhoun County. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond the limits of Calhoun County. General Assembly. M. There shall be no limitations upon the amount of debt which the Authority may incur, but no debt created by the Authority shall be debt of Calhoun County or the State. Debts.

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N. In the event any section, subsection, sentence, clause or phrase of this amendment 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 amendment, 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. 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 Calhoun 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. Approved April 9, 1968.

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CITY OF MARIETTAHOMESTEAD EXEMPTIONS. Proposed Amendment to the Constitution. No. 219 (House Resolution No. 501-1090). A Resolution. Proposing a constitutional amendment so as to provide that residents of the City of Marietta who are 62 years of age or over, or who are totally disabled, and who have an income from all sources, including the income of certain members of the family, not exceeding $5,000.00 per annum, shall be granted a homestead exemption of $2,000.00 from ad valorem taxation by said city; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following: Any other provisions of this Constitution to the contrary notwithstanding, each resident of the City of Marietta who is sixty-two years of age or over and who does not have an income from all sources, including the income of all members of the family living in the home of said residents, exceeding $5,000.00 per annum, and each resident of the City of Marietta who is totally disabled and who does not have an income from all sources, including the income of all members of the family living in the home of said resident, exceeding $5,000.00 per annum, is hereby granted an exemption of $2,000.00 on his homestead from all ad valorem taxation by the City of Marietta as long as any such resident of the City of Marietta actually occupies said homestead as his residence. Provided, however, under this provision, there shall be no more than one (1) $2,000.00 exemption per homestead. The value of the homestead in excess of the above exempted amount shall remain subject to ad valorem taxation by the City of

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Marietta. Any such resident shall not receive the benefits of such homestead exemption unless he files an affidavit with the governing authority of the City of Marietta, or with a person designated by the governing authority of the City of Marietta, giving his age and the amount of income which he receives and the income which members of his family living in his home receive and such additional information relative to receiving the benefits of such exemption as will enable the governing authority of the City of Marietta, or the person designated by the governing authority of the City of Marietta, to make a determination as to whether such owner is entitled to such exemption. The governing authority of the City of Marietta, or the person designated by the said governing authority, shall provide affidavit forms for this purpose. The exemption provided for herein shall apply to all taxable years beginning after 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 proposed 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 residents of the City of Marietta who are 62 years of age or over, or who are totally disabled, and who have an income from all sources, including the income of certain members of the family, not exceeding $5,000.00 per annum, shall be granted a homestead exemption of $2,000.00 from ad valorem taxation by said City? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring

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to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon. Approved April 9, 1968. BRYAN COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 220 (House Resolution No. 504-1093). A Resolution. Proposing an amendment to the Constitution so as to create the Bryan County Industrial Development Authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section VII, Paragraph V of the Constitution is hereby amended by adding at the end thereof the following: A. There is hereby created a body corporate and politic to be known as the `Bryan County Industrial Development 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 said body may contract and be contracted with, sue and be sued, plead and be impleaded,

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and complain and defend in all courts of law and equity. Created. B. The Authority shall be composed of seven members, one of whom shall be the member of the House of Representatives of Georgia whose Representative District includes Bryan County, and six of whom shall be residents of Bryan County appointed by the governing authority of Bryan County and said member of the House of Representatives of Georgia. The first members of the Authority shall take office on January 1, 1969. The members of the Authority shall serve for terms of office concurrent with the terms of office of the members of the governing authority of Bryan County, except the member of the House of Representatives who is a member of said Authority shall serve for a term concurrent with his term in the house of Representatives and shall serve from term to term as long as he remains a member of the House of Representatives. In the event vacancy occurs in the membership of the Authority by death, resignation or otherwise, the appointing authority shall fill the same, but in the event the vacancy occurs in the member's office who is a member of the House of Representatives, then his successor in office shall fill such vacancy. Before assuming their duties of office, each member shall take an oath before an officer duly authorized to administer oaths that he will truly and faithfully perform the duties of a member of the Authority. Members, etc. C. As used in this amendment 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 Bryan County Industrial Development Authority. Definitions. (2) The word `project' shall be deemed to mean and include the acquisition of lands, properties and improvements for development, expansion and promotion of industry, commerce, agriculture, natural resources and vocational training; the construction of buildings and plans for the purpose of selling, leasing or renting such structures to private persons, firms or corporations.

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(3) The term `cost of project' shall embrace the cost of construction, the cost of all lands, properties, easements, rights and franchises acquired, the cost of machinery and equipment, financing charges, interest prior to and during construction and for one year after completion of construction, cost of engineering, architectural and legal expenses, and plans and specifications and other expenses necessary or incident to determining the feasability 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. D. Bryan County is hereby expressly authorized to enter into contracts with the Authority as a public corporation. Contracts. E. A majority of members of the Authority shall constitute a quorum for the transaction of the ordinary business of the Authority, but any action with respect to any project of the Authority shall be approved by not less than a majority vote of the total membership of the Authority. Quorum, etc. F. The Authority shall have the following powers: (1) To have a seal and alter the same at pleasure. (2) To acquire, hold and dispose of personal property, including the stock of other corporations, for its corporate purposes. Powers. (3) To enter into contracts with Bryan County. (4) 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 liens or easements therein or franchises necessary or convenient for its corporate purposes, and to use the same, and to lease or make contracts with respect to the use of or dispose of same in any manner the Authority deems to its best advantage. If the Authority shall deem it expedient to construct any project or use any

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project already constructed on lands, the title to which shall then be in Bryan County, the governing authority of Bryan County is hereby authorized, in its discretion, to convey title to such lands, including any improvements thereon, to the Authority. (5) To appoint and select officers, agents, and employees including engineers, architects, builders, and attorneys, and to fix their compensation. (6) To make contracts, and to execute all instruments necessary or convenient, including contracts for construction of projects and leases and rentals and sale of project, or contracts with respect to the use of projects which it erects or acquires. (7) To construct, erect, acquire, own, repair, remodel, maintain, extend, improve, equip, operate and manage projects, self-liquidating or otherwise, located on property owned or leased by the Authority, and to pay the cost of any such project from the proceeds of revenue-anticipation certificates of the Authority or from any grant from the County of Bryan, or from any contribution or loans by persons, firms or corporations, all of which the Authority is hereby authorized to receive and accept and use. (8) To borrow money for any of its corporate purposes and to execute notes, mortgages, deeds to secure debt, trust deeds and such other instruments as may be necessary or convenient to evidence and secure such borrowing. The Authority shall further have the power to borrow money from any agency, department, commission, bureau or institution of the State of Georgia or of the United States. (9) 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 the State of Georgia.

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(10) To do all things necessary or convenient to carry out the powers expressly conferred by this Act. (11) To adopt, alter or repeal its own bylaws, rules and regulations governing the manner in which its business may be transacted and in which the power granted to it may be enjoyed, as the Authority may deem necessary or expedient in facilitating its business. (12) To issue revenue anticipation certificates for the purpose of paying all or any part of the cost of any project of the Authority. Such revenue anticipation certificates 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), and as subsequently amended, providing for the issuance of revenue anticipation certificates. (13) Through the use and power of eminent domain, the Authority shall have the right, power, privilege and authority to condemn real property, rights-of-way or easements for the purpose of developing and promoting for the public good and welfare industry within Bryan County, any such condemnation to be conducted in accordance with the laws of the State of Georgia. G. All land and improvements and personal property the title to which is vested in the Authority, and all debentures, notes, bonds and revenue anticipation certificates issued by the Authority, and all income earned therefrom by the holders of said evidences of indebtedness, shall be exempt from State and local taxation. The exemption from taxation herein provided shall not include the exemption from sales and use taxes on property purchased by the Authority or for use by the Authority. Taxes. H. The governing authority of Bryan County is hereby authorized and directed to levy and collect an annual ad valorem tax of two (2) mills for developing and promoting industry and is directed to pay to the Authority all funds derived from such levy to be used for the purposes herein set forth. Funds.

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I. The Authority shall not be empowered or authorized in any manner to create a debt against the State of Georgia or Bryan County. Debt. J. The books and records of the Authority shall be audited at least annually, at the expense of the Authority, by a competent auditor. The Authority shall furnish copies of said audit to Bryan County. Audits. 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 Bryan 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, being for the purpose of developing and promoting the public good and the welfare of the County of Bryan and its inhabitants, shall be liberally construed to effect the purposes hereof. Intent. M. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare industry and trade within the County of Bryan and reducing unemployment to the greatest extent possible, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of these purposes. Purpose. 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 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,

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Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: YES () NO () Shall the Constitution be amended so as to create the Bryan 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. Approved April 9, 1968. STATE MEDICAL EDUCATION BOARD. Proposed Amendment to the Constitution. No. 221 (House Resolution No. 521-1103). A Resolution. Proposing an amendment to the Constitution so as to increase the amount of loans and scholarships for medical students and to change the provisions relative to the repayment of such loans and scholarships, the State Medical Education Board and the secretary of said 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 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 of 1960 (Ga. L. 1960, p. 1215), 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), an amendment ratified at the general election in 1964 (Ga. L. 1964, p. 944), and an amendment ratified at the general election in 1966 (Ga. L. 1966, p. 1082), is hereby amended by striking the first, second, third and eighth paragraphs of that portion of Paragraph II added by the 1952 amendment, and as amended by the 1960, 1962, 1964 and 1966 amendments, and inserting in lieu thereof new first, second, third and eighth paragraphs as follows: There is hereby created a board to be known as the State Medical Education Board to consist of five members, one of whom shall be the President of the Medical Association of Georgia, one of whom shall be the immediate Past President of the Medical Association of Georgia, and three members to be appointed by the Governor, who shall be qualified electors of the State of Georgia. The members of the Board shall hold office for a term of four years beginning on the first day of April, 1953, and every four years thereafter the Governor shall appoint three members for a term of four years, and shall appoint the President and the immediate Past President of the Medical Association of Georgia pursuant to their position and office in those respective capacities. Vacancies shall be filled by appointment of the Governor for the unexpired term. Created, members, etc. The members tof the Board shall serve without pay but shall be allowed $20.00 per day expenses and traveling expenses of ten cents (10[unk]) per mile for attending meetings of the Board or in traveling elsewhere in the discharge of their duties requiring their absence from their respective places of abode, same to be paid upon

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the approval of the Chairman or Vice-Chairman of the Board, out of any funds made available to said Board. The secretary of the Board shall be whomsoever is serving as the executive secretary of the Board of Regents, who shall keep the records and minutes of the proceedings of the Board and who shall also keep the books, records and accounts of the Board, and whose compensation as secretary of this Board shall be fixed by the Board. The secretary shall prepare and countersign all checks, vouchers and warrants drawn upon the funds of the Board, and the same shall be signed by the Chairman of the Board. The secretary shall also be the treasurer of the Board and shall keep and account for all the funds of the Board, and shall execute and file with the Board a surety bond in the sum of $10,000.00, payable to the State of Georgia, and conditioned upon the faithful performance of his duties and that he shall properly account for all funds coming into his hands as such secretary, the premium on such bond to be paid out of the funds of the Board. Secretary. Applicants who are granted loans or scholarships by the Board shall receive a loan or scholarship not to exceed $10,000.00 to any one applicant to be paid at such time and in such manner as may be determined by the Board with which to defray the tuition and other expenses of any such applicant in any responsible, accepted and accredited four-year medical college or school in the United States. The loans and scholarships herein provided shall not exceed the sum herein stated, but they may be prorated in such manner as to pay to the medical college or school to which any applicant is admitted such funds as are required by that college or 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

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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 10,000 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. 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 to pay off the balance of the scholarship or loan, together with accrued interest thereon, and upon such payment shall be relieved from further obligations under his contract for loan or scholarship. Loans and scholarships. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken

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thereon, such proposed 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 amount of loans and scholarships for medical students and to change the provisions relative to the repayment of such loans and scholarships, the State Medical Education Board and the secretary of said 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. Approved April 9, 1968. HOMESTEAD EXEMPTIONS FOR PERSONS 65 YEARS OF AGE OR OLDER. Proposed Amendment to the Constitution. No. 224 (House Resolution No. 537-1179). A Resolution. Proposing an amendment to the Constitution, so as to provide an exemption of $4,000.00 from all State and county

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ad valorem taxes on the homestead of persons sixty-five (65) years of age or older who have a net income as defined by Georgia law for income tax purposes, including that of their spouse of less than $4,000.00 per annum; 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 striking therefrom the following paragraph: Each person who is sixty-five (65) years of age or over and who does not have an income from all sources exceeding $3,000.00 per annum is hereby granted an exemption of $4,000.00 on his homestead which he owns and which he actually occupies as a residence, such exemption being from all State and county ad valorem taxes. The value of the residence in excess of the above exempted amount shall remain subject to taxation. Any such owner shall not receive the benefits of such homestead exemption unless he files an affidavit with the tax commissioner or tax receiver of the county in which he resides, giving his age and the amount of income which he receives and such additional information relative to receiving the benefits of such exemption as will enable the tax commissioner or tax receiver to make a determination as to whether such owner is entitled to such exemption. The tax commissioner or tax receiver shall provide affidavit forms for this purpose. The increased exemption provided for herein shall apply to all taxable years beginning after December 31, 1964., and substituting in lieu thereof the following paragraph: Each person who is sixty-five (65) years of age or over is hereby granted an exemption from all State and county ad valorem taxes in the amount of $4,000.00 on a homestead owned and occupied by him as a residence if his net income, together with the net income of his spouse who also occupies and resides at such homestead, as net

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income is defined by Georgia law, from all sources, including any federal old-age, survivor or disability insurance benefits or benefits received from any retirement or pension fund when such benefits are based on contributions made thereto by such person or his spouse, does not exceed $4,000.00 for the immediately preceding taxable year for income tax purposes. The value of the residence in excess of the above exempted amount shall remain subject to taxation. Any such owner shall not receive the benefits of such homestead exemption unless he, or through his agent, files an affidavit with the tax commissioner or tax receiver of the county in which he resides, giving his age and the amount of income which he and his spouse received during the last taxable year for income tax purposes, and such additional information relative to receiving the benefits of such exemption as will enable the tax commissioner or tax receiver to make a determination as to whether such owner is entitled to such exemption. The tax commissioner or tax receiver shall provide affidavit forms for this purpose. Such applications shall be processed in the same manner as other applications for homestead exemption, and the provisions of law applicable to the processing of homestead exemptions, as the same now exists or may hereafter be amended, shall apply thereto. The General Assembly may provide by law for the proper administration of this exemption including penalties necessary therefor. The increased exemption provided for herein shall apply to all taxable years beginning after 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 proposed 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 for an exemtpion of $4,000.00 from all State and county ad valorem taxes on the homestead of owners sixty-five (65) years of age or older whose net income as defined by Georgia law for income tax purposes when added to that of his spouse does not exceed $4,000 for the immediately preceding taxable year? 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 April 9, 1968. DODGE COUNTYEASTMAN DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 226 (House Resolution No. 543-1183). A Resolution. Proposing an amendment to the Constitution so as to create the Dodge County-Eastman Development Authority; to provide for powers, authority, funds, purposes and procedure connected therewith; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

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Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section IV, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following: A. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare of Dodge County and the City of Eastman and its citizens industry, agriculture, trade and commerce within the County of Dodge and making long-range plans for such development and expansion and to authorize the use of public funds of said county and city for such purposes and in the furtherance thereof there is hereby created a body corporate and politic in said county to be known as Dodge County-Eastman Development Authority which shall be an instrumentality of Dodge County and the City of Eastman and a public corporation, hereinafter in this amendment sometimes referred to as the `Authority'; Purpose, created. B. The Authority shall consist of five members who shall serve for a term of five years and who shall be eligible to reappointment. The members of the Authority shall be elected by a majority of the governing body of Dodge County and the City of Eastman. The first members shall be elected for terms of one, two, three, four and five years and thereafter their successors shall be elected to serve for a term of five years. Vacancies shall be filled for the unexpired term by said electing body. A majority of the members shall constitute a quorum and a majority may act for the Authority in any matter. No vacancy shall impair the power of the Authority to act. No member of the Authority shall be a member of the electing body of said county but there shall be no other disqualification to hold public office by reason of membership in the Authority; Members. C. The property, obligation and the interest on the obligations of the Authority shall have the same immunity from taxation as the property, obligations and interest on the obligations of Dodge County. The exemption

Page 1695

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

Page 1696

(7) To encourage and promote the expansion of industry, agriculture, trade and commerce in Dodge County, and to make long range plans therefor; (8) To accumulate its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested; (9) To designate officers to sign and act for the Authority generally or in any specific matter; (10) To do any and all acts and things necessary or convenient to accomplish the purpose and powers of the Authority as herein stated; E. The Authority shall not be authorized to create in any manner any debt, liability or obligation against the State of Georgia, Dodge County or the City of Eastman except to the extent and in the manner as herein set forth; 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 and contract liability. G. The members of the Authority shall receive no compensation for their services to the Authority; Compensation. H. The Authority is hereby authorized to issue Revenue Bonds to carry out the purposes of this amendment. Revenue Bonds so issued shall be paid from the income of the Authority from whatever sources received including appropriations of public funds made to it. Such Revenue Bonds may be authorized by resolution of the Dodge

Page 1697

County-Eastman Development Authority which may be adopted at a regular or special meeting by a majority vote of the members of said Authority. Said Authority in determining the cost of any undertaking for which Revenue Bonds are to be issued may include all costs relative to the issuance thereof as well as engineering, inspection, fiscal and legal expenses, and interest estimated to accrue during the construction period, and for six months thereafter and such bonds shall bear such date or dates, mature at such time or times, not exceeding thirty years from their respective dates, bear interest at such rate or rates not exceeding seven percent per annum, and may be in such denominations and may carry such registration privileges and be subject to redemption and may contain such terms, covenants, assignments and conditions as the resolution authorizing the issuance of such bonds may provide. All bonds and the interest thereon so issued by said Authority are hereby declared to be non-taxable for any and all purposes. Such bonds issued by the said Authority shall be validated in the Superior Court of Dodge County in the same manner as revenue bonds of municipalities are validated as provided in Code sections 87-815 et seq. of the Code of Georgia, and in the proceedings to validate such bonds, both the Dodge County-Eastman Development Authority. In the event no bill of exceptions shall be filed within the time prescribed by law, or if filed, the judgment shall be affirmed by the Supreme Court, the judgment of the Superior Court, confirming and validating the issuance of such bonds, shall be forever conclusive as to the validity of said bonds and the security therefor against said Authority and against the said governing body or other taxing authority of said county; Bonds. 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.

Page 1698

J. This amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of this purpose; 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 sixty (60) days after such proclamations; Effective date. L. This amendment is self-enacting and does not require any enabling legislation for it to become effective; however, the General Assembly may by law further define and prescribe the powers and duties of the Authority and the exercise thereof, and may enlarge and restrict the same, and may likewise further regulate the management and conduct of the Authority not inconsistent with the provisions of this amendment. The Authority shall be an instrumentality of Dodge County and the City of Eastman and the scope of its operation shall be limited to the territory embraced within said 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 or obligations of the county to the Authority shall be construed as a debt of Dodge County within the meaning of the provisions of Article VII, Section VII, Paragraph I of the Constitution of the State of Georgia. Debts. N. Dodge County and the City of Eastman shall be authorized to appropriate to the Authority from their general funds from time to time such amounts as their governing authorities shall deem wise and appropriate in order to assist the Authority in carrying out the purposes for which it is created. Funds. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, such proposed amendment shall be published

Page 1699

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 creation of the Dodge County-Eastman 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 April 9, 1968. CITY OF WOODLAND DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 227 (House Resolution No. 545-1196). A Resolution. Proposing an amendment to the Constitution, so as to create the City of Woodland Development Authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

Page 1700

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: A. There is hereby created a body corporate and politic to be known as the `City of Woodland Development Authority' which shall be deemed to be an instrumentality of the State of Georgia and a public corporation, its scope and jurisdiction to be limited to the territory embraced by the City of Woodland. The City of Woodland may contract with the Authority as a public corporation as provided by the Constitution of Georgia. Created. B. The City of Woodland is authorized to levy a tax on all the taxable property therein not to exceed two mills for the purpose of securing a fund to be set aside and used by said Authority for the general purposes hereinafter prescribed. Funds. C. The members of the Authority, their qualifications, terms and methods of election or appointment shall be prescribed by law by the General Assembly. The Authority shall have such duties, powers, and authority as shall be prescribed by law and the General Assembly may pass all other necessary legislation for the implementation of this amendment. Members, powers. D. 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 include the exemption from sales and use taxes on property purchased by the Authority or for use by the Authority. Taxes. E. Said Authority is created for the purpose of developing, promoting, and expanding, for the public good and general welfare, industry, agriculture, commerce, natural

Page 1701

resources, and vocational training and for the making of long-range plans for coordination of such development, promotion and expansion within its territorial limits. The Authority shall not be empowered or authorized in any manner to create a debt against the State of Georgia or the City of Woodland. The Authority is created for non-profit purposes and all property acquired by the Authority and any funds realized by the Authority shall be used continually and exclusively for the purposes for which the Authority is created. Purpose. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, 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 Woodland 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 amendments 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 April 9, 1968.

Page 1702

LINCOLNTON AND LINCOLN COUNTY DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 228 (House Resolution No. 548-1200). A Resolution. Proposing an amendment to the Constitution to create the Lincolnton and Lincoln County Development Authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section VII, Paragraph V of the Constitution is hereby amended by adding at the end thereof the following: There is hereby created a body corporate and politic to be known as the Lincolnton and Lincoln 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 Lincoln County and the corporate limits of the City of Lincolnton may contract with the Authority as a public corporation as provided by the Constitution of Georgia. Created. The Authority shall consist of eight members who shall have such control, duties, powers and authority as are hereby conferred and as may be prescribed or provided for by the General Assembly of Georgia, and such additional powers as may be delegated to the Authority by the County of Lincoln and the City of Lincolnton. Members of the Authority shall be residents of Lincoln County within or without the corporate limits of the City of Lincolnton. The first appointment shall be for terms of one, two, three and four years. Thereafter all terms and appointments except in case of a vacancy shall be for four years. The General Assembly shall provide

Page 1703

for appointment of members of the Authority. The Authority shall elect a Chairman, a Vice-Chairman and Secretary-Treasurer. The Secretary-Treasurer shall ot be required to be a member of the Authority. All land and improvements thereon the title to which is vested in the Authority, and all debentures and revenue-anticipation cretificates issued by the Authority, shall be exempt from State andlocal taxation. The exemption from taxation herein provided shall not include the exemption from sales and use taxes on property pruchased by the Authority or for use by the Authority. Said Authority is created for the purpose of developing and promoting for the public good and general welfare industry, agriculture, commerce, natural resources, and vocational training and the making of long-range plans for the coordinaton of such development, promotion and expansion, withing 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 Lincoln or the City of Lincolnton. The Authority is created for non-profit purposes and all property acquired by the Authority and any funds realized by the Authority shall be used continually and exclusively for the purposes for which the Authority is created. Purpose. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, 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 following: YES NO Shall the Constitution be amended so as to create the Lincolnton and Lincoln County Development Authority?

Page 1704

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 April 9, 1968. SPALDING COUNTYFIRE PROTECTION DISTRICTS. Proposed Amendment to the Constitution. No. 229 (House Resolution No. 592-1241). A Resolution. Proposing an amendment to the Constitution so as to provide for the establishment, administration and maintenance of fire protection districts in Spalding County; to provide for the levy of taxes in connection therewith with no exemptions from taxation being allowed; to provide for a referendum to be held in any affected area; to provide for the issuance of bonds in connection therewith in addition to the maximum debt limitations of such 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 III of the Constitution is hereby amended by adding at the end thereof the following:

Page 1705

The General Assembly of Georgia is hereby authorized to grant to the governing authority of Spalding County the authority to district areas outside the City of Griffin in said county for the purpose of providing fire protection services and systems of fire protection. The General Assembly is further empowered to authorize said county, or its governing authority, to levy a tax or taxes only upon the taxable property in such districts for the purpose of providing such services and systems of fire protection and 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 the General Assembly, and the levy of any such tax shall be made without the grant or allowance of any exemptions from taxations as set forth in Article VII, Section I, Paragraph IV, or in any other provision, of the Constitution or as set forth by the laws of this State. Any other provision of this Constitution to the contrary notwithstanding, the General Assembly is further authorized to empower the governing authority of said county to issue bonds in an amount not exceeding ten per centum (10%) of the assessed value of all of the taxable property located in any such district subject to taxation for bond purposes, and any such bonds issued or debts incurred in and for any such district shall not affect the amount of bonds Spalding County may issue, or the amount of debts said county may incur, for other purposes under Article VII, Section VII, Paragraph I of the Constitution, or under any other provision of the Constitution, or under the laws of this State, and such bonds as herein authorized may be issued in addition thereto. The General Assembly is further authorized to grant said county the authority to enter into contracts with private persons, private corporations, municipal corporations, public bodies, political subdivisions and agencies of this State for the purpose of establishing and maintaining such districts and providing the fire protection services and systems as herein set out. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds

Page 1706

of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the proposed amendment shall have written or printed thereon the following: YES () NO () Shall the Constitution be amended so as to authorize the General Assembly of Georgia to empower the governing authority of Spalding County to establish and administer fire protection districts and levy taxes on the property in such districts, without the allowance of any exemptions from taxation, after the assets of a majority of the qualified voters voting in an election held thereon in the affected area? 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 April 9, 1968.

Page 1707

PROMOTION OF AGRICULTURAL AND OTHER PRODUCTS. Proposed Amendment to the Constitution. No. 233 (House Resolution No. 620-1348). A Resolution. Proposing an amendment to the Constitution so as to authorize the General Assembly to provide that programs for the promotion of agricultural products including provisions for quality and/or product control may be instituted, continued or terminated in accordance with the results of referendums conducted among the producers of the product or products affected and to provide that the General Assembly may delegate to instrumentalities, public corporations, authorities and commissions created by it the right to impose, raise, lower or repeal assessments, fees or other charges upon the sale or processing of affected products and to collect the same after approval by the producers of such products in a referendum; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section II, Paragraph I-A of the Constitution is hereby amended by striking said Paragraph in its entirety and inserting in lieu thereof a new Paragraph I-A, to read as follows: Paragraph I-A. Promotion of Agricultural and Other Products; Financing; Disposition of Funds. Any other provision of this Constitution to the contrary notwithstanding, the General Assembly may provide for the promotion of the production, marketing, sale, use and utilization, processing and improvement of any one or all of the agricultural products including, but not limited to, registered livestock and livestock products, poultry and poultry products, timber and timber products, fish and sea food and the products of the farms and forests of

Page 1708

this State. The General Assembly may provide for the promotion of such products individually, collectively, or in any combination thereof. The General Assembly may provide that such a program including provisions for quality and/or product control may be instituted, continued or terminated by a specified vote of the producers of the product or products affected participating in a referendum submitting such proposal for their approval. The General Assembly may create instrumentalities, public corporations, authorities and commissions, to administer such programs and may provide a means of financing any such promotion by authorizing such bodies to impose, raise, lower or repeal assessments, fees or other charges upon the sale or processing of the affected products, and to collect the same, after approval by a specified vote of the producers of the affected product in a referendum and may authorize the acceptance of gifts and donations, and may provide for the disposition of any funds arising under any such program without the necessity of such funds being placed in the State Treasury or being appropriated by the General Assembly. The General Assembly may provide for the supervision of any such program by the Department of Agriculture. The uniformity requirement of this Constitution shall be satisfied by the application of the program upon the affected products. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, 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 that programs for the promotion of agricultural products including provisions

Page 1709

for quality and/or product control may be instituted, continued or terminated in accordance with the results of a referendum conducted among the producers of the product or products affected and to provide that the General Assembly may delegate to instrumentalities, public corporations, authorities and commissions created by it the right to impose, raise, lower or repeal assessments, fees or other charges upon the sale or processing of affected products and to collect the same after approval by the producers of such products in a referendum? 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 April 10, 1968. TAYLOR COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 234 (House Resolution No. 622-1352). A Resolution. Proposing an amendment to the Constitution so as to create the Taylor County Industrial Development Authority; to provide for powers, authority, funds, purposes and procedure

Page 1710

connected therewith; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article V, Section IX of the Constitution is hereby amended by adding at the end thereof the following: A. There is hereby created a body corporate and politic in Taylor County, to be known as the Taylor County Industrial Development Authority, which shall be an instrumentality of Taylor 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 Taylor County and they shall serve for a term of five years. Vacancies shall be filled for the unexpired term by the said Board of County Commissioners. A majority of the members shall constitute a quorum and a majority may act for the Authority in any matter. No vacancy shall impair the power of the Authority to act. Members, etc. C. The property, obligations and the interest on the obligations of the Authority shall have the same immunity from taxation as the property, obligations and interest on the obligations of Taylor 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; Powers. (2) To borrow money, to issue notes, bonds and revenue certificates, to execute trust agreements or indentures,

Page 1711

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 Taylor 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 Taylor 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 and useful furnishing, machinery and equipment. Such acquisition may be through the acquisition of land the 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 (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

Page 1712

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 obligations against the State of Georgia or Taylor 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 orginally 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

Page 1713

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

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L. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare, industry and trade within Taylor County and reducing unemployment to the greatest extent possible, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of these purposes. Purpose. M. This amendment shall be effective immediately upon proclamation of its ratification by the Governor and the first members of the Authority shall be appointed within thirty (30) days after such proclamation. Effective date. N. The General Assembly may by law further define and prescribe the powers and duties of the Authority and the exercise thereof, and may enlarge and restrict the same, and may likewise further regulate the management and conduct of the Authority. The Authority shall be an instrumentality of Taylor 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 Taylor County Industrial Development Authority? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring

Page 1715

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 April 10, 1968. CORDELE OFFICE BUILDING AUTHORITY. Proposed Amendment to the Constitution. No. 235 (House Resolution No. 624-1354). A Resolution. Proposing an amendment to the Constitution so as to create the Cordele Office Building Authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section VI, Paragraph 1 of the Constitution is hereby amended by adding at the end thereof the following: A. Creation. There is hereby created a body politic to be known as the Cordele Office Building Authority which shall be deemed to be an instrumentality of the State of Georgia and a public corporation and in that name, style and title said body may contract and be contracted with, sue and be sued, plead and be interpleaded and complain and defend in all courts of law and equity.

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In the event the name of said Authority shall ever become the subject of change, the same may be accomplished by an Act of the General Assembly. B. Purpose . The said Authority is created for the purpose of acquiring, constructing, equipping, maintaining and operating self-liquidating projects embracing buildings and facilities for use by the City of Cordele, Georgia, for its governmental, proprietary and administrative functions and for the use by such other agencies, authorities and political subdivisions of the State of Georgia or the government of the United States as may contract with the Authority for the use of such facilities. The City of Cordele, Georgia, is hereby granted the authority to lease or sell lands, buildings, or land and buildings now owned by the City of Cordele, Georgia, to said Authority by appropriate resolution of its governing body and upon such terms and conditions as such governing body shall prescribe; provided that such sales by the City of Cordele, Georgia, to the Authority shall be for cash, and provided that such leases shall not exceed fifty (50) years in duration. C. Membership . The Authority shall consist of three members, one of whom shall be the Chairman of the City Commission of the City of Cordele, Georgia, for the same term as he is acting in the official capacity as such Chairman; one shall be a member of said City Commission of the City of Cordele, Georgia, selected by said City Commission as a whole, and one shall be a freeholder and. qualified registered voter of said City of Cordele, Georgia, selected by said City Commission as a whole who shall hold office for a term of one calendar year and until their successors shall be selected and appointed. Any vacancy on the Authority, except the member who shall be the Chairman of the City Commission of the City of Cordele, Georgia, may be filled for any unexpired term by the City Commission of the City of Cordele. Immediately after such appointments the members of such Authority shall enter upon their duties. The Authority shall elect one of its members as Chairman, and one as Vice-Chairman, and shall also elect a

Page 1717

Secretary and Treasurer, which Secretary and Treasurer need not necessarily be a member of the Authority. Two members of the Authority shall constitute a quorum. No vacancy on the Authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the Authority. The members of the Authority shall receive no compensation for their services but may be reimbursed by the Authority for their actual expenses necessarily incurred in the performance of their duties. The Authority shall make rules and regulations for its own government. It shall have perpetual existence. In the event the number of the members of the Authority or the qualifications 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. D. Definitions . As used herein the following words and terms shall have the following meanings: (1) The word `Authority' shall mean the Cordele Office Building Authority herein created. (2) The words `City of Cordele' and `City' shall mean the corporate body created by the General Assembly of Georgia under the name and style of the `City of Cordele'. (3) The word `project' shall be deemed to mean and include one or a combination of two or more of the following: buildings and facilities intended for the use as city hall, jail, police station, fire station, administrative offices and other offices and related uses, and all buildings, structures, electric, gas, steam and water utilities, sewage disposal and facilities of every kind and character deemed by the Authority necessary or convenient for the efficient operation of any department, board, office, commission or agency of the City of Cordele in the performance of its governmental, proprietary and administrative functions, or of such buildings and facilities intended for use by any division, department, institution, agency or political subdivision of the State of Georgia or the government of the United States.

Page 1718

(4) The term `cost of the project' shall embrace the cost of construction, the cost of all lands, properties, rights and easements and franchises acquired, the cost of all machinery and equipment, financing charges, interest prior to and during construction, cost of engineering, architectural and legal expenses, and of plans and specifications, and other expenses necessary or incident to determining the feasibility or practicability of the project, administrative expense, and such other expenses as may be necessary or incident to the financing herein authorized, the construction of any project, the placing of the same in operation, and the condemnation of property necessary for such construction and operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds issued under the provisions herein. (5) The terms `revenue bonds' and `bonds' as used in this amendment, shall mean revenue bonds under the provisions of the Revenue Bond Law (Ga. L. 1957, pp. 36, et seq.) amending the law formerly known as the Revenue Certificate Law of 1937 (Ga. L. 1937, pp. 761, et seq., as amended) and such type of obligations may be issued by the Authority as authorized under said Revenue Bond Law and in addition, shall also mean obligations of the Authority the issuance of which are hereinafter specifically provided for herein. (6) Any project or combination of projects shall be deemed `self-liquidating' if, in the judgment of the Authority the revenues to be derived by the Authority from rentals of said project or projects to the City of Cordele or agencies, authorities, departments and political subdivisions of the State of Georgia and of the United States will be sufficient to pay the principal and interest of revenue bonds which may be issued for the cost of such project, projects or combination of projects. E. Powers . The Authority shall have the powers: (1) To have a seal and alter the same at pleasure;

Page 1719

(2) To acquire by purchase, lease or otherwise, and to hold, lease and dispose of real and personal property of every kind and character for its corporate purposes; (3) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper or by condemnation in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, real property or rights of easements therein or franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue and to lease or make contracts with respects to the use of or dispose of the same in any manner it deems to the best advantage of the Authority, the Authority being under no obligation to accept and pay for any property condemned 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 incumbrance exists, unless at the time such property is so acquired a sufficient sum of money be deposited in trust to pay and redeem the fair value of such lien or incumbrance; (4) To appoint and select officers, agents and employees, including engineering, architectural and construction experts, fiscal agents and attorneys, and fix their compensation; (5) To make contracts and leases and to execute all instruments necessary or convenient, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be erected or acquired, and the City of Cordele and any divisions, departments, institutions, agencies, counties or political subdivisions of the State of Georgia are hereby authorized to enter into contracts, leases or agreements with the Authority upon such terms and for such purposes as they deem advisable; and without

Page 1720

limiting the generality of the above, authority is specifically granted to the City and any subdivision, department, institution, agency or political subdivision of the State of Georgia to enter into lease contracts and related agreements for the use of any structure, building or facility or combination of any two or more structures, buildings or facilities of the Authority for a term not exceeding fifty (50) years and any division, department, institution, agency or political subdivision of the State of Georgia may obligate itself to pay an agreed sum for the use of such property and the City of Cordele may enter into lease contracts and related agreements for the use of any structure, building or facility or a combination of two or more structures, buildings or facilities of the Authority for a term not exceeding fifty (50) years upon a majority vote of its governing body and may obligate itself to pay an agreed sum for the use of such property so leased and also obligate itself as a part of the undertaking to pay the cost of maintaining, repairing and operating the property furnished by and leased from the Authority; (6) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate and manage projects, as hereinbefore defined, to be located on property owned by or leased by the Authority, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds of the Authority or from such proceeds and any grant from the United States of America or any agency or instrumentality thereof; (7) To accept loans and/or grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof upon such terms and conditions as the United States of America or such agency or instrumentality may impose; (8) To borrow money for any of its corporate purposes and to issue negotiable 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;

Page 1721

(9) To exercise any power usually possessed by private corporations performing similar functions, which is not in conflict with the Constitution and laws of this State; and (10) To do all things necessary or convenient to carry out the powers expressly given herein. F. Revenue Bonds . The Authority, or any authority or body which has or which may in the future succeed to the powers, duties and liabilities vested in the Authority created hereby, shall have power and is hereby authorized at one time, or from time to time, to provide by resolution for the issuance of negotiable revenue bonds, for the purpose of paying all or any part of the cost as herein defined of any one or more projects. The principal and interest of such revenue bonds shall be payable solely from the special fund herein provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates not exceeding the maximum limit prescribed in the Revenue Bond Law or any amendment thereto, shall be payable semiannually, shall mature at such time or times not exceeding thirty (30) 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. Such revenue bonds or obligations shall be issued pursuant to and in conformity with the Revenue Bond Law (Ga. L. 1957, p. 36, et. seq.) amending the law formerly known as the Revenue Certificate Law of 1937 (Ga. L. 1937, p. 761, et seq., as amended), and all procedures pertaining to such issuance and the conditions thereof shall be the same as those contained in said Revenue Bond Law and any amendments thereto. G. Same; Form; Denominations; Registration; Place of Payment . The Authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal

Page 1722

and interest thereof, which may be at any bank or trust company within or without the State. The bonds may be issued in coupon or registration form, or both, as the Authority may determine and provision may be made for the registration of any coupon bond as to the principal alone and also to both the principal and interest. H. Same; Signatures; Seal . In case any officer whose signature shall appear on any bonds or whose facsimile signature shall appear on any coupon shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery. All such bonds shall be signed by the Chairman of the Authority and attested by the Secretary and Treasurer of the Authority and the official seal of the Authority shall be affixed thereto and any coupons attached thereto shall bear the facsimile signatures of the Chairman and Secretary and Treasurer of the Authority. 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 delivery and payment of such bonds such persons may not have been so authorized or shall not have held such office. I. Same; Negotiability; Exemption from Taxation . All revenue bonds issued under the provisions hereof shall be fully negotiable for all purposes and shall have and are hereby declared to have all the qualifications of negotiable instruments under the laws of the State. Such bonds are declared to be issued for an essential public and governmental purpose and the said bonds and the income thereof shall be exempt from all taxation within the State. J. Same; Sale; Price . The Authority may sell such bonds in such manner and for such price as it may determine to be for the best interest of the Authority. K. Same; Proceeds of Bonds . The proceeds of such bonds shall be used solely for the payment of the cost of the project or projects, and unless otherwise provided in

Page 1723

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 any 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 such funds as may be provided in the resolution authorizing the issuance of the bonds or in the trust indenture. L. Same; Interim Receipts and Certificates or Temporary Bonds . Prior to the preparation of definitive bonds, the Authority may, under like restrictions issue interim receipts, interim certificates or temporary bonds, with or without coupons exchangeable for definitive bonds upon the issuance of the latter. M. Same Replacement of Lost or Mutiliated Bonds . The Authority may also provide for the replacement of any bond which shall become mutilated or be destroyed or lost. N. Same; Conditions Precedent to Issuance; Object of Issuance . Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions and things which are specified or required herein. In the discretion of the Authority, revenue bonds of a single issue may be issued for the purpose of any particular project. Any resolution, providing for the issuance of revenue bonds upon the provisions hereof 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 the quorum as herein provided. O. Same, Credit Not Pledged and Debt Not Created .Revenue bonds issued by the Authority hereunder shall

Page 1724

not be deemed to constitute a debt of the City of Cordele, Georgia, nor of any municipality, county, authority or political subdivision of the State of Georgia or instrumentality of the United States Government which may contract with such Authority. No contracts entered into by the Authority with any such municipality, county, authority or political subdivision of the State of Georgia or instrumentality of the United States Government shall create a debt of the respective municipalities, counties, authorities or political subdivisions of the State of Georgia within the meaning of Article VII, Section VII, Paragraph I of the Constitution of the State of Georgia, but any such municipality, county, authority or political subdivision of the State of Georgia may obligate itself to pay the payments required under such contracts from monies received from taxes and from any other source without creating a debt within the meaning of Article VII, Section VII, Paragraph I of the Constitution of the State of Georgia. P. Same; Trust Indenture as Security . In the discretion of the Authority, any issue of such revenue bonds may be secured by a trust indenture by and between the Authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside of the State. Such trust indenture may pledge or assign fees, tolls, revenues and earnings to be received by the Authority, including the proceeds derived from the sale from time to time of any surplus property of the Authority, both real and personal. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the Authority in relation to the acquisition of property, the construction of the project, the maintenance, operation, repair and insurance of the property, and the custody, safeguarding and application of all monies, including the proceeds derived from the sale of property of the Authority, both real and personal, and may also provide that any project shall be constructed and paid for under

Page 1725

the supervision and approval of consulting engineers or architects employed or designated by the Authority, and satisfactory to the original purchasers of the bonds issued therefor and may also require that the security given by contractors and by any depository of the proceeds of the bonds or revenues or other monies be satisfactory to such purchasers, and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this State to act as such depository and to furnish such indemnifying bonds or pledge such securities as may be required by the Authority. Such indenture may set forth the rights and remedies of the bondholders and of the trustee, and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the Authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance operation and repair of the project affected by such indenture. Q. Same; To Whom Proceeds of Bonds Shall be Paid . The Authority shall, in the resolution providing for the issuance of revenue bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds to any officer or person who or any agency, bank or trust company which shall act as trustee of such funds and shall hold and apply the same to the purposes hereof, subject to such regulations as are herein provided and such regulations as may be provided in such resolution or trust indenture. R. Same; Sinking Fund .The revenues, fees, tolls and earnings derived from any particular project or projects, regardless of whether or not such fees, earnings and revenues were produced by a particular project for which bonds have been issued and any monies derived from the sale of any properties, both real and personal of the Authority, unless otherwise pledged and allocated, may be

Page 1726

pledged and allocated by the Authority to the payment of the principal and interest on revenue bonds of the Authority as the resolution authorizing the issuance of the bonds or in the trust instrument may provide, and such funds so pledged from whatever source received which said pledge may include funds received from one or more of all sources, shall be set aside at regular intervals as may be provided in the resolution or trust indenture, into a sinking fund which said sinking fund shall be pledged to and charged with the payments of (1) the interest upon such revenue bonds as such interest shall fall due, (2) the principal of the bonds as the same shall fall due, (3) the necessary charges of paying agent or agents for paying principal and interest, and (4) any premium upon bonds retired by call or purchase as hereinabove provided. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be a fund for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or in the trust indenture surplus monies in the sinking fund may be applied to the purchase or redemption of bonds and any such bonds so purchased or redeemed shall forthwith be cancelled and shall not against be issued. S. Same; Remedies of Bondholders . Any holder of revenue bonds issued under the provisions hereof or any of the coupons appertaining thereto, and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted hereunder or under such resolution or trust indenture, and may enforce and compel performance of all duties required herein or by such resolution or trust indenture, to be performed by the Authority, or any officer thereof, including

Page 1727

the fixing, charging, and collecting of revenues, fees, tolls, and other charges for the use of the facilities and services furnished. T. Same; Refunding Bonds . The Authority is hereby authorized to provide by resolution for the issue of revenue bonds of the Authority for the purpose of refunding any revenue bonds issued under the provisions hereof and then outstanding, together with accrued interest thereon. The issuance of such revenue refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the Authority in respect to the same, shall be governed by the foregoing provisions hereof insofar as the same may be applicable. U. Same; Venue and Jurisdiction . Any action to protect or enforce any right under the provisions hereof or any suit or action against such Authority shall be brought in the Superior Court of Crisp County, Georgia, and any action pertaining to validation of any bonds issued under the provisions hereof shall likewise be brought in said court which shall have exclusive, original jurisdiction of such actions. V. Same; Validation . Bonds of the Authority shall be confirmed and validated in accordance with the procedure of the Revenue Bond Law. The petition for validation shall also make party defendant to such action any municipality, county, authority, subdivision or instrumentality of the State of Georgia or the United States Government or any department or agency of the United States Government, if subject to be sued, which has contracted with the Authority for the services and facilities of the project for which bonds are to be issued and sought to be validated and such municipality, county, authority, subdivision or instrumentality shall be required to show cause, if any, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the validity of the terms thereof be determined and the contract or contracts adjudicated as security for the payment of any such bonds of the Authority. The bonds when validated, and the judgment of validation shall be final

Page 1728

and conclusive with respect to such bonds, against the Authority issuing the same, and any municipality, county, authority, subdivision or instrumentality of the United States Government, if a party to the validation proceedings, contracting with the said Cordele Office Building Authority. W. Same; 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 will be created which will compete with the Authority to such an extent 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. X. Monies Received Considered Trust Funds . All monies received pursuant to the Authority hereof whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenues, income, fees and earnings, shall be deemed to be trust funds to be held and applied solely as provided for herein. Y. Exemption from Taxation . It is hereby declared that the Authority will be performing an essential governmental function in the exercise of the power conferred upon it hereunder and that 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 the buildings erected or acquired by it or any fees, rentals or other charges for the use of such buildings or other income received by the Authority, except that the exemption from taxation herein provided shall not include the exemption from sales and use taxes

Page 1729

on property purchased by the Authority or for use by the Authority. Z. Immunity from Tort Actions . The Authority shall have the same immunity and exemption from liability for torts and negligence as the State of Georgia has 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 from torts and negligence as the officers, agents and employees of the State of Georgia. The Authority may be sued in the same manner as private corporations may be sued on any contractual obligation of the Authority. AA. Property 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. BB. Construction . This amendment and all provisions, rights, powers and authority granted hereunder shall be effective, notwithstanding any other provision of the 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. CC. Effective Date . This amendment shall be effective immediately upon proclamation of its ratification by the Governor. DD. 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 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 this Authority not inconsistent with the provisions of this amendment. The Authority

Page 1730

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 the City of Cordele, Georgia, as the same now or may hereafter exist and within the limits of the area of Crisp County, Georgia. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: YES () NO () Shall the Constitution be amended so as to create the Cordele Office Building Authority? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon. Approved April 10, 1968.

Page 1731

BRANTLEY COUNTY DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 236 (House Resolution No. 628-1373). A Resolution. Proposing an amendment to the Constitution so as to create the Brantley County Development Authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section VII, Paragraph V of the Constitution is hereby amended by adding at the end thereof the following: There is hereby created a body corporate and politic to be known as the `Brantley 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 Brantley County. The County of Brantley may contract with the Authority as a public corporation as provided by the Constitution of Georgia. Created. The Authority shall consist of eight members who shall have such control, duties, powers and authority as are hereby conferred and as may be prescribed or provided for by the General Assembly of Georgia, and such additional powers as may be delegated to the Authority by the County of Brantley. Members of the Authority shall be residents of Brantley County. The first appointments shall be for terms of one, two, three and four years. Thereafter all terms and appointments, except in case of a vacancy, shall be for four years. The General Assembly shall provide for appointment of members of the Authority. The Authority shall elect a chairman, vice-chairman and a secretary-treasurer. The secretary-treasurer shall not be required to be a member of the Authority. Members, etc.

Page 1732

All lands and improvements thereon the title to which is vested in the Authority, and all debentures and revenue-anticipation certificates issued by the Authority, shall be exempt from State and local taxation. The tax exemption herein provided shall not include an exemption from sales and use taxes on property purchased by the Authority or for the use of the Authority. Taxes. Said Authority is created for the purpose of developing for the public good and general welfare industry, agriculture, commerce, natural resources, and vocational training and the making of long-range plans for the coordination of such development, promotion and expansion, within its territorial limits. The Authority shall not be empowered or authorized in any manner to create a debt as against the State of Georgia, or the County of Brantley. The Authority is created for non-profit purposes and all property acquired by the Authority and any funds realized by the Authority shall be used continually and exclusively for the purpose for which the Authority is created. Purpose, etc. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: YES () NO () Shall the Constitution be amended so as to create the Brantley 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. Approved April 10, 1968. EFFINGHAM COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 237 (House Resolution No. 632-1401). A Resolution. Proposing an amendment to the Constitution so as to create the Effingham County Industrial Development Authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section VII, Paragraph V of the Constitution is hereby amended by adding at the end thereof the following: A. There is hereby created a body corporate and politic to be known as the Effingham County Industrial Development 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 said body may contract and be contracted with, sue and be sued, plead and be impleaded, and complain and defend in all courts of law and equity. Created.

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B. The Authority shall be composed of eight members as follows. One member shall be a resident of the City of Rincon appointed by the governing authority of said City; one member shall be a resident of the City of Springfield appointed by the governing authority of said City; one member shall be a resident of the City of Guyton appointed by the governing authority of said City; and five members shall be residents of Effingham County who reside within each of the five Militia Districts of said County to be appointed by the governing authority of Effingham County. The members of the Authority shall serve for terms of office concurrent with the terms of office of the members of the governing authorities appointing them. The first members shall be appointed as provided therein, to take office on January 1, 1969. In the event a vacancy occurs in the membership of the Authority by death, resignation, removal of residence from which appointed or otherwise, the appointing authority shall fill the same for the unexpired term. Before assuming their duties of office, each member shall take an oath before an officer duly authorized to administer oaths that he will truly and faithfully perform the duties of a member of the Authority. Members, etc. C. As used in this amendment 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 Effingham County Industrial Development Authority. (2) The word `project' shall be deemed to mean and include the acquisition of lands, properties and improvements for development, expansion and promotion of industry, commerce, agriculture, natural resources and vocational training; the construction of buildings and plans for the purpose of selling, leasing or renting such structures to private persons, firms or corporations. (3) The term `cost of project' shall embrace the cost of construction, the cost of all 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 and for one year after completion of construction, cost of engineering, 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. D. Effingham County is hereby expressly authorized to enter into contracts with the Authority as a public corporation. Contracts. E. A majority of members of the Authority shall constitute a quorum for the transaction of the ordinary business of the Authority, but any action with respect to any project of the Authority shall be approved by not less than a majority vote of the total membership of the Authority. Quorum, etc. F. The Authority shall have the following powers: (1) To have a seal and alter the same at pleasure. (2) To acquire, hold and dispose of personal property, including the stock of other corporations, for its corporate purposes. Powers. (3) To enter into contracts with Effingham County. (4) 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 liens or easements therein or franchises necessary or convenient for its corporate purposes, and to use the same, and to lease or make contracts with respect to the use of or dispose of same in any manner the Authority deems to its best advantage. If the Authority shall deem it expedient to construct any project or use any project already constructed on lands, the title to which shall then be in Effingham County, the governing authority of Effingham County is hereby authorized, in its discreation, to convey title to such lands, including any improvements thereon, to the Authority.

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(5) To appoint and select officers, agents, and employees including engineers, architects, builders, and attorneys, and to fix their compensation. (6) To make contracts, and to execute all instruments necessary or convenient, including contracts for construction of projects and leases and rentals and sale of projects, or contracts with respect to the use of projects which it erects or acquires. (7) To construct, erect, acquire, own, repair, remodel, maintain, extend, improve, equip, operate and manage projects, self-liquidating or otherwise, located on property owned or leased by the Authority, and to pay the cost of any such project from the proceeds of revenue-anticipation certificates of the Authority or from any grant from the County of Effingham, or from any contribution or loans by persons, firms or corporations, all of which the Authority is hereby authorized to receive and accept and use. (8) To borrow money for any of its corporate purposes and to execute notes, mortgages, deeds to secure debt, trust deeds and such other instruments as may be necessary or convenient to evidence and secure such borrowing. The Authority shall further have the power to borrow money from any agency, department, commission, bureau or institution of the State of Georgia or of the United States. (9) 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 and laws of the State of Georgia. (10) To do all things necessary or convenient to carry out the powers expressly conferred by this Act. (11) To adopt, alter or repeal its own bylaws, rules and regulations governing the manner in which its business may be transacted and in which the power granted to it

Page 1737

may be enjoyed, as the Authority may deem necessary or expedient in facilitating its business. (12) To issue revenue-anticipation certificates for the purpose of paying all or any part of the cost of any project of the Authority. Such revenue-anticipation certificates 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, p. 761-774), and as subsequently amended, providing for the issuance of revenue-anticipation certificates. (13) Through the use and power of eminent domain, the Authority shall have the right, power, privilege and authority to condemn real property, rights-of-way or easements for the purpose of developing and promoting for the public good and welfare industry within Effingham County, any such condemnation to be conducted in accordance with the laws of the State of Georgia. G. All lands and improvements and personal property the title to which is vested in the Authority, and all debentures, notes, bonds and revenue-anticipation certificates issued by the Authority, and all income earned therefrom by the holders of said evidences of indebtedness, shall be exempt from State and local taxation. The exemption from taxation herein provided shall not include exemption from sales and use taxes on property purchased by the Authority or for use by Authority. Taxes. H. The governing authority of Effingham County is hereby authorized and directed to levy and collect an annual ad valerom tax of two (2) mills for development and promoting industry and is directed to pay to the Authority all funds derived from such levy to be used for the purposes herein set forth. Funds. I. The Authority shall not be empowered or authorized in any manner to create a debt against the State of Georgia or Effingham County. Debts. J. The books and records of the Authority shall be audited at least annually, at the expense of the Authority,

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by a competent auditor. The Authority shall furnish copies of said audit to Effingham County. Audits. 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 Effingham 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, being for the purpose of developing and promoting the public good and the welfare of the County of Effingham and its inhabitants, shall be liberally construed to effect the purposes hereof. Purpose. M. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare industry and trade within the County of Effingham and reducting 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. 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 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 to as to create the Effingham County Industrial Development Authority?

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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 April 10, 1968. HENRY COUNTYTAX TO SUPPORT WATER AUTHORITY, ETC. Proposed Amendment to the Constitution. No. 238 (House Resolution No. 622-1427). A Resolution. Proposing an amendment to the Constitution so as to authorize the governing authority of Henry County to levy a tax not to exceed two mills per dollar on all taxable property located therein for water or water and sewerage purposes and to guarantee payment, in whole or in part of water or water and sewerage revenue bonds issued, from time to time, by the county and the Henry County Water Authority and to otherwise support and maintain the operations of a water or water and sewerage system of Henry County; to provide that this amendment shall be self-enacting and that the General Assembly may grant additional powers not inconsistent with the provisions of this amendment; 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 II of the Constitution is hereby amended by adding at the end thereof the following: The governing authority of Henry County is hereby authorized to levy a tax, in addition to any other tax authorized to be levied, not to exceed two mills per dollar on all taxable property located in said County. The proceeds of such tax shall be appropriated and used for water or water and sewerage purposes and to guarantee payment, in whole or in part, of water or water and sewerage revenue bonds issued, from time to time, by the County and the Henry County Water Authority and to otherwise support and maintain the operations of a water or water and sewerage system of Henry County. This amendment is self-enacting and does not require any enabling legislation for it to become effective; provided, however, the General Assembly may by law grant further and additional powers to Henry County and the Henry County Water Authority not inconsistent with the provisions of this Amendment. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: YES () NO () Shall the Constitution be amended so as to authorize the governing authority of Henry County to levy a tax not to exceed two mills per dollar on all taxable property located in Henry County for water and

Page 1741

water and sewerage purposes and to guarantee payment, in whole or in part, of water or water and sewerage revenue bonds issued, from time to time, by the County and the Henry County Water Authority and to otherwise support and maintain the operations of a water or water and sewerage system 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. 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 April 10, 1968. HENRY COUNTYFORM OF GOVERNMENT Proposed Amendment to the Constitution. No. 239 (House Resolution No. 633-1427). A Resolution. Proposing an amendment to the Constitution, so as to authorize the General Assembly to change the form of government of Henry County; to provide for a county manager; to provide for all matters relative to the foregoing; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

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Be it resolved by the General Assembly of Georgia: Section 1. Article XI, Section I, Paragraph VI of the Constitution is hereby amended by adding at the end thereof the following: The General Assembly is hereby authorized to change the form of government of Henry County and to provide for a county manager and to provide for all matters relative to the foregoing by local law. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: YES () NO () Shall the Constitution be amended so as to authorize the General Assembly to change the form of government of Henry County and to provide for a county manager and to provided for all matters relative to the foregoing by local law? 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

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the result to the Governor, who shall issue his proclamation thereon. Approved April 10, 1968. CHEROKEE COUNTYFIRE PROTECTION DISTRICTS. Proposed Amendment to the Constitution. No. 240 (House Resolution No. 664-1435). A Resolution. Proposing an amendment to the Constitution so as to authorize the governing authority of Cherokee County to establish and administer fire protection 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 Cherokee 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 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 set the date for said election, which shall be held and conducted as are other special elections. The governing authority is also authorized to issue revenue bonds for such purposes as authorized by the Constitution and laws

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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. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, 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 Cherokee County to establish and administer fire protection districts in the unincorporated areas of said county and to levy a tax not to exceed five mills conditioned upon approval of the qualified voters of any such district voting in a special election on such question? 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 April 10, 1968.

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CITY OF SAVANNAHTAXATION. Proposed Amendment to the Constitution. No. 241 (House Resolution No. 665-1435). A Resolution Proposing an amendment to the Constitution, so as to provide the procedure whereby taxes other than ad valorem property taxes may be levied in the City of Savannah and to provide for a subsequent reduction of ad valorem taxes on real and personal property based upon the amount of funds received from such additional tax levies; 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 III of the Constitution of Georgia is hereby amended by adding at the end thereof the following: The Mayor and Aldermen of the City of Savannah, subject to the procedure prescribed hereinafter, are hereby authorized to levy, on a citywide basis any tax which is not expressly prohibited by the Constitution or general laws of Georgia. The procedure provided herein shall not apply to any tax which the Mayor and Aldermen of the City of Savannah were authorized to levy at the time this amendment was submitted for ratification or rejection, nor to any tax they are authorized to levy by general law enacted subsequent to such time. Before any such tax shall be levied, approval therefor must be granted by the voters of the City of Savannah in a referendum election as provided for hereinafter. The Mayor and Aldermen of the City of Savannah shall pass a resolution providing that a particular tax shall be levied. The type of tax, a brief explanation of such tax, and the method under which it is proposed to be levied shall be contained in the resolution. Upon the presentation of such

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resolution to the proper authority, it shall be his duty to issue within thirty days the call for a referendum election to determine whether such resolution shall be approved. The proper authority shall set the date of such an election for a day not less than sixty and not more than ninety days after the date of the issuance of the call, or if the Mayor and Aldermen so direct, he shall set the date of such election for the same date on which the next general election is to be held. The Mayor and Aldermen shall not set the date for such an election for the same date on which there shall be submitted to the electors of Chatham County the question of whether they shall assent to the levying of any tax by the governing authority of Chatham County. The proper authority shall cause the date and purpose of the election and a copy of the resolution to be published once a week for two weeks immediately preceding the date of such election, in the official organ of the City of Savannah or of Chatham County. The ballot shall have written or printed thereon the words: `For approval of the resolution providing for the levying of (insert name of tax). `Against approval of the resolution providing for the levying of (insert name of tax).' If more than one-half of the votes cast on such question are for approval of the resolution, such tax shall be levied; otherwise, such tax shall not be levied. No such tax shall be levied before the beginning of the calendar year immediately succeeding the date of approval by the voters. After any such tax has been levied for one year, the Mayor and Aldermen of the City of Savannah are hereby given the authority to levy or not to levy such tax for any succeeding year, all in the discretion of said Mayor and Aldermen and without the necessity of any further referendum election. When any such tax is levied pursuant to this amendment, the Mayor and Aldermen of the City of Savannah, when fixing the ad valorem tax millage rate each year, shall determine the millage rate without regard to this

Page 1747

amendment. Said officers shall then reduce such millage rate so that the proceeds of the ad valorem tax levy shall be reduced in an amount which shall not be less than an amount equal to 100% of the total amount of funds received in the immediately preceding year from the levy of any tax authorized by this amendment. The provisions of this amendment are not intended to and shall not be construed to limit in any way the obligation of the City of Savannah to levy ad valorem taxes for bond purposes as required by the provisions of Article VII, Section VII, Paragraph II of the Constitution of Georgia. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: YES () NO () Shall the Constitution be amended so as to provide the procedure whereby taxes other than ad valorem property taxes may be levied in the City Savannah and to provide for a subsequent reduction of ad valorem taxes on real and personal property based upon the amount of funds received from such additional tax levies? 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. Approved April 10, 1968. WEBSTER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 242 (House Resolution No. 668-1435). A Resolution Proposing an amendment to the Constitution so as to create the Webster County Industrial Development Authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section VII, Paragraph V of the Constitution is hereby amended by adding at the end thereof the following: A. There is hereby created a body corporate and politic to be known as the `Webster County Industrial Development 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 said body may contract, and be contracted with, sue and be sued, plead and be impleaded, and complain and defend in all courts of law and equity. Created. B. The Authority shall be composed of seven members, four of whom shall be appointed by the governing authority of Webster County, two of whom shall be appointed

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by the Mayor of the City of Preston and one of whom shall be appointed by the Mayor of the City of Weston. The first members shall be appointed for terms of one, two, three, four, five, six and seven years with the governing authority of Webster County appointing members for terms of one, three, four and six years, the Mayor of Preston appointing members for terms of two and five years, and the Mayor of Preston appointing a member for a term of seven years, and all such members shall take office on January 1, 1969. Thereafter successors shall be appointed by the governing authority of the county, the Mayor of Preston and the Mayor of Weston for terms of seven years so that the terms shall remain staggered. In the event a vacancy occurs on the Authority, for any reason, the governing authority of the county or the Mayor, as the case may be, shall appoint a member to serve the unexpired term. The Authority is hereby empowered to elect its own chairman, vice-chairman and secretary from its membership. No member of the governing authority of Webster County, the City of Preston or the City of Weston shall be eligible to serve as a member of said Authority and only residents of Webster County shall be eligible for membership on the Authority. The members of the Authority shall receive no compensation for their service on the Authority. Members, etc. C. As used on this amendment, 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 `Webster County Industrial Development Authority'. Definitions. 2. The word `project' shall be deemed to mean and include the acquisition of lands, properties and improvements for development, expansion and promotion of jobs and payrolls in industry, commerce, agriculture, and natural resources; the construction of buildings and plants or the acquisition of equipment for the purpose of selling, leasing or renting such structures or equipment to private persons, firms or corporations.

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3. The term `cost of project' shall embrace the cost of construction, the cost of all lands, properties, easements, rights and franchises acquired, the cost of machinery and equipment, financing charges, interest prior to and during construction and for one year after completion of construction, cost of engineering, architectural and legal expenses, and plans and specifications and other expenses necessary or incident to determining the feasability 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. The funds the Authority may borrow and the interest paid thereon, for interim or temporary financing for any of the above named items for the use of a designated project, pending the issue and validation of revenue anticipation bonds for such project, shall be considered a `cost of project' which may be paid or repaid from the proceeds of the revenue anticipation bonds authorized herein in paragraph F. 12. D. The County of Webster is expressly authorized to enter into contracts with the Authority as a public corporation. Contracts. E. Any five (5) members shall constitute a quorum for the transaction of the ordinary business of the Authority; however, any action with respect to any project of the Authority must be approved by not less than five (5) affirmative votes. Quorum. F. The Authority shall have powers: 1. To have a seal and alter the same at pleasure. 2. To acquire, hold, and dispose of personal property, including the stock of other corporations, for its corporate purposes. Powers. 3. To enter into contracts for periods of time not in excess of fifty (50) years.

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4. 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 liens or easements therein or franchises necessary or convenient for its corporate purposes, and to use the same, and to lease or make contracts with respect to the use of same or to dispose of same in any manner the Authority deems to its best advantage. If the Authority shall deem it expedient to construct any project or use any project already constructed on lands, the title to which shall then be in the County of Webster, the governing authority of Webster County is authorized in its discretion to convey title to such lands, including any improvements thereon, to the Authority. 5. To appoint and select officers, agents, and employees, including engineers, architects, builders, and attorneys, and to fix their compensation. 6. 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. 7. To construct, erect, acquire, own, repair, remodel, maintain, extend, improve, sell, equip, expand and to operate and manage projects and to pay the cost of any such project from the proceeds of revenue anticipation certificates or bonds or any other income of the Authority, or from any contribution or loans by persons, firms, or corporations, all of which the Authority is hereby authorized to receive and accept and use. 8. To borrow money for any of its corporate purposes and to execute notes, mortgages, deeds to secure debt, trust deeds and such other instruments as may be necessary or convenient to evidence and secure such borrowing. It is specifically provided that in addition to the pledge of revenue from any project for the payment of revenue anticipation bonds and for the benefit of the bondholders, the Authority is authorized to execute mortgages, deeds to secure debts, trust deeds and such other instruments as

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may be necessary or convenient covering the property of any particular project as additional security for the bondholders or such project. 9. 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 the State of Georgia. 10. To do all things necessary or convenient to carry out the powers expressly conferred by this amendment. 11. To adopt, alter or repeal its own bylaws, rules and regulations governing the manner in which its business may be transacted and in which the power granted to it may be enjoyed, as the Authority may deem necessary or expedient in facilitating its business. G. In addition to the purposes for which Revenue Bonds are now permitted by this Constitution to be issued, the Authority, in order to carry out public purposes of this amendment, is hereby authorized to issue Revenue Bonds bearing rate or rates of interest, not exceeding eight per cent (8%) per annum, 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 heretofore or hereafter 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 terms or conditions under which such bonds are issued. Bonds.

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H. The Authority is hereby specifically authorized to purchase or otherwise acquire land and to improve and develop same so as to make said land more desirable for industrial purposes. Such land acquisition and development may be undertaken by the Authority at any time whether or not there is at such time a prospective industry considering the purchase or lease of an industrial site in Webster County. Such land and improvements may be held by the Authority for any length of time it deems desirable, but any sale, lease or other disposition of same when made, shall be subject to the provisions of paragraph I hereof. Powers. I. No moneys derived by the Authority from any source other than gifts and contributions from private individuals, firms or corporations shall at any time be used for entertainment, or promotional expenses. Gifts. J. All projects of the Authority shall be on a selfliquidating basis, and the Authority shall not make gifts, directly or indirectly, to any person, firm or corporation. Powers. 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 Webster County subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property at that time. Property. L. All lands and improvements and personal property the title to which is vested in the Authority, and all debentures, notes, bonds, and revenue anticipation certificates issued by the Authority shall be exempt from State and local taxation. The exemption from taxation herein provided shall not include exemption from sales and use taxes on property purchased by the Authority or for use by the Authority. Taxes. M. 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 Webster. Debts.

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N. The books and records of the Authority shall be audited at least annually, at the expense of the Authority, by a competent auditor. The Authority shall furnish copies of said audit to Webster County, and shall publish same one time in all newspapers printed in Webster County. Audits. O. This amendment, being for the purpose of developing and promoting the public good and the welfare of the County of Webster and its inhabitants, shall be liberally construed to effect the purposes thereof. Construction. P. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare industry and trade within the County of Webster and reducing unemployment to the greatest extent possible, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of these purposes. Purpose. Q. 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 same, and may likewise further regulate the management and conduct of the Authority; provided, however, nothing herein shall be construed so as to authorize the General Assembly to provide by law that the governing authority of Webster County may levy an ad valorem tax to carry out the purposes of this amendment. 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:

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YES () NO () Shall the Constitution be amended so as to create the Webster 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. Approved April 10, 1968. SCREVEN COUNTYTAX TO SUPPORT SYLVANIA-SCREVEN AIRPORT AUTHORITY Proposed Amendment to the Constitution. No. 243 (House Resolution No. 671-1446). A Resolution Proposing an amendment to the Constitution, so as to authorize the governing authority of Screven County to levy a tax not to exceed one mill to be set aside and used by the Sylvania-Screven Airport Authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section IV, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:

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The governing authority of Screven County is hereby authorized to levy a tax on all taxable property therein not to exceed one mill for the purpose of securing a fund to be set aside and used by said authority for the general purposes prescribed in the Act creating said authority. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: YES () NO () Shall the Constitution be amended so as to authorize the governing authority of Screven County to levy a tax not to exceed one mill for the purpose of securing a fund to be set aside and used by the Sylvania-Screven Airport 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 April 10, 1968.

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CRISP COUNTYCORDELE INDUSTRIAL DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 244 (House Resolution No. 674-1450). A Resolution. Proposing an amendment to the Constitution so as to create the Crisp County-Cordele Industrial Development Authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section VII, Paragraph V of the Constitution is hereby amended by adding at the end thereof the following: A. There is hereby created a body corporate and politic to be known as the `Crisp County-Cordele Industrial Development 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 said body may contract and be contracted with, sue and be sued, plead and be impleaded, and complain and defend in all courts of law and equity. Created. B. The Authority shall be composed of five members, one of whom shall be the Chairman of the Commissioners of Roads and Revenues of Crisp County, one of whom shall be the Chairman of the City Commissioners of Cordele, and one of whom shall be the President of the Cordele-Crisp County Chamber of Commerce. The Commissioners of Roads and Revenues of Crisp County shall appoint one member who shall be a resident of Crisp County within or without the city limits of Cordele and shall serve for a term of three years and until his successor is duly appointed and qualified. Thereafter, successors to the initial member appointed by the Commissioners of Roads and Revenues of Crisp County shall serve for three years and until

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their successors are duly elected and qualified. The City Commissioners of Cordele shall appoint one member who shall be a resident of Crisp County within or without the city limits of Cordele and shall serve for a term of two years and until their successors are duly appointed and qualified. Thereafter, successors to the initial member appointed by the City Commissioners shall serve for three years and until their successors are duly elected and qualified. Provided, however, under no circumstances shall the Commissioners of Roads and Revenues of Crisp County or the City Commissioners of Cordele appoint a member of either Commission. In the event a vacancy occurs on the Authority for any reason, the appointing Authority shall appoint a member to serve the unexpired term. The Authority is hereby empowered to elect its own Chairman, Vice-Chairman and Secretary from its members. The members of the Authority shall receive no compensation for their services on the Authority. Members, etc. C. As used in this amendment, 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 Crisp County-Cordele Industrial Development Authority. 2. The word `project' shall be deemed to mean and include the acquisition of lands, properties and improvements for development, expansion and promotion of jobs and payrolls in industry, commerce, agriculture, and natural resources; the construction of buildings and plants or the acquisition of equipment for the purpose of selling, leasing or renting such structures or equipment to private persons, firms or corporation. Definitions. 3. The term `cost of project' shall embrace the cost of construction, the cost of all lands, properties, easements, rights and franchises acquired, the cost of machinery and equipment, financing charges, interest prior to and during construction and for one year after completion of construction, cost of engineering, architectural and legal expenses, and plans and specifications and

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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. The funds the Authority may borrow and the interest paid thereon, for interim or temporary financing for any of the above named items for the use of a designated project, pending the issue and validation of revenue anticipation bonds for such project, shall be considered a `cost of project' which may be paid or repaid from the proceeds of the revenue anticipation bonds authorized herein paragraph G. D. The County of Crisp, the City of Cordele, the State of Georgia and any political subdivision thereof are expressly authorized to enter into contracts with the Authority as a public corporation. Contracts. E. Any three (3) members shall constitute a quorum for the transaction of the ordinary business of the Authority; however, any action with respect to any project of the Authority must be approved by not less than three (3) affirmative votes. Quorum. F. The Authority shall have powers: 1. To have a seal and alter the same at pleasure. 2. To acquire, hold, and dispose of personal property, including the stock of other corporation, for its corporate purposes. Powers. 3. To enter into contracts for periods of time not in excess of fifty (50) years. 4. 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 liens or easements therein or franchises necessary or convenient for its corporate purposes, and to use the same, and to lease or make contracts with respect to the use of same or to dispose

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of same in any manner the Authority deems to its best advantage. If the Authority shall deem it expedient to construct any project or use any project already constructed on lands, the title to which shall then be in the County of Crisp or the City of Cordele, the governing authority of the County of Crisp or City of Cordele is authorized in its discretion to convey title to such lands, including any improvements thereon, to the Authority. 5. To appoint and select officers, agents, and employees, including engineers, architects, builders, and attorneys, and to fix their compensation. 6. 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. 7. To construct, erect, acquire, own, repair, remodel, maintain, extend, improve, sell, equip, expand and to operate and manage projects and to pay the cost of any such project from the proceeds of revenue anticipation certificates or bonds or any other income of the Authority, or from any contribution or loans by persons, firms, or corporations, all of which the Authority is hereby authorized to receive and accept and use. 8. To borrow money for any of its corporate purposes and to execute notes, mortgages, deeds to secure debt, trust deeds and such other instruments as may be necessary or convenient to evidence and secure such borrowing. It is specifically provided that in addition to the pledge of revenue from any project for the payment of revenue anticipation bonds and for the benefit of the bondholders, the Authority is authorized to execute mortgages, deeds, to secure debts, trust deeds and such other instruments as may be necessary or convenient covering property of any particular project as additional security for the bondholders of such project. 9. To exercise any power granted by the laws of the State of Georgia to public or private corporations, performing

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similar functions, which is not in conflict with the Constitution and laws of the State of Georgia. 10. To do all things necessary or convenient to carry out the powers expressly conferred by this amendment. 11. To adopt, alter or repeal its own bylaws, rules and regulations governing the manner in which its business may be transacted and in which the power granted to it may be enjoyed, as the Authority may deem necessary or expedient in facilitating its business. G. In addition to the purposes for which Revenue Bonds are now permitted by this Constitution to be issued, the Authority, in order to carry out public purposes 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 heretofore or hereafter 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 terms or condition under which such bonds are issued. Bonds. H. The Authority is hereby specifically authorized to purchase or otherwise acquire land and to improve and develop same so as to make said land more desirable for industrial purposes. Such land acquisition and development may be undertaken by the Authority at any time whether or not there is at such time a prospective

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industry considering the purchase or lease of an industrial site in the County of Crisp or City of Cordele. Such land and improvements may be held by the Authority for any length of time it deems desirable, but any sale, lease or other disposition of same when made, shall be subject to the provisions of Paragraph J hereof. Property. I. No moneys derived by the Authority from any source other than gifts and contributions from private individuals, firms or corporations shall at any time be used for entertainment or other promotional expenses. Gifts. J. All projects of the Authority shall be on a self-liquidating basis, and the Authority shall not make gifts, directly or indirectly, to any person, firm or corporation. Same. 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 County of Crisp and the City of Cordele in proportion to their respective interest subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property at that time. Property. L. All lands and improvements and personal property, the title to which is vested in the Authority, and all debentures, notes, bonds, and revenue anticipation certificates issued by the Authority shall be exempt from State and local taxation. The exemption from taxation herein provided shall not include exemption from sales and use taxes on property purchased by the Authority or for use by the Authority. Taxes. M. The Authority shall not be empowered or authorized in any manner to create a debt as against the State of Georgia, the County of Crisp or City of Cordele. Debts. N. This amendment, being for the purpose of developing and promoting the public good and the welfare of the County of Crisp, City of Cordele and its inhabitants,

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shall be liberally construed to effect the purposes hereof. Construction. O. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare industry and trade within the County of Crisp and City of Cordele and reducing unemployment to the greatest extent possible, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of these purposes. Purpose. P. The General Assembly may by law further define and prescribe the powers and duties of the Authority and the exercise thereof, and may enlarge and restrict same, and may likewise further regulate the management and conduct of the Authority; provided, however, nothing herein shall be construed so as to authorize the General Assembly to provide by law that the governing authority of the County of Crisp or the City of Cordele may levy an ad valorem tax to carry out the purposes of this amendment. 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 Crisp-County-Cordele 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.

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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. Approved April 10, 1968. CHATTOOGA COUNTY BOARD OF EDUCATION. Proposed Amendment to the Constitution. No. 245 (House Resolution No. 675-1458). A Resolution. Proposing an amendment to the Constitution, so as to change the manner of election and terms of office of the members of the Board of Education of Chattooga County; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VIII, Section V, Paragraph I of the Constitution, as amended by the constitutional amendment ratified at the November, 1960 election and published on page 453 of the Georgia Laws of 1959, is hereby amended by adding a new paragraph at the end of said amendment to read as follows: Notwithstanding any other provisions of the Constitution, at the election for members of the Board of Education of Chattooga County held in 1968, the members from Education District one and five shall each be elected for a term of four (4) years and until their successors are elected and qualified. The members from Education

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Districts two, three, and four shall each be elected for a term of two (2) years and until their successors are elected and qualified. Thereafter, all elections for members of the Board of Education shall be held biennially in the General Election. All future members from the five Education Districts shall be elected for terms of four (4) years and until their successors are elected and qualified. Each member elected shall take office on January 1st of the year following his election. Elections. In the event two or more candidates receive the same number of votes for any such office, the ordinary shall conduct a runoff election in the same manner and within the same time limits as for other runoff elections for county officials. Vacancies on the Board shall be filled as previously provided. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I 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 staggered terms for the members of the Board of Education of Chattooga 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

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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. Approved April 10, 1968. CHATTOOGA COUNTYMOTOR VEHICLE AD VALOREM TAXES. Proposed Amendment to the Constitution. No. 246 (House Resolution No. 676-1458). A Resolution. Proposing an amendment to the Constitution so as to provide that the proceeds of ad valorem taxes collected on motor vehicles by Chattooga County may be used by the governing authority of said county in the same calendar year in which such taxes are collected; 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 provisions of an amendment to the Constitution of 1877, relating to Chattooga County, found in Georgia Laws 1941, p. 35, or of any other provision of this Constitution or any provision of law to the contrary notwithstanding, the proceeds of ad valorem taxes collected on motor vehicles by Chattooga County may be used by the governing authority of said county in the same calendar year in which such taxes are collected and may be

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used for the same purposes for which other ad valorem taxes collected in the immediately preceding calendar year are used. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, 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 proceeds of ad valorem taxes collected on motor vehicles by Chattooga County may be used by the govern-governing authority of said county in the same calendar year in which such taxes are collected? 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 April 10, 1968.

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DOOLY COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 247 (House Resolution No. 678-1464). A Resolution. Proposing an amendment to the Constitution so as to create the Dooly County 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 Dooly County, Georgia, to be known as the Dooly County 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 six members to be elected by the Board of Commissioners of Roads and Revenues for the County of Dooly 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 aforesaid Board of Commissioners shall elect two members for a two-year term, two members for a four-year term, and two 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 aforesaid Board of Commissioners shall promptly elect a person to fill such vacancy for the unexpired term.

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A majority of the members shall constitute a quorum for the transaction of routine business, but no official action may be taken by the Authority without the affirmative vote of a majority of the membership of the Authority. The Authority shall have power to elect their own Chairman, Assistant Chairman, Treasurer and Secretary from its membership and such other officers as the Authority deems necessary or desirable. No member of the aforesaid Board of Commissioners may be a member of said Authority and only residents of Dooly County, 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; 2. To borrow money, to issue notes and revenue bonds, to execute trust agreements or indentures, and to sell, convey, lease, encumber, pledge and assign any and all of its funds, property, and income as security therefor; Powers. 3. To contract with any political subdivision of the State of Georgia, and with the State of Georgia, and with the United States of America, or with any department or agency of any of them, and with private persons and corporations. 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 Dooly County, Georgia, so as to relieve insofar as possible unemployment within its boundaries, and to that end to acquire by purchase or gift any building or structure within the limits of said county suitable for and intended for use as a factory, mill, shop, processing plant, assembly plant, or fabricating plant including all necessary

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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, or buildings or other structures and facilities useful or desirable in connection therewith, 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 subvisions 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; 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 bylaws, rules and regulations governing the manner in which its business

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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 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 Dooly County, Georgia. 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. 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 may be issued bearing rate or rates of interest and maturing at the year and amounts determined by the Authority, and when so authorized, the procedure for validation, issuance and delivery shall be in all respects in accordance with the Revenue Bond Law (Ga. L. 1937, p. 761), as amended, as if said obligation had been originally authorized to be issued thereunder. 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, including the creation of any security interest in any equipment or other property of the Authority, as security for any lawful debt of the Authority. Bonds. F. The Authority shall not be empowered or authorized in any manner to create any debt, liability or obligation against the State of Georgia, or County of Dooly. Debts. G. 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

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shall revert to Dooly County, Georgia, subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property at that time. Property. H. This amendment, being for the purpose of developing and promoting the public good and the welfare of Dooly County, Georgia, and its inhabitants, shall be liberally construed to effect the purposes hereof. Construction. I. 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. J. Any project of the Authority shall be restricted to or within the limits of Dooly County, Georgia. Projects. K. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare industry and trade within the County of Dooly and reducing unemployment to the greatest extent possible, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of these purposes. Purpose. L. This amendment shall be effective immediately upon proclamation of its ratification by the Governor and the first members of the Authority shall take office within thirty (30) days after such proclamation. Effective date. M. The General Assembly may by law further define and prescribe the powers and duties of the Authority and the exercise thereof, and may enlarge and restrict the same, and may likewise further regulate the management and conduct of the Authority. General Assembly. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered

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on their journals with the Ayes and Nays taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: YES () NO () Shall the Constitution be amended so as to create the Dooly County Industrial Development Authority; to provide for powers, authority, funds, purposes and procedure connected therewith; to provide for issuing revenue bonds tand 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 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 April 10, 1968.

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HENRY COUNTYINDEBTEDNESS FOR WATER AND SEWERAGE PURPOSES. Proposed Amendment to the Constitution. No. 248 (House Resolution No. 681-1473). A Resolution. Proposing an amendment to Article VII, Section VII, Paragraph I of the Constitution so as to authorize Henry County to incur an additional indebtedness for water and sewerage purposes and evidence same by the issuance of its general obligation water and sewerage bonds in an amount not to exceed seven per centum (7%) of all property within said County subject to taxation for bond purposes, which debt limitation shall be in addition to and separate and distinct from the seven per centum (7%) debt limitation now imposed by the Constitution; to authorize the County to levy taxes without limitation to rate or amount sufficient to pay the principal of and interest on said bonds as same mature; to authorize the levy of taxes to operate and maintain said water and sewerage 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 VII, Section VII, Paragraph I of the Constitution of the State of Georgia is hereby amended by adding at the end thereof the following: Anything in this Constitution to the contrary notwithstanding, Henry County is hereby authorized to incur an additional indebtedness for water and sewerage purposes and evidence the same by the issuance, from time to time, of its direct general obligation water and sewerage bonds, but the aggregate principal amount of such general obligation bonds outstanding at any one time shall not exceed seven per centum (7%) of the assessed value of all taxable property within the County

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subject to taxation for bond purposes. Said debt limitation shall be in addition to and separate from the seven per centum (7%) debt limitation now imposed by Article VII, Section VII, Paragraph I of the Constitution. Nothing herein contained shall limit or otherwise affect the amount of bonds Henry County may issue under said Article VII, Section VII, Paragraph I of the Constitution for other purposes. Said County is hereby authorized to levy taxes without limitation as to rate or amount sufficient to pay the principal of and interest on said bonds as same mature. The issuance or non-issuance of said water and sewerage bonds shall be submitted to the registered, qualified voters of the County for their determination as provided under Article VII, Section VII, Paragraph I of the Constitution and the laws of this State. In addition to the foregoing, the governing authority of Henry County is hereby authorized to levy taxes to pay the cost of operating, maintaining, repairing or otherwise improving the water and sewerage system of said County. The provisions of this amendment are cumulative and are in addition to all other rights and authority which have heretofore been conferred or may hereafter be conferred upon Henry County, under the Constitution and laws of the State of Georgia, including, but not limited to, the right and authority of said County to issue its water and sewerage revenue bonds under the Constitution and the Revenue Bond Law (Ga. Laws 1957, p. 36 et. seq., as amended) amending the law formerly known as the Revenue Certificate Law (Georgia Laws 1937, p. 761 et. seq., as amended). This amendment is self-enacting and does not require any enabling legislation for it to become effective; provided, however, the General Assembly may by law grant further and additional powers to the County not inconsistent with the provisions of this amendment. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, such proposed amendment shall be published

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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 Henry County to issue its general obligation water and sewerage bonds and to incur an additional bonded indebtedness for such purpose not to exceed seven per centum (7%) of the assessed value of taxable property therein subject to taxation for bond purposes, which debt limitation shall be in addition to the seven per centum (7%) debt limitation now imposed by this Constitution and to levy taxes without limitation as to rate or amount sufficient to pay the principal of and interest on said bonds as same mature and to levy taxes to pay the cost of operating, maintaining, repairing and improving the water and sewerage system of said County? All persons desiring to vote in favor of adopting the proposed amendment shall do so by voting Yes as to the question propounded and all persons desiring to vote against the adoption of the proposed amendment shall do so by voting No as to the question propounded. If such amendment shall be ratified as provided in said Article XIII, Section I, Paragraph I of the Constitution, as amended, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon. Approved April 10, 1968.

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CITY OF VALDOSTALOWNDES COUNTYAUTHORITY TO CONSOLIDATE AD VALOREM TAX MATTERS. Proposed Amendment to the Constitution. No. 249 (House Resolution No. 682-1473). A Resolution. Proposing an amendment to Article XI, Section I, Paragraph VI of the Constitution of Georgia, so as to delegate to the respective governing authorities of the City of Valdosta and County of Lowndes 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 Valdosta and of the County of Lowndes 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 Valdosta, County of Lowndes and State of Georgia and respecting any and all other matters relating or incident to the same; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article XI, Section I, Paragraph VI of the Constitution of Georgia is hereby amended by adding at the end thereof a new paragraph to read as follows: Provided, however, that notwithstanding any provision of law or of this Constitution to the contrary, the respective governing authorities of the City of Valdosta and the County of Lowndes may, solely by their joint resolution, consolidate, merge and combine the offices, officers and functions of the City and of the County relating to the time, manner and method for the return, collection, property assessment, notice of property assessment,

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hearing, appeal, arbitration or review of property assessment, lien, priority of lien and collection of ad valorem taxes levied by the City of Valdosta and County of Lowndes and State of Georgia, and respecting any and all other matters relating or incident to the same, to specify and provide for the time, method and manner of performing any and all such matters and functions, and, without limitation of the foregoing generality, including the retention, release, or combination of present offices and officers, positions and employees, the election or selection of officers and employees to perform such consolidated and combined tax functions, the compensation and tenure of office and employment of such officers and employees, their classification as officers or employees of either the City or County or both for purposes of compensation coverage and retirement, pension and old-age benefits, the designation of the place or places for the performance of the services and duties connected with or incident to the consolidated and combined tax function between the City and County, and all other related or incident matters; provided, further, however, that the Tax Commission of the County of Lowndes, as elected from time to time pursuant to law applicable to such office, shall be in charge of such combined and consolidated tax office and function, subject, however, to such limitations upon his authority and power as may be imposed by said joint resolution, and such Tax Commissioner shall, except as to matters relating to ad valorem taxation, additionally perform the duties of this office as Tax Commissioner as required by law applicable to that office; provided, further, that in the performance of any and all of the matters herein authorized and relating to ad valorem taxation, due process of law shall be afforded and the right of any person homestead exemptions as provided by law and as related to ad valorem taxes due to the State of Georgia and County of Lowndes shall not be affected hereby or hereunder; provided, further, that the powers herein delegated may be exercised from time to time and either together, separately or in any combination of the same. Provided, however, that such action may be changed, superseded, or revoked by legislative action which Act shall be binding on the

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City and County until subsequently changed by the General Assembly; and provided further nothing herein shall be construed to authorize any change in the ad valorem tax millage limitation prescribed by any legislative Act. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: YES () NO () Shall the Constitution be amended so as to delegate to the respective governing authorities of the City of Valdosta and County of Lowndes 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 Valdosta and the County of Lowndes 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 Valdosta, County of Lowndes and State of Georgia and respecting any and all other matters relating or incident to the same? All persons desiring to vote in favor of 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. Approved April 10, 1968. DECATUR COUNTYBAINBRIDGE INDUSTRIAL DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 250 (House Resolution No. 684-1477). A Resolution. Proposing an amendment to the Constitution so as to create the Decatur County-Bainbridge Industrial Development Authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section VII, Paragraph V of the Constitution is hereby amended by adding at the end thereof the following: A. There is hereby created a body corporate and politic to be known as the `Decatur County-Bainbridge Industrial Development 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 said body may contract and be contracted with, sue and be sued, plead and be impleaded, and complain and defend in all courts of law and equity. Created.

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B. The Authority shall be composed of twelve (12) members, two of whom shall be appointed by the Commissioners of Roads and Revenues of Decatur County, two of whom shall be appointed by the Mayor and Council of the City of Bainbridge, two of whom shall be appointed by the Chairman of the Committee of One-Hundred, two of whom shall be appointed by the Chamber of Commerce of the City of Bainbridge, two of whom shall be appointed by the Junior Chamber of Commerce of the City of Bainbridge, and one of whom shall be appointed by the Citizens Bank and Trust Company, and one of whom shall be appointed by the First State National Bank. The members of the Authority shall be appointed for a term of one year. In the event a vacancy occurs on the Authority for any reason, the appointing Authority shall appoint a member to serve the unexpired term. The Authority is hereby empowered to elect its own Chairman and Vice-Chairman and Secretary from its membership. The members of the Authority shall receive no compensation for their service on the Authority. Members, etc. C. As used in this amendment, 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 Decatur County-Bainbridge Industrial Development Authority. Definitions. (2) The word `Project' shall be deemed to mean and include the acquisition of lands, properties and improvements for development, expansion and promotion of jobs and payrolls in industry, commerce, agriculture, and natural resources; the construction of buildings and plants or the acquisition of equipment for the purpose of selling, leasing or renting such structures or equipment to private persons, firms or corporations. (3) The term `cost of project' shall embrace the cost of construction, the cost of all lands, properties, easements, rights and franchises acquired, the cost of machinery and equipment, financing charges, interest prior to and during construction and for one year after completion

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of construction, cost of engineering, 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. The funds the Authority may borrow and the interest paid thereon, for interim or temporary financing for any of the above named items for the use of a designated project, pending the issue and validation of revenue anticipation bonds for such project, shall be considered a `cost of project' which may be paid or repaid from the proceeds of the revenue anticipation bonds authorized herein in paragraph G. D. The County of Decatur, the City of Bainbridge, the State of Georgia and any political subdivision thereof are expressly authorized to enter into contracts with the Authority as a public corporation. Contracts. E. Any seven (7) members shall constitute a quorum for the transaction of the ordinary business of the Authority; however, any action with respect to any project of the Authority must be approved by not less than seven (7) affirmative votes. Quorum. F. The Authority shall have powers: (1) To have a seal and alter the same at pleasure. (2) To acquire, hold, and dispose of personal property, including the stock of other corporation, for its corporate purposes. Powers. (3) To enter into contracts for periods of time not in excess of fifty (50) years. (4) 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 liens or easements therein or franchises necessary or convenient for its corporate purposes,

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and to use the same, and to lease or make contracts with respect to the use of same or to dispose of same in any manner the Authority deems to its best advantage. If the Authority shall deem it expedient to construct any project or use any project already constructed on lands, the title to which shall then be in the County of Decatur or the City of Bainbridge, the governing authority of the County of Decatur or the City of Bainbridge is authorized in its discretion to convey title to such lands, including any improvements thereon, to the Authority. (5) To appoint and select officers, agents, and employees, including engineers, architects, builders, and attorneys, and to fix their compensation. (6) 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. (7) To construct, erect, acquire, own, repair, remodel, maintain, extend, improve, sell, equip, expand and to operate and manage projects and to pay the cost of any such project from the proceeds of revenue anticipation certificates or bonds or any other income of the Authority, or from any contribution or loans by persons, firms, or corporations, all of which the Authority is hereby authorized to receive and accept and use. (8) To borrow money for any of its corporate purposes and to execute notes, mortgages, deeds to secure debt, trust deeds and such other instruments as may be necessary or convenient to evidence and secure such borrowing. It is specifically provided that in addition to the pledge of revenue from any project for the payment of revenue anticipation bonds tand for the benefit of the bondholders, the Authority is authorized to execute mortgages, deeds, to secure debts, trust deeds and such other instruments as may be necessary or convenient covering

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the property of any particular project as additional security for the bondholders of such project. (9) 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 the State of Georgia. (10) To do all things necessary or convenient to carry out the powers expressly conferred by this amendment. (11) To adopt, alter or repeal its own bylaws, rules and regulations governing the manner in which its business may be transacted and in which the power granted to it may be enjoyed, as the Authority may deem necessary or expedient in facilitating its business. G. In addition to the purposes for which Revenue Bonds are now permitted by this Constitution to be issued, the Authority, in order to carry out public purposes 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 heretofore or hereafter 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 terms or condition under which such bonds are issued. Bonds. H. The Authority is hereby specifically authorized to purchase or otherwise acquire land and to improve and

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develop same so as to make said land more desirable for industrial purposes. Such land acquisition and development may be undertaken by the Authority at any time whether or not there is at such time a prospective industry considering the purchase or lease of an industrial site in Decatur County. Such land and improvements may be held by the Authority for any length of time it deems desirable, but any sale, lease or other disposition of same when made, shall be subject to the provisions of Paragraph J hereof. Property. I. No moneys derived by the Authority from any source other than gifts and contributions from private individuals, firms or corporations shall at any time be used for entertainment or other promotional expenses. Gifts. J. All projects of the Authority shall be on a self-liquidating basis, and the Authority shall not make gifts, directly or indirectly, to any person, firm or corporation. Projects. 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 County of Decatur or the City of Bainbridge in proportion to their respective interests therein, subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property at that time. Property. L. All lands and improvements and personal property, the title to which is vested in the Authority, and all debentures, notes, bonds, and revenue anticipation certificates issued by the Authority shall be exempt from State and local taxation. The exemption from taxation herein provided shall not include exemption from sales and use taxes on property purchased by the Authority or for use by the Authority. Taxes. M. The Authority shall not be empowered or authorized in any manner to create a debt as against the State of Georgia, the County of Decatur, or City of Bainbridge. Debts.

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N. This amendment, being for the purpose of developing and promoting the public good and the welfare of the County of Decatur and its inhabitants, shall be liberally construed to effect the purposes hereof. Construction. O. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare industry and trade within the County of Decatur and City of Bainbridge and reducing unemployment to the greatest extent possible, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of these purposes. Purpose. P. The General Assembly may by law further define and prescribe the powers and duties of the Authority and the exercise thereof, and may enlarge and restrict same, and may likewise further regulate the management and conduct of the Authority; provided, however, nothing herein shall be construed so as to authorize the General Assembly to provide by law that the governing authority of the County of Decatur or City of Bainbridge may levy an ad valorem tax to carry out the purposes of this amendment. 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 Decatur County-Bainbridge Industrial Development Authority?

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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 April 10, 1968. RICHMOND COUNTYAUTHORITY OF GENERAL ASSEMBLY TO CONSOLIDATE GOVERNMENTS. Proposed Amendment to the Constitution. No. 251 (House Resolution No. 686-1477). A Resolution. Proposing an amendment to the Constitution, so as to provide that the General Assembly shall have the power, by local act, to create, designate, vest powers and duties, set terms and compensation, establish functions, combine and consolidate municipal and county public agencies, departments, boards, bureaus, commissions, and governing authorities within Richmond County; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article XI, Section I, Paragraph VII, of the Constitution, relating to counties and municipal corporations, is hereby amended by adding a new Paragraph to said Section as follows:

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Any other provision of this Constitution notwithstanding, the General Assembly shall have power, by local act or acts, to create, designate, vest powers and duties, set terms and compensation, establish other and different municipal, county or combined governments, governing authorities, political subdivisions, public agencies, courts, offices, officers, boards, bureaus, departments, commissions, and authorities within the limits of Richmond County; to abolish municipal, county or combined governments, governing authorities, political subdivisions, public agencies, courts, offices, officers, boards, bureaus, and authorities now or hereafter existing within the limits of Richmond County; to create, transfer or combine and consolidate any or all of the several powers, authorities, duties, liabilities and functions, which now or hereafter by the Constitution of Georgia or by other provisions of law, may be vested in any municipal or county or combined government, governing authority, political subdivision, public agency, court, office, officer, board, bureau, department, commission or authority now or hereafter existing within the limits of Richmond County; to create two or more taxing districts within the limits of Richmond County so as to permit different rates of taxation where services rendered in such districts vary; to authorize the transfer of government property to any combined or consolidated government; to provide for the preservation of all existing civil service, pension and retirement rights, to provide for the assumption of obligations including any bonded indebtedness and any indebtedness under the Georgia Revenue Bond Law outstanding against any existing government, governing authority, political subdivision or public agency within Richmond County by any appropriate successor; and to provide for methods and procedures to effectuate the same. Provided however, nothing herein contained shall be construed as authorizing the General Assembly to: 1. Abolish any State or County court or the office of Sheriff of Richmond County; or

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2. Alter the status of the Richmond County Board of Education or any constitutional provision by which any such named agency was authorized or preserved. 3. Impair or diminish any civil service pension and retirement rights existing at the time of the ratification of this amendment. 4. 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 applicable to the designated courts, offices, officers, boards and commissions which are presently serving the entire area shall be construed as prohibiting the General Assembly from adding to or increasing the functions of the public offices, officers or agencies herein next above described, nor from merging the functions and jurisdiction of municipal courts and state courts nor from exercising any legislative control with respect thereto which existed prior to the adoption of this paragraph. Provided, further, that any new combined or consolidated government shall 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. The General Assembly in enacting legislation under this authority, shall make the effectiveness thereof contingent upon its approval by a majority of the qualified voters of the unincorporated areas of Richmond County who are affected thereby and a majority of the qualified voters of the incorporated areas of Richmond County

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affected thereby who vote at public referenda to be held as shall in such legislation be prescribed. 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 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 as said General Assembly may determine. 4. Are cumulative of all other powers not 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 to provide that the General Assembly shall have the power, by local act, to create, designate, vest powers and duties, set terms and compensation, establish functions, combine and consolidate municipal and county public agencies, departments, boards, bureaus, commissions, and governing authorities within Richmond County? All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the

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amendment and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon. Approved April 10, 1968. DOUGLAS COUNTYWATER, SANITATION, SEWERAGE AND FIRE PROTECTION DISTRICTS. Proposed Amendment to the Constitution. No. 252 (House Resolution No. 687-1477). A Resolution. Proposing an amendment to the Constitution so as to authorize the governing authority of Douglas County to establish water, sanitation, sewerage and fire protection districts within the unincorporated areas of Douglas County and within the corporate limits of the municipalities located in said county with the approval of the governing authorities of said municipalities; to provide that said governing authority may administer water, sanitation, sewerage and fire protection systems in said districts; to provide that said governing authority may levy taxes, issue bonds and revenue bonds to operate, maintain and administer such districts and systems; to provide what property shall be taxed for such purposes; to provide for the right of eminent domain; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

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Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section VII, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following: The governing authority of Douglas County is hereby given the authority and power to establish and administer within the unincorporated areas of Douglas County, and within the corporate limits of the municipalities located within said county, as hereinafter provided, 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 an area of another 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 system; 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 govern-authority of Douglas County, and only those voters residing in such district shall participate in such election held for that purpose. Any other provision of this Constitution to the contrary notwithstanding, the governing authority of said county may issue bonds in an amount up to seven percent (7%) of the assessed valuation of the property located therein subject to taxation for bond purposes and

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any such bonds issued in and for any such district shall not affect the amount of bonds Douglas 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 Douglas County 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, and any revenue bonds 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. Subject to the approval of the governing authority of any incorporated municipality located within Douglas County, the water, sanitation, sewerage and fire protection districts authorized to be created, as hereinabove provided, may be created within the corporate limits of any such municipality, and if such districts are created within such municipalities, all provisions relating to the creation of such districts within the unincorporated areas of said County, as hereinabove provided, shall apply to the districts created within the corporate limits of such municipalities. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, 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 governing authority of Douglas County to establish water, sanitation, sewerage and fire protection districts within the unincorporated areas of Douglas County and within the corporate limits of the municipalities located in said County with the approval of the governing authorities of said municipalities to provide that said governing authority may administer water, sanitation, sewerage and fire protection systems in said districts; to provide that said governing authority may levy taxes, issue bonds and revenue bonds to operate, maintain and administer such districts and systems; to provide what property shall be taxed for such purposes; to provide for the right of eminent domain? 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 April 10, 1968.

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COCHRAN-BLECKLEY SCHOOL SYSTEM. Proposed Amendment to the Constitution. No. 256 (Senate Resolution No. 194). A Resolution. Proposing an amendment to the Constitution, so as to create the Cochran-Bleckley School System by merging the independent school system of the City of Cochran and the county school system of Bleckley 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 Cochran-Bleckley School System by merging the independent school system of the City of Cochran and the county school system of Bleckley County. Created. There is hereby created the board of education of the Cochran-Bleckley School System. Said board shall be composed of five (5) members as follows: two (2) members shall be residents of the City of Cochran; two (2) members shall be residents of the county outside the corporate limits of the City of Cochran; and one member shall be from the County at Large. All members shall be elected by the voters of the entire county. Members. 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 Cochran and the board of education thereof, and the county school system of Bleckley County and the board of education thereof,

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shall continue to exist until July 1, 1969, on which date the Cochran-Bleckley School System and the board of education thereof shall come into existence. Effective date. The board shall elect the school superintendent of the Cochran-Bleckley School System. The school superintendent of the independent school system of the City of Cochran and the county school superintendent of the county school system of Bleckley County shall continue to serve as such and such offices shall continue to exist until July 1, 1969, upon which date the office of school superintendent of the Cochran-Bleckley School System shall come into existence. The duly elected county school superintendent of Bleckley County shall continue to serve as the superintendent of the Cochran-Bleckley School System until July 1, 1970, after which time the board shall elect the school superintendent. Superintendent. The governing authority of Bleckley 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. Taxes. The General Assembly shall provide by local law for all matters relative to the Cochran-Bleckley School System, the board of education thereof, and the superintendent thereof. The General Assembly may provide in such local law that such provisions of general law as deemed advisable, relative to county boards of education, 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 Cochran-Bleckley School System. Even though the merged system and the board and superintendent thereof shall not replace the present systems, boards

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and superintendents until July 1, 1969, 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. 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 Cochran-Bleckley School System by merging the independent school system of the City of Cochran and the county school system of Bleckley 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. Approved April 10, 1968.

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FLOYD COUNTY BOARD OF EDUCATIONSTAGGERED TERMS OF MEMBERS. Proposed Amendment to the Constitution. No. 257 (Senate Resolution No. 207). A Resolution. Proposing an amendment to the Constitution so as to provide for staggered terms for the members of the County Board of Education of Floyd County; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VIII, Section V, Paragraph I of the Constitution, relating to county boards of education, as amended by an amendment relating to the County Board of Education of Floyd County, ratified at the General Election of 1952, and found in Georgia Laws 1952, p. 605, is hereby amended by adding at the end of aforesaid 1952 amendment a new paragraph to read as follows: At the November General Election in 1968 the members of the Board of Education of Floyd County elected from school board districts number 1 and 4 shall be elected for two year terms. The members from school board districts number 2, 3 and 5 shall be elected for four year terms. All such members shall take office on January 1, 1969 and shall serve for the term for which elected and until their successors are elected and qualified. Future successors shall be elected at the November General Election in the year in which terms expire and shall serve for terms of four years and until their successors are elected and qualified. Such successors shall take office on the first day of January immediately following their election. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the

Page 1799

General Assembly, 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 staggered terms for the members of the County Board of Education of Floyd 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 Asembly, and it shall be 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 April 10, 1968.

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JACKSON COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 258 (Senate Resolution No. 209). A Resolution. Proposing an amendment to the Constitution so as to create the Jackson County Industrial Development Authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section VII, Paragraph V of the Constitution is hereby amended by adding at the end thereof the following: A. There is hereby created a body corporate and politic in Jackson County, Georgia, to be known as the Jackson County 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 be composed of five members to be appointed by the governing authority of Jackson County. The first members shall be appointed for terms of one, two, three, four and five years as shall be specified by the governing authority of the county and such members shall take office on January 1, 1969. Thereafter successors shall be appointed by the governing authority of the county for terms of five years so that the terms shall remain staggered. In the event a vacancy occurs on the Authority, for any reason, the governing authority of the county shall appoint a member to serve 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 the total membership of the Authority. The Authority is hereby

Page 1801

empowered to elect its own chairman, vice chairman and secretary from its membership. No member of the governing authority of Jackson County shall be eligible to serve as a member of said Authority and only residents of Jackson County shall be eligible for membership on the 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; 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; Powers. 3. To contract with Jackson County 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; 4. To exercise any power granted by the laws of the State of Georgia to any public or private corporations 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 County of Jackson, 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 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

Page 1802

of an existing building and remodeling, renovating, reconstructing, furnishing and equipping of such buildings; 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 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; 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 bylaws, rules and regulations governing the manner in which its business may be transacted, as the Authority may deem necessary or expedient in facilitating its business. D. 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 Jackson County. The exemption from taxation herein provided shall not include the exemption

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from sales and use taxes on property purchased by the Authority or for use by the Authority. Taxes. E. 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 and in accordance with the applicable provisions of the laws of Georgia, as though such bonds had orginally 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 the lawful debt of the Authority. Bonds. F. The Authority shall not be empowered or authorized in any manner to create any debt, liability or obligation against the State of Georgia or Jackson County, Georgia. Debts. G. 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 Jackson County, subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property at that time. Property. H. This amendment, being for the purpose of developing and promoting the public good and the welfare of Jackson County, Georgia, and its inhabitants, shall be liberally construed to effect the purposes hereof. Construction. I. 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

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court shall not affect or impair any of the remaining provisions. Severability. J. Any project of the Authority shall be restricted to or within the limits of Jackson County, Georgia. Projects. K. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare industry and trade within the County of Jackson and reducing unemployment to the greatest extent possible, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of these purposes. Construction. 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 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 Jackson 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

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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. Approved April 11, 1968. CREATION OF SPECIAL COURT IN HOUSTON COUNTY. Proposed Amendment to the Constitution. No. 260 (Senate Resolution No. 250). A Resolution. Proposing an amendment to the Constitution, so as to authorize the General Assembly to create a special court in Houston 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 IX, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following: The General Assembly is authorized to create within Houston County a special court and to invest such court with jurisdiction and powers as the General Assembly may provide. The General Assembly shall provide by law for the jurisdiction, personnel, juries, practice and procedure within said court and for the manner and method of the correction of errors through direct appeals to the Court of Appeals and Supreme Court and the granting of new trials. Said court may be established without regard to the provisions of this Paragraph requiring uniformity of judicial tribunals.

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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 create a special court in Houston 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. Approved April 10, 1968.

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HOUSTON COUNTY BUILDING COMMISSION. Proposed Amendment to the Constitution. No. 262 (Senate Resolution No. 261). A Resolution. Proposing an amendment to the Constitution, so as to create the Houston County Building Commission; to provide for the powers, authority, limitations, funds, purposes and procedures connected with said commission; to authorize the commission to issue bonds and to provide a method and manner of such issuance and validation and effect thereof; 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 VI, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following: 1. Houston County Building Commission Created . There is hereby created a public body corporate and politic to be known as the Houston 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 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 cities of Centerville, Perry and Warner Robins and Houston County for their government proprietary, and administrative functions and said cities and Huston 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 seven members to be composed as hereinafter provided. The

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chairman of the governing authority of Houston County shall ex officio be a member of the Commission. The mayor of the City of Centerville shall ex officio be a member of the Commission. The mayor of the City of Perry shall ex officio be a member of the Commission. The mayor of the City of Warner Robins shall ex officio be a member of the Commission. The additional three members of the Commission shall be appointed by the governing authority of Houston County. Such members shall be residents of Houston County and shall serve for terms of office of four years and until their successors are duly elected and qualified. However, the initial appointments shall be made in such a manner that one member appointed by the governing authority of Houston County shall serve for an initial term of office of four years, and the additional two members shall serve for an initial term of office of two years. Any vacancy on the Commission other than the ex officio members 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. Five 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 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

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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 Houston 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 hereinbefore mentioned cities and Houston County 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 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

Page 1810

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 hereinbefore mentioned cities and Huston County or either of them; and without limiting the generality of the foregoing, authority is specifically granted to the said cities 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 said cities and Houston County may enter into lease contracts and relating agreements for the use of any structure, building, or facility or a combination of two or more structures, buildings, or facilities of the commission for 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 sum agreed to the 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 otherized to make the term of such contract

Page 1811

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 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;

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(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 (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 desiginated 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

Page 1813

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., Chp. 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 Cities of Warner Robins, Perry, and Centerville, or Houston 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 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 cities 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 and municipalities 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

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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 obligator 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 fullfill 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 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

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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 Houston 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 Commission shall be confirmed and validated in the Superior Court of Houston 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 all respects valid and binding upon such contracting parties. It shall be incumbent upon such defendants to defend against

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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 Houston 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 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

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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 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;

Page 1818

(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 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;

Page 1819

(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 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 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

Page 1820

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. 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

Page 1821

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 Houston 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 Houston County or to the Cities of Warner Robins, Perry or Centerville in such manner that the interest conveyed to each shall 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 as may be agreed upon by said cities and Houston 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.

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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 create the Houston 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? 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 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 April 10, 1968. CLARKE COUNTYCITY OF ATHENSTAXATION. Proposed Amendment to the Constitution. No. 267 (House Resolution No. 529-1156). A Resolution. Proposing an amendment to the Constitution so as to provide the procedure where taxes other than ad valorem property taxes may be levied by Clarke County and the City of Athens, and to provide for a subsequent reduction of ad valorem taxes on real and personal property based upon

Page 1823

the amount of funds received from such additional tax levies; 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 III of the Constitution of Georgia is hereby amended by adding at the end thereof the following: The governing authorities of Clarke County and the City of Athens, subject to the procedure prescribed hereinafter, are hereby authorized to levy, within their respective jurisdictions, any tax in Clarke County and the City of Athens which is not expressly prohibited by the Constitution or general laws of Georgia. The procedure provided herein shall not apply to any tax which the governing authorities of Clarke County and the City of Athens were authorized to levy at the time this amendment was submitted for ratification or rejection, nor to any tax which said governing authorities may hereafter be authorized to levy by general law enacted subsequent to such time. Before any such tax shall be levied, approval therefor must be granted by the voters of Clarke County, or the voters of the City of Athens, as the case may be, in a referendum election as provided for hereinafter. The governing authority of Clarke County or the City of Athens, as the case may be, must pass a resolution or ordinance providing that a particular tax shall be levied. The type of tax, a brief explanation of such tax, and the method under which it is proposed to be levied must be contained in the resolution or ordinance. Upon the presentation of such resolution or ordinance to the Ordinary of Clarke County, or to the person responsible for calling elections for the City of Athens, as the case may be, it shall be his duty to issue within thirty days the call for a referendum election to determine whether such resolution shall be approved. The ordinary, or city election official, shall set the date of such an election for a day not less than sixty and not more than ninety days after the date of the issuance

Page 1824

of the call, or if the governing authority of the county or the city, as the case may be, so directs, he shall set the date of such election for the same date on which the next general election is to be held. The ordinary or city election official shall cause the date and purpose of the election and a copy of the resolution or ordinance to be published once a week for three weeks immediately preceding the date of such election in the official organ of Clarke County. The ballot shall have written or printed thereon the words: `For approval of the (resolution) (ordinance) providing for the levying of (insert name of tax). `Against approval of the (resolution) (ordinance) providing for the levying of (insert name of tax).' If more than one-half of the votes cast on such question are for approval of the resolution or ordinance, such tax shall be levied; otherwise, such tax shall not be levied. No such tax shall be levied before the beginning of the calendar year immediately succeeding the date of approval thereof by the voters. After any such tax has been levied for one year, the governing authority of Clarke County or the City of Athens, as the case may be, is hereby given the authority to levy or not levy such tax for any succeeding year, all in the discretion of said governing authority and without the necessity of any further referendum election. When any such tax is levied pursuant to this amendment, the governing authority of Clarke County or the City of Athens, as the case may be, when fixing the ad valorem tax millage rate each year, shall determine the millage rate without regard to this amendment. Said governing authority shall then reduce such millage rate so that the proceeds of the ad valorem property tax levy shall be reduced in an amount which shall not be less than an amount equal to 100% of the total amount of funds received in the immediately preceding year from the levy of any tax authorized by this amendment.

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The provisions of this amendment are not intended to and shall not be construed to limit in any way the obligation of Clarke County or the City of Athens to levy ad valorem taxes for bond purposes as required by the provisions of Article VII, Section VII, Paragraph II of the Constitution of Georgia. The jurisdiction of Clarke County includes the entire territory embraced within the territorial limits of Clarke County including the City of Athens and any other incorporated municipality located therein. The jurisdiction of the City of Athens includes only that territory embraced within the corporate limits of the City of Athens as the same are now or may hereafter be defined in accordance with applicable laws. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, 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 the procedure whereby taxes other than ad valorem property taxes may be levied by Clarke County and the City of Athens and to provide for a subsequent reduction of ad valorem taxes on real and personal property based upon the amount of funds received from such additional tax levies? 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 1826

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 April 11, 1968. CITY OF ATLANTAHISTORIC ZONE. Proposed Amendment to the Constitution. No. 268 (House Resolution No. 713-1512). A Resolution. Proposing an amendment to the Constitution so as to authorize the governing authority of the City of Atlanta to establish an historic zone within a designated area of the City; to provide that inclusion of property within such zone shall not of itself constitute exemption from taxation; to provide for the enactment of planning and zoning ordinances to promote the educational, cultural, economic and general welfare of the City of Atlanta by preserving and protecting historic buildings, places and districts, and to promote the general welfare through the benefits resulting to the economy of the City of Atlanta in developing and maintaining its tourism industry; to provide for the definition of the term Historic Zone; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article XI of the Constitution is hereby amended by adding at the end thereof the following: The governing authority of the City of Atlanta is authorized to establish an historic zone in the City within

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the following described area, to wit: Beginning at the intersection of Hunter and Spring Streets; running thence in a northeasterly direction along Spring Street to its intersection with the northeasterly right-of-way line of the Georgia Railroad; thence southeasterly along said Railroad right-of-way line to its intersection with Central Avenue; thence running in a general southwesterly direction along Central Avenue to its intersection with Hunter Street; thence running northwesterly along Hunter Street to its intersection with Spring Street at the point of beginning. The purposes of such planning and zoning ordinances shall be to promote the education, cultural, economic welfare of the City of Atlanta by preserving and protecting historic buildings, places, and districts, and to promote the general welfare through the benefits resulting to the economy of the City of Atlanta in developing and maintaining its tourism industry. As used herein, an historic zone is a district or area within which the buildings, structures, appurtenances and places are of basic and vital importance for the development and maintenance of the community's tourism industry, its culture and for the protection of property values because of their association with history; because of their unique architectural style and scale, including color, proportions, form and architectural details; or because of their being a part of or related to an area, the design or general arrangement of which should be preserved and/or developed according to a fixed plan based on economic, cultural, historical or architectural motives or purposes. Section 2. When the proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, 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 by Article XIII, Section I, Paragraph I of the Contitution of Georgia of 1945, as amended.

Page 1828

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 the City of Atlanta to establish historic zones within a designated area of the City of Atlanta and enact appropriate planning and zoning ordinances applicable 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 of members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon. Approved April 11, 1968. CITY OF BLUE RIDGE INDUSTRIAL DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 270 (House Resolution No. 722-1544). A Resolution. Proposing an amendment to the Constitution so as to create the City of Blue Ridge 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

Page 1829

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 Blue Ridge, Georgia, to be known as the City of Blue Ridge 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 Blue Ridge, 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 Blue Ridge, 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 Blue Ridge, Georgia, may be a member of said Authority and only residents of the City of Blue Ridge, 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:

Page 1830

1. To sue and be sued, to receive and administer gifts, grants and donations and administer trusts; 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; Powers. 3. To contract with the City of Blue Ridge 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; 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 Blue Ridge 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 land and appurtenances thereto, and all necessary or useful furnishings, machinery and equipment. Such acquisition may be through the acquisition of land and the construction thereon of a building, including the demolition of existing structures, or through the acquisition of an existing building and 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 costs of operating and maintaining the building or

Page 1831

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; 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 Blue Ridge, 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.

Page 1832

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 Blue Ridge. 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 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 Bond 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 Fannin or City of Blue Ridge, 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 Blue Ridge, Georgia, subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property at the time. Property. I. This amendment, being for the purpose of developing and promoting the public good and the welfare of the

Page 1833

City of Blue Ridge, Georgia, and its inhabitants, shall be liberally construed to effect the purposes hereof. Construction. 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 its remaining provisions. Severability. K. Any project of the Authority shall be restricted to or within the city limits of Blue Ridge, Georgia. Projects. 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 Blue Ridge and reducing unemployment to the greatest extent possible, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of these purposes. Purpose. M. This amendment shall be effective immediately upon proclamation of its ratification by the Governor and the first members of the Authority shall take office 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. 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.

Page 1834

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 Blue Ridge 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 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 April 11, 1968. McINTOSH COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 271 (House Resolution No. 723-1549). A Resolution. Proposing an amendment to the Constitution so as to create the McIntosh County Industrial Development Authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

Page 1835

Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section VII, Paragraph V of the Constitution is hereby amended by adding at the end thereof the following: A. There is hereby created a body corporate and politic to be known as the `McIntosh County Industrial Development 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 said body may contract and be contracted with, sue and be sued, plead and be impleaded, and complain and defend in all courts of law and equity. Created. B. The Authority shall be composed of seven members who shall be residents of McIntosh County appointed by the governing authority of said county. The first members of the Authority shall take office on January 1, 1969. The members of the Authority shall serve for terms of office concurrent with the terms of office of the members of the governing authority of McIntosh County. In the event a vacancy occurs in the membership of the Authority by death, resignation or otherwise, the appointing authority shall promptly fill the same for the unexpired term. Before assuming their duties of office, each member shall take an oath before an officer duly authorized to administer oaths that he will truly and faithfully perform the duties of a member of the Authority. Members, etc. C. As used in this amendment 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 McIntosh County Industrial Development Authority. (2) The word `project' shall be deemed to mean and include the acquisition of lands, properties and improvement for development, expansion and promotion of industry, commerce, agriculture, natural resources and

Page 1836

vocational training; the construction of buildings and plans for the purpose of selling, leasing or renting such structures to private persons, firms or corporations. (3) The term `cost of project' shall embrace the cost of construction, the cost of all lands, properties, easements, rights and franchises acquired, the cost of machinery and equipment, financing charges, interest prior to and during construction and for one year after completion of construction, cost of engineering, 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 incidental to the financing herein authorized, the construction of any project and placing the same in operation. D. McIntosh County is hereby expressly authorized to enter into contracts with the Authority as a public corporation. Contracts. E. A majority of members of the Authority shall constitute a quorum for the transaction of the ordinary business of the Authority, but any action with respect to any project of the Authority shall be approved by not less than a majority vote of the total membership of the Authority. Quorum. F. The Authority shall have the following powers: (1) To have a seal and alter the same at pleasure. (2) To acquire, hold and dispose of personal property, including the stock of other corporations, for its corporate purposes. Powers. (3) To enter into contracts with McIntosh County. (4) 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 liens or easements therein

Page 1837

or franchises necessary or convenient for its corporate purposes, and to use the same, and to lease or make contracts with respect to the use of or dispose of same in any manner the Authority deems to its best advantage. If the Authority shall deem it expedient to construct any project or use any project already constructed on lands, the title to which shall then be in McIntosh County, the governing authority of McIntosh County is hereby authorized, in its discretion, to convey title to such lands, including any improvements thereon, to the Authority. (5) To appoint and select officers, agents, and employees including engineers, architects, builders, and attorneys, and to fix their compensation. (6) To make contracts, and to execute all instruments necessary or convenient, including contracts for construction of projects and leases and rentals and sale of projects, or contracts with respect to the use of projects which it erects or acquires. (7) To construct, erect, acquire, own, repair, remodel, maintain, extend, improve, equip, operate and manage projects, self-liquidating or otherwise, located on property owned or leased by the Authority, and to pay the cost of any such project from the proceeds of revenue bonds of the Authority or from any grant from the County of McIntosh, or from any contribution or loans by persons, firms or corporations, all of which the Authority is hereby authorized to receive and accept and use. (8) To borrow money for any of its corporate purposes and to execute notes, mortgages, deeds to secure debt, trust deeds and such other instruments as may be necessary or convenient to evidence and secure such borrowing. The Authority shall further have the power to borrow money from any agency, department, commission, bureau or institution of the State of Georgia or of the United States.

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(9) 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 the State of Georgia. (10) To do all things necessary or convenient to carry out the powers expressly conferred by this Act. (11) To adopt, alter or repeal its own bylaws, rules and regulations governing the manner in which its business may be transacted and in which the power granted to it may be enjoyed, as the Authority may deem necessary or expedient in facilitating its business. (12) To issue 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 and in accordance with the applicable provisions of the Act of the General Assembly of 1937 (Ga. L. 1937, pp. 761-774), and as subsequently amended, providing for the issuance of revenue bonds. (13) Though the use and power of eminent domain, the Authority shall have the right, power, privilege and authority to condemn real property, rights-of-way or easements for the purpose of developing and promoting for the public good and welfare industry within McIntosh County, any such condemnation to be conducted in accordance with the laws of the State of Georgia. G. All lands and improvements and personal property the title to which is vested in the Authority, and all debentures, notes, bonds and revenue bonds issued by the Authority, and all income earned therefrom by the holders of said evidences of indebtedness, shall be exempt from State and local taxation. The exemption from taxation herein provided shall not include exemption from sales and use taxes on property purchased by the Authority or for use by the Authority. Taxation. H. The governing authority of McIntosh County is hereby authorized and directed to levy and collect an

Page 1839

annual ad valorem tax of two (2) mills for developing and promoting industry and is directed to pay to the Authority all funds derived from such levy to be used for the purposes herein set forth. Funds. I. The Authority shall not be empowered or authorized in any manner to create a debt against the State of Georgia or McIntosh County. Debts. J. The books and records of the Authority shall be audited at least annually, at the expense of the Authority, by a competent auditor. The Authority shall furnish copies of said audit to McIntosh County. Audits. 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 McIntosh 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, being for the purpose of developing and promoting the public good and the welfare of the County of McIntosh and its inhabitants, shall be liberally construed to effect the purposes hereof. Construction. M. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare industry and trade within the County of McIntosh and reducing unemployment to the greatest extent possible, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of these purposes. Purpose. 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 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

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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 create the McIntosh 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. Approved April 11, 1968.

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BALDWIN COUNTYREGISTRATION OF MOTOR VEHICLES. Proposed Amendment to the Constitution. No. 272 (House Resolution No. 726-1556). A Resolution. Proposing an amendment to the Constitution so as to provide that the governing authority of Baldwin County shall be authorized to levy an annual registration tax on no more than two motor vehicles in the county owned by any individual or firm on the first day of January of each year; to provide for the payment of such tax no later than April 1 of each year; to designate the tax collector of Baldwin County as the agent of the governing authority of Baldwin County for the purpose of collecting such tax and accepting the motor vehicle registration applications; to provide for penalties; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section I, Paragraph I of the Constitution is hereby amended by striking therefrom the following: D. Annual Registration of Motor Vehicles; Fees; Penalty. The governing authority of Baldwin County shall be authorized to require the annual registration of every motor vehicle in the county and to collect annual fees for registering such motor vehicles not in excess of $4.00 for each registration. All sums derived therefrom shall be used first for the payment of all costs in registering said motor vehicles, and the remainder thereof, if any, shall be deposited in a fund to be used by the Authority for the purposes provided herein. The said governing authority shall be authorized to promulgate and prescribe the forms to be used and rules and regulations necessary to require the annual registration of motor vehicles as

Page 1842

herein set out. Any person, firm or corporation failing to register any motor vehicle required herein to be registered shall be guilty of a misdemeanor and upon conviction thereof shall be punished as provided by law. As used herein, motor vehicles shall include the following: passenger cars, motorcycles, private trucks, farm trucks, private trailers, house trailers, auto trailers, boat trailers, trucks or trailers used as common or contract carriers, leased trucks, hearses, ambulance, earth moving machinery and any other vehicle that is now or may hereafter be required to be licensed with the State Revenue Commissioner or his successor by whatever name called., and inserting in lieu thereof the following: D. Annual Registration of Motor Vehicles; Taxes; Penalty. The governing authority of Baldwin County shall be authorized to require the annual registration of motor vehicles in the county owned by individuals and firms on the first day of January of each year and to levy an annual tax for such registered vehicles of not in excess of $4.00 per vehicle. Said annual registration tax shall apply only to a maximum of two (2) vehicles owned on the first day of January each year by any individual or firm, and shall be due and payable no later than April 1st of each year. Provided, that on and after the second day of April in each year the owner of a motor vehicle who shall have failed to comply with the provisions of this section, shall be deemed and held to be delinquent under the provisions of this section and the registration of such motor vehicle shall on said second day of April and thereafter be subject to the same penalty provided by general law for State motor vehicle registrations. The tax collector of Baldwin County is hereby designated as the agent of the governing authority of Baldwin County for the purpose of collecting such taxes and accepting the motor vehicle registration applications. The tax collector shall not be entitled to receive any additional compensation for performing such services. All sums derived therefrom shall be used first for the payment of all costs in registering said motor vehicles, and the remainder thereof, if any, shall be deposited in a fund to be used by the Authority for the purposes provided herein. The

Page 1843

said governing authority shall be authorized to promulgate and prescribe the forms to be used and rules and regulations necessary to require the annual registration of motor vehicles as herein set out. Any person, firm or corporation failing to register any motor vehicle required herein to be registered shall be guilty of a misdemeanor and upon conviction thereof shall be punished as provided by law. As used herein, motor vehicles shall mean passenger cars and trucks. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, 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 governing authority of Baldwin County shall be authorized to levy an annual registration tax on no more than two motor vehicles in the county owned by any individual or firm; to provide for the payment of such tax no later than April 1 of each year; to provide for a penalty for delinquent registrations; and to provide that the tax collector of Baldwin County shall collect such 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

Page 1844

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 April 11, 1968. TOWN OF WAVERLY HALL DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 273 (House Resolution No. 727-1560). A Resolution. Proposing an amendment to the Constitution, so as to create the Town of Waverly Hall 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: A. There is hereby created a body corporate and politic to be known as the Town of Waverly Hall 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 Town of Waverly Hall. The Town of Waverly Hall may contract with Authority as a public corporation as provided by the Constitution of Georgia. Created.

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B. The Town of Waverly Hall is authorized to levy a tax on all the taxable property therein not to exceed two mills for the purpose of securing a fund to be set aside and used by said Authority for the general purposes thereinafter prescribed. Funds. C. The members of the Authority, their qualifications, terms and methods of election or appointment shall be prescribed by law by the General Assembly. The Authority shall have such duties, powers, and authority as shall be prescribed by law and the General Assembly may pass all other necessary legislation for the implementation of this amendment. General Assembly. D. 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 include exemption from sales and use tax on property purchased by the Authority or for use by the Authority. Taxes. E. Said Authority is created for the purpose of developing, promoting, and expanding, for the public good and general welfare, industry, agriculture, commerce, natural resources, and vocational training and for the making of long-range plans for coordination of such development, promotion and expansion within its territorial limits. The Authority shall not be empowered or authorized in any manner to create a debt against the State of Georgia or the Town of Waverly Hall. The Authority is created for non-profit purposes and all property acquired by the Authority and any funds realized by the Authority shall be used continually and exclusively for the purposes for which the Authority is created. Purpose, etc. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, such proposed amendment shall be published

Page 1846

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 Town of Waverly Hall 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 April 11, 1968. CONSOLIDATION OF GOVERNMENTS OF CITY OF WAYCROSS AND WARE COUNTY. Proposed Amendment to the Constitution. No. 275 (House Resolution No. 730-1585). A Resolution. Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the modification or for the abolishment and consolidation into a single countywide government of the existing governments

Page 1847

of Ware County and the City of Waycross and for all matters relative thereto, provided any law enacted pursuant to such authority is submitted to the people for approval or rejection; 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 provisions of this Constitution to the contrary notwithstanding, the General Assembly is hereby authorized to provide by law for any one or more of the following: 1. For the modification of the existing governments of the City of Waycross and Ware County whereby the powers, duties and obligations of such governments may be transferred from one such government to the other or may be jointly held and exercised by both such governments, or any combination of the foregoing, in such manner and under such conditions, procedures and requirements as the General Assembly shall provide. 2. For the abolishment of the existing governments of the City of Waycross and Ware County and for the creation of a new single government having all powers formerly exercised by the City of Waycross and Ware 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 the General Assembly shall provide. 3. For the new countywide government to continue to be eligible to have, hold, enjoy and be entitled to any assistance, credits, benefits, monies, grants, grants in aid,

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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. 4. For the abolishment or modification of any city and county courts, juvenile courts, and any other courts including courts created in lieu of constitutional courts, presently existing in the City of Waycross and Ware 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 and such other jurisdiction and powers as the General Assembly may provide. 5. For the abolishment or modification of any public authorities and special service districts located within Ware 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 countywide government in such manner as said charter shall provide. 6. For the abolishment or modification 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 Waycross and Ware County, and any public authorities or special service districts located and operating within Ware County. 7. For the modification of the powers and duties of the office of sheriff. 8. For the creation of the governing authority of the single countywide 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 countywide governing authority.

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9. For the creation of the various departments, boards, bureaus, offices, commissions and positions of public employment of said countywide government and all other matters necessary or incidental thereto. 10. For the creation of two or more taxing districts whereby taxes shall be assessed, levied, and collected by said countywide 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. 11. For the assumption by said countywide 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 countywide government shall assume the payment of any obligations issued under the Revenue Bond Law. 12. For the transfer to said countywide 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 countywide government. 13. The purposes for which said countywide government or governing authority or any agency thereof may levy taxes and the debt limitations applicable to such countywide government or any agency thereof. In the event the existing governments of the City of Waycross and Ware County are modified pursuant to the provisions of paragraph 1 above, the General Assembly is hereby authorized to exercise any of the powers enumerated above as may be necessary or desirable in carrying out such modification.

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Nothing herein shall be construed so as to authorize the General Assembly, in pursuance of this amendment to: 1. Alter the status of the Ware County School System or any constitutional provision by which such named agency was authorized or preserved. 2. Impair or diminish any civil service pension and retirement rights existing at the time of ratification of this amendment. 3. 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 system, civil service and pension rights, and homestead exemptions which existed prior to the adoption of this paragraph. Any Act adopted by the General Assembly pursuant to the authority granted by this amendment shall be submitted to the qualified voters of Ware County or to the qualified voters of Ware County and the City of Waycross, in such a manner as the General Assembly shall provide, for approval or rejection. In the event more than one-half of such qualified voters vote for approval of any such Act, it shall become of full force and effect, in accordance with the provisions of any such Act, but otherwise, any such Act shall be null, void, and of no force and effect. 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.

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3. Shall not be exhausted by their initial exercise but may be exercised from time to time, as said General Assembly may determine, until December 31, 1970, but after said date no law shall be passed pursuant to the authority herein granted; provided, however, the authority herein granted shall continue in full force and effect as to any Act adopted prior to December 31, 1970. 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 law for the modification or for the abolishment and consolidation into a single countywide government of the existing government of Ware County and the City of Waycross and for all matters relative thereto, provided any law enacted pursuant to such authority is submitted to the people for approval or rejection? 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

Page 1852

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 April 11, 1968. BARTOW COUNTYWATER, SEWERAGE, GARBAGE DISPOSAL AND FIRE PROTECTION DISTRICTS. Proposed Amendment to the Constitution. No. 276 (House Resolution No. 732-1597). A Resolution. Proposing an amendment to the Constitution so as to change the provisions relating to the powers of county 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 VII, Section IV, Paragraph III of the Constitution is hereby amended by adding at the end thereof the following: The governing authority of Bartow County may district said county to provide water, sewage, garbage disposal or fire protection services. Said governing authority is hereby authorized to levy a tax upon the taxable property in said county or district for the purpose of constructing and maintaining facilities for such services. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered

Page 1853

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 Bartow County to provide water, sewage, garbage disposal or fire protection services and to levy a tax for the purpose of constructing and maintaining facilities for such services? 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 April 11, 1968.

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STEPHENS COUNTY DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 277 (House Resolution No. 734-1600). A Resolution. Proposing an amendment to the Constitution so as to create the Stephens County Development Authority; to provide for the powers, authority, funds, purposes, and procedure connected therewith; to provide for the issuance of revenue bonds and 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 V, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following: A. There is hereby created a body corporate and politic in Stephens County to be known as the Stephens County Development Authority, which shall be an instrumentality of Stephens County and a public corporation and which in this amendment is hereafter referred to as the `Authority'. Created. B. The Authority shall consist of five members. The President of the Stephens County Chamber of Commerce, the Mayor of Toccoa, Georgia, and the Chairman of the Stephens County Board of Commissioners shall be ex-officio members of the Authority. In addition, the Board of Commissioners of Roads and Revenues of Stephens County shall appoint two members who shall serve for a term of five years and shall be eligible for re-appointment. Vacancies shall be filled for the unexpired term by the said Board of County Commissioners. A majority of the members shall constitute a quorum and a majority may act for the Authority in any matter. No vacancy shall impair the power of the Authority to act. Members, etc.

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C. The power of the Authority shall include, but not be limited to, the power: Powers. 1. To sue and be sued; to receive and administer gifts, grants and donations and administer trusts; 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 grant, loan, and lease any of its funds and property to private persons and corporations promising to operate any industrial plant or establishment within Stephens County which in the judgment of the Authority will reduce unemployment and will be of a benefit of the people of said County. The provision of this clause shall not be construed to limit any other powers of the Authority. 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 Stephens County, Georgia, so as to relieve insofar as possible unemployment within its boundaries, and to that end to acquire by purchase or gift any building or structure within the limits of said 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, or buildings or other structures and facilities useful or desirable in connection therewith, including the demolition of existing structures, or through the acquisition of an existing building and remodeling, renovating, reconstructing, furnishing and equipping of such buildings,

Page 1856

and to acquire and equip any additions or acquisitions thereto; 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; 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 bylaws, rules and regulations governing the manner in which its business may be transacted and in which the power granted to it may be enjoyed, as the Authority may deem necessary or expedient in facilitating its business. D. The property obligations and the interest on the obligations of the Authority shall have the same immunity from taxation as the property obligations and

Page 1857

interest on the obligations of Stephens County, Georgia. 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. 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 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, including the creation of any security interest in any equipment or other property of the Authority, as security for any lawful debt of the Authority. Bonds. F. The County of Stephens is hereby authorized to levy and collect an annual ad valorem tax not to exceed two (2) mills for developing and promoting industry and agriculture and to reduce unemployment in Stephens County, and is hereby directed to pay the Authority all funds deriving from such levy to be used for the purposes provided herein. Funds. G. If at any time, in the judgment of the County Commissioners of Stephens County, the two (2) mills ad valorem levy as herein provided shall no longer need to effectuate the purposes of this amendment, said Commissioners may discontinue said two (2) mills ad valorem tax levy without further legislature enactment. Same.

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H. The Authority shall not be empowered or authorized in any manner to create any debt, liability or obligation against the State of Georgia, or County of Stephens. Debts. 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 Stephens County, Georgia, subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property at that time. Property. 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 limits of Stephens County, Georgia. Projects. L. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare industry and trade within the County of Stephens 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 public purposes. Construction. M. This amendment shall be effective immediately upon proclamation of its ratification by the Governor and the first members of the Authority shall take office 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. General Assembly. The provisions of this amendment shall supersede an amendment creating the Stephens County Development

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Authority ratified at the November 1962 general election and found in Ga. Laws 1962, p. 877. All actions and proceedings taken thereunder and under the provisions of any law passed pursuant to the aforesaid amendment are hereby ratified and confirmed as if the provisions contained herein had been in effect. The Authority created hereunder shall be the successor to the Authority created pursuant to the aforesaid amendment and shall succeed to all the powers of the Authority created pursuant to the aforesaid amendment and the assets and obligations of such Authority shall be the assets and obligations of the Authority created herein. 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 Stephens County 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 agaisnt 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

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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 April 11, 1968. PUTNAM COUNTY DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 278 (House Resolution No. 735-1608). A Resolution. Proposing an amendment to the Constitution so as to create the Putnam 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 Putnam to be known as the Putnam Development Authority, which shall be an instrumentality of Putnam County and a public corporation and which in this amendment is hereafter referred to as the `Authority.' Created. B. The Authority shall consist of five members who shall serve for a term of five years and who shall be eligible for reappointment. The members shall be appointed by the Board of Commissioners of Roads and

Page 1861

Revenues of Putnam County. The initial 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 elected and qualified. Vacancies shall be filled for the unexpired term by the Board of Commissioners of Roads and Revenues of Putnam County. A majority of members shall constitute a quorum and a majority may act for the Authority in any matter. No vacancy shall impair the power of the Authority to act. No member of the Authority shall be a member of the Board of Commissioners of Roads and Revenues of Putnam County, but there shall be no other disqualifications to hold public office by reason of membership on the Authority. The Authority shall elect a Chairman and such other officers as they may deem necessary at its first meeting in each calendar year. 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 Putnam County. The exemptions from taxation herein provided shall not extend to tenants nor lessees of the Authority. The right of any private person to use or occupy any real estate of the Authority for a period of 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 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 buy, acquire, develop, improve, own, operate, maintain, sell, lease as lessor and lessee, and mortgage land, buildings, and property of all kinds within Putnam County. Powers.

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(2) To receive and administer gifts, grants, and donations and to administer trusts. (3) To grant, loan and lease without adequate consideration or without any consideration and with and without security, any of its funds and property to private persons and corporations operating or proposing to operate any industrial plant or establishment within Putnam 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, pledge and assign any and all of its funds, property and income as security therefor. (5) To contract with Putnam 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 bylaws 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 Putnam 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 of Commissioners of Roads and Revenues of Putnam County. (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.

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(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 Putnam County or the State of Georgia. Debts. 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 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 and contract 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 of Roads and Revenue of Putnam County and such compensation shall be paid from funds of the Authority. Compensation. H. The Board of Commissioners of Roads and Revenues of Putnam County is hereby authorized to levy an annual tax on all taxable property located within the county not to exceed two mills per dollar on assessed valuation 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 and shall become a part of its funds and may be used by the Authority for any of its purposes and powers as herein stated, or as may hereafter be provided by law. The tax authorized herein shall be in addition to all other taxes authorized by law. Funds.

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I. 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 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 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 Putnam 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. Property. K. This amendment is adopted for the purpose of developing and promoting for the public good and general welfare of Putnam County and its citizens, industry, agriculture, commerce, natural resources and vocational training, and the making of long-range plans for the coordination of such development, promotion and expansion within its territorial limits. This amendment and any law enacted with reference to the Authority

Page 1865

shall be liberally construed for the development of this purpose. Construction. 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 Putnam County or the State of Georgia. Debts. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: YES () NO () Shall the Constitution be amended so as to create the Putnam 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

Page 1866

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 of ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon. Approved April 11, 1968. GLASCOCK COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 279 (House Resolution No. 738-1616). A Resolution. Proposing an amendment to the Constitution so as to create the Glascock County Industrial Development Authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section VII, Paragraph V of the Constitution is hereby amended by adding at the end thereof the following: A. There is hereby created a body corporate and politic to be known as the `Glascock County Industrial Development 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 said body may contract and be contracted with, sue and be sued, plead and be impleaded, and complain and defend in all courts of law and equity. Created. B. The Authority shall be composed of seven members, one of whom shall be the member of the House of Representatives of Georgia whose Representative District

Page 1867

includes Glascock County, and six of whom shall be residents of Glascock County appointed by the governing authority of Glascock County and said member of the House of Representatives of Georgia. The first members of the Authority shall take office on January 1, 1969. The members of the Authority shall serve for terms of office concurrent with the terms of office of the members of the governing authority of Glascock County, except the member of the House of Representatives who is a member of said Authority shall serve for a term concurrent with his term in the House of Representatives and shall serve from term to term as long as he remains a member of the House of Representatives. In the event a vacancy occurs in the membership of the Authority by death, resignation or otherwise, the appointing authority shall fill the same, but in the event the vacancy occurs in the member's office who is a member of the House of Representatives, then his successor in office shall fill such vacancy. Before assuming their duties of office, each member shall take an oath before an officer duly authorized to administer oaths that he will truly and faithfully perform the duties of a member of the Authority. Members, etc. C. As used in this amendment 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 Glascock County Industrial Development Authority. Definitions. (2) The word `project' shall be deemed to mean and include the acquisition of lands, properties and improvements for development, expansion and promotion of industry, commerce, agriculture, natural resources and vocational training; the construction of buildings and plans for the purpose of selling, leasing or renting such structures to private persons, firms or corporations. (3) The term `cost of project' shall embrace the cost of construction, the cost of all lands, properties, easements, rights and franchises acquired, the cost of machinery

Page 1868

and equipment, financing charges, interest prior to and during construction and for one year after completion of construction, cost of engineering, architectural and legal expenses, and plans and specifications and other expenses necessary or incidental to determining the feasibility or practicability of the project, administrative expenses, and such other expenses as may be necessary or incidental to the financing herein authorized, the construction of any project and placing the same in operation. D. Glascock County is hereby expressly authorized to enter into contracts with the Authority as a public corporation. Contracts. E. A majority of members of the Authority shall constitute a quorum for the transaction of the ordinary business of the Authority, but any action with respect to any project of the Authority shall be approved by not less than a majority vote of the total membership of the Authority. Quorum. F. The Authority shall have the following powers: (1) To have a seal and alter the same at pleasure. (2) To acquire, hold and dispose of personal property, including the stock of other corporations, for its corporate purposes. (3) To enter into contracts with Glascock County. (4) 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 liens or easements therein or franchises necessary or convenient for its corporate purposes, and to use the same, and to lease or make contracts with respect to the use of or dispose of same in any manner the Authority deems to its best advantage. If the Authority shall deem it expedient to construct any project or use any project already constructed on lands, the title to which shall then be in Glascock County,

Page 1869

the governing authority of Glascock County is hereby authorized, in its discretion, to convey title to such lands, including any improvements thereon, to the Authority. (5) To appoint and select officers, agents, and employees including engineers, architects, builders, and attorneys, and to fix their compensation. (6) To make contracts, and to execute all instruments necessary or convenient, including contracts for construction of projects and leases and rentals and sale of projects, or contracts with respect to the use of projects which it erects or acquires. (7) To construct, erect, acquire, own, repair, remodel, maintain, extend, improve, equip, operate and manage projects, self-liquidating or otherwise, located on property owned or leased by the Authority, and to pay the cost of any such project from the proceeds of revenue bonds of the Authority or from any grant from the County of Glascock, or from any contribution or loans by persons, firms or corporations, all of which the Authority is hereby authorized to receive and accept and use. (8) To borrow money for any of its corporate purposes and to execute notes, mortgages, deeds to secure debt, trust deeds and such other instruments as may be necessary or convenient to evidence and secure such borrowing. The Authority shall further have the power to borrow money from any agency, department, commission, bureau or institution of the State of Georgia or of the United States. (9) 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 the State of Georgia. (10) To do all things necessary or convenient to carry out the powers expressly conferred by this Act.

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(11) To adopt, alter or repeal its own bylaws, rules and regulations governing the manner in which its business may be transacted and in which the power granted to it may be enjoyed, as the Authority may deem necessary or expedient in facilitating its business. (12) To issue 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 and in accordance with the applicable provisions of the Act of the General Assembly of 1937 (Ga. L. 1937, pp. 761-774), and as subsequently amended, providing for the issuance of revenue bonds. (13) Through the use and power of eminent domain, the Authority shall have the right, power, privilege and authority to condemn real property, rights-of-way or easements for the purpose of developing and promoting for the public good and welfare industry within Glascock County, any such condemnation to be conducted in accordance with the laws of the State of Georgia. G. All lands and improvements and personal property the title to which is vested in the Authority, and all debentures, notes, bonds and revenue bonds issued by the Authority, and all income earned therefrom by the holders of said evidences of indebtedness, shall be exempt from State and local taxation. The exemption from taxation herein provided shall not include exemption from sales and use taxes on property purchased by the Authority or for use by the Authority. Taxes. H. The Authority shall not be empowered or authorized in any manner to create a debt against the State of Georgia or Glascock County. Debts. I. The books and records of the Authority shall be audited at least annually, at the expense of the Authority by a competent auditor. The Authority shall furnish copies of said audit to Glascock County. Audits. J. Should said Authority for any reason be dissolved, title to all property of every kind and nature, real and

Page 1871

personal, held by the Authority at the time of such dissolution shall revert to Glascock County subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property at that time. Property. K. This amendment, being for the purpose of developing and promoting the public good and the welfare of the County of Glascock and its inhabitants, shall be liberally construed to effect the purposes hereof. Construction. L. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare industry and trade within the County of Glascock and reducing unemployment to the greatest extent possible, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of these purposes. Purpose. M. 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 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 Glascock County Industrial Development Authority? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring

Page 1872

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 April 11, 1968. WARREN COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 280 (House Resolution No. 739-1616). A Resolution. Proposing an amendment to the Constitution so as to create the Warren County Industrial Development Authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section VII, Paragraph V of the Constitution is hereby amended by adding at the end thereof the following: A. There is hereby created a body corporate and politic to be known as the `Warren County Industrial Development 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 said body may contract and be contracted with, sue and be sued,

Page 1873

plead and be impleaded, and complain and defend in all courts of law and equity. Created, etc. B. The Authority shall be composed of seven members, one of whom shall be the member of the House of Representatives of Georgia whose Representative District includes Warren County, and six of whom shall be residents of Warren County appointed by the governing authority of Warren County and said member of the House of Representatives of Georgia. The first members of the Authority shall take office on January 1, 1969. The members of the Authority shall serve for terms of office concurrent with the terms of office of the members of the governing authority of Warren County, except the member of the House of Representatives, who is a member of said Authority, shall serve for a term concurrent with his term in the House of Representatives and shall serve from term to term as long as he remains a member of the House of Representatives. In the event a vacancy occurs in the membership of the Authority by death, resignation or otherwise, the appointing authority shall fill the same, but in the event the vacancy occurs in the member's office who is a member of the House of Representatives, then his successor in office shall fill such vacancy. Before assuming their duties of office, each member shall take an oath before an officer duly authorized to administer oaths that he will truly and faithfully perform the duties of a member of the Authority. Members, etc. C. As used in this amendment the following words and terms shall have the following meaning unless a different meaning clearly appears from the context: Definitions. (1) The word `Authority' shall mean the Warren County Industrial Development Authority. (2) The word `project' shall be deemed to mean and include the acquisition of lands, properties and improvements for development, expansion and promotion of industry, commerce, agriculture, natural resources and vocational training; the construction of buildings and plans

Page 1874

for the purpose of selling, leasing or renting such structures to private persons, firms or corporations. (3) The term `cost of project' shall embrace the cost of construction, the cost of all lands, properties, easements, rights and franchises acquired, the cost of machinery and equipment, financing charges, interest prior to and during construction and for one year after completion of construction, cost of engineering, 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 incidental to the financing herein authorized, the construction of any project and placing the same in operation. D. Warren County is hereby expressly authorized to enter into contracts with the Authority as a public corporation. Contracts. E. A majority of members of the Authority shall constitute a quorum for the transaction of the ordinary business of the Authority, but any action with respect to any project of the Authority shall be approved by not less than a majority vote of the total membership of the Authority. Quorum. F. The Authority shall have the following powers: (1) To have a seal and alter the same at pleasure. (2) To acquire, hold and dispose of personal property, including the stock of other corporations, for its corporate purposes. (3) To enter into contracts with Warren County. (4) 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 liens or easements therein or franchises necessary or convenient for its corporate purposes,

Page 1875

and to use the same, and to lease or make contracts with respect to the use of or dispose of same in any manner the Authority deems to its best advantage. If the Authority shall deem it expedient to construct any project or use any project already constructed on lands, the title to which shall then be in Warren County, the governing authority of Warren County is hereby authorized, in its discretion, to convey title to such lands, including any improvements thereon, to the Authority. (5) To appoint and select officers, agents, and employees including engineers, architects, builders, and attorneys, and to fix their compensation. (6) To make contracts, and to execute all instruments necessary or convenient, including contracts for construction of projects and leases and rentals and sale of projects, or contracts with respect to the use of projects which it erects or acquires. (7) To construct, erect, acquire, own, repair, remodel, maintain, extend, improve, equip, operate and manage projects, self-liquidating or otherwise, located on property owned or leased by the Authority, and to pay the cost of any such project from the proceeds of revenue bonds of the Authority or from any grant from the County of Warren, or from any contribution or loan by persons, firms or corporations, all of which the Authority is hereby authorized to receive and accept and use. (8) To borrow money for any of its corporate purposes and to execute notes, mortgages, deeds to secure debt, trust deeds and such other instruments as may be necessary or convenient to evidence and secure such borrowing. The Authority shall further have the power to borrow money from any agency, department, commission, bureau or institution of the State of Georgia or of the United States.

Page 1876

(9) 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 the State of Georgia. (10) To do all things necessary or convenient to carry out the powers expressly conferred by this Act. (11) To adopt, alter or repeal its own bylaws, rules and regulations governing the manner in which its business may be transacted and in which the power granted to it may be enjoyed, as the Authority may deem necessary or expedient in facilitating its business. (12) To issue 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 and in accordance with the applicable provisions of the Act of the General Assembly of 1937 (Ga. L. 1937, pp. 761-774), and as subsequently amended, providing for the issuance of revenue bonds. (13) Through the use and power of eminent domain, the Authority shall have the right, power, privilege and authority to condemn real property, rights-of-way or easements for the purpose of developing and promoting for the public good and welfare industry within Warren County, and such condemnation to be conducted in accordance with the laws of the State of Georgia. G. All lands and improvements and personal property the title to which is vested in the Authority, and all debentures, notes, bonds and revenue bonds issued by the Authority, and all income earned therefrom by the holders of said evidences of indebtedness, shall be exempt from State and Local taxation. The exemption from taxation herein provided shall not include exemption from sales and use taxes on property purchased by the Authority or for use by the Authority. Taxes. H. The Authority shall not be empowered or authorized in any manner to create a debt against the State of Georgia or Warren County. Debts.

Page 1877

I. The books and records of the Authority shall be audited at least annually, at the expense of the Authority, by a competent auditor. The Authority shall furnish copies of said audit to Warren County. Audits. 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 Warren County subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property at that time. Property. K. This amendment, being for the purpose of developing and promoting the public good and the welfare of the County of Warren and its inhabitants, shall be liberally construed to effect the purposes hereof. Construction. L. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare industry and trade within the County of Warren and reducing unemployment to the greatest extent possible, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of these purposes. Purpose. M. 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 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.

Page 1878

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 Warren 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. Approved April 11, 1968. ROCKDALE COUNTYBONDS FOR EDUCATION PURPOSES. Proposed Amendment to the Constitution. No. 281 (House Resolution No. 740-1616). A Resolution. Proposing an amendment to the Constitution to provide that notwithstanding the Seven (7%) Per Cent debt limitation provided in Article VII, Section VII, Paragraph I, the debt incurred by the Rockdale County Board of Education for the Rockdale County School District may exceed Seven (7%) Per Cent of the assessed value of all the taxable property in said school district, but shall not exceed Ten (10%) Per Cent thereof; to provide for submission of

Page 1879

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 to the end thereof the following: Notwithstanding the Seven (7%) Per Cent limitation herein provided, the debt incurred by the Rockdale County Board of Education for the Rockdale County School District may exceed Seven (7%) Per Cent of the assessed value of all the taxable property therein, but shall not exceed Ten (10%) Per Cent of such assessed value. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, 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 in the Rockdale County School District from Seven (7%) Per Cent to Ten (10%) Per Cent of assessed value of all taxable property 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

Page 1880

shall be made in like manner 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 April 11, 1968. WARE COUNTYDUTIES OF SHERIFF, COUNTY POLICE FORCE. Proposed Amendment to the Constitution. No. 283 (House Resolution No. 782-1631). A Resolution. Proposing an amendment to the Constitution so as to provide that the powers, duties and responsibilities of the sheriff of Ware County, as they relate to the enforcement of criminal laws of the United States, this State and any political subdivision thereof, shall be exercised by a county police force which shall be established by the governing authority of Ware County; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article XI, Section I, Paragraph VI of the Constitution is hereby amended by adding at the end thereof the following: Effective January 1, 1969, the powers, duties and responsibilities of the sheriff of Ware County, as they relate to the enforcement of the criminal laws of the United States, this State and any political subdivision thereof, shall devolve upon and be exercised by a county police force which shall be established by the governing authority of Ware County pursuant to the provisions of Code

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Chapter 23-14 for the purposes of enforcing such laws and exercising and discharging all of the powers, duties and responsibilities formerly vested in the sheriff of Ware County insofar as his criminal law enforcement responsibilities and duties are concerned. The sheriff of Ware County shall continue to discharge all of the powers, duties and responsibilities of his office as they pertain to the Superior Court of Ware County and the City Court of Waycross, as well as his powers, duties and responsibilities as the jailor of the Ware County Jail. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, 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 powers, duties and responsibilities of the sheriff of Ware County, as they relate to the enforcement of criminal laws of the United States, this State and any political subdivision thereof, shall be exercised by a county police force which shall be established by the governing authority of Ware 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

Page 1882

for members of the General Assembly, and it shall be 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 April 11, 1968. EXPENDITURES OF DEPARTMENT OF INDUSTRY AND TRADE. Proposed Amendment to the Constitution. No. 284 (House Resolution No. 784-1636). A Resolution. Proposing an amendment to the Constitution so as to authorize the Department of Industry and Trade to expend available funds for the business meals and incidental expenses of bona fide industrial prospects and other persons who attend any meeting at the request of the Department to discuss the location or development of new business, industry, or tourism within the State; to provide for the verification of such expenditures; to provide that the State Auditor shall conduct an audit of such expenditures at least every six months; 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 Department of Industry and Trade, in order to make Georgia competitive with other states in securing new business, industry and tourism, is hereby authorized to expend available funds for the business meals and

Page 1883

incidental expenses of bona fide industrial prospects and other persons who attend any meeting at the request of the Department to discuss the location or development of new business, industry or tourism within the State. All such expenditures shall be verified by vouchers showing the date, place, purpose and persons for whom such expenditures were made. The State Auditor shall conduct an audit of such expenditures at least every six months. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their Journals with the Ayes and Nays taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of 1945, as amended. YES () NO () Shall the Constitution be amended so as to authorize the Department of Industry and Trade, in order to make Georgia competitive with other states in securing new business, industry and tourism, to expend available funds for the business meals and incidental expenses of bona fide industrial prospects and other persons who attend any meeting at the request of the Department to discuss the location or development of new business, industry or tourism within the State and provide that all such expenditures shall be verified by vouchers showing the date, place, purpose and persons for whom such expenditures were made, and further provide that the State Auditor shall conduct an audit of such expenditures at least every six months? 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 1884

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 April 11, 1968. GWINNETT COUNTYMERIT SYSTEM OF EMPLOYMENT. Proposed Amendment to the Constitution. No. 285 (House Resolution No. 785-1636). A Resolution. Proposing an amendment to the Constitution, so as to authorize the General Assembly to provide by law for the creation of a Merit System of employment for any or all present and future employees of Gwinnett County other than elected officials; 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 is hereby authorized to provide by law for the creation of a Merit System of employment for any or all present and future employees of Gwinnett County, other than officials elected by the people. The General Assembly is further authorized to provide by law for all matters and procedures connected with the creation of such Merit System.

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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 creation of a Merit System of employment for any or all present and future employees of Gwinnett 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. Approved April 11, 1968.

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COMPENSATION OF EMPLOYEES OF GAME AND FISH COMMISSION. Proposed Amendment to the Constitution. No. 286 (House Resolution No. 786-1643). A Resolution. Proposing an amendment to the Constitution so as to authorize the General Assembly to reimburse certain employees of the Game and Fish Commission; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section I, Paragraph II is hereby amended by adding at the end of subparagraph 2 of Paragraph II of Section I of Article VII the following: The General Assembly is hereby authorized to provide by law for reimbursing the employees of the Game and Fish Commission who received a retroactive pay raise in 1966 and were subsequently required to remit the amount of said raise to the State Treasurer. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, 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 reimbursing the employees of the Game and Fish Commission

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who received a retroactive pay raise in 1966 and were subsequently required to remit the amount of said raise to the State Treasurer? 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 members of the General Assembly, and it shall be 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 April 11, 1968. GWINNETT COUNTY BOARD OF EDUCATION. Proposed Amendment to the Constitution. No. 287 (House Resolution No. 806-1653). A Resolution. Proposing a constitutional amendment so as to change the provisions relating to the filling of vacancies on the Board of Education of Gwinnett County; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VIII, Section V, Paragraph I of the Constitution, as amended by an amendment relating to the Gwinnett County Board of Education ratified at the

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general election held in 1956 and found in Georgia Laws 1956, page 810, and by an amendment ratified at the general election held in 1960 and found in Georgia Laws 1960, page 1433, is hereby amended by striking from the end of the seventh paragraph of said 1956 amendment, as amended by said 1960 amendment, the following: In case of a vacancy on the board for any cause other than the expiration of term of office, the remaining members of the board shall elect a person from the district in which the vacancy occurs who shall serve for the unexpired term., and inserting in lieu thereof the following: In the event a vacancy occurs on the board for any reason other than the expiration of term, said vacancy shall be filled as follows: (1) If the vacancy occurs at any time within 180 days before the expiration of the term of the member whose office is vacant, the remaining members of the board shall elect a person from the district in which the vacancy occurs who shall serve for the unexpired term; or (2) if the vacancy occurs at any time more than 180 days before the expiration of the term of the member whose office is vacant, it shall be the duty of the ordinary of Gwinnett County to call a special election, within 30 days after the vacancy occurs, for the purpose of filling said vacancy for the unexpired term. Any person offering as a candidate as a member of the board to fill such vacancy shall be a resident of the district in which said vacancy occurred and shall be elected by the voters of the education district in which said vacancy occurred. Except as otherwise provided herein, any election to fill vacancies on said board shall be held and conducted in accordance with the laws of this State governing special elections. Vacancies. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each 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 change the provisions relating to the filling of vacancies on the Board of Education of Gwinnett 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. Approved April 11, 1968.

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VETOES (1967-1968 Session) No. 1 HB 470 To amend an Act known a s the City of Atlanta and Fulton County Recreation Authority Act, so as to provide for additional members of said authority; and for other purposes. 3-17-67 No. 2 HB 210 Brunswick Judicial Circuitcreating an additional Judge of the Superior Courts. 3-27-67 No. 3 HB 138 RadarTo provide for the use of speed protection devices by counties and municipalities. 4-11-67 No. 4 HB 57 Revenue Commissioner issuance of license plates and decals. 4-18-67 No. 5 HB 107 Medical records permit disclosures of information. 4-18-67 No. 6 HB 825 Sylvania-Screven Airport Authority. 4-18-67 No. 7 SB 36 Supreme and Appeals Court Judgescompensation 4-18-67 No. 8 HB 21 CustodyChild testify which parent if 14 years 4-21-67 No. 9 HB 103 Atlanta; Municipalities; certain dwellingsrepair 4-21-67 No. 10 HB 292 Ocmulgee Judicial Circuitadditional judge Superior Court 4-21-67 No. 11 HB 300 Atlanta, City of: Liens: vacating costs 4-21-67 No. 12 HB 577 Leary, City of: Mayor and Councilterms 4-21-67 No. 13 HB 779 City of Augusta, Sale of Allen Park 4-21-67 No. 14 SB 113 Superior Court Judges Emeritusserve in any superior court 4-21-67 No. 15 SB 158 Barrow Countyconsolidation of schoolsapproved by voters 4-21-67 No. 16 HR 52-134 Atlanta Judicial Circuit Sup. Ct. Judges: Sup. Ct. Reportscertain volumes 4-21-67 No. 17 HB 918 To amend an Act creating a Board of Commissioners of Roads and Revenues for Tattnall County, so as to change the number of commissioners; etc. 2-29-68 No. 18 HB 919 To provide for the election of members of the Board of Education of Tattnall County; etc. 2-29-68 No. 19 HB 1627 To amend an Act to create and incorporate the City of Morrow in the County of Clayton and grant a charter to that municipality under that name and style, so as to provide for a referendum for annexation of property to be held within six months after passage of this Act; and for other purposes. 3-25-68 No. 20 HB 1023 To amend Code Chapter 34-10, so as to provide that all petitions for the nominations of candidates shall be field with the Ordinary of that county within which the petition was circulated and signatures compiled; and for other purposes. 3-29-68 No. 21 HR 523-1104 To create a Constitution Revision Commission; and for other purposes. 4- 9-68 No. 22 HB 869 An Act to amend an Act providing for grants to counties, so as to provide that the State Treasurer shall disburse grants on a quarterly basis; and for other purposes. 4-12-68 No. 23 HB 952 To amend an Act establishing the Teachers' Retirement System, so as to provide that the term earnable compensation shall include compensation paid to a member institution of the University System of Georgia from grants or contracts made by outside agencies with the member institution; and for other purposes. 4-12-68 No. 24 HB 1103 To amend an Act known as the Minimum Foundation Program of Education Act, so as to change the provisions relating to the allotment of teachers; and for other purposes. 4-12-68 No. 25 HB 1156 To amend an Act known as The Georgia Public Assistance Act of 1965, so as to provide that acceptance of public assistance payments after a certain date shall constitute a debt of the recipient; and for other purposes. 4-12-68 No. 26 HB 1221 To revise Chapter 9-2 of the Code of Georgia of 1933, as amended, relating to the admission to the bar of this State of attorneys licensed to practice law in another state of the United States or the District of Columbia, without examination; and for other purposes. 4-12-68 No. 27 HB 1292 To amend Code Section 109A-2-316 of the Uniform Commercial Code, so as to exclude from the application of the implied warranties of merchantability and fitness for particular purpose the storage, etc., distribution or use of whole human blood, blood plasma, etc., for the purpose of injecting, transfusing, incorporating or transplanting any of them into the human body; and for other purposes. 4-12-68 No. 28 HB 1502 To amend an Act incorporating the City of Lyons, so as to change the corporate limits of said city; to provide for certain services to be rendered by the City of Lyons; and for other purposes. 4-12-68 No. 29 HB 1557 To amend an Act creating a board of commissioners of roads and revenues for Jones County, so as to provide for commissioner posts; and for other purposes. 4-12-68 No. 30 HB 1600 To provide for the election of members of the board of education of Butts County; and for other purposes. 4-12-68 No. 31 SB 199 To amend the Georgia Administrative Procedure Act approved March 10, 1964 (Ga. Laws 1964, p. 338), as amended, so as to place the Board of Corrections and its penal institutions under the provisions of said Act; to repeal conflicting laws; and for other purposes. 4-12-68 No. 32 SB 202 To amend the Georgia Administrative Procedure Act approved March 10, 1964 (Ga. Laws 1964, p. 338), as amended, as to place the Board of Pardons and Paroles and the State Board of Probation under the provisions of said Act for rule making purposes; to repeal conflicting laws; and for other purposes. 4-12-68 No. 33 SB 247 To amend an Act known as the Minimum Foundation Program of Education Act, so as to change the provisions relating to the allotment of teachers; to repeal conflicting laws and; for other purposes. 4-12-68 No. 34 SB 248 To amend an Act known as the Housing Authorities Law, to provide for the authorities created by said Act shall be known as a Housing and Redevelopment Authority under certain circumstances; to increase the membership of housing authorities in certain municipalities; and for other purposes. 4-12-68 No. 35 SB 274 To amend an Act entitled An Act to amend an Act entitled `An Act to establish the Criminal Court of Atlanta, pertaining to the offices of Judge and Solicitor-General of the Criminal Court of Fulton County; to repeal conflicting laws; and for other purposes. 4-12-68 No. 36 SB 277 To amend an Act entitled An Act to carry into effect in the City of Atlanta the provisions of the amendment to Paragraph 1, of Section 7, of Article 6 of the Constitution of the State of Georgia pertaining to the office of Judge of the Civil Court of Fulton County; to repeal conflicting laws; and for other purposes. 4-12-68 No. 37 SB 313 To amend an Act to grant to the incorporated municipalities of this state having a population of more than 300,000 certain basic powers; to repeal conflicting laws; and for other purposes. 4-12-68 No. 38 SB 365 To amend an Act creating the Cobb County-Marietta Water Authority, so as to change the rate of interest payable and maturity date on revenue bonds; to repeal conflicting laws; and for other purposes. 4-12-68 No. 39 SB 353 To amend an Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Ga. Laws 1965, p. 2243), as amended, so as to clarify what costs may be capitalized as costs of a rapid transit system or project; to repeal conflicting laws; and for other purposes. 4-12-68

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COUNTIES AND SUPERIOR COURT CIRCUITS

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APPELLATE COURTS SUPREME COURT OF GEORGIA W. H. DUCKWORTH Chief Justice BOND ALMAND Presiding Justice CARLTON MOBLEY Associate Justice BENNING M. GRICE Associate Justice H. E. NICHOLS Associate Justice HIRAM K. UNDERCOFLER Associate Justice JOHN E. FRANKUM Associate Justice ROBERT H. BRINSON, JR. Law Assistant JAMES MICHAEL NEY Law Assistant MISS MAUD SAUNDERS Law Assistant MRS. JOLINE B. WILLIAMS Law Assistant BEN G. ESTES Law Assistant MRS. EFFIE A. MAHAN Law Assistant H. GRADY ALMAND Law Assistant HENRY H. COBB Clerk MRS. EVA F. TOWNSEND Deputy Clerk MRS. CARRIE L. BELL 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 JOHN SAMMONS BELL Presiding Judge ROBERT H. JORDAN Presiding Judge ROBERT H. HALL Judge HOMER C. EBERHARDT Judge CHARLES A. PANNELL Judge BRASWELL DEEN, JR. Judge J. KELLEY QUILLIAN Judge GEORGE P. WHITMAN, SR. Judge CHARLES N. HOOPER Law Assistant EUGENE HIGHSMITH Law Assistant JOHN ANDY SMITH, JR. Law Assistant MRS. HELEN T. HARPER Law Assistant JULIAN H. STEWART Law Assistant LOUIS A. PEACOCK Law Assistant MISS ALFREDDA SCOBEY Law Assistant T. MIL CLYBURN, JR. Law Assistant MARSHALL HELMS Law Assistant MORGAN THOMAS Clerk MISS EDNA EARL BENNETT Deputy Clerk GEORGE H. RICHTER, JR. Reporter GUY M. MASSEY Asst. Reporter

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SUPERIOR COURT CALENDAR FOR 1968 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. CLAUDE D. SHAW, Chief Judge, LUTHER ALVERSON, SAM P. McKENZIE, DURWOOD T. PYE, J. C. (JEP) TANKSLEY, JACK P. ETHERIDGE, CHARLES A WOFFORD, SIDNEY T. SCHELL, LLOYD ELMO HOLT, Judges, Atlanta. LEWIS R. SLATON, Solicitor-General, Atlanta. FultonFirst Mondays in January, March, May, July, September, and November. ATLANTIC CIRCUIT. HON. PAUL E. CASWELL, Judge, Hinesville. J. MAX CHENEY, Solicitor-General, Reidsville. BryanThird Monday in March; 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; first Monday in December. TattnallThird Mondays in April and October.

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AUGUSTA CIRCUIT. HONS. F. FREDERICK KENNEDY, JOHN F. HARDIN, C. WESLEY KILLEBREW, Judges, Augusta. 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. HONS. H. GRADY VANDIVIERE, Judge, 373 Main St., Canton. MARION T. POPE, JR., Judge, P. O. Box 589, 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; second Monday in November. GilmerThird Monday in May; fourth Monday in October. PickensSecond Monday in March; fourth Monday in September. BRUNSWICK CIRCUIT. HONS. WINEBERT DAN FLEXER, Judge, Brunswick. JACK W. BALLENGER, Judge, Rt. 2, Baxley. GLENN THOMAS, JR., Solicitor-General, 166 Groveland St., Jesup. 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.

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CHATTAHOOCHEE CIRCUIT. HONS. J. ALVAN DAVIS Judge, P.O. Box 789, Columbus, JOHN H. LAND, Judge, R.F.D., Whitesville Rd., Columbus W. B. SKIPWORTH, JR., Solicitor-General, P.O. Box 1867, 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, Box 128, Cartersville. JERE F. WHITE, Solicitor-General, P.O. Box 43, 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. HONS. HAROLD BANKE, Judge,% Courthouse, Jonesboro. EDWIN S. KEMP, Judge, Jonesboro. ALBERT B. WALLACE, Solicitor-General, P.O. Box 147, Jonesboro. ClaytonFirst Mondays in February, May, August and November. COBB CIRCUIT. HONS. ALBERT J. HENDERSON, JR., Judge, 107 Hemlock Dr., Marietta, CONLEY INGRAM, Judge, 461 Hickory Dr., Marietta. BEN F. SMITH, Solicitor-General, Marietta. CobbSecond Mondays in January, March, May, July, September and November.

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CONASAUGA CIRCUIT. HON. JAMES THOMAS POPE, JR., Judge, 510 Fairview Dr., Dalton. ROBERT VINING, JR., Solicitor-General, Box 184, Dalton. MurraySecond Mondays in February and October; fourth Monday in May; first Monday in August. WhitfieldSecond Mondays in January, July and September; first Mondays in March, May and November. CORDELE CIRCUIT. HON. WILLIAM LEROY McMURRAY, JR., Judge, P. O. Box 555, Cordele. D. E. TURK, Solicitor-General, Abbeville. 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. ELDRIDGE FLEMING, Solicitor-General, Hogansville. Carroll First Mondas in April and October. CowetaFirst Monday in March; first Tuesday in September. HeadThird 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, 1115 - 3rd Ave., Albany. ROBERT W. REYNOLDS, Solicitor-General, 230 Pine Ave., Albany. DoughertySecond Mondays in January, March, May, July, September, and November.

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DUBLIN CIRCUIT. HON. HAROLD E. WARD, Judge, 402 Roberson St., Dublin. W. W. LARSEN, JR., Solicitor-General, 200 Woodridge St., Dublin. JohnsonThird Mondays in March, June, September, and December. LaurensFourth Mondays in January, April, July and October. TreutlenThird Mondays in February and August. TwiggsSecond Mondays in January, April, July and October. EASTERN CIRCUIT. HONS. DUNBAR HARRISON, EDWIN A. McWHORTER, B. B. HEERY, Judges, Savannah. ANDREW JOE RYAN, JR., Solicitor-General, Savannah. ChathamFirst Mondays in March, June, September and December. FLINT CIRCUIT. HON. HUGH D. SOSEBEE, Judge, Forsyth. EDWARD E. McGARITY, Solicitor-General, P.O. Box 471, 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, P.O. Box 781, Griffin. FayetteFirst and second Mondays in March; second and third Mondays in September. PikeThird and fourth Mondays in February and November, fourth Monday in July; first Monday in August. SpaldingFirst and second Mondays in February and October; third and fourth Mondays in June. UpsonThird and fourth Mondays in March and August; first and second Mondays in November.

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GWINNETT CIRCUIT. HON. CHAS. C. PITTARD, Judge, Duluth. REID MERRITT, Solicitor-General, P. O. Box 352, Lawrenceville. Gwinnett: First Mondays in January, March, May, July and November; second Monday in September. LOOKOUT MOUNTAIN CIRCUIT. HONS. ROBERT E. (BOB) COKER, Judge, LaFayette; PAUL W. (JOHNNY) PAINTER, Judge, Rossville. EARL B. (BILL) SELF, Solicitor-General, P. O. Box 192, 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. HAL BELL, C. CLOUD MORGAN, GEORGE B. CULPEPPER, III, Judges, Macon. 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. WALTER C. McMILLAN, JR., Judge, P. O. Box 286, Sandersville. H. REGINALD THOMPSON, Solicitor-General, Swainsboro. CandlerFirst and second Mondays in February and August. EmanuelSecond Mondays in January, April, July and October. JeffersonSecond Mondays in May and November. ToombsFourth Mondays in February, May, August, and November. WashingtonFirst Mondays in March, June, September and December.

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MOUNTAIN CIRCUIT. HON. LAMAR N. SMITH, Judge, P. O. Box 345, Toccoa. HERBERT B. KIMZEY, Solicitor-General, P. O. Box 38, Cornelia. HabershamFirst Mondays in February and November; third Monday in June. RabunFourth Mondays in February and November; first Monday in August. StephensSecond Mondays in January, May and October. TownsFourth Monday in March; first Monday in June; second Monday in September. UnionThird Mondays in April and August; second Monday in December. NORTHEASTERN CIRCUIT. HONS. A. R. KENYON, Judge, Gainesville. JOSEPH H. BLACKSHEAR, Judge, Gainesville. JEFF WAYNE, Solicitor-General, Gainesville. DawsonFirst Mondays in February and August. HallFirst Mondays in May and November; second Mondays in January, March, July and September. LumpkinFourth Mondays in February and August. WhiteFirst Mondays in April and October. NORTHERN CIRCUIT. HON. JOHN W. (BILLY) WILLIFORD, Judge, 145 Parkwood Dr., Elberton. CLETE D. JOHNSON, Solicitor-General, Box 245, 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.

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OCMULGEE CIRCUIT. HONS. GEORGE S. CARPENTER, Milledgeville, GEORGE L. JACKSON, Judges, Gray, Ga. GEORGE D. LAWRENCE, Solicitor-General, P.O. Box 87, 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.

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PATAULA CIRCUIT. HON. WALTER I. GEER, Judge, Colquitt. JOE M. RAY, Solicitor-General, Box 7, Cuthbert. ClayThird Mondays in March and November. EarlyThird Mondays in January and July. MillerFourth Mondays in April and September. 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. GEORGE WESLEY CHANNELL, Solicitor-General, Winder. BanksThird Monday in March; first Monday in October. BarrowThird and fourth Mondays in February and August; first Mondays in May and November. JacksonFirst Mondays in February and August. ROME CIRCUIT. HON. ROBERT L. SCOGGIN, Judge, Rome. ROBERT G. WALTHER, 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 Mondays in January and July; third Mondays in April and October.

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SOUTHERN CIRCUIT. HON. GEORGE R. LILLY, Judge, Quitman. MARCUS B. CALHOUN, Solicitor-General, Thomasville. BrooksFirst Mondays in May and November. ColquittFirst Mondays in April and October. EcholsSecond Mondays in March and September. LowndesThird Mondays in May and November. ThomasThird Mondays in January, April, July, and October. SOUTHWESTERN CIRCUIT. HON. T. O. MARSHALL, Judge, P. O. Box 798, Americus. J. FRANK MYERS, Solicitor-General, P. O. Box 1407, 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. SumterFourth Monday in May; and first Monday in December. WebsterFourth Mondays in January and July. STONE MOUNTAIN CIRCUIT. HONS. H. FRANK GUESS, Decatur; H. O. HUBERT, JR., Decatur; WILLIAM T. DEAN, Conyers, CLARENCE L. PEELER, JR., Decatur; HUBERT C. MORGAN, Decatur; Judges. RICHARD BELL, Solicitor-General, 794 Allgood Rd., Rt. 5, 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. DAN WINN, Judge, Cedartown. JOHN T. PERREN, Solicitor-General, Dallas. 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.

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TIFTON CIRCUIT. HON. J. BOWIE GRAY, Judge, Tifton. W. J. FOREHAND, Solicitor-General, P. O. Box 253, Tifton. IrwinThird and fourth Mondays in February; second and third 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.

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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.

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INDEX TABULAR INDEX PROPOSED AMENDMENTS TO THE CONSTITUTION Amendment or submission of new Constitution to the people 1576 Baldwin County; motor vehicle registration 1841 Bartow County; water, sewerage, garbage disposal and fire protection districts 1852 Bonds for loands to students 1597 Brantley County Development Authority 1731 Bryan County Industrial Development Authority 1680 Butts County Industrial Development Authority 1614 Calhoun County Development Authority 1672 Camden County Development Authority resolution repealed 1179 Chattahoochee County Industrial Development Authority 1640 Chattooga County Board of Education 1764 Chattooga County; motor vehicle ad valorem taxes 1766 Cherokee County Airport Authority 1545 Cherokee County; fire protection districts 1743 City of Acworth; homestead exemptions 1524 City of AlbanyDougherty County; boards of tax assessors, etc. 1520 City of Atlanta; debt limit 1579 City of Atlanta; historic zone 1826 City of Atlanta; issuance of bonds without referendum 1582 , 1586 , 1589 City of Blue Ridge Industrial Development Authority 1828 City of Dalton Building Authority 1466 City of Decatur; off street parking 1515 City of Marietta; homestead exemptions 1678 City of Savannah; historic zones 1591 City of Savannah; taxation 1745 City of Thomaston-Upson County; joint board of tax assessors, etc. 1503 City of Woodland Development Authority 1699 Clarke County Board of Education 1530 Clarke County-City of Athens; taxation 1822 Clay County Development Authority 1634 Cobb County; education district No. 2 1529 Cochran-Bleckley School System 1795 Colquitt and Miller County Development Authority 1543 Cordele Office Building Authority 1715 Coweta County; bonds 1449 Coweta County School System 1452 Creation of development authorities authorized 1606 Crisp County-Cordele Industrial Development Authority 1757 Dalton-Whitfield County Development Authority 1482 Decatur County-Bainbridge Industrial Development Authority 1780 Decatur County; jurisdiction of justices of the peace 1539 Department of Industry and Trade; expenditures 1882 Disabled Veterans Homestead Exemption 1632

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Dodge County-Eastman Development Authority 1693 Dooly County Industrial Development Authority 1768 Douglas County; water sanitation, sewerage and fire protection districts 1791 Early County Development Authority 1608 Effingham County Industrial Development Authority 1733 Elbert County Industrial Building Authority 1600 Election of Executive Officers 1560 Election of Governor 1562 Evans County Industrial Development Authority 1556 Fayette County; water, sewerage and fire protection districts 1517 Floyd County; insurance for board of education employees 1584 Floyd County; terms of members of Board of education 1798 Fulton County; acceptance of personal checks by tax commissioner 1571 Game and Fish Commission 1627 Game and Fish Commission; employees' compensation 1886 General Assembly members' terms 1565 Gilmer; issuance of tax fi. fas. by tax commissioner 1488 Glascock County Industrial Development Authority 1866 Gwinnett County Board of Education 1887 Gwinnett County; merit system of employment 1884 Henry County; form of government 1741 Henry County; indebtedness for water and sewerage purposes 1774 Henry County; tax to support water authority, etc. 1739 Homestead exemptions for persons over 65 years of age 1690 Houston County Building Commission 1807 Houston County; creation of special court authorized 1805 Jackson County Industrial Development Authority 1800 Jasper County Industrial Development Authority 1550 Justices of the peace; jurisdiction in civil cases 1594 Lee County Development Authority 1532 Lincolnton and Lincoln County Development Authority 1702 Lowndes County-City of Valdosta; authority to consolidate ad valorem tax matters 1777 McIntosh County Industrial Development Authority 1834 Marketing of milk regulated by General Assembly 1588 Milledgeville-Baldwin County Industrial Development Authority 1490 Muscogee County Airport Commission 1655 Muscogee County-City of Columbus; charter commission 1508 Muscogee County; ordinances 1526 Muscogee County; sanitation districts 1540 Office of solicitor general designated as district attorney 1567 Promotion of agricultural and other products 1707 Public School Employees Retirement System 1595 Pulaski County-Hawkinsville Development Authority 1496 Putnam County Development Authority 1860 Quitman County Industrial Development Authority 1620 Richmond County; authority of General Assembly to consolidate governments 1787

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Richmond County; ordinances 1506 Rockdale County; bonds for education purposes 1878 Scholarships to children of certain law enforcement officers, firemen and prison guards 1573 Screven County; tax to support Sylvania-Screven Airport Authority 1755 Spalding County fire protection districts 1704 State Medical Education Board 1686 Stephens County Development Authority 1854 Stewart County Industrial Development Authority 1647 Succession to Governorship in event of death of Governor-Elect 1558 Tattnall County Industrial Development Authority 1662 Taylor County Industrial Development Authority 1709 Town of Waverly Hall Development Authority 1844 Ware County and City of Waycross; consolidation of governments 1846 Ware County; duties of sheriff; county police force 1880 Warren County Industrial Development Authority 1872 Webster County Industrial Development Authority 1748 CODE SECTIONS 8-109Amended Affidavits for attachment 1013 9-103Amended Applications for admission to practice law 1159 Title 13Amended Banks and banking, capital stock, etc. 1045 13-1802Enacted Banks and banking, incidental powers of banks 1044 13-2012Amended Banks and banking, loans to officers, etc. 329 13-2023Amended Banks and banking, purchase of stock and investments 1162 13-2023.1Enacted Banks and banking, investments 1042 20-506Amended Attorney's fees on notes, etc. 317 Title 22Amended Corporation Code 565 23-1109Amended Fees of county surveyors 1413 24-113Enacted Court personnel authorized to attend conferences, etc. 1191 24-2715Amended Microfilming of proceedings in civil suits 1117 24-2823Amended Sheriffs' fees 988 24-3104Amended Compensation of court reporters 1230 Chapter 25-1Amended Credit unions 465 Title 26Amended Criminal Code of Georgia 1249 Chapter 26-11Amended Abortion, foeticide and infanticide 1432 26-1902Amended Conspiracy to commit crimes 326 26-2816Enacted Fraudulent conversion of leased personal property 1041 26-6907Repealed Discharge of firearms on Sunday 1246 31-110Amended Dower rights 1227 32-911Amended Immunization of pupils of public schools 1436 Title 34Amended Georgia Election Code amended 871 Title 34Amended Presidential electors 851

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34-201, 34-202Amended State Election Board 862 34-602Amended Voter qualifications 847 34-704.1Enacted Election districts 860 34-1001Amended Notices of candidacy 826 , 858 34-1010Amended Presidential electors 257 34-1012Enacted Nomination of candidates by conventions 867 34-1218Amended Vote recorders 861 34-1307AEnacted Unlawful campaign practices 828 34-1333Amended Method of casting votes 850 34-1514Amended Presidential electors 257 Title 34AEnacted Georgia Municipal Election Code 885 39-1105Amended Rates for legal advertisements 126 42-205Repealed Commercial feeding stuffs 288 42-209Repealed Commercial feeding stuffs 288 47-101Amended Reapportionment of House of Representatives 209 47-102Amended Reapportionment of Senate 36 47-102Amended 32nd Senatorial district 560 49-102Amended Bonds of natural guardians 1039 49-701Amended Guardian and Ward 1363 53-204Amended Parental consent for underage marriages 382 56-407AAmended Uninsured motor vehicles defined, etc. 1089 56-407AAmended Uninsured motorist policies 1415 56-1310Amended Municipal taxation of life insurance companies 1396 56-2430Amended Automobile insurance policies 1126 56-2439Enacted Aircraft liability insurance policies 1414 58-210Amended Contraband used in unlawful manufacture of liquor 1051 59-106Amended Grand and traverse jurors 533 59-106Amended Selection of grand jurors in certain counties (45,300-46,000) 371 61-302Amended Dispossessory warrants in certain counties (500,000 or more) 51 61-306Amended Eviction notices 124 61-306Amended Proceeding against tenants holding over in certain counties (500,000 or more) 1215 67-108.1Amended Registry of mortgages on property of railroads and other utilities 1150 67-2002(3)Amended Laborer's and materialmen's liens 317 Chapter 67-26Amended U. S. Internal Revenue taxes 561 68-214Amended Motor vehicle reflective license plates 424 68-525 (a)Amended Motor carriers 396 68-633Amended Motor common carriers 392 69-9901, 69-9902Repealed Municipal elections 885 74-111Amended Reports of cruel treatment of children 1196 79-504Enacted Certificate of change of name 327 84-211, 84-213Amended Registration of nonresident Certified Public Accountants, etc. 1232 84-409Amended Barbers 421 84-1404Amended Georgia Real Estate Commission 277

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84-1409Amended Georgia Real Estate Commission 277 87-201Amended Bond elections in certain counties (250,000-500,000) 1007 88-506Amended Hospitalization under court order 333 88-1305Amended Radiation Control Council 546 88-1306AEnacted Radioactive waste disposal 1152 88-1809Amended Bonds of hospital authorities 1097 88-1812Amended Bonds of hospital authorities 1098 88-2201Amended Hospital Advisory Council 1421 92-3106Amended Income tax exemptions for student dependents 1037 92-3109Amended Income tax deductions 539 92-3120Amended Income tax 116 92-4902Amended Tax Collectors' cash books 1115 92-5702, 92-5703Amended Revenue, fair market value, etc. 358 92-6402Amended Penalties for nonpayment of taxes in certain counties (150,000-179,999) 1067 95-1506Repealed Reports of State Highway Board to Governor 1064 100-108Amended Bonds given by State depositories 485 105-106Amended Liability of manufacturers and sellers of personal property 1166 105-108.1Enacted Liability of owners of watercraft 1416 109A-9-302Amended Security interests in property of certain utilities 1151 109A-2-328Amended Sales by auction 1101 113-821Amended Residuum 1070 113-903Amended Dower rights, etc. 1093 113-1005Amended Year's support 997 113-1401.1Enacted Appraisement of estates 474 Title 114Amended Workmen's Compensation 3 114-101Amended Workmen's Compensation Act amended 1163 COURTS SUPREME COURT Appellate Procedure Act of 1965 amended 1072 Civil Practice Act of 1966 amended 1036 , 1104 COURT OF APPEALS Appellate Procedure Act of 1965 amended 1072 Civil Practice Act of 1966 amended 1036 , 1104 SUPERIOR COURTS Atlanta Circuit; salaries of assistant solicitors-general 45 Atlanta Circuit; salary of solicitor general 1228 Atlantic Circuit; judge's secretary 50 Augusta Circuit; compensation of judges 355

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Baldwin; additional judge of superior court 343 Civil Practice Act of 1966 amended 1036 , 1104 Clayton Circuit; term of additional judge 348 Clerks retirement system amended 381 , 420 Clerks to record veterans discharge certificates 1201 Cobb Circuit; salaries, etc. 285 Compensation of executive secretaries and calendar clerks of judges in certain counties (135,000-140,000) 1417 Conasauga Circuit; judge's salary 377 Cordele Circuit; salary of solicitor general 19 Court reporters compensation 1230 Court reporters compensation in certain counties (500,000 or more) 2358 Eastern Circuit; judges' supplement 1168 Greene; additional judge of superior court 343 Griffin Circuit; compensation of court reporter 349 Griffin Circuit; salary of solicitor-general 455 Gwinnett Circuit; judge's salary 1365 Hancock; additional judge of superior court 343 Jasper; additional judge of superior court 343 Jones; additional judge of superior court 343 Judge of Superior Courts Emeritus Act amended 275 Jury Clerks in certain counties (46,000-47,000) 2286 Lookout Mountain Circuit; salaries of solicitor-general and clerk typist 48 Microfilming of proceedings in civil suits 1117 Morgan; additional judge of superior court 343 Ocmulgee Circuit; additional judge 343 Ogeechee Circuit; terms 871 Piedmont Circuit; solicitor-general placed on salary basis 1424 Pike; terms 1094 Putnam; additional judge of superior court 343 Sheriffs' fees 988 Solicitors-General compensation 992 Solicitors-General contingent expense allowance 535 Solicitor-General designated as district attorney, proposed amendment to the Constitution 1567 Stone Mountain Circuit; terms 376 Toombs Circuit Solicitor-General placed on salary basis 247 Wayne; grand juries 375 Wilkinson; additional judge of superior court 343 CITY COURTS Americus; name changed to Civil and Criminal Court of Sumter County, judge's salary 3428 Brunswick; deputy sheriffs 3539 Colquitt; name changed to Civil and Criminal Court of Colquitt County 2139 Dublin; name changed to State Court of Laurens County 2019 Habersham County; judge, practice and procedure 3678

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Jefferson; salaries, terms, etc. 3668 Lowndes; election of judge and solicitor 2332 Millen; salaries of judge and solicitor 2586 Springfield; judge's salary 2584 Statesboro; name changed to Civil and Criminal Court of Bulloch County, salaries 3433 Stephens County; salaries of judge and solicitor 3546 Waynesboro; compensation of judge and solicitor 2542 CIVIL AND CRIMINAL COURTS Bulloch County; name changed from City Court of Statesboro, salareis 3433 Cobb County; jurisdiction, clerk, salaries, etc. 2948 Colquitt County; name changed from City Court of Colquitt County 2139 DeKalb County; solicitor's salary, costs, etc. 2928 Grady County; salaries 2817 Sumter County; name changed from City Court of Americus, judges salary 3428 COUNTY COURTS Echols; judge's term of office 3419 CRIMINAL COURTS Fulton; correction of errors and appeals 2969 JUVENILE COURTS Clarke; judge's salary 3624 Glynn; judge's salary 3365 Judges salaries in certain counties (250,000-500,000) 2046 Juvenile Court Act Amended 1013 Law Study Commission created 1170 MUNICIPAL COURTS Columbus; dismissal for lack of prosecution, costs in dispossessory warrant cases 2706 Savannah; jurisdiction, procedure, costs 2576 STATE COURTS Houston; jurisdiction, solicitor's duties 2656 Laurens; name changed from City Court of Dublin 2019 COUNTIES AND COUNTY MATTERS NAMED COUNTIES Atkinson; board of commissioners of roads and revenues, referendum 2882 Bacon; office of tax commissioner created, referendum 3542

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Baldwin; land conveyance to board of education 113 Baldwin; Milledgeville-Baldwin County Industrial Development Authority, proposed amendment to the Constitution 1490 Baldwin; motor vehicle registration, proposed amendment to the Constitution 1841 Baldwin; tax collector and tax receiver placed on salary basis 3505 Banks; solicitor-general placed on salary basis 1424 Barrow; solicitor-general placed on salary basis 1424 Bartow; deputy sheriffs, cooks 2742 Bartow; water, sewerage, garbage disposal and fire protection districts, proposed amendment to the Constitution 1852 Ben Hill; salary of solicitor-general 19 Berrien; commissioners of roads and revenues, referendum 2241 Berrien; tax commissioner placed on salary basis 3473 Bibb; board of education and orphanage, referendum 2835 Bleckley; Cochran-Bleckley School System, proposed amendment to the Constitution 1795 Brantley; commissioners of roads and revenues 2258 Brantley; development authority 3488 Brantley; development authority, proposed amendment to the Constitution 1731 Brantley; named officers placed on salary basis 2301 Brantley; office of treasurer abolished 2741 Bryan; compensation of ordinary 2320 Bryan; compensation of tax commissioner 2549 Bryan; industrial development authority, proposed amendment to the Constitution 1680 Bryan; judge of superior court's secretary 50 Brooks; compensation of county commissioners 2397 Bulloch; commissioners of roads and revenues 3632 Bulloch; salaries of sheriff and deputies 3442 Bulloch; salaries of tax commissioner's employees 3445 Bulloch; salary of clerk of superior court 3437 Bulloch; salary of ordinary 3439 Bulloch; superior court terms 871 Burke; compensation of superior court judges 355 Burke; sheriff's salary, etc. 2979 Butts; compensation of deputy sheriffs 2042 Butts; compensation of tax collector, etc. 2356 Butts; employees of clerk of superior court 2044 Butts; industrial development authority, proposed amendment to the Constitution 1614 Calhoun; development authority, proposed amendment to the Constitution 1672 Camden; resolution proposing Constitutional amendment creating development authority repealed 1179 Candler; board of education, referendum 2446 Carroll; board of education, referendum 2256 , 2841 Carroll; Water Authority Act amended 2368 Catoosa; law books 2308

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Catoosa; powers of utilities commissioners 2281 Catoosa; salaries of solicitor-general and clerk-typist 48 Charlton; compensation of deputy sheriffs 2336 Charlton; depository for public funds 2334 Charlton; employees of clerk of superior court 2563 Chatham; commissioner districts, etc. 2245 Chatham; Employee-Management Cooperation Act 2953 Chatham; Savannah-Chatham County, board of education, referendum 2636 Chatham; superior court judges' supplement 1168 Chattahoochee; board of education, referendum 2717 Chattahoochee; industrial development authority, proposed amendment to the Constitution 1640 Chattooga; board of education, proposed amendment to the Constitution 1764 Chattooga; compensation of deputy sheriffs, jailer 2792 Chattooga; motor vehicle ad valorem taxes, proposed amendment to the Constitution 1766 Chattooga; office of tax commissioner created 2492 Chattooga; salaries of solicitor-general and clerk-typist 48 Cherokee; airport authority, proposed amendment to the Constitution 1545 Cherokee; fire protection districts, proposed amendment to the Constitution 1743 Cherokee; school districts, referendum 3751 Clarke; board of education, proposed amendment to the Constitution 1530 Clarke; taxation, proposed amendemnt to the Constitution 1822 Clay; development authority, proposed amendment to the Constitution 1634 Clayton; board of county commissioners 3501 Clayton; Civil Service System Act amended 2759 Clayton; compensation of chairman of commissioners of roads and revenues 2579 Clayton; regulation and control of junkyards 2451 Clayton; term of additional judge of superior court 348 Clinch; salaries of sheriff and deputy sheriff 2890 Cobb; board of commissioners of roads and revenues 3581 Cobb; Cobb County-Marietta Water Authority Act amended 3533 Cobb; education district No. 2, proposed amendment to the Constitution 1529 Cobb; governmental and reorganization study commission 2868 Cobb; law books 2834 Cobb; law library 2878 Cobb; salaries of solicitor-general, assistant, etc. 285 Coffee; board of education, referendum 2177 Coffee; commissioners of roads and revenues, referendum 2181 Coffee; compensation of sheriff's clerk 2187 Coffee; duties of clerk of commissioners 2098

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Colquitt; compensation of ordinary 2141 Columbia; authority to construct streets, sidewalks, etc. 2440 Columbia; board of education, referendum 2708 Columbia; commissioners of roads and revenues 2338 Columbia; compensation of superior court judges 355 Columbia; sheriff's salary 2064 Cook; compensation of ordinary 2496 Coweta; bonds, proposed amendment to the Constitution 1449 Coweta; school system, proposed amendment to the Constitution 1452 Crisp; Crisp County-Cordele Industrial Development Authority, proposed amendment to the Constitution 1757 Crisp; salary of solicitor-general 19 Dade; salaries of solicitor-general and clerk-typist 48 Dawson; compensation of commissioner of roads and revenues 2353 Decatur; board of education, referendum 2565 Decatur; Decatur County-Bainbridge Industrial Development Authority, proposed amendment to the Constitution 1780 Decatur; jurisdiction of justices of the peace, proposed amendment to the Constitution 1539 Decatur; publication of receipts and expenditures by board of education 2556 DeKalb; commissioner districts 3658 DeKalb; merit salary increases 2047 DeKalb; Planning Commission Act amended 3456 DeKalb; political advertisements 2972 Dekalb; recorder's court clerk 3666 DeKalb; superior court terms 376 DeKalb; zoning 3406 Dodge; Dodge County-Eastman Development Authority, proposed amendment to the Constitution 1693 Dooly; clerical allowance for ordinary 2725 Dooly; industrial development authority, proposed amendment to the Constitution 1768 Dooly; salary of solicitor-general 19 Dooly; small claims court created 2429 Dougherty; City of Albany-Dougherty County boards of tax assessors, etc., proposed amendment to the Constitution 1520 Dougherty; compensation of ordinary 3771 Douglas; Act placing named officers on salary basis amended 2366 Douglas; board of education, referendum 2262 3764 commissioners of roads and revenues 2294 Douglas; water, sanitation, sewerage and fire protection districts, proposed amendment to the Constitution 1791 Early; commissioners of roads and revenues 2110 Early; development authority, proposed amendment to the Constitution 1608 Echols; board of education, referendum 3514 Echols; terms of members of board of county commissioners 3418 Effingham; industrial development authority, proposed amendment to the Constitution 1733

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Effingham; superior court terms 871 Elbert; industrial building authority, proposed amendment to the Constitution 1600 Elbert; sheriff's budget 2554 Emanuel; board of education, referendum 2487 Evans; industrial development authority, proposed amendment to the Constitution 1556 Evans; judge of superior court's secretary 50 Evans; salaries of commissioners of roads and revenues and clerk 3460 Evans; salary of clerk of superior court 3459 Fannin; automobile allowance for sheriff and deputy sheriff 2713 Fannin; salary of county commissioners 3484 Fannin; tax collector placed on salary basis 3716 Fayette; salary of clerk of superior court 3551 Fayette; salary of ordinary 3662 Fayette; salary of solicitor-general 455 Fayette; salary of tax commissioner 3553 Fayette; sheriff's salary 3664 Fayette; water, sewerage and fire protection districts, proposed amendment to the Constitution 1517 Floyd; insurance for board of education employees, proposed amendment to the Constitution 1584 Floyd; merit system Act amended 3400 Floyd; terms of members of board of education, proposed amendment to the Constitution 1798 Forsyth; compensation of chairman and clerk of commissioners of roads and revenues 2570 Fulton; acceptance of personal checks by tax commissioner, proposed amendment to the Constitution 1571 Fulton; duties of tax commissioner, etc. 3453 , 3762 Fulton; employees' pensions 2149 , 2290 Fulton; public defender eligibile for retirement system membership 2309 Fulton; judges' and solicitor-general retirement fund of Fulton County amended 2864 Fulton; local education commission in Atlanta and Fulton County reestablished 3685 Fulton; salaries of assistant solicitors general 45 Fulton; salary of solicitor-general 1228 Gilmer; issuance of tax fi. fas. by tax commissioner, proposed amendment to the Constitution 1488 Gilmer; office of tax commissioner created 2305 Glascock; compensation of commissioners of roads and revenues 2444 Glascock; compensation of tax commissioner 2626 Glascock; compensation of treasurer 2442 Glascock; industrial development authority, proposed amendment to the Constitution 1866 Glascock; solicitor-general placed on salary basis 247 Glynn; Brunswick-Glynn County Charter Commission 2914

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Glynn; deputy sheriffs 3536 Gordon; clerk of superior court and ordinary placed on salary basis 2686 Gordon; commissioners of roads and revenues, referendum 2030 Gordon; development authority 3325 Grady; board of education, referendum 2120 Grady; salaries of sheriff's employees 2819 Greene; compensation of commissioners of roads and revenues 2615 Greene; compensation of named officers 2603 Greene; compensation of tax commissioner 2621 Gwinnett; board of commissioners of roads and revenues, referendum 2003 Gwinnett; board of education, proposed amendment to the Constitution 1887 Gwinnett; merit system of employment, proposed amendment to the Constitution 1884 Gwinnett; salary of judge of superior court 1365 Hancock; clerical help for tax commissioner 2314 Hancock; salaries of named officers 2534 Harris; small claims court Act amended 2462 Heard; deputy sheriffs 2701 Henry; board of county commissioners 3378 Henry; election of board of commissioners, referendum 3375 Henry; form of government, proposed amendment to the Constitution 1741 Henry; indebtedness for water and sewerage purposes, proposed amendment to the Constitution 1774 Henry; salaries of clerk of superior court and ordinary 3392 Henry; tax to support water authority, etc., proposed amendment to the Constitution 1739 Houston; budget of clerk of superior court 3369 Houston; budget of ordinary 3373 Houston; building commission, proposed amendment to the Constitution 1807 Houston; creation of special court authorized, proposed amendment to the Constitution 1805 Houston; sheriff's budget 3371 Houston; tax commissioner's budget 3367 Irwin; office of tax commissioner created, referendum 2822 Jackson; industrial development authority, proposed amendment to the Constitution 1800 Jackson; office of tax commissioner created, named officers placed on salary basis 2536 Jackson; solicitor-general placed on salary basis 1424 Jasper; commission posts 3629 Jasper; industrial development authority, proposed amendment to the Constitution 1550 Jefferson; members of board of education, referendum 3421 Jefferson; office of tax commissioner created 2573 Jenkins; board of commissioners of roads and revenues, referendum 2960

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Jenkins; board of education, referendum 2965 Jenkins; compensation of clerk of superior court 2373 Jenkins; compensation of ordinary 2375 Jenkins; superior court terms 871 Johnson; compensation of deputy sheriff 2723 Jones; deputy sheriffs 3431 Lee; development authority, proposed amendment to the Constitution 1532 Liberty; judge of superior court's secretary 50 Lincoln; Lincolnton and Lincoln County Development Authority created, proposed amendment to the Constitution 1702 Lincoln; solicitor-general placed on salary basis 247 Long; compensation of sheriff, etc. 2101 Long; county attorney 2581 Long; judge of superior court's secretary 50 Lowndes; authority to consolidated ad valorem tax matters with City Valdosta, proposed amendment to the Constitution 1777 Lowndes; salary of chief deputy sheriff 3485 McDuffie; solicitor-general placed on salary basis 247 McIntosh; compensation of ordinary 2371 McIntosh; industrial development authority, proposed amendment to the Constitution 1834 McIntosh; judge of superior court's secretary 50 McIntosh; sheriff's expense allowance, etc. 2453 Macon; office of tax commissioner created, referendum 2663 Macon; salary of ordinary 2460 Madison; clerk of board of commissioners 3647 Madison; deputy sheriffs 3649 Madison; personnel in offices of clerk of superior court, ordinary and tax commissioner 3549 Meriwether; Act placing officers on salary basis amended 2103 Miller; board of education, referendum 2529 Miller; check system 2912 Miller; Colquitt and Miller County Development Authority, proposed amendment to the Constitution 1543 Mitchell; office of tax commissioner created 2267 Montgomery; salary of tax commissioner 3416 Morgan; compensation, etc. of named officers 2607 Morgan; compensation of commissioners of roads and revenues 3585 Morgan; office of tax commissioner created 2610 Morgan; office of treasurer abolished 2613 Murray; salary of judge of superior court 377 Muscogee; airport commission, proposed amendment to the Constitution 1655 Muscogee; Muscogee County-City of Columbus, charter commission, proposed amendment to the Constitution 1508 Muscogee; ordinances, proposed amendment to the Constitution 1526 Muscogee; sanitation districts, proposed amendment to the Constitution 1540

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Newton; Act placing sheriff on salary basis amended 2735 Newton; superior court terms 376 Paulding; board of education, referendum 2381 Paulding; deputy sheriffs 2385 Paulding; water authority, sewerage system and fire districts 2678 Peach; clerk of superior court placed on salary basis 2671 Peach; ordinary placed on salary basis 2469 Peach; tax commissioner placed on salary basis 2667 Peach; terms of commissioners of roads and revenues 2473 Pierce; board of education, referendum 2761 Pierce; salaries of deputy sheriffs 2739 Pierce; salary of chairman of commissioners of roads and revenues 2649 Pike; compensation of superior court court reporter 349 Pike; salary of solicitor-general 455 Pike; terms of superior court 1094 Polk; annual audits 3450 Polk; employees 3635 Pulaski; Pulaski County-Hawkinsville Development Authority 1496 Putnam; development authority, proposed amendment to the Constitution 1860 Quitman; industrial development authority, proposed amendment to the Constitution 1620 Rabun; commissioners of roads and revenues, referendum 2272 Rabun; salaries of secretaries of ordinary, tax commissioner and clerk of superior court 2601 Richmond; authority of General Assembly to consolidate governments, proposed amendment to the Constitution 1787 Richmond; board of education, vacancies 3653 Richmond; compensation of superior court judges 355 Richmond; elections of members of county board of education 2684 Richmond; ordinances, proposed amendment to the Constitution 1506 Rockdale; bonds for education purposes, proposed amendment to the Constitution 1878 Rockdale; deputy sheriffs 2083 Rockdale; superior court terms 376 Screven; superior court terms 871 Screven; Sylvania-Screven Airport Authority Act 2787 Screven; tax to support Sylvania-Screven Airport Authority, proposed amendment to the Constitution 1755 Spalding; compensation of superior court court reporter 349 Spalding; fire protection districts, proposed amendment to the Constitution 1704 Spalding; salary of solicitor-general 455 Spalding; tax commissioner's office hours 2588 Stephens; development authority bonds 2527 Stephens; development authority, proposed amendment to the Constitution 1854 Stephens; salary of clerk of superior court, etc. 2848 Stephens; salary of ordinary, etc. 2850

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Stephens; sheriff's salary, etc. 2846 Stewart; clerk of superior court and ordinary placed on salary basis 2505 Stewart; compensation of commissioner of roads and revenues 2800 Stewart; compensation of tax commissioner 3618 Stewart; industrial development authority, proposed amendment to the Constitution 1647 Stewart; sheriff's salary 2509 Sumter; board of education, referendum 2065 Sumter; salaries of clerk of superior court and deputies 2071 Talbot; compensation of sheriff, etc. 2502 Talbot; compensation of tax commissioner 2500 Taliaferro; compensation of county commissioners 2075 Taliaferro; sheriff's salary 2073 Taliaferro; solicitor-general placed on salary basis 247 Tattnall; board of education 2077 Tattnall; commissioners of roads and revenues 2080 Tattnall; industrial development authority, proposed amendment to the Constitution 1662 Tattnall; judge of superior court's secretary 50 Taylor; industrial development authority, proposed amendment to the Constitution 1709 Telfair; members of hospital authority 2403 Tift; airport authority 2628 Tift; building permits 2674 Tift; vice chairman of commissioners of roads and revenues 2376 Toombs; board of education, referendum 3424 Toombs; compensation of sheriff 2436 Toombs; named officers placed on salary basis 2424 Toombs; office of tax commissioner created 2417 Troup; salaries of named officers 2689 Union; compensation of sheriff, etc. 2264 Upson; City of Thomaston-Upson County joint board of tax assessors, etc., proposed amendment to the Constitution 1503 Upson; compensation of superior court court reporter 349 Upson; joint board of tax assessors with City of Thomaston 2322 Upson; Members Thomaston-Upson County Office Building Authority 2558 Upson; salary of solicitor-general 455 Walker; board of education, referendum 2235 Walker; members rural water and sewer authority 3526 Walker; salaries of solicitor-general and clerk typist 48 Ware; consolidation of government with City of Waycross, proposed amendment to the Constitution 1846 Ware; duties of sheriff, county police force, proposed amendment to the Constitution 1880 Warren; industrial development authority, proposed amendment to the Constitution 1872 Warren; solicitor-general placed on salary basis 247 Washington; Act placing sheriff on salary basis amended 3395 Washington; Airport Authority 2748

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Washington; salary of clerk of superior court 2808 Wayne; board of education, referendum 3361 Wayne; exchange of lands authorized 1378 Wayne; grand juries 375 Wayne; terms of commissioners of roads and revenues 2746 Webster; industrial development authority, proposed amendment to the Constitution 1748 White; county depository 3755 Whitfield; compensation of board of commissioners 3682 Whitfield; Dalton-Whitfield County Development Authority, proposed amendment to the Constitution 1482 Whitfield; salaries of sheriff, clerk of superior court and ordinary 3510 Whitfield; salary of judge of superior court 377 Whitfield; salary of tax commissioner 3512 Wilcox; salary of solicitor-general 19 Wilkes; compensation of ordinary 2089 Wilkes; land conveyance 336 Wilkes; salary of deputy clerk of superior court 2810 Wilkes; solicitor-general placed on salary basis 247 Worth; clerk of superior court 2049 Worth; effective date of Act placing ordinary on salary basis 2051 COUNTIES AND COUNTY MATTERSBY POPULATION 2,000 or less Compensation of clerks of superior courts 3312 2,750-3,250 Compensation of commissioners of roads and revenues 2659 9,977-10,140 Small Claims Courts created 2386 13,430-13,660 Law libraries authorized 2287 16,700-16,800 Law libraries authorized 2292 22,000-23,400 Medical and scientific research facilities 2125 23,500-24,000 Law libraries 3313 25,250-28,250 Bookkeeping and accounting system 3312 44,000-45,300 Hunting with recorded sounds, etc. 3684 45,300-46,300 Law libraries created 2957 45,300-46,000 Selection of grand jurors 371 46,000-47,000 Jury clerks 2286 114,000-135,000 Law libraries Act amended 2875 135,000-140,000 Compensation of calendar clerks and executive secretaries of superior court judges 1417 135,000-140,000 Deposit of trash, garbage, etc. 3311 135,000-140,000 Sheriffs' employees 2654 150,000-179,999 Penalties for nonpayment of taxes 1067 250,000-500,000 Juvenile Court judges' salaries 2046 300,000 or more Joint Board of tax assessors Act amended 3709 300,000 or more Planning Commissions and Zoning Appeals Boards 3477 300,000 or more Salaries of clerks of superior courts 3309 300,000 or more Zoning and Planning Commissions Act amended 3769

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500,000 or more Boards of elections 2867 500,000 or more Compensation of court reporters 2358 500,000 or more Compensation of ordinaries 2109 500,000 or more Dispossessory warrants 51 500,000 or more Duties of planning departments 3480 500,000 or more Hauling of gravel, dirt, etc. 2983 500,000 or more Proceedings against tenants holding over 1215 500,000 or more Salaries of clerks of superior courts 3309 500,000 or more Sheriff's salaries 3479 COUNTIES AND COUNTY MATTERSHOME RULE ACTIONS. Pulaski; clerk of county commissioners 3866 MUNICIPAL CORPORATIONS NAMED CITIES Acworth; homestead exemptions, proposed amendment to the Constitution 1524 Albany; charter amended 3352 Albany; City of Albany-Dougherty County boards of tax assessors, etc., proposed amendment to the Constitution 1520 Albany; contributions to employees pension fund 2455 Allentown; corporate limits 2348 Ambrose; treasurer's duties 2091 Athens; charter amended 2830 Athens; taxation, proposed amendment to the Constitution 1822 Atlanta; charter amended 3759 Atlanta; debt limit, proposed amendment to the Constitution 1579 Atlanta; historic zone, proposed amendment to the Constitution 1826 Atlanta; issuance of bonds without referendum, proposed amendment to the Constitution 1582 , 1586 , 1589 Atlanta; local education commission in Atlanta and Fulton County reestablished 3685 Atlanta; metropolitan planning district act amended 3494 Augusta; charter amended 2909 Augusta; civil service commission act amended 2703 Augusta; investment of pension funds 2457 Augusta; sale of Allen Park 2330 Austell; corporate limits 3614 Bainbridge; Decatur County-Bainbridge Industrial Development Authority, proposed amendment to the Constitution 1780 Bainbridge; number of aldermen, referendum 2756 Baldwin; major's term of office, referendum 2400 Baxley; charter amended 3596 Blakely; charter amended 2112 Blue Ridge; industrial development authority 1828 Boston; election of marshal 2498 Bowman; mayor, city clerk and treasurer 2551 Bremen; eminent domain 2727 Brooklet; punishment for violating ordinances 3448

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Broxton; treasurer's duties 2096 Brunswick; Brunswick-Glynn County Charter Commission 2914 Brunswick; corporate limits 3670 Brunswick; elections 3520 Brunswick; revenue raising ordinances 3397 Cartersville; charter amended 3315 Centerville; charter amended 2765 Chamblee; ad valorem and sanitary taxes 2715 Chattahoochee Plantation; corporate limits 3651 Claxton; compensation of mayor and aldermen 3475 Clermont; terms of mayor and councilmen 3693 Cleveland; charter amended 2142 Cochran; Cochran-Bleckly School System, proposed amendment to the Constitution 1795 Cochran; corporate limits, referendum 2278 College Park; charter amended 3640 Colquitt; Colquitt and Miller County Development Authority, proposed amendment to the Constitution 1543 Colquitt; corporate limits 2399 Columbus; Muscogee County-City of Columbus, Charter Commission, proposed amendment to the Constitution 1508 Cordele; Crisp County-Cordele Industrial Development Authority, proposed amendment to the Constitution 1757 Cordele; office building authority, proposed amendment to the Constitution 1715 Covington; conflicts of interest, crimes 2802 Cummings; charter amended 3345 Daisy; new charter, referendum 3722 Dalton; building authority, proposed amendment to the Constitution 1466 Dalton; corporate limits 2172 Dalton; Dalton-Whitfield County Development Authority, proposed amendment to the Constitution 1482 Dasher; charter amended 2350 Decatur; off street parking, proposed amendment to the Constitution 1515 Decatur; parking Authority Act 2892 Doerun; recorder's court 2126 Donalsonville; salaries of mayor and aldermen 2682 Doraville; charter amended 3336 Douglas; elections, city manager 2085 Douglasville; salaries 2298 Eastman; charter amended 2413 Eastman; Dodge County-Eastman Development Authority, proposed amendment to the Constitution 1693 East Thomaston; charter repealed 2561 Eatonton; salaries of members of council 3518 Elizabeth; corporate limits 2651 Folkston; authority to abandon named streets 2346 Folkston; city manager 3334 Folkston; corporate limits, referendum 2342

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Fort Oglethorpe; charter amended 3610 Franklin Springs; terms of mayor and councilmen 2546 Glenwood; mayor and councilmen 2798 Griffin; land conveyance authorized 1174 Guyton; voter registration and elections 3523 Hapeville; charter amended 3719 Hawkinsville; Pulaski County-Hawkinsville Development Authority, proposed amendment to the Constitution 1496 Hogansville; sale of public utilities 2525 Homeland; new charter, referendum 2984 Iron City; terms of mayor and aldermen 2814 Irwinton; new charter 3092 Ivey; corporate limits 3480 Jesup; charter amended 3356 LaGrange; new charter 2191 Lake City; charter amended 3712 Lawrenceville; corporate limits 2812 Leary; charter amended 2116 Lenox; authority to lease described land 2599 Lincolnton; Lincolnton and Lincoln County Development Authority created, proposed amendment to the Constitution 1702 Lookout Mountain; incorporated, referendum 2152 Lyons; charter amended 2052 McDonough; sale of public recreational facilities 3622 McRae; corporate limits 2405 McRae; elections 2729 Machinery City; charter repealed 3656 Macon; charter amended 2795 Manchester; elections 2107 Marietta; authority of school board to dispose of property 3710 Marietta; charter amended 2475 Marietta; Cobb County-Marietta Water Authority Act amended 3533 Marietta; corporate limits 3530 Marietta; homestead exemptions, proposed amendment to the Constitution 1678 Midway; salaries of mayor and councilmen 3681 Milan; corporate limits 2408 Milledgeville; Milledgeville-Baldwin County Industrial Development Authority, proposed amendment to the Constitution 1490 Morrow; charter amended 2853 Moultrie; charter amended, referendum 2130 Mount Vernon; corporate limits 2680 Nashville; corporate limits 3754 Nicholls; compensation of mayor and aldermen 2189 Nicholls; treasurer's duties 2093 North High Shoals; corporate limits 2624 Rayle; incorporated, referendum 3462 Riverdale; charter amended 3626 Rockmart; new charter 3224 Roswell; terms of mayor and councilmen 3577

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Rutledge; name changed to City of Rutledge, etc. 2617 Savannah; historic zones, proposed amendment to the Constitution 1591 Savannah; Savannah-Chatham County, board of education, referendum 2636 Savannah; taxation, proposed amendment to the Constitution 1745 Smyrna; corporate limits 3587 Sparta; new charter 3555 Springfield; charter amended 2316 Statesboro; charter amended 3637 Swainsboro; charter amended 2934 Sylvania; Sylvania-Screven Airport Authority Act 2787 Thomaston; ad valorem taxation 2693 Thomaston; City of Thomaston-Upson County joint board of tax assessors, proposed amendment to the Constitution 1503 Thomaston; corporate limits 2698 Thomaston; joint board of tax assessors with Upson County 2322 Thomaston; members Thomaston-Upson County Office Building Authority 2558 Thomasville; board of education 2359 Tifton; commissioners, referendum 2023 Tifton; commissioners' salaries 2028 Tifton; police court 2020 Trenton; eminent domain 2038 Trenton; salaries of mayor, councilmen and recorder 2040 Tunnell Hill; maximum fines for violating ordinances 2421 Twin City; charter amended 2511 Valdosta; authority to consolidate ad valorem tax matters with Lowndes County, proposed amendment to the Constitution 1777 Varnell; incorporated, referendum 3065 Vidalia; new charter 3136 Warner Robins; charter amended 2283 Waverly Hall; charter amended 3676 Waverly Hall; development authority, proposed amendment to the Constitution 1844 Waycross; consolidation of government with Ware County, proposed amendment to the Constitution 1846 West Point; authority to close and sell described street 2660 Whitesburg; charter amended 2311 Woodland; charter amended 2591 Wrightsville; recorder 2720 MUNICIPAL CORPORATIONSBY POPULATION 1,000-1,400 Corporate limits when located in certain counties (7,370-7,450) 2504 150,000 or more Employees' pension act amended 3707 150,000 or more Firemen's Pension Act amended 3706 300,000 or more License fees for taxicab businesses 3310 300,000 or more Public Teacher Tenure Act 3697

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MUNICIPAL CORPORATIONSBY POPULATION OF COUNTIES 2,750-3,250 Abatement of nuisance 2768 300,000 or more Protection of pension right of employees and teachers of counties and largest cities 3702 MUNICIPALITIESHOME RULE AMENDMENTS Atlanta; city clerk 3816 Atlanta; classified service 3804 Atlanta; department of city clerk 3784 Atlanta; department of public works 3793 Atlanta; director of public works 3811 Atlanta; employees' insurance 3778 Atlanta; firemen's uniforms 3822 Atlanta; policemen's uniforms 3825 Atlanta; promotions in classified service 3807 Columbus; utilities 3827 Forest Park; personnel board 3835 Oglethorpe; elections 3832 Perry; elections 3837 Savannah; pensions 3840 Thomasville; elections 3845 , 3859 Thomasville; recorder's court 3855 RESOLUTIONS AUTHORIZING COMPENSATION Arnold, Jack Lee 3273 Arnold, William Harvey 3261 Barton, Paul C. 3292 Boston Seed Company 3282 Brown, Alton 3267 Contine, Miss Marie Yvetti 3303 Couch, William; heirs at law 3296 Covington, J. B. 3265 Darden, L. D. 3293 Echols, Miss Margaret 3452 Fales, Robert M. 3301 Ferguson, Mrs. J. E. 3289 Fitzpatrick, Clyde N. 3285 Grant, A. H. 3288 Green, Mrs. Louie Mae 2908 Griffin, Burch 3306 Hamby, W. B. 3283 Harrison, Mrs. Geneva J. 3277 Hinely, Joseph E., Jr. 3266 Holbrook, Robert Andrew 3294 Holbrook, Mrs. Ruby Odell 3294 Horton, William Frank 3278 Housch, Robert A. 3275 Jones, Laurie M. 3299 Jones, Miles A., Jr. 3271

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Lord, James C. 3270 Mincey, Carroll J. 3298 Moncus, Eugene G. 3269 Moody, H. K. 3308 Parks, Billy W. 3307 Phoenix Air Conditioning, Inc. 2982 Pitts, Glawer 3304 Pope, Mrs. Eura Mae 3286 Pope, Mrs. Hershel V. 3280 R R Sales Company 3291 Ravan, Clyde 3268 Renfroe, Claude H., Jr. 3290 Riggins, Mrs. Francis B. 3300 Thomas, Wallace 3284 Thompson, Irene 3302 Walker, Wendell 3279 Whitaker, Mrs. Daphne 3276 White, E. C. 3272 White, Mrs. Vonceille T. 3262 Wisham, Lee 3263 RESOLUTIONS AUTHORIZING LAND CONVEYANCES Baldwin County Board of Education 113 City of Griffin 1174 DeKalb County 835 Exchange of land in Fulton County 528 Exchange of land in Wayne County 1378 Governor's Mansion on the Prado 1382 Regents of University System of Georgia 483 Stephens County 1367 Wilkes County 336 MISCELLANEOUS RESOLUTIONS All-State Bonding Company relieved as surety of four bonds 3773 Athletic Associations of Branches of University System 1377 Code of Ethics for Government Service 1369 Department of Urban and Municipal Affairs Study Committee 1172 Election Laws Study Committee 833 Executive Center official residence of Governor 378 Forward Georgia Commission 980 Georgia Study Commission of Law Enforcement Officer Standards and Education 829 Governor's Traffic Safety Study Committee 1384 Highway Laws Revision Committee 1176 Interim Study Committee on College Grants and Scholarships to Students 1373 Jefferson Davis Memorial Highway 1375 Juvenile Court Law Study Commission 1170 Law books to Catoosa County 2308 Law books to Cobb County 2834

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Law books to Fannin County Superior Court 3579 Law books to Lookout Mountain Judicial Circuit 3579 Law books to ordinary's court of Fannin County 3580 Lease between Western and Atlantic Railroad Commission and City Center Incorporated ratified 838 Lease of Western and Atlantic Railroad amended 845 Okefenokee Parkway designated 1181 Signs on National System of Interstate and Defense Highways 1371 Suspension of certain sales taxes ratified 995 Suspension of sales and use tax on sales to nonprofit hospitals ratified 1184 Suspension of sales tax on Holy Bibles and Testaments ratified 1183 Teacher Certification Policies Study Committee report adopted 1178 Teacher Hall of Fame 1374 Uniform Consumer Credit Code Study Committee 1430 Valuation of property of public utilities by State Revenue Commissioner 1180 Vender payments toward cost of nursing home care for blind, disabled and old-age benefit recipients 54 Western and Atlantic Railroad lease accepted 54 Western and Atlantic Railroad property 836

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INDEX A ABORTION, FOETICIDE AND INFANTICIDE Crimes, etc. 1432 ACWORTH, CITY OF Homestead exemptions, proposed amendment to the Constitution 1524 AGRICULTURAL COMMODITIES PROMOTION ACT Amended 398 AGRICULTURAL COMMODITIES SALES PROMOTION ACT Enacted 1118 AGRICULTURE Act authorizing grading, etc. of citrus fruit repealed 1116 Act regulating sale of flue-cured tobacco amended 1242 Concentrated commercial feeding stuffs 288 Promotion of agricultural and other products 1707 AGRICULTURE, COMMISSIONER OF Election, proposed amendment to the Constitution 1560 AIR TRANSPORTATION DEPARTMENT Created 130 AIRCRAFT Liability insurance policies 1414 AIRPORTS Sale, etc. of alcoholic beverages at airports owned or operated by counties or municipalities 1443 Sale, etc. of malt beverages at airports owned or operated by municipalities or counties 1441 Sale of wines at airports owned or operated by counties or municipalities 1438 ALBANY, CITY OF Charter amended 3352 City of Albany-Dougherty County boards of tax assessors, proposed amendment to the Constitution 1520 Contributions to employees' pension fund 2455

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ALCOHOLIC BEVERAGES Sale, etc. at airports owned or operated by counties or municipalities 1443 ALIENS Employment of aliens 1244 ALL-STATE BONDING COMPANY Relieved as surety on four bonds 3773 ALLENTOWN, TOWN OF Corporate limits 2348 ALLIGATORS Commercial production of alligators 480 Hunting licenses 479 AMBROSE, CITY OF Treasurer's duties 2091 ANHYDROUS AMMONIA Classified as hazardous substance 1084 AMERICUS, CITY COURT OF Name changed to Civil and Criminal Court of Sumter County, judge's salary 3428 APPELLATE PROCEDURE ACT OF 1965 Amended 1072 APPROPRIATIONS General Appropriations Act amended 146 ARNOLD, JACK LEE Compensation for damages 3273 ARNOLD, WILLIAM HARVEY Compensation for damages 3261 ARTS, GEORGIA COMMISSION Georgia Commission on the Arts created 1235

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ATHENS, CITY OF Charter amended 2830 Taxation, proposed amendment to the Constitution 1822 ATHLETIC ASSOCIATIONS Branches of University System 1377 ATKINSON COUNTY Board of commissioners of roads and revenues, referendum 2882 ATLANTA, CITY OF See also tabular indexMunicipalitiesHome Rule Amendments. Charter amended 3759 Debt limit, proposed amendment to the Constitution 1579 Historic zone, proposed amendment to the Constitution 1826 Issuance of bonds without referendum, proposed amendment to the Constitution 1582 , 1586 , 1589 Local education commission in Atlanta and Fulton County reestablished 3685 ATLANTA JUDICIAL CIRCUIT Salaries of assistant solicitorsgeneral 45 Salary of solicitor-general 1228 ATLANTA METROPOLITAN PLANNING DISTRICT ACT Amended 3494 ATLANTIC JUDICIAL CIRCUIT Judge's secretary 50 ATLANTIC STEEL CO. Exchange of land 528 ATTACHMENT Affidavits 1013 ATTORNEY'S FEES Notices on notes, etc. 317 ATTORNEY GENERAL Election, proposed amendment to the Constitution 1560 ATTORNEYS AT LAW Practice before State Board of Pardons and Paroles 1193 Qualifications of applicants 1159

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AUCTIONS Uniform Commercial Code amended 1101 AUDITS Uniform standards for audits of municipalities and counties 464 AUGUSTA, CITY OF Charter amended 2909 Civil service commission act amended 2703 Investment of pension funds 2457 Sale of Allen Park 2330 AUGUSTA JUDICIAL CIRCUIT Compensation of judges 355 AUSTELL, CITY OF Corporate limits 3614 B BACON COUNTY Office of tax commissioner created, referendum 3542 BAINBRIDGE, CITY OF Decatur CountyBainbridge Industrial Development Authority, proposed amendment to the Constitution 1780 Number of aldermen, referendum 2756 BALDWIN COUNTY Additional judge of superior court 343 Land conveyance to board of education 113 Milledgeville-Baldwin Industrial Development Authority, proposed amendment to the Constitution 1490 Motor vehicle registration, proposed amendment to the Constitution 1841 Tax collector and tax receiver placed on salary basis 3505 BALDWIN, TOWN OF Mayor's term of office, referendum 2400 BANKS AND BANKING Capital stock, etc. 1045 Credit Union Act amended 465 Incidental powers of banks 1044 Investments 1042 Loans to officers, etc. 329 Purchase of stocks and investments 1162

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BANKS COUNTY Solicitor general placed on salary basis 1424 BARBERS State Board of Barbers Act amended 421 BARROW COUNTY Solicitor general placed on salary basis 1424 BARTON, PAUL C. Compensation for damages 3292 BARTOW COUNTY Deputy sheriffs, cooks 2742 Water, sewerage, garbage disposal and fire protection districts, proposed amendment to the Constitution 1852 BAXLEY, CITY OF Charter amended 3596 BEN HILL COUNTY Salary of solicitor-general 19 BERRIEN COUNTY Commissioners of roads and revenues, referendum 2241 Tax commissioner placed on salary basis 3473 BIBB COUNTY Board of education and orphanage, referendum 2835 BLAKELY, CITY OF Charter amended 2112 BLECKLEY COUNTY Cochran-Bleckley School System, proposed amendment to the Constitution 1795 BLUE RIDGE, CITY OF Industrial development authority, proposed amendment to the Constitution 1828

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BONDS Elections in certain counties (250,000-500,000) 1007 Issuance of bonds for loans to students, proposed amendment to the Constitution 1597 Revenue Bond Law amended, maximum rate of interest 1010 BOOKKEEPING AND ACCOUNTING SYSTEMS Uniform systems in certain counties (25,250-28,250) 3312 BOSTON, CITY OF Election of marshal 2498 BOSTON SEED COMPANY Compensation for damages 3282 BOWMAN, CITY OF Mayor, city clerk and treasurer 2551 BRANTLEY COUNTY Commissioners of roads and revenues 2258 Named officers placed on salary basis 2301 Office of treasurerabolished 2741 BRANTLEY COUNTY DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 1731 BRANTLEY COUNTY DEVELOPMENT AUTHORITY ACT Enacted 3488 BREMEN, CITY OF Eminent domain 2727 BROOKLET, TOWN OF Punishment for violating ordinances 3448 BROOKS COUNTY Compensation of county commissioners 2397 BROWN, ALTON Compensation for damages 3267

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BROXTON, CITY OF Treasurer's duties 2096 BRUNSWICK, CITY COURT OF Deputy sheriffs 3539 BRUNSWICK, CITY OF Corporate limits 3670 Elections 3520 Revenue raising ordinances 3397 BRUNSWICK-GLYNN COUNTY CHARTER COMMISSION Created, etc. 2914 BRUNSWICK PORT AUTHORITY Bonds 554 BRYAN COUNTY Compensation of ordinary 2320 Compensation of tax commissioner 2549 Judge of superior court's secretary 50 BRYAN COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 1680 BULLOCH COUNTY Commissioners of roads and revenues 3632 Salaries of sheriff and deputies 3442 Salaries of tax commissioner's employees 3445 Salary of clerk of superior court 3437 Salary of ordinary 3439 Superior court terms 871 BULLOCH COUNTY, CIVIL AND CRIMINAL COURT OF Name changed from City Court of Statesboro, salaries 3433 BURKE COUNTY Compensation of superior court judges 355 Sheriff's salary, etc. 2979

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BUTTS COUNTY Compensation of deputy sheriffs 2042 Compensation of tax collector, etc. 2356 Employees of clerk of superior court 2044 BUTTS COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 1614 C CALHOUN COUNTY DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 1672 CAMDEN COUNTY DEVELOPMENT AUTHORITY Resolution proposing amendment to Constitution repealed 1179 CANDLER COUNTY Board of education, referendum 2446 CARROLL COUNTY Board of education, referendum 2256 , 2841 CARROLL COUNTY WATER AUTHORITY ACT Amended 2368 CARTERSVILLE, CITY OF Charter amended 3315 CATOOSA COUNTY Law books 2308 Powers of utilities commissioners 2281 Salaries of solicitor-general and clerk typist 48 CENTERVILLE, CITY OF Charter amended 2765 CERTIFIED PUBLIC ACCOUNTANTS Registration, etc. of nonresident Certified Public Accountants 1232 CHAMBLEE, CITY OF Ad valorem and sanitary taxes 2715

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CHANGE OF NAME Certificate 327 CHARLTON COUNTY Compensation of deputy sheriffs 2336 Depository for public funds 2334 Employees of clerk of superior court 2563 CHATHAM COUNTY Commissioner districts, etc. 2245 Employee-Management Cooperation Act 2953 Savannah-Chatham County, board of education, referendum 2636 Superior court judges' supplement 1168 CHATTAHOOCHEE COUNTY Board of education, referendum 2717 CHATTAHOOCHEE COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 1640 CHATTAHOOCHEE PLANTATION Corporate limits 3651 CHATTOOGA COUNTY Board of education, proposed amendment to the Constitution 1764 Compensation of deputy sheriffs, jailer 2792 Motor vehicle ad valorem taxes, proposed amendment to the Constitution 1766 Office of tax commissioner created 2492 Salaries of solicitor-general and clerk-typist 48 CHEROKEE COUNTY Fire protection districts, proposed amendment to the Constitution 1743 School districts, referendum 3751 CHEROKEE COUNTY AIRPORT AUTHORITY Created, proposed amendment to the Constitution 1545 CITIZENS BAND RADIO STATIONS Special motor vehicle license plates 43

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CITRUS FRUITS Act authorizing grading, etc. repealed 1116 CITY COURT OF AMERICUS Name changed to Civil and Criminal Court of Sumter County, judge's salary 3428 CITY COURT OF BRUNSWICK Deputy sheriffs 3539 CITY COURT OF COLQUITT COUNTY Name changed to Civil and Criminal Court of Colquitt County 2139 CITY COURT OF DUBLIN Name changed to State Court of Laurens County 2019 CITY COURT OF HABERSHAM COUNTY Judge, practice and procedure 3678 CITY COURT OF JEFFERSON Salaries, terms, etc. 3668 CITY COURT OF LOWNDES COUNTY Election of judge and solicitor 2332 CITY COURT OF MILLEN Salaries of judge and solicitor 2586 CITY COURT OF SPRINGFIELD Judge's salary 2584 CITY COURT OF STATESBORO Name changed to Civil and Criminal Court of Bulloch County, salaries 3433 CITY COURT OF STEPHENS COUNTY Salaries of judge and solicitor 3546 CITY COURT OF WAYNESBORO Compensation of judge and solicitor 2542

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CIVIL AND CRIMINAL COURT OF BULLOCH COUNTY Name changed from City Court of Statesboro, salaries 3433 CIVIL AND CRIMINAL COURT OF COBB COUNTY Jurisdiction, clerk, salaries, etc. 2948 CIVIL AND CRIMINAL COURT OF COLQUITT COUNTY Name changed from City Court of Colquitt County 2139 CIVIL AND CRIMINAL COURT OF DEKALB COUNTY Solicitor's salary, costs, etc. 2928 CIVIL AND CRIMINAL COURT OF GRADY COUNTY Salaries 2817 CIVIL AND CRIMINAL COURT OF SUMTER COUNTY Named chanted from City Court of Americus, judge's salary 3428 CIVIL PRACTICE ACT OF 1966 Amended 1104 Amended, service by publication 1036 CLAIMS AGAINST STATE HIGHWAY DEPARTMENT 1941 Act repealed 1052 CLARKE COUNTY Board of education, proposed amendment to the Constitution 1530 Taxation, proposed amendment to the Constitution 1822 CLARKE COUNTY, JUVENILE COURT OF Judge's salary 3624 CLAXTON, CITY OF Compensation of mayor and aldermen 3475 CLAY COUNTY DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 1634 CLAYTON COUNTY Board of county commissioners 3501 Civil service Act amended 2759 Compensation of chairman of commissioners of roads and revenues 2579 Regulation and control of junkyards 2451 Term of additional judge of superior court 348

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CODE OF ETHICS FOR GOVERNMENT SERVICE Adopted 1369 COFFEE COUNTY Board of commissioners of roads and revenues, referendum 2181 Board of education; referendum 2177 Compensation of sheriff's clerk 2187 Duties of clerk of commissioners 2098 COLLEGE PARK, CITY OF Charter amended 3640 COLQUITT AND MILLER COUNTY DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 1543 COLQUITT, CITY OF Corporate limits 2399 COLQUITT COUNTY Compensation of ordinary 2141 COLQUITT COUNTY, CITY COURT OF Name changed to Civil and Criminal Court of Colquitt County 2139 COLQUITT COUNTY, CIVIL AND CRIMINAL COURT OF Name changed from City Court of Colquitt County 2139 COLUMBIA COUNTY Authority to construct streets, sidewalks, etc. 2440 Board of education; referendum 2708 Commissioners of roads and revenues 2338 Compensation of superior court judges 355 Sheriff's salary 2064 COLUMBUS, CITY OF See also tabular indexMunicipalitiesHome Rule Amendments. Muscogee County-City of Columbus Charter Commission, proposed amendment to the Constitution 1508

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COLUMBUS, MUNICIPAL COURT OF Dismissal for lack of prosecution, costs in dispossessory warrant cases 2706 COMMERCIAL FISHING Regulation, etc. 202 COMMISSIONER OF AGRICULTURE Election, proposed amendment to the Constitution 1560 COMMISSIONER OF LABOR Election, proposed amendment to the Constitution 1560 COMPTROLLER GENERAL Election, proposed amendment to the Constitution 1560 CONASAUGA JUDICIAL CIRCUIT Judge's salary 377 CONCENTRATED COMMERCIAL FEEDING STUFFS Inspection fees 288 CONSTITUTION See also Tabular IndexProposed Amendments to the Constitution . Amendment or submission of new Constitution to the people, procedure, proposed amendment to the Constitution 1576 CONTINE, MISS MARIE YVETTE Compensation for damages 3303 COOK COUNTY Compensation of ordinary 2496 COOSA VALLEY AREA VOCATIONAL TECHNICAL SCHOOL SYSTEM Created, etc. 3756 CORDELE OFFICE BUILDING AUTHORITY Created, proposed amendment to the Constitution 1715

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CORDELE, CITY OF Crisp County-Cordele Industrial Development Authority, proposed amendment to the Constitution 1757 CORDELE JUDICIAL CIRCUIT Salary of solicitor-general 19 CORPORATIONS Georgia Business Corporation Code 565 CORRECTIONS, STATE BOARD OF Act amended 1399 Oaths of wardens, etc. 1155 Prisoner's demand for trial on pending indictments, etc. 1110 Sale of goods manufactured by inmates 1092 COUGH, WILLIAM Compensation to heirs at law 3296 COUNTIES AND COUNTY MATTERS Authority of governing authorities 447 Court personnel authorized to attend conferences, etc. 1191 Names of governing authorities 1141 Purchases by State Supervisor of Purchases 1352 Sale, etc. of alcoholic beverages at airports owned or operated by counties or municipalities 1443 Sale, etc. of malt beverages at airports owned or operated by municipalities or counties 1441 Sale of wine at airports owned or operated by counties or municipalities 1438 Uniform standards for audits 464 COUNTY COURT OF ECHOLS COUNTY Judge's term of office 3419 COURT REPORTERS Compensation 1230 Compensation in certain counties (500,000 or more) 2358 COUNTY SURVEYORS Fees 1413 COURTS Authorization for personnel to attend conferences, etc. 1191

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COVINGTON, J. B. Compensation for damages 3265 COVINGTON, CITY OF Conflicts of interest, crimes 2802 COWETA COUNTY Bonds, proposed amendment to the Constitution 1449 School system, proposed amendment to the Constitution 1452 CREDIT UNIONS ACT Amended 465 CRIMINAL CODE OF GEORGIA Enacted 1249 CRIMINAL COURT OF FULTON COUNTY Correction of errors and appeals 2969 CRIMINAL PROCEDURE Alternate jurors in felony cases 1225 Georgia Criminal Justice Act 999 Prisoner's demand for trial on pending indictments, etc. 1110 Probation for first offenders 324 Sale of contraband malt beverages 1142 Use of radar speed detection devices 425 CRIMES Abortion, foeticide and infanticide 1432 Appearances before State Board of Pardons and Paroles 1193 Conspiracy 326 Driving or operating motor vehicles under influence of intoxicants 448 False report of crimes 983 Fraudulent conversion of leased personal property 1041 Gambling activities on or adjacent to business 1198 Inhaling, etc. model glue 1194 Obscene or harassing telephone calls 9 Possession of firearms during commission of crimes 982 Repeal of Act prohibiting discharge of firearms on Sunday 1246 Solicitation of money by use of invoice for goods, etc., not ordered 322 Tie in sales of books, magazines, etc. 998 Unlawful election campaign practices 828

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CRISP COUNTY Salary of solicitor-general 19 CRISP COUNTY-CORDELE INDUSTRIAL DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 1757 CRUEL TREATMENT OF CHILDREN Reports 1196 CUMMINGS, CITY OF Charter amended 3345 D DADE COUNTY Salaries of solicitor-general and clerk typist 48 DAISY, CITY OF New charter, referendum 3722 DALTON, CITY OF Building authority, proposed amendment to the Constitution 1466 Corporate limits 2172 Dalton-Whitfield County Development Authority, proposed amendment to the Constitution 1482 DARDEN, L. D. Compensation for damages 3293 DASHER, TOWN OF Charter amended 2350 DAWSON COUNTY Compensation of commissioner of roads and revenues 2353 DECATUR, CITY OF Off street parking, proposed amendment to the Constitution 1515 Parking Authority Act 2892

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DECATUR COUNTY-BAINBRIDGE INDUSTRIAL DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 1780 DECATUR COUNTY Board of education, referendum 2565 Jurisdiction of justices of the peace, proposed amendment to the Constitution 1539 Publication of receipts and expenditures by board of education 2556 DECEPTIVE TRADE PRACTICES ACT Enacted 337 DEKALB COUNTY Commissioner districts, etc. 3658 Merit salary increases 2047 Planning Commission Act amended 3456 Political advertisements 2972 Recorder's court clerk 3666 Terms of superior court 376 Zoning 3406 DEKALB COUNTY, CIVIL AND CRIMINAL COURT OF Solicitor's salary, costs, etc. 2928 DEPARTMENT OF INDUSTRY AND TRADE Expenditures, proposed amendment to the Constitution 1882 Expenses 1411 DEPARTMENT OF STATE PARKS Director's salary 316 DEPARTMENT OF URBAN AND MUNICIPAL AFFAIRS STUDY COMMITTEE Created 1172 DEVELOPMENT AUTHORITIES General Assembly authorized to create, proposed amendment to the Constitution 1606 DISPOSSESSORY WARRANTS Execution in certain counties (500,000 or more) 51

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DISTRICT ATTORNEY Office of solicitor-general designated as district attorney, proposed amendment to the Constitution 1567 DODGE COUNTY-EASTMAN DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 1693 DOERUN, CITY OF Recorder's court 2126 DONALSONVILLE, CITY OF Salaries of mayor and aldermen 2682 DOOLY COUNTY Clerical allowance for ordinary 2725 Salary of solicitor-general 19 Small claims court created 2429 DOOLY COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 1768 DORAVILLE, CITY OF Charter amended 3336 DOUGHERTY COUNTY City of Albany-Dougherty County boards of tax assessors, etc. proposed amendment to the Constitution 1520 Compensation of ordinary 3771 DOUGLAS, CITY OF Elections, city manager 2085 DOUGLAS COUNTY Act placing named officers on salary basis amended 2366 Board of education, referendum 2262 , 3764 Commissioners of roads and revenues 2294 Water, sanitation, sewerage and fire protection districts, proposed amendment to the Constitution 1791 DOUGLASVILLE, CITY OF Salaries of mayor, councilmen and recorder 2298

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DOWER Dower rights, etc. 1093 , 1227 DRIVERS' LICENSES Honorary 1202 Suspension 430 DRIVER TRAINING SCHOOL LICENSE ACT Enacted 436 DUBLIN, CITY COURT OF Name change to State Court of Laurens County 2019 E EARLY COUNTY Commissioners of roads and revenues 2110 EARLY COUNTY DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 1608 EAST THOMASTON, VILLAGE OF Charter repealed 2561 EASTERN JUDICIAL CIRCUIT Judges' supplement 1168 EASTMAN, CITY OF Charter amended 2413 Dodge County-Eastman Development Authority, proposed amendment to the Constitution 1693 EATONTON, CITY OF Salaries of members of council 3518 ECHOLS COUNTY Board of education, referendum 3514 Terms of members of board of county commissioners 3418 ECHOLS, COUNTY COURT OF Judge's term of office 3419

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ECHOLS, MISS MARGARET Compensation for damages 3452 EDUCATION Exceptional children 120 Georgia Higher Education Assistance Committee created 1082 Immunization of pupils of public schools 1436 Issuance of bonds for loans to students, proposed amendment to the Constitution 1597 Minimum Foundation Program of Education Act amended 135 , 1161 Professional Teaching Practices Act amended 330 Public school employees' retirement system authorized, proposed amendment to the Constitution 1595 Regulation of certain contracts 335 Teacher Hall of Fame 1374 EDUCATION, STATE DEPARTMENT OF Industry Services Advisory Committee 1138 EFFINGHAM COUNTY Superior court terms 871 EFFINGHAM COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 1733 ELBERT COUNTY Sheriff's budget 2554 ELBERT COUNTY INDUSTRIAL BUILDING AUTHORITY Created, proposed amendment to the Constitution 1600 ELECTIONS Election districts 860 Election Laws Study Committee 833 Election of Executive Officers, proposed amendment to the Constitution 1560 Georgia Election Code amended 871 , 885 Governors election, proposed amendment to the Constitution 1562 Interpretation of elections of members of General Assembly 870 Members of General Assembly, proposed amendment to the Constitution 1565 Methods of casting votes 850

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Nomination of candidates by conventions 867 Notice of candidacy 826 , 856 Presidential electors 257 State Election Board 862 Unlawful campaign practices 828 Vote recorders 861 Voter qualifications 847 Voter registration in municipalities 866 Voting for presidential electors 851 ELIZABETH, CITY OF Corporate limits 2651 EMANUEL COUNTY Board of education; referendum 2487 EMPLOYEES' RETIREMENT SYSTEM OF GEORGIA ACT Amended 1356 , 1361 , 1407 Credit for service in General Assembly 199 Involuntary separation defined 195 EQUAL PAY FOR EQUAL WORK ACT Amended 1392 EQUALIZED ADJUSTED SCHOOL PROPERTY TAX DIGEST ACT Amended, digest for 1969 283 EVANS COUNTY Judge of superior court's secretary 50 Salary of clerk of superior court 3459 Salaries of commissioners of roads and revenues and clerk 3460 EVANS COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 1556 EVICTION NOTICES Code 61-306 amended 124 EXAMINING BOARDS Additional points for veterans on examinations 1213 Board of Recreation Examiners created 137 Georgia Real Estate Commission Act amended 277 State Board of Barbers Act amended 421 State Board of Examiners of Plumbing Contractors 308

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EXCEPTIONAL CHILDREN Education 120 EXECUTIVE CENTER Official residence of Governor 378 EXECUTIVE DEPARTMENT Passenger automobiles 477 F FALES, ROBERT M. Compensation for damages 3301 FALSE REPORTS OF CRIMES Misdemeanor 983 FAMILY PLANNING SERVICES ACT Amended 558 FANNIN COUNTY Automobile allowance for sheriff and deputy sheriff 2713 Salary of county commissioner 3484 Tax collector placed on salary basis 3716 FAYETTE COUNTY Salary of clerk of superior court 3551 Salary of ordinary 3662 Salary of solicitor-general 455 Salary of tax commissioner 3553 Sheriff's salary 3664 Water, sewerage and fire protection districts, proposed amendment to the Constitution 1517 FERGUSON, MRS. J. E. Compensation for damages 3289 FIREMEN Scholarships to children under certain circumstances, proposed amendment to the Constitution 1573 FIREMEN'S PENSION FUND ACT Amended 441

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FITZPATRICK, CLYDE N. Compensation for damages 3285 FLOYD COUNTY Merit System Act amended 3400 FLOYD COUNTY BOARD OF EDUCATION Insurance for employees, proposed amendment to the Constitution 1584 Members' terms, proposed amendment to the Constitution 1798 FOLKSTON, CITY OF Authority to abandon named streets 2346 City manager 3334 Corporate limits, referendum 2342 FOREST PARK, CITY OF See tabular indexMunicipalitiesHome Rule Amendments. FORSYTH COUNTY Compensation of chairman and clerk of commissioners of roads and revenues 2570 FORT OGLETHORPE, TOWN OF Charter amended 3610 FORWARD GEORGIA COMMISSION Created 980 FRANKLIN SPRINGS, CITY OF Terms of mayor and councilmen 2546 FULTON COUNTY Acceptance of personal checks by tax commissioner, proposed amendment to the Constitution 1571 Duties of tax commissioner, etc. 3453 , 3762 Employees' pensions 2149 , 2290 Judges' and Solicitor-General Retirement Fund of Fulton County amended 2864 Local education commission in Atlanta and Fulton County reestablished 3685

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Public defender eligible for membership in retirement system 2309 Salaries of assistant solicitors-general 45 Salary of solicitor-general 1228 FULTON, CRIMINAL COURT OF Correction of errors and appeals 2969 G GAMBLING Gambling activities on or adjacent to business 1198 GAME AND FISH Alligator hunting licenses 479 Commercial fishing, etc. 202 Commercial production of alligators 480 Employees' compensation, proposed amendment to the Constitution 1886 Hunting with recorded sounds, etc. in certain counties (44,000-45,300) 3684 Motorboat Numbering Act amended 487 State Game and Fish Commission Act amended 497 GAME AND FISH COMMISSION New Game and Fish Commission created, proposed amendment to the Constitution 1627 GENERAL APPROPRIATIONS ACT Amended 146 GENERAL ASSEMBLY Authorized to create development authorities, proposed amendment to the Constitution 1606 Bills changing compensation of certain State officials 1212 Credit under Employees Retirement System for service in General Assembly 199 Distinctive license plates for members 1216 Effective dates of statutes 1364 Exemption of members from subpoenas, etc. during sessions 1200 Georgia Legislation Retirement System Act amended 1354 Marketing of milk regulated, proposed amendment to the Constitution 1588 Members' terms, proposed amendment to the Constitution 1565 Reapportionment of House of Representatives 209 Reapportionment of Senate 36 Thirty-second Senatorial district 560

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GEORGIA ADMINISTRATIVE PROCEDURE ACT Amended, distribution of rules 115 GEORGIA AGRICULTURAL COMMODITIES PROMOTION ACT Amended 398 GEORGIA AGRICULTURAL COMMODITIES SALES PROMOTION ACT Enacted 1118 GEORGIA BUSINESS CORPORATION CODE Enacted 565 GEORGIA CIVIL PRACTICE ACT Amended 1104 Amended, service by publication 1036 GEORGIA COMMISSION OF THE ARTS Created, etc. 1235 GEORGIA CRIMINAL JUSTICE ACT Enacted 999 GEORGIA ELECITON CODE See Elections. GEORGIA FIREARMS AND WEAPONS ACT Enacted 983 GEORGIA GOVERNMENT DOCUMENTS ACT OF 1967 Enacted 1186 GEORGIA HEALTH CODE Bonds of hospital authorities 1098 Hospitalization under court order 333 Interest rate on bonds of hospital authorities 1097 Radioactive waste disposal 1152 GEORGIA HIGHER EDUCATION ASSISTANCE COMMITTEE Created 1082

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GEORGIA HIGHER EDUCATION ASSISTANCE CORPORATION ACT Amended 386 GEORGIA INTERDEPARTMENTAL COUNCIL OF THE HANDICAPPED Created 1079 GEORGIA INSURANCE CODE Cancellation of automobile insurance policies 1126 GEORGIA LEGISLATIVE RETIREMENT SYSTEM ACT Amended 1354 GEORGIA MOTORBOAT NUMBERING ACT Amended 487 GEORGIA MUNICIPAL ELECTION CODE Enacted 885 GEORGIA POLYGRAPH EXAMINERS' ACT Enacted 1217 GEORGIA PRISON INDUSTRIES ACT Amended 1011 GEORGIA REAL ESTATE COMMISSION ACT Amended 277 GEORGIA RETAILERS' AND CONSUMERS' SALES AND USE TAX ACT Amended, agricultural exemptions 129 Amended, farm implements exemption 136 Amended, transit facilities by public bodies 201 Sale of food by schools 545 Sales to private schools 559 Suspension of certain sales taxes ratified 995 Suspension of sales and use tax on sales to nonprofit hospitals ratified 1184 Suspension of sales tax on Holy Bible and Testaments ratified 1183 Use of products by manufacturers 496

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GEORGIA STATE BOARD OF NURSING HOMES ACT Enacted 1143 GEORGIA STATE SCHOLARSHIP COMMISSION ACT Amended 385 GEORGIA STATE WAR VETERANS HOME ACT Amended 1247 GEORGIA SURFACE MINING ACT OF 1968 Enacted 9 GILMER COUNTY Issuance of tax fi. fas. by tax commissioner, proposed amendement to the Constitution 1488 Office of tax commissioner created 2305 GLASCOCK COUNTY Compensation of commissioners of roads and revenues 2444 Compensation of tax commissioner 2626 Compensation of treasurer 2442 Solicitor-General placed on salary basis 247 GLASCOCK COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 1866 GLENWOOD, CITY OF Mayor and councilmen 2798 GLUE, MODEL Inhaling, etc. a crime 1194 GLYNN COUNTY Brunswick-Glynn County Charter Commission created, etc. 2914 Deputy sheriffs 3536 GLYNN COUNTY, JUVENILE COURT OF Judge's salary 3365 GORDON COUNTY Board of commissioners of roads and revenues, referendum 2030 Clerk of superior court and ordinary placed on salary basis 2686 Development authority 3325

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GOVERNING AUTHORITIES Names of county governing authorities 1141 GOVERNOR Election, proposed amendment to the Constitution 1562 Investigations into charges against sheriffs 1248 Official residence 378 Passenger automobiles 477 Succession in event of death of Governor-Elect, proposed amendment to the Constitution 1558 GOVERNOR'S MANSION ON THE PRADO Disposal authorized 1382 GOVERNOR'S TRAFFIC SAFETY STUDY COMMITTEE Created 1384 GRADY COUNTY Board of education, referendum 2120 Salaries of sheriff's employees 2819 GRADY COUNTY, CIVIL AND CRIMINAL COURT OF Salaries 2817 GRAND JURIES Selection 533 Selection in certain counties (45,300-46,000) 371 GRANT, A. H. Compensation for damages 3288 GRANTS TO MUNICIPALITIES Minimum grants under 1967 Act 3696 GREEN, MRS. LOUIE MAE Compensation for damages 2908 GREENE COUNTY Additional judge of superior court 343 Compensation of commissioners of roads and revenues 2615 Compensation of named officers 2603 Compensation of tax commissioner 2621

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GRIFFIN, BURCH Compensation for damages 3306 GRIFFIN, CITY OF Land conveyance authorized 1174 GRIFFIN JUDICIAL CIRCUIT Compensation of court reporter 349 Salary of solicitor-general 455 GUARDIAN AND WARD Amount of funds which may be remitted or ordinaries 1363 Bond of natural guardian 1039 GUYTON, TOWN OF Voter registration, elections 3523 GWINNETT COUNTY Board of commissioners of roads and revenues, referendum 2003 Board of education, proposed amendment to the Constitution 1887 Merit system of employment, proposed amendment to the Constitution 1884 GWINNETT JUDICIAL CIRCUIT Judge's salary 1365 H HABERSHAM COUNTY, CITY COURT OF Judge, practice and procedure 3678 HAMBY, W. B. Compensation for damages 3283 HANCOCK COUNTY Additional judge of superior court 343 Clerical help for tax commissioner 2314 Salaries of named officers 2534 HANDICAPPED PERSONS Georgia Interdepartmental Council of the Handicapped created 1079

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HAPEVILLE, CITY OF Charter amended 3719 HARRIS COUNTY Small Claims Court Act amended 2462 HARRISON, MRS. GENEVA J. Compensation for damages 3277 HAWKINSVILLE, CITY OF Pulaski County-Hawkinsville Development Authority, proposed amendment to the Constitution 1496 HEARD COUNTY Deputy sheriffs 2701 HENRY COUNTY Board of county commissioners 3378 Election of board of commissioners, referendum 3375 Form of government, proposed amendment to the Constitution 1741 Indebtedness for water and sewerage purposes, proposed amendment to the Constitution 1774 Salaries of clerk of superior court and ordinary 3392 Tax to support water authority, etc., proposed amendment to the Constitution 1739 HIGHER EDUCATION ASSISTANCE CORPORATION ACT Amended 386 HIGHWAY DEPARTMENT Claims against State Highway Department, 1941 act repealed 1052 Cost of relocating utility lines, etc. 345 Reimbursement of Law Department for legal services 289 Reports to Governor 1064 State Highway Department Act Amended 1055 HIGHWAY LAWS REVISION COMMITTEE Created 1176

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HIGHWAYS Enforcement of weight and load limitations of motor vehicles 193 Jefferson Davis Memorial Highway designated 1375 Lumber and logs hauled on public highways 1094 Motor vehicle load and size limitations 30 Sale of merchandise while parked on State Highway right-of-ways 1053 Signs on National System of Interstate and Defense Highways 1371 Speed restrictions on limited access highways 1158 Traffic regulations 1065 HINELY, JOSEPH E., JR. Compensation for damages 3266 HOGANSVILLE, CITY OF Sale of public utilities 2525 HOLBROOK, MRS. RUBY ODELL AND ROBERT ANDREW Compensation for damages 3294 HOMELAND, CITY OF New charter, referendum 2984 HOMESTEAD EXEMPTIONS FOR PERSONS OVER 65 YEARS OF AGE Created, proposed amendment to the Constitution 1690 HORTON, WILLIAM FRANK Compensation for damages 3278 HOSPITAL ADVISORY COUNCIL ACT Amended 1421 HOSPITAL AUTHORITIES Bonds 1097 , 1098 HOUSCH, ROBERT A. Compensation for damages 3275 HOUSE OF REPRESENTATIVES Reapportionment 209

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HOUSTON COUNTY Budget of clerk of superior court 3369 Budget of ordinary 3373 Creation of special court authorized, proposed amendment to the Constitution 1805 Sheriff's budget 3371 Tax commissioner's budget 3367 HOUSTON COUNTY BUILDING COMMISSION Created, proposed amendment to the Constitution 1807 HOUSTON COUNTY, STATE COURT OF Jurisdiction, solicitor's duties 2656 HUSBAND AND WIFE Parental consent for underage marriages 382 I INDUSTRY AND TRADE, DEPARTMENT OF Expenditures, proposed amendment to the Constitution 1882 Expenses 1411 INDUSTRY SERVICES ADVISORY COMMITTEE Created 1138 INSURANCE Amended, aircraft liability policies 1414 Amended, uninsured motorist policies 1415 Cancellation of automobile insurance policies 1126 Municipal taxation of life insurance companies 1396 Uninsured motor vehicle defined 1089 INTOXICATING LIQUORS Contraband used in manufacture 1051 IRON CITY, TOWN OF Terms of mayor and aldermen 2814 IRWIN COUNTY Office of tax commissioner created, referendum 2822

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IRWINTON, TOWN OF New charter 3092 IVEY, TOWN OF Corporate limits 3480 J JACKSON COUNTY Office of tax commissioner created, named officers placed on salary basis 2536 Solicitor-general placed on salary basis 1424 JACKSON COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 1800 JASPER COUNTY Additional judge of superior court 343 Commission posts 3629 JASPER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 1550 JEFFERSON, CITY COURT OF Salaries, terms, etc. 3668 JEFFERSON COUNTY Board of education, referendum 3421 Office of tax commissioner created 2573 JEFFERSON DAVIS MEMORIAL HIGHWAY Designated 1375 JENKINS COUNTY Board of Education, referendum 2965 Commissioners of roads and revenues, referendum 2960 Compensation of clerk of superior court 2373 Compensation of ordinary 2375 Superior court terms 871 JESUP, CITY OF Charter amended 3356

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JOHNSON COUNTY Compensation of deputy sheriff 2723 JOINT MUNICIPAL EMPLOYEES' RETIREMENT SYSTEM ACT Amended 1387 JONES COUNTY Additional judge of superior court 343 Deputy sheriffs 3431 JONES, LAURIE M. Compensation for damages 3299 JONES, MILES A., JR. Compensation for damages 3271 JUDGE OF SUPERIOR COURTS EMERITUS ACT Amended 275 JURIES Alternate jurors in felony cases 1225 Selection of grand and traverse jurors 533 Selection of grand juries in certain counties (45,300-46,000) 371 JUSTICES OF THE PEACE Jurisdiction in civil cases, proposed amendment to the Constitution 1594 JUVENILE COURT ACT Amended 1013 JUVENILE COURTS Judges salaries in certain counties (250,000-500,000) 2046 JUVENILE COURT LAW STUDY COMMISSION Created 1170 JUVENILE COURT OF CLARKE COUNTY Judge's salary 3624

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JUVENILE COURT OF GLYNN COUNTY Judge's salary 3365 L LABOR, COMMISSIONER OF Election; proposed amendment to the Constitution 1560 LABOR, DEPARTMENT Equal Pay for Equal Work Act amended 1392 LABORER'S AND MATERIALMEN'S LIENS Enforcement 317 LAGRANGE, CITY OF New charter 2191 LAKE CITY, CITY OF Charter amended 3712 LAKE LANIER ISLANDS DEVELOPMENT AUTHORITY ACT Amended 1132 LANDLORD AND TENANT Eviction notices 124 Proceedings against tenants holding over in certain counties (500,000 or more) 1215 LAURENS COUNTY, STATE COURT OF Name changed from City Court of Dublin 2019 LAW DEPARTMENT Reimbursement by Highway Department for legal services 289 LAW LIBRARIES Act authorizing law libraries in certain counties amended (23,500-24,000) 3313 Act creating law libraries in certain counties (114,000-135,000) 2875 Authorized in certain counties (13,430-13,660) 2287 Authorized in certain counties (16,700-16,800) 2292 Created in certain counties (45,300-46,300) 2957

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LAWRENCEVILLE, CITY OF Corporate limits 2812 LEARY, CITY OF Charter amended 2116 LEASED PERSONAL PROPERTY Fraudulent conversion 1041 LEE COUNTY DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 1532 LEGAL ADVERTISEMENTS Rates 126 LEGISLATIVE RETIREMENT SYSTEM ACT Amended 1354 LENOX, TOWN OF Authority to lease described land 2599 LIBERTY COUNTY Judge of superior court's secretary 50 LIENS U. S. Internal Revenue Tax liens 561 LINCOLN COUNTY Lincolnton and Lincoln County Development Authority created, proposed amendment to the Constitution 1702 Solicitor-General placed on salary basis 247 LINCOLNTON AND LINCOLN COUNTY DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 1702 LIQUOR STORES Act prohibiting employment of females repealed 287 LITERATURE COMMISSION State Literature Commission Act amended 319

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LONG COUNTY Compensation of sheriff, etc. 2101 County Attorney 2581 Judge of superior court's secretary 50 LOOKOUT MOUNTAIN, CITY OF Incorported, referendum 2152 LOOKOUT MOUNTAIN JUDICIAL CIRCUIT Salaries of solicitor-general and clerk typist 48 LORD, JAMES C. Compensation for damages 3270 LOUISVILLE AND NASHVILLE RAILROAD COMPANY Lease of Western and Atlantic Railroad 54 LOWNDES COUNTY Authority to consolidate ad valorem tax matters with City of Valdosta, proposed amendment to the Constitution 1777 Salary of chief deputy sheriff 3485 LOWNDES COUNTY, CITY COURT OF Election of judge and solicitor 2332 LUMBER Lumber and logs hauled on public highways 1094 LYONS, CITY OF Charter amended 2052 Mc McDONOUGH, CITY OF Sale of public recreational facilities 3622 McDUFFIE COUNTY Solicitor-General placed on salary basis 247 McINTOSH COUNTY Compensation of ordinary 2371 Judge of superior court's secretary 50 Sheriff's expenses allowance, etc. 2453

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McINTOSH COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 1834 McRAE, CITY OF Corporate limits 2405 Elections 2729 M MACHINERY CITY Charter repealed 3656 MACON, CITY OF Charter amended 2795 MACON COUNTY Office of tax commissioner created, referendum 2663 Salary of ordinary 2460 MADISON COUNTY Clerk of board of commissioners 3647 Deputy sheriffs 3649 Personnel in offices of clerk of superior court, ordinary and tax commissioner 3549 MALT BEVERAGES Sale, etc. at airport owned or operated by municipalities or counties 1441 Sale of contraband malt beverages 1142 MANCHESTER, CITY OF Elections 2107 MARIETTA, CITY OF Authority of board of education to dispose of property 3710 Charter amended 2475 Cobb County-Marietta Water Authority Act amended 3533 Corporate limits 3530 Homestead exemptions, proposed amendment to the Constitution 1678 MARRIAGE Parental consent for underage marriage 382

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MEDICAL ABORTIONS Authorized, regulated 1432 MEDICAL AND SCIENTIFIC RESEARCH FACILITIES Exemptions from law in certain counties (22,000-23,400) 2125 MEDICAL EDUCATION BOARD Created, proposed amendment to the Constitution 1686 MEMORIAL DAY May 30th public and legal holiday 986 MERIWETHER COUNTY Act placing named officers on salary basis amended 2103 MIDWAY, CITY OF Salaries of mayor and councilmen 3681 MILAN, CITY OF Corporate limits 2408 MILK Marketing regulated by General Assembly, proposed amendment to the Constitution 1588 MILLEDGEVILLE-BALDWIN COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 1490 MILLER, CITY COURT OF Salaries of judge and solicitor 2586 MILLER COUNTY Board of education, referendum 2529 Check system 2912 Colquitt and Miller County Development Authority, proposed amendment to the Constitution 1543 MINCEY, CARROLL J. Compensation for damages 3298

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MINES AND MINING Georgia Surface Mining Act of 1968 9 MINIMUM FOUNDATION PROGRAM OF EDUCATION ACT Amended 135 , 1161 MITCHELL COUNTY Office of tax commissioner created 2267 MODEL GLUE Inhaling, etc. a crime 1194 MONCUS, EUGENE G. Compensation for damages 3269 MONTGOMERY COUNTY Salary of tax commissioner 3416 MOODY, H. K. Compensation for damages 3308 MORGAN COUNTY Additional judge of superior court 343 Compensation, etc. of named officers 2607 Compensation of commissioners of roads and revenues 3585 Office of tax commissioner created 2610 Office of treasurer abolished 2613 MORROW, CITY OF Charter amended 2853 MOTORBOAT NUMBERING ACT Amended 487 MOTOR CARRIERS Registration, etc. 396 Tax for use of highways 360 MOTOR COMMON CARRIERS Registration, etc. 392

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MOTOR VEHICLES Ad valorem taxes 380 Disposal by automobile wrecking companies 197 Driving or operating under influence of intoxicants 448 Enforcement of weight and load limitations 193 Hauling of dirt, gravel, etc. in certain counties (500,000 or more) 2983 Impounding of vehicles parked in private parking areas 321 License plates to citizens band radio operators 43 License tags to disabled veterans 1211 Load and size limitations 30 Passenger vehicles for use of Executive Department, etc. 477 Permits for overload and oversize vehicles 341 Prestige License Plates Act 1404 Purchase of license plates by mail 1386 Radar speed detection devices 425 Reflective license plates 424 Speed restrictions on limited access highways 987 Suspension of operator licenses 430 The Driver Training School License Act 436 Traffic regulations 1065 Uninsured motorist insurance policies 1415 Uninsured motor vehicles defined 1089 Used Car Dealers' Registration Act amended 23 MOULTRIE, CITY OF Charter amended, referendum 2130 MOUNT VERNON, CITY OF Corporate limits 2680 MOVABLE HOMES The Uniform Standards Code for Factory Manufacturer Movable Homes Act 415 MUNICIPAL COURT OF COLUMBUS Dismissal for lack of prosecution, costs in dispossessory warrant cases 2706 MUNICIPAL COURT OF SAVANNAH Jurisdiction, procedure, costs 2576 MUNICIPAL EMPLOYEES' RETIREMENT SYSTEM ACT Amended 1387

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MUNICIPALITIES Enforcement of traffic laws 1422 Minimum grants under 1967 Act 3696 Publication of financial statements 323 Purchases by State Supervisor of Purchases 1352 Sale, etc. of alcoholic beverages at Airports owned or operated by counties or municipalities 1443 Sale, etc. of malt beverages at airports owned or operated by municipalities or counties 1441 Sale of wine at airports owned or operated by counties or municipalities 1438 Taxation of life insurance companies 1396 Uniform standards for audits 464 Voter registration 866 MURRAY COUNTY Salary of judge of superior court 377 MOSCOGEE COUNTY Muscogee County-City of Columbus charter commission, proposed amendment to the Constitution 1508 Ordinances, proposed amendment to the Constitution 1526 Sanitation districts,proposed amendment to the Constitution 1540 MUSCOGEE COUNTY AIRPORT COMMISSION Created, proposed amendment to the Constitution 1655 N NASHVILLE, CITY OF Corporate limits 3754 NATIONAL MEMORIAL DAY Public and legal holiday 986 NEGOTIABLE INSTRUMENTS Notices of attorney's fees 317 NEWTON COUNTY Act placing sheriff on salary basis amended 2735 Terms of superior court 376 NICHOLLS, CITY OF Compensation of mayor and aldermen 2189 Treasurer's duties 2093

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NORTH GEORGIA MOUNTAINS AUTHORITY Enacted 297 NORTH GEORGIA MOUNTAINS COMMISSIONS ACT Enacted 291 NORTH HIGH SHOALS, TOWN OF Corporate limits 2624 NURSING HOMES Georgia State Board of Nursing Homes Act 1143 O OCMULGEE JUDICIAL CIRCUIT Additional judge 343 OGEECHEE JUDICAL CIRCUIT Terms 871 OGLETHORPE, CITY OF See tabular indexMunicipalitiesHome Rule Amendments. OKEFENOKEE PARKWAY Designated 1181 ORDINARIES Compensation in certain counties (500,000 or more) 2109 Funds of minors and insane persons 1363 ORDINARIES RETIREMENT FUND ACT Amended 548 P PARDONS AND PAROLES, STATE BOARD OF Practice of law before State Board of Pardons and Paroles 1193 PARKS, BILLY W. Compensation for damages 3307

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PARKS DEPARTMENT Director's salary 316 PAULDING COUNTY Board of education, referendum 2381 Number of deputy sheriffs 2385 PAULDING COUNTY WATER AUTHORITY Sewerage system and fire districts 2678 PEACE OFFICERS Scholarships to children under certain circumstances, proposed amendment to the Constitution 1573 PEACE OFFICERS' ANNUITY AND BENEFIT FUND ACT Amended 536 PEACH COUNTY Clerk of superior court placed on salary basis 2671 Ordinary placed on salary basis 2469 Tax commissioner placed on salary basis 2667 Terms of commissioners of roads and revenues 2473 PERRY, CITY OF See tabular indexMunicipalitiesHome Rule Amendments. PHOENIX AIR CONDITIONING, INC. Compensation for damages 2982 PIEDMONT JUDICIAL CIRCUIT Solicitor-general placed on salary basis 1424 PIERCE COUNTY Board of education, referendum 2761 Salary of chairman of commissioners of roads and revenues 2649 Salaries of deputy sheriffs 2739 PIKE COUNTY Compensation of superior court court reporter 349 Salary of solicitor-general 455 Terms of superior court 1094

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PITTS, GLAWER Compensation for damages 3304 PLANNING COMMISSION ACT OF 1957 Amended 1394 , 1397 , 1409 PLANNING COMMISSIONS AND BOARDS OF ZONING APPEALS Amended in certain counties (300,000 or more) 3477 PLANNING DEPARTMENTS Duties in certain counties (500,000 or more) 3480 PLUMBING CONTRACTORS Examining board created 308 POLK COUNTY Annual audits 3450 Employees 3635 POLYGRAPH EXAMINERS ACT Enacted 1217 POPE, MRS. EURA MAE Compensation for damages 3286 POPE, MRS. HERSHEL V. Compensation for damages 3280 POSSESSION OF FIREARM DURING COMMISSION OF CRIME Felony 982 PRACTICE AND PROCEDURE Affidavits for attachment 1013 Alternate jurors in felony cases 1225 Appellate Procedure Act of 1965 amended 1072 Attorney's fees on notes, etc. 317 Civil Practice Act of 1966 amended 1104 General Assembly members exempt from subpoenas, etc. during sessions 1200 Georgia Civil Practice Act amended 1036 Laborer's and materialmen's liens 317

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Personal jurisdiction over persons doing business in Georgia 1419 Proceedings against tenants holding over in certain counties (500,000 or more) 1215 Real property improvements, statue of limitations 127 Unliquidated Damages Interest Act 1156 Witness fees of peace officers 434 PRESTIGE LICENSE PLATES ACT Enacted 1404 PRISON INDUSTRIES ACT Amended 1011 PRISONS Sale of goods manufactured by inmates 1092 PROBATION First offenders 324 PROFESSIONAL TEACHING PRACTICES ACT Amended 330 PROPERTIES CONTROL COMMISSION Governor's Mansion on the Prado 1382 Railroad property 836 PUBLIC HEALTH Immunization of pupils of public schools 1436 PUBLIC SAFETY, DEPARTMENT OF Persons entitled to honorary drivers' licenses 1202 Security Guard Division 475 The Drivers Training School License Act 436 PUBLIC SCHOOL EMPLOYEES RETIREMENT SYSTEM Authorized, proposed amendment to the Constitution 1595 PULASKI COUNTY See also tabular indexCounties and County MattersHome Rule Actions. PULASKI COUNTY-HAWKINSVILLE DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 1496

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PUTNAM COUNTY Additional judge of superior court 343 PUTNAM COUNTY DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 1860 Q QUITMAN COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 1620 R R R SALES COMPANY Compensation for damages 3291 RABUN COUNTY Commissioners of roads and revenues, referendum 2272 Secretaries of ordinary, tax commissioner and clerk of superior court 2601 RADAR Use of radar speed detection devices 425 RADIATION CONTROL COUNCIL Members 546 RADIOACTIVE WASTE DISPOSAL Procedure, etc. 1152 RAILROADS Registry of mortgages 1150 RAVAN, CLYDE Compensation for damages 3268 RAYLE, TOWN OF Incorporated, referendum 3462 REAL PROPERTY Statute of limitations for improvements 127 Taxes on transfers 1102

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RECREATION EXAMINERS Board of Recreation Examiners created 137 RENFROE, CLAUDE H., JR. Compensation for damages 3290 RETAIL INSTALLMENT AND HOME SOLICITATION SALES ACT Amended 1088 RETIREMENT See named retirement system. REVENUE See also Georgia Retailers' and Consumers' Sales and Use Tax Act. Ad valorem taxes on motor vehicles 380 Disabled Veterans Homestead Exemption, proposed amendment to the Constitution 1632 Distinctive license plates for members of General Assembly 1216 Equalized Adjusted School Property Tax Digest Act amended 283 Fair market value, levy of taxes 358 Homestead exemptions for persons over 65 years of age, proposed amendment to the Constitution 1690 Income tax deductions 539 Income tax exemptions for student dependents 1037 Income taxes, exchange of property for corporate stock, etc. 116 Motor vehicle license tags to disabled veterans 1211 Penalties for nonpayment of taxes in certain counties (150,000-179,999) 1067 Prestige License Plate Act 1404 Purchase of motor vehicle license plates by mail 1386 Sale of contraband malt beverages 1142 Tax collectors' cash book 1115 Tax on motor carriers for use of highways 360 Tax on transfer of real property 1102 Valuation of properties of public utilities 1180 REVENUE BOND LAW Amended, maximum rate of interest 1010 REVENUE COMMISSIONERS Compensation 118 License plates to citizen band radio operators 43

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RICHMOND COUNTY Authority of General Assembly to consolidate governments, proposed amendment to the Constitution 1787 Board of education, vacancies 3653 Compensation of superior court judges 355 Elections of members of county board of education 2684 Ordinances, proposed amendment to the Constitution 1506 RIGGINS, MRS. FRANCIS B. Compensation for damages 3300 RIVERDALE, CITY OF Charter amended 3626 ROCKDALE COUNTY Bonds for education purposes, proposed amendment to the Constitution 1878 Deputy Sheriffs 2083 Terms of superior court 376 ROCKMART, CITY OF New charter 3224 ROSWELL, CITY OF Terms of mayor and councilmen 3577 RUTLEDGE, CITY OF Name changed from Town of Rutledge, etc. 2617 S SAVANNAH, CITY OF See also tabular indexMunicipalitiesHome Rule Amendments. Historic zones, proposed amendment to the Constitution 1591 Savannah-Chatham County, board of education, referendum 2636 Taxation, proposed amendment to the Constitution 1745 SAVANNAH, MUNICIPAL COURT OF Jurisdiction, procedure, costs 2576 SCHOLARSHIPS Interim Study Committee on College Grants and Scholarships to Students 1373

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SCHOOL SUPERINTENDENT, STATE Election, proposed amendment to the Constitution 1560 SCHROER, ALBERT J., JR. Restoration of right of citizenship 256 SCREVEN COUNTY Superior court terms 871 Sylvania-Screvens Airport Authority Act 2787 Tax to support Sylvania-Screven Airport Authority, proposed amendment to the Constitution 1755 SECONDARY SECURITY DEEDS Act regulating charges amended 1086 SECRETARY OF STATE Distribution of rules under Administrative Procedure Act 115 Election, proposed amendment to the Constitution 1560 Georgia Business Corporation Code 565 SECURITY DEEDS Act regulating charges on secondary security deeds amended 1086 SENATE Reapportionment 36 Thirty-second Senatorial district 560 SHERIFFS Employees in certain counties (135,000-140,000) 2654 Fees 988 Investigations into charges against sheriffs 1248 Salaries in certain counties (500,000 or more) 3479 SHERIFFS' RETIREMENT FUND OF GEORGIA ACT Amended 1203 SMALL CLAIMS COURTS Created in certain counties (9,977-10,140) 2386 Created in Dooly County 2429 Harris County court act amended 2462 SMYRNA, CITY OF Corporate limits 3587

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SOLICITATION OF PAYMENTS Use of invoice for goods, etc. not ordered 322 SOLICITORS-GENERAL Contingent expense allowance 535 Office designated as district attorney, proposed amendment to the Constitution 1567 Placed on salary basis 992 SOUTHERN INTERSTATE NUCLEAR COMPACT Amended 475 SPALDING COUNTY Compensation of superior court court reporter 349 Fire protection districts, proposed amendment to the Constitution 1704 Salary of solicitor-general 455 Tax commissioner's office hours 2588 SPARTA, CITY OF New charter 3555 SPRINGFIELD, CITY OF Charter amended 2316 SPRINGFIELD, CITY COURT OF Judge's salary 2584 STATE BOARD OF EXAMINERS OF PLUMBING CONTRACTORS Created 308 STATE COURT OF HOUSTON COUNTY Jurisdiction, solicitor's duties 2656 STATE COURT OF LAURENS COUNTY Name changed from City Court of Dublin 2019 STATE DEPARTMENT OF AIR TRANSPORTATION Created, etc. 130 STATE DEPOSITORIES Bonds 485

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STATE LITERATURE COMMISSION Act amended 319 STATE MEDICAL EDUCATION BOARD Created, proposed amendment to the Constitution 1686 STATE PROPERTIES CONTROL COMMISSION Amendment of lease with City Center Incorporated ratified 838 Western and Atlantic Railroad 836 Described property in DeKalb County 835 Land in Stephens County 1367 STATESBORO, CITY COURT OF Name changed to Civil and Criminal Court of Bulloch County, salaries 3433 STATESBORO, CITY OF Charter amended 3637 STATE SCHOLARSHIP COMMISSION ACT Amended 385 STATE SCHOOL SUPERINTENDENT Election, proposed amendment to the Constitution 1560 STATE TREASURER Election, proposed amendment to the Constitution 1560 STATUTE OF LIMITATIONS Improvements to real property 127 STATUTES Effective dates 1364 Interpretation of elections of members of General Assembly 870 STEPHENS COUNTY Salary of clerk of superior court, etc. 2848 Salary of ordinary, etc. 2850 Sheriff's salary, etc. 2846 STEPHENS COUNTY, CITY COURT OF Salaries of judge and solicitor 3546

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STEPHENS COUNTY DEVELOPMENT AUTHORITY Bonds 2527 Created, proposed amendment to the Constitution 1854 STEWART COUNTY Clerk of superior court and ordinary placed on salary basis 2505 Compensation of commissioner of roads and revenues 2800 Compensation of tax commissioner 3618 Sheriff's salary 2509 STEWART COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 1647 STONE MOUNTAIN JUDICIAL CIRCUIT Terms 376 SUMTER COUNTY Board of education, referendum 2065 Salaries of clerk of superior court and deputies 2071 SUMTER COUNTY, CIVIL AND CRIMINAL COURT OF Name changed from City Court of Americus, judge's salary 3428 SUPERVISOR OF PURCHASES Disposal of State surplus property 1148 Purchases by local political subdivisions 1352 SURFACE MINING Georgia Surface Mining Act of 1968 9 SURPLUS PROPERTY Procedure to dispose of State surplus property 1148 SWAINSBORO, CITY OF Charter amended 2934 SYLVANIA-SCREVEN AIRPORT AUTHORITY ACT Enacted 2787

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T TALBOT COUNTY Compensation of sheriff, etc. 2502 Compensation of tax commissioner 2500 TALIAFERRO COUNTY Compensation of county commissioners 2075 Sheriff's salary 2073 Solicitor-General placed on salary basis 247 TATTNALL COUNTY Board of education 2077 Commissioners of roads and revenues 2080 Judge of superior court's secretary 50 TATTNALL COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 1662 TAX ASSESSORS Act creating joint board of tax assessors in certain counties amended (counties having greater part of municipalities of 300,000 or more) 3709 TAX COLLECTORS Cash books 1115 TAXICABS License fees in certain municipalities (300,000 or more) 3310 TAYLOR COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 1709 TEACHER CERTIFICATION POLICIES STUDY COMMITTEE Report adopted 1178 TEACHER HALL OF FAME Established 1374 TEACHERS RETIREMENT SYSTEM ACT Amended 543 , 1405

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TELEPHONES Obscene or harassing telephone calls 9 TELFAIR COUNTY Members of hospital authority 2403 TESTAMENTARY ADDITIONS TO TRUSTS ACT Enacted 1068 THOMAS, WALLACE Compensation for damages 3284 THOMASTON, CITY OF Ad valorem taxation 2693 City of Thomaston-Upson County joint board of tax assessors, etc., proposed amendment to the Constitution 1503 Corporate limits 2698 Joint board of tax assessors with Upson County 2322 THOMASTON-UPSON COUNTY OFFICE BUILDING AUTHORITY Members 2558 THOMASVILLE, CITY OF See also tabular indexMunicipalitiesHome Rule Amendments. Board of education 2359 THOMPSON, IRENE Compensation for damages 3302 TIE IN SALES OF BOOKS, MAGAZINES, ETC. Prohibited 998 TIFT COUNTY Building permits 2674 Vice chairman of commissioners of roads and revenues 2376 TIFT COUNTY AIRPORT AUTHORITY Created, etc. 2628

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TIFTON, CITY OF Commissioners, referendum 2023 Commissioners' salaries 2028 Police court 2020 TOBACCO Act regulating sale of flue-cured tobacco amended 1242 TOOMBS COUNTY Board of education, referendum 3424 Compensation of sheriff 2436 Named officers placed on salary basis 2424 Office of tax commissioner created 2417 TOOMBS JUDICIAL CIRCUIT Solicitor-General placed on salary basis 247 TORTS Liability of manufacturers and sellers of personalty 1166 Liability of owners of watercraft 1416 TRAFFIC SAFETY STUDY COMMITTEE Created 1384 TRAVERSE JURIES Selection 533 TREASURER, STATE Election, proposed amendment to the Constitution 1560 TRENTON, CITY OF Eminent domain 2038 Salaries of mayor, councilmen and recorder 2040 TRIAL JUDGES AND SOLICITORS RETIREMENT FUND Created 259 TROUP COUNTY Salaries of named officers 2689 TUNNELL HILL, TOWN OF Maximum fines for violating ordinances 2421 TWIN CITY, CITY OF Charter amended 2511

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U UNIFORM ACT REGULATING TRAFFIC ON HIGHWAYS Amended 1427 Amended, traffic regulations 1065 Driving or operating under influence of intoxicants 448 Enforcement of traffic laws within municipalities 1422 Speed restrictions on limited access highways 987 , 1158 UNIFORM COMMERCIAL CODE Sales by auction 1101 Security interests in property of certain utilities 1151 UNIFORM CONSUMER CREDIT CODE STUDY COMMITTEE Created 1430 UNIFORM DECEPTIVE TRADE PRACTICES ACT Enacted 337 UNIFORM STANDARDS CODE FOR FACTORY MANUFACTURED MOVABLE HOMES ACT Enacted 415 UNIVERSITY SYSTEM Athletic associations 1377 Land conveyance authorized 483 UNION COUNTY Compensation of sheriff, etc. 2264 UNLIQUIDATED DAMAGES INTEREST ACT Enacted 1156 U. S. INTERNAL REVENUE TAXES Liens 561 USED CAR DEALERS' REGISTRATION ACT Amended 23

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UPSON COUNTY City of Thomaston-Upson County joint board of tax assessors, etc., proposed amendment to the Constitution 1503 Compensation of superior court court reporter 349 Joint board of tax assessors with City of Thomaston 2322 Members Thomaston-Upson County Office Building Authority 2558 Salary of solicitor-general 455 UTILITIES Cost of relocating lines for highway purposes 345 Registry of mortgages 1150 Security interest in property 1151 V VALDOSTA, CITY OF Authority to consolidate ad valorem tax matters with Lowndes County, proposed amendment to the Constitution 1777 VARNELL, CITY OF Incorporated, referendum 3065 VENUE Personal jurisdiction over persons doing business in Georgia 1419 VETERANS Additional points on examinations where records kept by Joint Secretary, State Examining Boards 1213 Disabled Veterans Homestead Exemption, proposed amendment to the Constitution 1632 Georgia State War Veterans Home Act amended 1247 Honorary drivers licenses 1202 Motor vehicle license tags to disabled veterans 1211 Recording of discharge certificates 1201 VETERANS SERVICE, DEPARTMENT OF Records 1096 VIDALIA, CITY OF New charter 3136

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W WALKER COUNTY Board of education, referendum 2235 Salaries of solicitor-general and clerk typist 48 WALKER COUNTY-RURAL WATER AND SEWER AUTHORITY Members 3526 WALKER, WENDELL Compensation for damages 3279 WARE COUNTY Consolidation of government with City of Waycross, proposed amendment to the Constitution 1846 Duties of sheriff, county police force, proposed amendment to the Constitution 1880 WARNER ROBINS, CITY OF Charter amended 2283 WARREN COUNTY Solicitor-General placed on salary basis 247 WARREN COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 1872 WASHINGTON COUNTY Act placing sheriff on salary basis amended 3395 Salary of clerk of superior court 2808 WASHINGTON COUNTY AIRPORT AUTHORITY Created, etc. 2748 WATERCRAFT Liability of owners 1416 WAVERLY HALL DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 1844

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WAVERLY HALL, TOWN OF Charter amended 3676 WAYCROSS, CITY OF Consolidation of government with Ware County, proposed amendment to the Constitution 1846 WAYNE COUNTY Board of education, referendum 3361 Exchange of lands authorized 1378 Grand juries 375 Terms of commissioners of roads and revenues 2746 WAYNESBORO, CITY COURT OF Compensation of judge and solicitor 2542 WEBSTER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 1748 WESTERN AND ATLANTIC RAILROAD COMMISSION Lease amendment with City Center Incorporated ratified 838 WESTERN AND ATLANTIC RAILROAD Lease accepted 54 Lease amended 845 WEST GEORGIA AIRPORT AUTHORITY Created, etc. 2769 WEST POINT, CITY OF Authority to close and sell described street 2660 WHITAKER, MRS. DAPHNE Compensation for damages 3276 WHITE COUNTY County depository 3755 WHITE, E. C. Compensation for damages 3272

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WHITE, MRS. VONCEILLE T. Compensation for damages 3262 WHITESBURG, CITY OF Charter amended 2311 WHITFIELD COUNTY Compensation of board of commissioners 3682 Dalton-Whitfield County Development Authority, proposed amendment to the Constitution 1482 Salaries of sheriff, clerk of superior court and ordinary 3510 Salary of judge of superior court 377 Salary of tax commissioner 3512 WILCOX COUNTY Salary of solicitor-general 19 WILKES COUNTY Compensation of ordinary 2089 Land conveyance 336 Salary of deputy clerk of superior court 2810 Solicitor-General placed on salary basis 247 WILKINSON COUNTY Additional judge of superior court 343 WILLS AND ADMINISTRATION OF ESTATES Appraisements of estates 474 Dower rights, etc. 1093 , 1227 Residuum 1070 Testamentary Additions to Trusts Act 1068 Year's support 997 WINES Sale at airports owned or operated by counties or municipalities 1438 WISHAM, LEE Compensation for damages 3263 WITNESS FEES Peace officers 434

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WOODLAND, CITY OF Charter amended 2591 City of Woodland Development Authority created, proposed amendment to the Constitution 1699 WORTH COUNTY Clerk of superior court 2049 Effective date of Act placing ordinary on salary basis 2051 WORKMEN'S COMPENSATION ACT Amended 3, 1163 WRIGHTSVILLE, CITY OF Recorder 2720 Y YEARS SUPPORT Returns by appraisers 997 Z ZONING AND PLANNING COMMISSIONS Act creating in certain counties amended (300,000 or more) 3769

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INDEX POPULATION OF GEORGIA COUNTIES County 1960 1950 1940 1930 1920 Appling 13,246 14,003 14,497 13,314 10,594 Atkinson 6,188 7,362 7,093 6,894 7,656 Bacon 8,359 8,940 8,096 7,055 6,460 Baker 4,543 5,952 7,344 7,818 8,298 Baldwin 34,064 29,706 24,190 22,878 19,791 Banks 6,497 6,935 8,733 9,703 11,814 Barrow 14,485 13,115 13,064 12,401 13,188 Bartow 28,267 27,370 25,283 25,364 24,527 Ben Hill 13,633 14,879 14,523 13,047 14,599 Berrien 12,038 13,966 15,370 14,646 15,573 Bibb 141,249 114,079 83,783 77,042 71,304 Bleckley 9,642 9,218 9,655 9,133 10,532 Brantley 5,891 6,387 6,871 6,895 Brooks 15,292 18,169 20,497 21,330 24,538 Bryan 6,226 5,965 6,288 5,952 6,343 Bulloch 24,263 24,740 26,010 26,509 26,133 Burke 20,596 23,458 26,520 29,224 30,836 Butts 8,976 9,079 9,182 9,345 12,327 Calhoun 7,341 8,578 10,438 10,576 10,225 Camden 9,975 7,322 5,910 6,338 6,969 Campbell 9,903 11,709 Candler 6,672 8,063 9,103 8,991 9,228 Carroll 36,451 34,112 34,156 34,272 34,752 Catoosa 21,101 15,146 12,199 9,421 6,677 Charlton 5,313 4,821 5,256 4,381 4,536 Chatham 188,299 151,481 117,970 105,431 100,032 Chattahoochee 13,011 12,149 15,138 8,894 5,266 Chattooga 19,954 21,197 18,532 15,407 14,312 Cherokee 23,001 20,750 20,126 20,003 18,569 Clarke 45,363 36,550 28,398 25,613 26,111 Clay 4,551 5,844 7,064 6,943 5,557 Clayton 46,365 22,872 11,655 10,260 11,159 Clinch 6,545 6,007 6,437 7,015 7,984 Cobb 114,174 61,830 38,272 35,408 30,437 Coffee 21,953 23,961 21,541 19,739 18,653 Colquitt 34,048 33,999 33,012 30,622 29,332 Columbia 13,423 9,525 9,433 8,793 11,718 Cook 11,822 12,201 11,919 11,311 11,180 Coweta 28,893 27,786 26,972 25,127 29,047 Crawford 5,816 6,080 7,128 7,020 8,893 Crisp 17,768 17,663 17,540 17,343 18,914 Dade 8,666 7,364 5,894 4,146 3,918 Dawson 3,590 3,712 4,479 3,502 4,204 Decatur 25,203 23,620 22,234 23,622 31,785 DeKalb 256,782 136,395 86,942 70,278 44,051 Dodge 16,483 17,865 21,022 21,599 22,540 Dooly 11,474 14,159 16,886 18,025 20,522 Dougherty 75,680 43,617 28,565 22,306 20,063 Douglas 16,741 12,173 10,053 9,461 10,477 Early 13,151 17,413 18,679 18,273 18,983 Echols 1,876 2,494 2,964 2,744 3,313 Effingham 10,144 9,133 9,646 10,164 9,985 Elbert 17,835 18,585 19,618 18,485 23,905 Emanuel 17,815 19,789 23,517 24,101 25,862 Evans 6,952 6,653 7,401 7,102 6,594 Fannin 13,620 15,192 14,752 12,969 12,103 Fayette 8,199 7,978 8,170 8,665 11,396 Floyd 69,130 62,899 56,141 48,677 39,841 Forsyth 12,170 11,005 11,322 10,624 11,755 Franklin 13,274 14,446 15,612 15,902 19,957 Fulton 556,326 473,572 392,886 318,587 232,606 Gilmer 8,922 9,963 9,001 7,344 8,406 Glascock 2,672 3,579 4,547 4,388 4,192 Glynn 41,954 29,046 21,920 19,400 19,370 Gordon 19,228 18,922 18,445 16,846 17,736 Grady 18,015 18,928 19,654 19,200 20,306 Greene 11,193 12,843 13,709 12,616 18,972 Gwinnett 43,541 32,320 29,087 27,853 30,327 Habersham 18,116 16,553 14,771 12,748 10,730 Hall 49,739 40,113 34,822 30,313 26,822 Hancock 9,979 11,052 12,764 13,070 18,357 Haralson 14,543 14,663 14,377 13,263 14,440 Harris 11,167 11,265 11,428 11,140 15,775 Hart 15,229 14,495 15,512 15,174 17,944 Heard 5,333 6,975 8,610 9,102 11,126 Henry 17,619 15,857 15,119 15,924 20,420 Houston 39,154 20,964 11,303 11,280 21,964 Irwin 9,211 11,973 12,936 12,199 12,670 Jackson 18,499 18,997 20,089 21,609 24,654 Jasper 6,135 7,473 8,772 8,594 16,362 Jeff Davis 8,914 9,299 8,841 8,118 7,322 Jefferson 17,468 18,855 20,040 20,727 22,602 Jenkins 9,148 10,264 11,843 12,908 14,328 Johnson 8,048 9,893 12,953 12,681 13,546 Jones 8,468 7,538 8,331 8,992 13,269 Lamar 10,240 10,242 10,091 9,745 Lanier 5,097 5,151 5,632 5,190 Laurens 32,313 33,123 33,606 32,693 39,605 Lee 6,204 6,674 7,837 8,328 10,904 Liberty 14,487 8,444 8,595 8,153 12,707 Lincoln 5,906 6,462 7,042 7,847 9,739 Long 3,874 3,598 4,086 4,180 Lowndes 49,270 35,211 31,860 29,994 26,521 Lumpkin 7,241 6,574 6,223 4,927 5,240 McDuffie 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 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 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 Macon 13,170 Appling 13,246 Franklin 13,274 Columbia 13,423 Fannin 13,620 Ben Hill 13,633 Peach 13,846 Barrow 14,485 Liberty 14,487 Haralson 14,543 Screven 14,919 Hart 15,229 Brooks 15,292 Tattnall 15,827 Dodge 16,483 Worth 16,682 Douglas 16,741 Toombs 16,837 Jefferson 17,468 Henry 17,619 Crisp 17,768 Emanuel 17,815 Elbert 17,835 Wayne 17,921 Grady 18,015 Habersham 18,116 Stephens 18,391 Jackson 18,499 Washington 18,903 Gordon 19,228 Mitchell 19,652 Meriwether 19,756 Chattooga 19,954 Walton 20,481 Burke 20,596 Newton 20,999 Catoosa 21,101 Coffee 21,953 Cherokee 23,001 Tift 23,487 Upson 23,800 Bulloch 24,263 Sumter 24,652 Decatur 25,203 Polk 28,015 Bartow 28,267 Coweta 28,893 Laurens 32,313 Colquitt 34,048 Baldwin 34,064 Ware 34,219 Thomas 34,319 Spalding 35,404 Carroll 36,451 Houston 39,154 Glynn 41,954 Whitfield 42,109 Gwinnett 43,541 Walker 45,264 Clarke 45,363 Clayton 46,365 Troup 47,189 Lowndes 49,270 Hall 49,739 Floyd 69,130 Dougherty 75,680 Cobb 114,174 Richmond 135,601 Bibb 141,249 Muscogee 158,623 Chatham 188,299 DeKalb 256,782 Fulton 556,326

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MEMBERS OF THE GENERAL ASSEMBLY 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 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

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MEMBERS OF THE SENATE OF GEORGIA ALPHABETICALLY ARRANGED ACCORDING TO NAMES, WITH DISTRICTS AND POST OFFICES FOR THE TERM 1967 - 1968 Name District Post Office Abney, Billy Shaw 53rd P. O. Box 607, LaFayette 30728 Adams, Billy 26th Springdale Dr., Macon 31204 Adams, Ronald F. 5th P. O. Box 857, Brunswick 31521 Andrews, Robert E. 49th 310 Brenau Ave., N. E., Gainesville 30501 Bateman, Oliver C. 27th 247 Candler Dr., Macon 31204 Broun, Paul C. 46th 520 W. Cloverhurst, Athens 30601 Carter, Hugh A. 14th P. O. Box 97, Plains 31780 Chapman, Cyrus M. (Cy) 32nd 698 Kennesaw Dr., Smyrna 30080 Coggin, Frank E. 35th 301C International Office Park, 1001 Virginia Avenue Hapeville 30054 Conway, H. McKinley, Jr. 41st 3272 Inman Dr., N. E., Atlanta 30319 Cox, Jay Carroll 21st P. O. Box 37, Twin City 30471 Dean, Roscoe Emory, Jr. 6th 612 Cherry St., Jesup 31545 Eldridge, Frank, Jr. 7th P. O. Box 1141, Waycross 31501 Fincher, Jack C., Sr. 51st 60 Muriel St., Canton 30114 Fincher, W. W., Jr. 54th Box 149, Chatsworth 30705 Flowers, William Howard, Jr. 10th Merrily Plantation, Thomasville 31792 Gardner, Jay D. 1st 15 Drayton St., Savannah 31401 Gillis, Hugh M. 20th Soperton 30457 Gregory, I. William Bill, Jr. 15th 1259 Owsley Ave., Columbus 31906 Hall, J. Battle 52nd P. O. Box 1267, Rome 30161 Hensley, Sam P. 33rd Rt. 4, Marietta 30060 Hill, Render 29th Greenville 30222 Holley, R. Eugene 22nd Commerce Building, Augusta 30902 Holloway, A. W. Al 12th P. O. Box 588, Albany 31702 Johnson, Ben F. 42nd Emory University Law School, Atlanta 30322 Johnson, Leroy R. 38th 372 Larchmont Dr., N. W., Atlanta 30318 Kennedy, Joseph E. 4th 206 New Drive, Claxton 30417 Kidd, Culver 25th Milledgeville 31061 Kilpatrick, Thomas Kenneth 44th 102 North Cheryl Dr., Morrow 30260 Knight, John Steverson 16th 2518 Country Club Road, Columbus 31902 Lee, Robert E., Jr. 47th Box 548, Elberton 30635 London, Maylon K. 50th Box 325, Cleveland 30528 MacIntyre, Dan I., III 40th 363 Valley Green Dr., N.E., Atlanta 30305 McGill, Sam P. 24th Tignall Rd., Washington 30673 McKenzie, John T. 17th P. O. Box 271, Montezuma 31063 Miller, Frank G. 43rd 3361 Rainbow Dr., Decatur 30032 Minish, Dr. J. A. 48th Commerce 30529 Moore, Albert F. 31st P. O. Box 207, Cedartown 30125 Noble, Roy V. 19th R.F.D. 3, Vienna 31092 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 Searcey, William A. 2nd 2017 Colonial Dr., Savannah 31406 Sells, Jack 37th 1719 Pine Ridge Dr., N.E., Atlanta 30318 Shea, Bart E. 3rd P. O. Box 593, Savannah 31401 Smalley, Robert Harris, Jr. 28th P. O. Box 116, Griffin 30223 Smith, W. Armstrong 34th 1405 DeLowe Dr., S.W., Atlanta 30311 Smith, Stanley E., Jr. 18th 810 Forest Hill Dr., Perry 31069 Spinks, Ford Belmont 9th Rt. 1, Tifton 31794 Stephens, Jack L. 36th 2484 Macon Dr., S.E., Atlanta 30315 Ward, Horace T. 39th 859 Hunter St., N.W., Atlanta 30314 Webb, Julian 11th P. O. Box 277, Donalsonville 31745 Young, Martin 13th Rt. 2, Rebecca 31783

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MEMBERS OF THE SENATE OF GEORGIA BY DISTRICTS IN NUMERICAL ORDER AND POST OFFICES FOR THE TERM 1967 - 1968 District Name Address 1. Gardner, Jay D. 15 Drayton St., Savannah 31401 2. Searcey, William A. 2017 Colonial Dr., Savannah 31406 3. Shea, Bart E. P. O. Box 593, Savannah 31401 4. Kennedy, Joseph E. 206 New Drive, Claxton 30417 5. Adams, Ronald F. P. O. Box 857, Brunswick 31521 6. Dean, Roscoe Emory, Jr. 612 Cherry St., Jesup 31545 7. Eldridge, Frank, Jr. P. O. Box 1141, Waycross 31501 8. Rowan, Robert A. (Bobby) Enigma 31749 9. Spinks, Ford Belmont Rt. 1, Tifton 31794 10. Flowers, William Howard, Jr. Merrily Plantation, Thomasville 31792 11. Webb, Julian P. O. Box 277, Donalsonville 31745 12. Holloway, A. W. Al P. O. Box 588, Albany 31702 13. Young, Martin Rt. 2, Rebecca 31783 14. Carter, Hugh A. P. O. Box 97, Plains 31780 15. Gregory, I. William Bill, Jr. 1259 Owsley Ave., Columbus 31906 16. Knight, John Steverson 2518 Country Club Road, Columbus 31902 17. McKenzie, John T. P. O. Box 271, Montezuma 31063 18. Smith, Stanley E., Jr. 810 Forest Hill Dr., Perry 31069 19. Noble, Roy V. R.F.D. 3, Vienna 31092 20. Gillis, Hugh M. Soperton 30457 21. Cox, Jay Carroll P. O. Box 37, Twin City 30471 22. Holley, R. Eugene Commerce Building, Augusta 30902 23. Padgett, Michael J. Rt. 2, McBean 30908 24. McGill, Sam P. Tignall Rd., Washington 30673 25. Kidd, Culver Milledgeville 31061 26. Adams, Billy Springdale Dr., Macon 31204 27. Bateman, Oliver C. 247 Candler Dr., Macon 31204 28. Smalley, Robert Harris, Jr. P. O. Box 116, Griffin 30223 29. Hill, Render Greenville 30222 30. Plunkett, Lamar R. 50 Morris St., Bowdon 30108 31. Moore, Albert F. P. O. Box 207, Cedartown 30125 32. Chapman, Cyrus M. (Cy) 698 Kennesaw Dr., Smyrna 30080 33. Hensley, Sam P. Rt. 4, Marietta 30060 34. Smith, W. Armstrong 1405 DeLowe Dr., S.W., Atlanta 30311 35. Coggin, Frank E. 301C International Office Park, 1001 Virginia Avenue, Hapeville 30054 36. Stephens, Jack L. 2484 Macon Dr., S. E., Atlanta 30315 37. Sells, Jack 1719 Pine Ridge Dr., N.E., Atlanta 30318 38. Johnson, Leroy R. 372 Larchmont Dr., N.W., Atlanta 30318 39. Ward, Horace T. 859 Hunter St., N.W., Atlanta 30314 40. MacIntyre, Dan I., III 363 Valley Green Dr., N.E., Atlanta 30305 41. Conway, H. McKinley, Jr. 3272 Inman Dr., N.E., Atlanta 30319 42. Johnson, Ben F. Emory University Law School, Atlanta 30322 43. Miller, Frank G. 3361 Rainbow Dr., Decatur 30032 44. Kilpatrick, Thomas Kenneth 102 North Cheryl Dr., Morrow 30260 45. Pennington, Brooks, Jr. Crawford St., Madison 30650 46. Broun, Paul C. 520 W. Cloverhurst, Athens 30601 47. Lee, Robert E., Jr. Box 548, Elberton 30635 48. Minish, Dr. J. A. Commerce 30529 49. Andrews, Robert E. 310 Brenau Ave., N.E., Gainesville 30501 50. London, Maylon K. Box 325, Cleveland 30528 51. Fincher, Jack C., Sr. 60 Muriel St., Canton 30114 52. Hall, J. Battle P. O. Box 1267, Rome 30161 53. Abney, Billy Shaw P. O. Box 607, LaFayette 30728 54. Fincher, W. W., Jr. Box 149, Chatsworth 30705

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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 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

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MEMBERS OF THE GEORGIA HOUSE OF REPRESENTATIVES ALPHABETICALLY ARRANGED ACCORDING TO NAMES, WITH DISTRICTS AND POST OFFICES Name District Post Office Adams, G. D., Jr. 125 532 St. Johns Ave., S.W., Atlanta 30315 Alexander, William H. 133 859 Hunter St., N.W., Atlanta 30314 Anderson, John H., Jr. 71 Anderson Road, Hawkinsville 31036 Ballard, W. D. 37 405 Haygood St., Oxford 30267 Barber, Mac 24 Commerce 30529 Barfield, H. M. 95-Post 2 Hahira 31632 Battle, Joseph A. (Joe) 116-Post 2 2308 Ranchland Dr., Savannah 31404 Bennett, Jim, T., Jr. 95-Post 3 R.F.D., Smithbriar Dr., Valdosta 31601 Berry, C. Ed 110-Post 1 P. O. Box 1422 Columbus 31902 Berry, Jack K. 113-Post 2 P. O. Box 115, Savannah 31402 Black, J. Lucius 56 Preston 31824 Blalock, D. B. (Brack) 33-Post 1 40 Nimmons St., Newnan 30263 Bond, Julian 136 823 Drummond St., S.W., Atlanta 30314 Bostick, Henry 93 P. O. Box 94, Tifton 31794 Bowen, Rooney L. 69-Post 2 Box 323, Vienna 31092 Branch, E. O. (Gene) 74 Rt. 3, Baxley 31513 Brantley, Haskew H., Jr. 139 6114 Riverside Dr., N. W., Atlanta 30328 Brantley, Hines L. 63 Metter 30439 Bray, Claude A., Jr. 43 111 Mayes Way, Manchester 31816 Brown, Benjamin D. 135 196 Napoleon Dr., S.W., Atlanta 30314 Brown, Clayton, Jr. 34-Post 2 550 S. Hill St., Griffin 30223 Buck, Thomas B., III 112-Post 3 P. O. Box 196, Columbus 31902 Busbee, George D. 79-Post 1 1205 3rd Avenue, Albany 31701 Caldwell, Johnnie Lafayette 51 720 S. Church St., Thomaston 30286 Carnes, Charlie L. 129 1131 Custer Ave., S.E., Atlanta 30316 Cates, Goodwyn Shag 123-Post 3 3234 Roswell Rd., N.W., Atlanta 30305 Cato, Anthony Wallace 89-Post 2 1508 Botts St., Bainbridge 31717 Chandler, Philip M. 47-Post 2 P. O. Box 806, Milledgeville 31061 Cheeks, Donald E. 104-Post 2 754 Metcalf St., Augusta 30904 Clarke, Harold G. 45 Forsyth 31029 Cole, Jack H. 3-Post 1 1802 Elaine Way, Dalton 30720 Collins, John F. 62 Box 407, Vidalia 30474 Collins, Marcus 88 Rt. 1, Pelham 31779 Colwell, Carlton 5 Box 133, Blairsville 30512 Conner, James L. Jimmy 91 P. O. Box 632 Hazlehurst 31539 Cook, Rodney M. 123-Post 1 3495 Valley Rd., N.W. Atlanta 30305 Cooper, Bill 103 Rt. 5, Powder Springs Rd., Marietta 30073 Cooper, J. Robert 16-Post 2 P. O. Box 119, Gainesville 30501 Cox, Dr. William J. 127 324 E. Paces Ferry Rd., N.E., Atlanta 30305 Crowe, William J. 1-Post 2 P. O. Box 481, LaFayette 30728 Crowe, W. J. 80 Sylvester 31791 Dailey, J. T. (Jake) 66 312 College St., Cuthbert 31740 Daugherty, J. C. 134 202 Daugherty Bldg., 15 Chestnut St., S. W., Atlanta 30314 Davis, Walt 119-Post 1 3782 Snapfinger Rd., Lithonia 30058 Dean, Nathan D. 20-Post 2 4009 Third Ave., Rockmart 30153 DeLong, R. Luke 105-Post 1 2137 Balfour St., Augusta 30906 Dent, Richard A. 104-Post 1 2043 Rosalie St., Augusta 30901 Dickinson, Kent 27 Rt. 2, Douglasville 30134 Dillon, Tom 128 2528 Linda Lane, S.E., Atlanta 30315 Dixon, Harry D. 83-Post 2 1303 Coral Rd., Waycross 31501 Dodson, Carr Glover 107 3795 Bonita Place, Macon 31204 Dollar, Hubert 89-Post 1 1805 Douglas Dr., Bainbridge 31717 Dorminy, A. B. C. (Brad) 72 701 W. Central Ave., Fitzgerald 31750 Doster, Norman B. 73 Rochelle 31079 Douglas, Dubignion (Dub) 60-Post 2 1408 Edgewood Ave., Dublin 31021 Edwards, Ward 57 Butler 31006 Egan, Michael J., Jr. 141 1500 1st Nat. Bank Bldg., Atlanta 30303 Fallin, Billy Gene 94-Post 1 2021 S. Main St., Moultrie 31768 Farmer, Leon, Jr. 29-Post 1 414-415 Southern Mutual Bldg., Athens 30601 Farrar, Robert H. 118-Post 2 2996 Majestic Cir., Avondale Estates 30002 Fleming, William M., Jr. 106-Post 1 1700 C Valley Park Ct., Augusta 30902 Floyd, James H. Sloppy 7 Box 521, Trion 30753 Funk, Arthur J. 116-Post 3 7 Grimball River Rd., Savannah 31406 Gary, Arch 35-Post 2 626 Valley Hill Rd., Riverdale 30274 Gay, Carlus D. 60-Post 1 1823 Pine Forest Cir., Dublin 31021 Gaynor, Alan S. 114-Post 1 P. O. Box 566, Savannah 31401 Gignilliat, Arthur M., Jr. 113-Post 1 P. O. Box 949, Savannah 31402 Grahl, Daniel K. 52 P. O. Box 591, Fort Valley 31030 Graves, Charles 13-Post 2 209 Billy Pyle Rd., Rome 30161 Grier, Rev. J. D., Jr. 132 596 Glen Iris Dr., N.E., Atlanta 30308 Gunter, Jack N. 11 P. O. Box 396, Cornelia 30531 Hadaway, John H. 46 Hillsboro 31038 Hale, Maddox J. 1-Post 1 Trenton 30752 Hall, H. Goodwin 67 RFD 2, Leesburg 31763 Hamilton, Mrs. Grace T. 137 582 University Pl., (Mrs. H. C. Hamilton) N.W., Atlanta 30314 Hargrett, Dr. McKee 77 198 Conway Dr., Jesup 31545 Harrington, J. Floyd 47-Post 1 Glenhaven, Milledgeville 31061 Harris, Joe Frank 14-Post 1 1 Valley Dr., Cartersville 30120 Harris, J. Robin 118-Post 1 250 E. Ponce de Leon Ave., Decatur 30030 Harris, Reid Walker 85-Post 1 P. O. Box 460, Brunswick 31520 Harrison, Robert Ward, Jr. 98 P. O. Box 207, St. Marys 31558 Henderson, Dr. J. H. Jack, Jr. 102-Post 2 1290 Gresham Rd., Marietta 30060 Higginbotham, Joe S. 119-Post 4 3147 Robindale Rd., Decatur 30030 Hill, Guy 121 1074 Boatrock Rd., Atlanta 30331 Holder, Dr. Frank P., Jr. 70 Drawer 569 Eastman 31023 Hood, John 124 1163 Windsor St.,s.w., Atlanta 30310 Howard, G. Robert (Bob) 101-Post 1 206 Roswell St., Suite 202, Marietta 30060 Howell, William Mobley 86 P. O. Box 348, Blakely 31723 Hutchinson, Richard S. (Dick) 79-Post 3 915 - 6th Ave., Albany 31705 Jenkins, L. F. 119-Post 2 1953 Boulder Hills Dr., Ellenwood 30049 Johnson, Dr. A. S., Sr. 25 302 Heard St., Elberton 30635 Johnson, Bobby W. 40 P. O. Box 122, Warrenton 30828 Joiner, Francis A. 48-Post 1 P. O. Box 151, Tennille 31089 Jones, Charles M. 76 206 E. Court St., Hinesville 31313 Jones, Milton 112-Post 2 908 - 2nd Ave., Columbus 31901 Jordan, George 82 Box 175, Douglas 31533 Jordan, W. Harvey 78 Leary 31762 Kaylor, Howard 4 Box 145, McCaysville 30555 Kirksey, Donald R. 87 Rt. 5, Box 222 Colquitt 31737 Knapp, G. Ed 109-Post 2 4435 Pio Nono Ave., Macon 31206 Laite, W. E. Bill, Jr. 109-Post 1 2948 Crestline Dr., Macon 31204 Lambert, Ezekiel Roy 38 104 Washington St., Madison 30650 Lambros, Nick G. 130 P. O. Box 13422, Atlanta 30324 Land, A. T., Sr. 53 Allentown 31003 Lane, Dick 126 2704 Humphries St., East Point 30044 Lane, W. Jones 64-Post 1 Box 484, Statesboro 30458 Lee, Wm. J. Bill 35-Post 1 RFD 1, Forest Park 30050 Lee, Williams S. (Billy) 79-Post 4 Royal Building Pine Jackson, Albany 31701 Leggett, Homer 21 13 Center St., Hiram 30141 Leonard, Gerald H. 3-Post 3 Box 246, Chatsworth 30705 Levitas, Elliott H. 118-Post 4 1352 Jody Lane, N.E., Atlanta 30329 Lewis, Preston B. 50-Post 1 Forest Dr., Waynesboro 30830 Longino, Young Hugh 122 P. O. Box 37, Fairburn 30213 Lovell, Fulton 6 Clayton 30525 Lowrey, Sidney 13-Post 1 Rt. 7, Rome 30161 Magoon, Harry 19 410 E. Franklin St., Hartwell 30643 Malone, W. B. 117-Post 3 5397 New Peachtree Rd., Chamblee 30005 Mason, James D. 22-Post 2 Rt. 1, Oak Rd., snellville 30278 Matthews, Chappelle 29-Post 2 116 Shackleford Bldg, Athens 30601 Matthews, Dorsey R. 94-Post 2 Moultrie 31768 Mauldin, A. T. 18 P. O. Box 87, Carnesville 30521 Maxwell, Regnald, Jr. 106-Post 2 909 Marion Bldg., Augusta 30902 Melton, Quimby, Jr. 34-Post 1 Griffin Daily News, Griffin 30223 Merritt, Janet S. (Mrs. Samuel M.) 68-Post 2 234 W. Dodson St., Americus 31709 Miller, Mitch 108 3859 Mathis St., Macon 31206 Mixon, Harry 81 P. O. Box 145, Ocilla 31774 Moate, Marvin E. 39 608 Rabun, Sparta 31087 Moore, Don C. 12 RFD 4, Toccoa 30577 Moore, John Harvey 20-Post 1 503 N. Cave Spring St., Cedartown 30125 Moreland, C. C. 28 969 Holly Hill Rd., Monroe 30655 Mullinax, Edwin G. (Ed) 42-Post 2 611 S. Piney Woods Dr., LaGrange 30240 Murphy, Thomas B. 26 Box 163, Bremen 40110 McClatchey, Devereaux F. 138 1045 Hurt Bldg., Atlanta 30303 McCracken, J. Roy 49 312 Broad St., Avera 30803 McDaniell, Hugh Lee 101-Post 2 1231 Pebble Creek Rd., S. E., Marietta 30060 Nash, Norris J. 22-Post 1 P. O. Box 6, Lilburn 30247 Nessmith, Paul E., Sr. 64-Post 2 Rt. 4, Statesboro 30458 Newton, Albert Sidney 50-Post 2 RFD 4, Box 244, Millen 30442 Nimmer, S. D. 84 Blackshear 31516 Northcutt, Lamar Dailey 35-Post 3 5340 W. Fayetteville Rd., Rt. 2, College Park 30022 Odom, Colquitt Hurst 79-Post 2 1218 - 3rd Ave., Albany 31705 Oglesby, Jamie W. 92-Post 1 119 Parkway Dr., Thomasville 31792 Otwell, James A., Jr. 10 Cumming 30130 Pafford, Robert C. (Bobby) 97 Box 415, Lakeland 31635 Palmer, Tom 117-Post 2 3800 Montford Dr., Chamblee 30005 Paris, James W. 23 Winder 30680 Parker, Clarence A. 68-Post 1 Rt. 4, P. O. Box 1308, Americus 31709 Parker, H. Walstein 55 Rt. 6, Sylvania 30467 Parrish, Allen LaRue, Sr. 96 301 E. 4th St., Adel 31620 Peterson, David C. 59-Post 2 Kathleen 31047 Phillips, Glen S. 41 Harlem 30814 Pickard, Mac 112-Post 1 Box 1657, Columbus 31906 Poss, Edwin Carroll 17 RFD, Hull 30646 Potts, George W. 33-Post 2 Rt. 2, Newnan 30263 Ragland, Joe F. 109-Post 3 724 Forest Lake Dr., S., Macon 31204 Rainey, Howard H. 69-Post 1 201 - 8 St., S., Cordele 31015 Reaves, Henry L. 99 Rt. 2, Quitman 31643 Richardson, Willis J. (Dick), Jr. 116-Post 1 P. O. Box 158, Savannah 31402 Roach, Thomas A. 15 Ball Ground 30107 Ross, Ben Barron 31 Sunrise Drive, Lincolnton 30817 Rowland, Emory L. 48-Post 2 105 Bradford St., Wrightsville 31096 Rush, Dewey D. 75 Rt. 4, Box 262, Glennville 30427 Russell, Henry P., Jr. 92-Post 2 Rt. 1, Boston 31626 Savage, Carl Preston, Sr., M.D. 58 Montezuma 31063 Scarlett, Richard Morgan 85-Post 2 P.O. Box 190, Brunswick 31522 Shanahan, Tom L. 8 P. O. Box 427, Calhoun 30701 Sherman, John H., Jr. 105-Post 2 P. O. Box 1063 Augusta 30903 Shields, I. Lawrence 111-Post 1 2506 Techwood Dr., Columbus 31906 Shuman, Jack W. 65 RFD 1, Pembroke 31321 Simmons, Howard 9 Ellijay 30540 Sims, William A. (Bill), Jr. 131 715 Courtenay Dr., N. E., Atlanta 30306 Smith, Geo. L. II 54 Swainsboro 30401 Smith, George W. 117-Post 4 2218 Deer Ridge Dr., Stone Mountain 30083 Smith, J. R. 44 498 Rose Ave., Barnesville 30204 Smith, Virgil T. 3-Post 2 609 Murray Hill Dr., Dalton 30720 Smith, W. Lance 114-Post 2 17 East York St., Savannah 31401 Snow, Wayne, Jr. 1-Post 3 Rt. 2, Chickamauga 30707 Stalnaker, Paul 59-Post 1 112 Patti Dr., Warner Robins 31093 Starnes, Richard L. (Dick), Jr. 13-Post 3 1001 Terrace Dr., Rome 30161 Steis, William Burton 100 Hamilton 31811 Sullivan, B. Jack 95-Post 1 2411 Westwood Dr., Valdosta 31603 Sweat, Ottis, Jr. 83-Post 1 710 Baltimore Ave., Waycross 31501 Thompson, Albert William 110-Post 2 210 Ninth St., Columbus 31901 Thompson, Roscoe 111-Post 2 1725 Stark Ave., Columbus 31906 Threadgill, Jack E. 32-Post 2 404 Oak Ave., Carrollton 30117 Townsend, Kiliaen V. R. 140 120 North Ave., N.W., Atlanta 30313 Tucker, Ray M. 36 P. O. Box 469, McDonough 30253 Turner, Cecil 123-Post 2 1779 Merton Rd., N.E., Atlanta 30306 Tye, J. Robert (Bob) 115-Post 1 15 Redwood Cir., Wilshire Estates, Savannah 31406 Underwood, Joe C. 61 Mt. Vernon 30445 Vaughan, David N., Jr. 14-Post 2 P. O. Box 534, Cartersville 30120 Vaughn, Clarence R., Jr. 117-Post 1 McDonough Rd., Conyers 30207 Walling, Robert H. 118-Post 3 1001 Oxford Rd., N.E., Atlanta 30306 Wamble, Burton M. 90 Rt. 1, Box 119, Cairo 31728 Ward, Bert 2 P. O. Box A, Ringgold 30736 Ware, J. Crawford 42-Post 1 17 Taliaferro Dr., Hogansville 30230 Wells, Hubert H. 30 P. O. Box 11, Watkinsville 30677 Westlake, James R. 119-Post 3 3930 West Side Pl., Ellenwood 30049 Whaley, George W., Jr. 115-Post 2 P. O. Box 197, Pooler 31322 Wiggins, William J. 32-Post 1 202 Tanner, Carrollton 30117 Williams, W. M. (Bill) 16-Post 1 710 Brenau Lane, Gainesville 30501 Wilson, Joe Mack 102-Post 1 306 Northcutt St., Marietta 30060 Wilson, Roger Wesley 109-Post 4 2975 King Alfred Dr., Macon 31204 Winkles, Fred L. 120 878 Falcon Dr., S.W., Atlanta 30311 Wood, Joe T. 16-Post 3 P. O. Box 303, Gainesville 30501

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MEMBERS OF THE GEORGIA HOUSE OF REPRESENTATIVES BY DISTRICTS AND POST OFFICES FOR THE TERM 1967-1968 District Representative Post Office 1-Post 1 Maddox J. Hale Trenton, 30752 1-Post 2 William J. Crowe P.O. Box 481, LaFayette, 30728 1-Post 3 Wayne Snow, Jr. Rt. 2, Chickamauga, 30707 2 Bert Ward P.O. Box A, Ringgold, 30736 3-Post 1 Jack H. Cole 1802 Elaine Way, Dalton, 30720 3-Post 2 Virgil T. Smith 609 Murray Hill Dr., Dalton, 30720 3-Post 3 Gerald H. Leonard P. O. Box 246, Chatsworth 30705 4 Howard Kaylor Box 145, McCaysville, 30555 5 Carlton Colwell Box 133, Blairsville, 30512 6 Fulton Lovell Clayton, 30525 7 James H. Sloppy Floyd Box 521, Trion, 30753 8 Tom L. Shanahan P.O. Box 427, Calhoun, 30701 9 Howard Simmons Ellijay, 30540 10 James A. Otwell, Jr. Cumming, 30130 11 Jack N. Gunter P.O. Box 396, Cornelia 30531 12 Don C. Moore RFD 4, Toccoa, 30577 13-Post 1 Sidney Lowrey Rt. 7, Rome, 30161 13-Post 2 Charles Graves 209 Billy Pyle Rd., Rome 30161 13-Post 3 Richard L. (Dick) Starnes, Jr. 1001 Terrace Dr., Rome, 30161 14-Post 1 Joe Frank Harris 1 Valley Dr., Cartersville, 30120 14-Post 2 David N. Vaughan, Jr. P.O. Box 534, Cartersville, 30120 15 Thomas A. Roach Ball Ground, 30107 16-Post 1 W. M. (Bill) Williams 710 Brenau Lane, Gainesville, 30501 16-Post 2 J. Robert Cooper P.O. Box 119, Gainesville, 30501 16-Post 3 Joe T. Wood P.O. Box 303, Gainesville, 30501 17 Edwin Carroll Poss RFD, Hull, 30646 18 A. T. Mauldin P.O. Box 87, Carnesville, 30521 19 Harry Magoon 410 E. Franklin St., Hartwell 30643 20-Post 1 John Harvey Moore 503 N. Cave Spring St., Cedartown 30125 20-Post 2 Nathan D. Dean 4009 Third Ave., Rockmart 30153 21 Homer Leggett 13 Center St., Hiram 30141 22-Post 1 Norris J. Nash P.O. Box 6, Lilburn 30247 22-Post 2 James D. Mason Rt. 1, Oak Rd., Snellville 30278 23 James W. Paris Winder 30680 24 Mac Barber Commerce 30529 25 Dr. A. S. Johnson, Sr. 302 Heard St. Elberton 30635 26 Thomas B. Murphy Box 163, Bremen 30110 27 Kent Dickinson Rt. 2, Douglasville 30134 28 C. C. Moreland 969 Holly Hill Rd., Monroe 30655 29-Post 1 Leon Farmer, Jr. 414-415 Southern Mutual Bldg., Athens 30601 29-Post 2 Chappelle Matthews 116 Shackelford Bldg., Athens 30601 30 Hubert H. Wells P.O. Box 11 Watkinsville 30677 31 Ben Barron Ross Sunrise Drive, Lincolnton 30817 32-Post 1 William J. Wiggins 202 Tanner St., Carrollton 30117 32-Post 2 Jack E. Threadgill 404 Oak Ave., Carrollton 30117 33-Post 1 D. B. (Brack) Blalock 40 Nimmons St., Newnan 30263 33-Post 2 George W. Potts Rt. 2, Newnan 30263 34-Post 1 Quimby Melton, Jr. Griffin Daily News, Griffin 30223 34-Post 2 Clayton Brown, Jr. 550 S. Hill St., Griffin, 30223 35-Post 1 Wm. J. Bill Lee RFD 1, Forest Park 30050 35-Post 2 Arch Gary 626 Valley Hill Rd., Riverdale 30274 35-Post 3 Lamar Dailey Northcutt 5340 W. Fayetteville Rd., Rt. 2, College Park 30022 36 Ray M. Tucker P.O. Box 469, McDonough 30253 37 W. D. Ballard 405 Haygood St., Oxford 30267 38 Ezekiel Roy Lambert 104 Washington St., Madison 30650 39 Marvin E. Moate 608 Rabun, Sparta 31087 40 Bobby W. Johnson P.O. Box 122, Warrenton 30828 41 Glenn S. Phillips Harlem 30814 42-Post 1 J. Crawford Ware 17 Taliaferro Dr., Hogansville 30230 42-Post 2 Edwin G. (Ed) Mullinax 611 South Piney Woods Dr., LaGrange 30240 43 Claude A. Bray, Jr. 111 Mayes Way, Manchester 31816 44 J. R. Smith 498 Rose Ave., Barnesville 30204 45 Harold G. Clarke Forsyth 31029 46 John H. Hadaway Hillsboro 31038 47-Post 1 J. Floyd Harrington Glenhaven, Milledgeville 31061 47-Post 2 Philip M. Chandler P.O. Box 806, Milledgeville 31061 48-Post 1 Francis A. Joiner P.O. Box 151, Tennille 31089 48-Post 2 Emory L. Rowland 150 Bradford St., Wrightsville 31096 49 J. Roy McCracken 312 Broad St., Avera 30803 50-Post 1 Preston B. Lewis Forest Dr., Waynesboro 30830 50-Post 2 Albert Sidney Newton RFD 4, Box 244, Millen 30442 51 Johnnie Lafayette Caldwell 720 S. Church St., 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 Rt. 6, Sylvania 30467 56 J. Lucius Black Preston 31824 57 Ward Edwards Butler 31006 58 Carl Preston Savage, Sr., M.D. P.O. Box 32, Montezuma 31063 59-Post 1 Paul Stalnaker 112 Patti Dr., Warner Robins 31093 59-Post 2 David C. Peterson Kathleen 31047 60-Post 1 Carlus D. Gay 1823 Pine Forest Cir., Dublin, 31021 60-Post 2 Dubignion (Dub) Douglas 1408 Edgewood Ave., Dublin, 31021 61 Joe C. Underwood Mt. Vernon, 30445 62 John F. Collins Box 407, Vidalia, 30474 63 Hines L. Brantley Metter, 30439 64-Post 1 W. Jones Lane Box 484, Statesboro, 30458 64-Post 2 Paul E. Nessmith, Sr. Rt. 4, Statesboro, 30458 65 Jack W. Shuman R.F.D. 1, Pembroke 31321 66 J. T. (Jake) Dailey 312 College St., Cuthbert, 31740 67 H. Goodwin Hall RFD 2, Leesburg, 31763 68-Post 1 Clarence A. Parker Rt. 4, P.O. Box 1308, Americus, 31709 68-Post 2 Janet S. Merritt (Mrs. Samuel M.) 234 W. Dodson St., Americus, 31709 69-Post 1 Howard H. Rainey 201 - 8 St., So., Cordele, 31015 69-Post 2 Rooney L. Bowen Box 323, Vienna, 31092 70 Dr. Frank P. Holder, Jr. Drawer 569, Eastman, 31023 71 John H. Anderson, Jr. Anderson Road, Hawkinsville, 31036 72 A. B. C. (Brad) Dorminy 701 W. Central Ave., Fitzgerald, 31750 73 Norman B. Doster Rochelle, 31079 74 E. O. (Gene) Branch Rt. 3, Baxley, 31513 75 Dewey D. Rush Rt. 4, Box 262, Glennville, 30427 76 Charles M. Jones 206 E. Court St., Hinesville 31313 77 Dr. McKee Hargrett 198 Conway Dr., Jesup 31545 78 W. Harvey Jordan Leary, 31762 79-Post 1 George D. Busbee 1205 3rd Avenue, Albany, 31701 79-Post 2 Colquitt Hurst Odom 1218-3rd Avenue, Albany, 31705 79-Post 3 Richard S. (Dick) Hutchinson 915 6th Ave., Albany, 31705 79-Post 4 William S. (Billy) Lee Royal Building, Pine Jackson, Albany, 31701 80 W. J. Crowe Sylvester, 31791 81 Harry Mixon P.O. Box 145, Ocilla 31774 82 George Jordan Box 175, Douglas, 31533 83-Post 1 Ottis Sweat, Jr. 710 Baltimore Ave., Waycross, 31501 83-Post 2 Harry D. Dixon 1303 Coral Rd., Waycross, 31501 84 S. D. Nimmer Blackshear, 31516 85-Post 1 Reid Walker Harris First Natl. Bank Bldg., P.O. Box 460, Brunswick, 31520 85-Post 2 Richard Morgan Scarlett P.O. Box 190, Brunswick, 31522 86 William Mobley Howell P.O. Box 348, Blakely, 31723 87 Donald R. Kirksey Rt. 5, Box 222, Colquitt, 31737 88 Marcus Collins Route 1, Pelham, 31779 89-Post 1 Hubert Dollar 1805 Douglas Dr. Bainbridge, 31717 89-Post 2 Anthony Wallace Cato 1508 Botts St., Bainbridge, 31717 90 Burton M. Wamble Rt. 1, Box 119, Cairo, 31728 91 James L. Jimmy Conner P.O. Box 632, Hazlehurst, 31539 92-Post 1 Jamie W. Oglesby 119 Parkway Dr., Thomasville, 31792 92-Post 2 Henry P. Russell, Jr. Rt. 1, Boston, 31626 93 Henry Bostick P.O. Box 94, Tifton, 31794 94-Post 1 Billy Gene Fallin 2021 S. Main St., Moultrie, 31768 94-Post 2 Dorsey R. Matthews Moultrie, 31768 95-Post 1 B. Jack Sullivan 2411 Westwood Dr., Valdosta, 31603 95-Post 2 H. M. Barfield Hahira, 31632 95-Post 3 Jim T. Bennett, Jr. R.F.D., Smithbriar Dr., Valdosta, 31601 96 Allen LaRue Parrish, Sr. 301 E. 4th St., Adel, 31620 97 Robert C. (Bobby) Pafford Box 415, Lakeland, 31635 98 Robert Ward Harrison, Jr. P.O. Box 207, St. Marys, 31558 99 Henry L. Reaves Rt. 2, Quitman, 31643 100 William Burton Steis Hamilton, 31811 101-Post 1 G. Robert (Bob) Howard 206 Roswell St., Suite 202, Marietta, 30060 101-Post 2 Hugh Lee McDaniell 1231 Pebble Creek Rd., S.E., Marietta, 30060 102-Post 1 Joe Mack Wilson 306 Northcutt St., Marietta, 30060 102-Post 2 Dr. J. H. Jack Henderson Jr. 1290 Gresham Rd., Marietta, 30060 103 Bill Cooper Rt. 5, Powder Springs Rd., Marietta, 30073 104-Post 1 Richard A. Dent 2043 Rosalie St., Augusta, 30901 104-Post 2 Donald E. Cheeks 754 Metcalf St., Augusta, 30904 105-Post 1 R. Luke DeLong 2137 Balfour St., Augusta, 30906 105-Post 2 John H. Sherman, Jr. P.O. Box 1063, Augusta, 30903 106-Post 1 William M. Fleming, Jr. 1700-C Valley Park Ct., Augusta, 30902 106-Post 2 Regnald Maxwell, Jr. 909 Marion Bldg., Augusta, 30902 107 Carr Glover Dodson 3795 Bonita Place, Macon, 31204 108 Mitch Miller 3859 Mathis St., Macon, 31206 109-Post 1 W. E. Bill Laite, Jr. 2948 Crestline Dr., Macon, 31204 109-Post 2 Ed Knapp 4435 Pio Nono Ave., Macon, 31206 109-Post 3 Joe F. Ragland 724 Forest Lake Drive, South, Macon, 31204 109-Post 4 Roger Wesley Wilson 2975 King Alfred Dr., Macon, 31204 110-Post 1 C. Ed Berry P.O. Box 1422, Columbus, 31902 110-Post 2 Albert William Thompson 210 Ninth St., Columbus, 31901 111-Post 1 I. Lawrence Shields 2506 Techwood Dr., Columbus, 31906 111-Post 2 Roscoe Thompson 1725 Stark Ave., Columbus, 31906 112-Post 1 Mac Pickard Box 1657, Columbus, 31906 112-Post 2 Milton Jones 908 - 2nd Ave., Columbus, 31901 112-Post 3 Thomas B. Buck, III P.O. Box 196, Columbus, 31902 113-Post 1 Arthur M. Gignilliat, Jr. P.O. Box 949, Savannah, 31402 113-Post 2 Jack K. Berry P.O. Box 115, Savannah, 31402 114-Post 1 Alan S. Gaynor 902 Liberty Bank Bldg., P.O. Box 566, Savannah, 31401 114-Post 2 W. Lance Smith 17 East York St., Savannah, 31401 115-Post 1 J. Robert (Bob) Tye 15 Redwood Circle, Wilshire Estates, Savannah, 31406 115-Post 2 George W. Whaley, Jr. P.O. Box 197, Pooler, 31322 116-Post 1 Willis J. (Dick) Richardson, Jr. P.O. Box 158, Savannah, 31402 116-Post 2 Joseph A. (Joe) Battle 2308 Ranchland Drive, Savannah, 31404 116-Post 3 Arthur J. Funk 7 Grimball River Rd., Savannah, 31406 117-Post 1 Clarence R. Vaughn, Jr. McDonald Rd., Conyers, 30207 117-Post 2 Tom Palmer 3800 Montford Dr., Chamblee 30005 117-Post 3 W. B. Malone 5397 New Peachtree Rd., Chamblee 30005 117-Post 4 George W. Smith 2218 Deer Ridge Dr., Stone Mountain 30083 118-Post 1 J. Robin Harris 250 E. Ponce de Leon Ave., Decatur 30030 118-Post 2 Robert H. Farrar 2996 Majestic Circle, Avondale Estates 30002 118-Post 3 Robert H. Walling 1001 Oxford Rd., N.E., Atlanta 30306 118-Post 4 Elliott H. Levitas 1352 Jody Lane, N.E., Atlanta 30329 119-Post 1 Walt Davis 3782 Snapfinger Rd., Lithonia 30058 119-Post 2 L. F. Jenkins 1953 Boulder Hills Dr., Ellenwood 30049 119-Post 3 James R. Westlake 3930 West Side Place, Ellenwood 30049 119-Post 4 Joe S. Higginbotham 3147 Robindale Road, Decatur 30030 120 Fred L. Winkles 878 Falcon Drive, S.W., Atlanta 30311 121 Guy Hill 1074 Boatrock Rd., Atlanta 30331 122 Young Hugh Longino P.O. Box 37, Fairburn 30213 123-Post 1 Rodney M. Cook 3495 Valley Road, N.W. Atlanta 30305 123-Post 2 Cecil Turner 1779 Merton Rd., N.E., Atlanta 30306 123-Post 3 Goodwyn Shag Cates 3234 Roswell Rd., N.W., Atlanta, 30305 124 John Hood 1163 Windsor St., S.W., Atlanta, 30310 125 G. D. Adams, Jr. 532 St. Johns Ave., S.W., Atlanta, 30315 126 Dick Lane 2704 Humphries St., East Point, 30044 127 Dr. William J. Cox 324 E. Paces Ferry Rd., N.E., Atlanta, 30305 128 Tom Dillon 2528 Linda Lane, S.E., Atlanta, 30315 129 Charlie L. Carnes 1131 Custer Ave., S.E., Atlanta, 30316 130 Nick G. Lambros P.O. Box 13422 Atlanta, 30324 131 William A. (Bill) Sims, Jr. 715 Courtenay Drive, N.E., Atlanta, 30306 132 Rev. J. D. Grier, Jr. 596 Glen Iris Dr., N.E., Atlanta, 30308 133 William H. Alexander 859 Hunter St., N.W., Atlanta, 30314 134 J. C. Daugherty 202 Daugherty Bldg., 15 Chestnut St., S.W., Atlanta, 30314 135 Benjamin D. Brown 196 Napoleon Dr., S.W., Atlanta, 30314 136 Julian Bond 823 Drummond St., S.W., Atlanta, 30314 137 Mrs. Grace T. Hamilton (Mrs. H. C. Hamilton) 582 University Pl., N.W., Atlanta, 30314 138 Devereaux F. McClatchey 1045 Hurt Bldg., Atlanta, 30303 139 Haskew H. Brantley, Jr. 6114 Riverside Dr. N.W., Atlanta, 30328 140 Kiliaen V. R. Townsend 120 North Avenue, N.W., Atlanta, 30313 141 Michael J. Egan, Jr. 1500 1st Nat. Bank Bldg., Atlanta, 30303

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RESULTS OF REFERENDUM ELECTIONS STATUS OF REFERENDUM ELECTIONS FOR THE YEARS 1953 THROUGH 1967 Georgia Laws Referendums Proposed Status Unknown Not Held Final Result 1953 (Jan./Feb.) 14 1 2 11 1953 (Nov./Dec.) 21 4 17 1955 17 1 1 15 1956 39 4 1 34 1957 24 1 23 1958 46 3 1 42 1959 35 1 34 1960 47 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 3 20 1966 25 2 23 1967 39 1 2 36 TOTALS 479 23 26 430

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

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Georgia Laws 1953, November-December session: County Page No. SUBJECT Date of Election Result Burke 2049 County Commissioners 9-8-54 For1833 Agn648 Cherokee 2668 Certain county officers on salary basis 11-2-54 For913 Agn674 Clayton 2855 City of Forest Park Status unknown Clayton 2029 City of Lake Tara 12-9-53 For64 Agn229 Clayton 2064 City of Lake Tara Status unknown Coweta 2040 City of Newnan 2-6-54 For1406 Agn603 Crisp 2407 City of Cordele 10-5-54 City vote: For202; Agn132 County vote: For23; Agn252 Decatur 2197 City of West Bainbridge 1-11-54 For200 Agn527 DeKalb 2578 City of Decatur 10-21-54 For466 Agn827 Early 2282 City of Blakely 4-19-54 For45 Agn82 Elbert 2987 City of Elberton 3-23-54 For958 Agn248 Forsyth 2674 County indebtedness for building purposes Status unknown Greene 2455 County Commissioners 3-23-54 For1637 Agn1807 Habersham 2745 City of Clarkesville 2-16-54 For154 Agn164 McDuffie 2584 City of Thomson 3-12-54 For253 Agn290 Miller 2814 City Court of Miller County 9-8-54 Status unknown Richmond 2476 City of Augusta 11-17-54 For259 Agn189 Sumter 2972 Tax Millage 1-12-54 For382 Agn431 Troup 2858 City of West Point 1-27-54 City vote: For140; Agn6 Outside city vote: For64; Agn53 Twiggs 2570 County Commissioners 11-2-54 For161 Agn626 This is a summary of the results of referendum elections which are of file and record in the office of Secretary of State. Referral to the page number, indicated in the second column, will enable the reader to determine the results of the individual referendum elections. Georgia Laws, 1955: County Page No. SUBJECT Date of Election Result Baldwin 2830 County Commissioners 4-20-55 * * Special election held May 31, 1955 and 2 additional members elected. For1079 Agn716 Clarke 3057 Merger city and county school systems 5-4-55 For1124 Agn564 Clayton 2781 City of Morrow 4-16-55 For75 Agn30 Clayton and Fulton 2884 City of College Park 5-14-55 For46 Agn13 DeKalb 2806 Form of government 5-18-55 (1) Single Com. for750 Multiple Com. For5013 (2) Co. Exec. For2728 Co. Manager For2733 Elbert 2117 City Court of Elberton 3-7-56 For4471 Agn522 Fulton 2650 City of Hapeville Status unknown Gwinnett 3163 City of Lawrenceville 3-19-55 For25 Agn89 Hall 3040 Tax Commissioner 11-28-55 For2163 Agn775 Hall 2627 Certain county officers on salary basis 11-28-55 For2144 Agn826 Houston 2093 City of Warner Robins 4-5-55 For234 Agn547 Jackson 2853 City of Commerce Not held Laurens 2620 City of Dublin 5-10-55 For582 Agn1327 Lumpkin 2892 County Commissioners 4-13-55 For337 Agn109 Rockdale 2428 Certain county officers on salary basis 4-16-55 For610 Agn877 Tift 2344 City of Tifton 4-27-55 For764 Agn270 Wayne 2858 City of Jesup 4-27-55 For383 Agn206 This is a summary of the results of referendum elections which are of file and record in the office of Secretary of State. Referral to the page number, indicated in the second column, will enable the reader to determine the results of the individual referendum elections.

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Georgia Laws, 1956: County Page No. SUBJECT Date of Election Result Baldwin 2725 County Commissioners 4-3-56 For1394 Agn1385 Baldwin 2865 City of Milledgeville 7-18-56 For107 (1 of 2) Agn58 Baldwin 2865 City of Milledgeville 10-15-56 For463 (1 of 2) Agn243 Baldwin 3003 City of Milledgeville 7-18-56 For12 Agn51 Banks 2056 Supplemental salary for Sheriff 3-14-56 For1054 Agn1378 Barrow 3100 City of Winder 5-4-56 For13 Agn103 Carroll 2797 Judge, City Court of Carrollton 11-6-56 For1305 Agn2344 Carroll 2877 Police court of Whitesburg Status unknown Chattooga 2899 County Commissioner 9-12-56 For2142 Agn1167 Clayton 2040 City Manager, City of Forest Park Status unknown (1 of 2) Clayton 2040 City of Forest Park Status unknown (1 of 2) Clayton 2518 City of Mountain View 3-24-56 For341 Agn44 Clayton 2744 City of College Park 4-28-56 For28 Agn22 Colquitt 2399 Certain County officers on salary basis 2-28-56 For3864 Agn2411 Colquitt 2403 Tax Commissioner 2-28-56 For3939 Agn2540 Colquitt 2830 City of Moultrie 10-1-56 * * West Moultrie Area: For1986; Agn169 [UNK] City Vote: Colonial Heights Area: For2002; Agn159 Crestwood Gardens Area: For2005; Agn167 East Moultire Area: For2004; Agn165 Tifton Highway Area: For1989; Agn173 Sylvester Drive Area: For1976; Agn175 Area 1-West Moultrie Area: For99; Agn57 [UNK] Area Vote: Area 2-Colonial Heights Area: For145; Agn83 Area 3-Crestwood Gardens Area: For27; Agn87 Area 4-East Moultrie Area: For41; Agn147 Area 5-Tifton Highway Area: For29; Agn107 Area 6-Sylvester Drive Area: For78; Agn144 DeKalb 2932 City Court of Decatur 5-16-56 For12,520 Agn5,846 DeKalb 3237 Multiple commission form of government 5-16-56 For18,393 (1 of 2) Agn2,001 DeKalb 3237 Commission Chairman 5-16-56 For:(a)4,743 (1 of 2) For:(b)15,300 Fayette 2022 Tax Commissioner 2-25-56 For292 Agn37 Glascock 3507 Travelling expenses for Sheriff 3-14-56 For498 Agn227 Gwinnett 2502 Tax Commissioner 11-6-56 For3,383 Agn1,641 Hall 3166 City of Lula 3-27-56 Belton vote: For64; Agn2 Lula vote: For35; Agn3 Houston 2510 City of Warner Robins 5-8-56 For215 Agn30 Jackson 2887 City Court of Jefferson 9-12-56 For972 Agn1556 Laurens 3267 City of Dublin Not held Miller 2799 Voting machines 9-12-56 For231 Agn580 Murray 3476 Chatsworth 8-25-56 For77 Agn109 Muscogee 2386 City of Columbus 9-12-56 City vote: For6179; Agn2356 Outside city vote: For516; Agn2070 Newton 2507 City of Covington 5-1-56 For109 Agn90 Richmond 2406 Sale of Allen ParkCity of Augusta 4-18-56 For7769 Agn3734 Spalding 2412 City of Griffin 4-17-56 City vote: For948; Agn595 Affected area For365; Agn400 Thomas 3159 Certain county officers on salary basis 4-24-56 For902 Agn939 Thomas 3510 Tax Commissioner 4-24-56 For876 Agn957 Troup 2827 City of Hogansville 7-18-56 City vote: For216; Agn117 Outside city vote: For41; Agn159 Troup 3078 City of Hogansville 7-18-56 For257 Agn276 Troup 3423 City of North West Point 4-25-56 For34 Agn111 Walker 2995 Town of Linwood Status unknown Whitfield 2093 City of Dalton 3-15-56 For985 Agn1831 This is a summary of the results of referendum elections which are of file and record in the office of Secretary of State. Referral to the page number, indicated in the second column, will enable the reader to determine the results of the individual referendum elections. Georgia Laws, 1957: County Page No. SUBJECT Date of Election Result Bartow 2048 City of Cartersville 3-12-57 For1010 Agn314 Bulloch 2877 City of Statesboro 7-26-57 Area 1: For312; Agn14 Area 2: For312; Agn14 Area 3: For313; Agn13 Chatham 2003 City of Port Wentworth 3-20-57 For422 Agn128 Clarke 2033 City of AthensMayor and City Council 2-27-57 For617 Agn2112 Clarke 2036 RecorderCity of Athens 2-27-57 For714 Agn2047 Cobb 3020 City of Acworth 5-4-57 For73 Agn181 Coffee 2833 City Commissioners of City of Douglas 5-29-57 For485 Agn99 Colquitt 2205 City of Moultrie 3-11-57 For25 Agn53 Cook 3253 County Commissioners 5-8-57 For227 Agn364 Dougherty 2595 City of Albany 5-20-57 For325 Agn720 Douglas 2358 City of Douglasville 5-3-57 City vote: For50; Agn53 Affected area: For2; Agn164 Emanuel 3317 City of Swainsboro 10-14-57 City vote: For: Area 1 and 2 Outside city vote: For: Area 2 Agn: Area 1 Gwinnett 2669 City of Lawrenceville 3-23-57 For27 Agn4 Hancock 2341 City of Sparta Not held Henry 2121 County Commissioners 4-6-57 For784 Agn924 Miller 2194 County Commissioners 4-2-57 Majority vote for $5 per meeting Pickens 2332 Town of Jasper 4-17-57 City vote: For78; Agn12 Outside city vote: For15; Agn213 Pickens 2400 Town of Jasper 4-17-57 For75 Agn10 Polk 2185 City of Cedartown 5-8-57 For656 Agn934 Pulaski 3353 City of Hawkinsville 4-30-57 For115 Agn266 Spalding 2809 City of Griffin 4-30-57 For552 Agn317 Twiggs 3002 County Commissioners 5-22-57 For156 Agn174 Walker 2419 Town of Linwood 4-27-57 For71 Agn29 Wilkinson 2383 Town of McIntyre 5-25-57 For49 Agn18 This is a summary of the results of referendum elections which are of file and record in the office of Secretary of State. Referral to the page number, indicated in the second column, will enable the reader to determine the results of the individual referendum elections. Georgia Laws, 1958: County Page No. SUBJECT Date of Election Result Bacon 3378 City of Alma 7-2-58 For206 Agn197 Baldwin 3302 County Commissioner 11-4-58 For932 Agn717 Barrow 2338 City of Winder 6-4-58 For131 Agn229 Bartow 2683 Tax Commissioner 9-10-58 For3590 Agn1254 Bartow 2866 Certain County officers on salary basis 9-10-58 For3462 Agn1356 Brooks 2859 City Commission of Quitman 5-27-58 For173 Agn74 Chatham 2617 Town of Thunderbolt 1-20-59 For291 Ang115 Chatham 3337 City of Savannah 5-27-58 For4024 Agn2283 Chattahoochee 2554 Compensation of Sheriff 11-4-58 For55 Agn30 Cherokee 2437 City of Canton 5-7-58 For119 Agn483 Cherokee 2661 City of Canton 5-7-58 For223 Agn37 Clayton 3022 City of Mountain View In litigation Clayton 3397 City of Forest Park 4-12-58 Clayton and Fulton 2309 City of College Park 5-19-58 For2 Agn0 Clayton and Fulton 2363 City of College Park 5-14-58 For10 Agn0 Colquitt 2441 City of Moultrie 7-14-58 (Area 6) For53; Agn1 7-21-58 (Area 7) For110; Agn79 7-28-58 (Area 8) For31; Agn27 DeKalb 3318 City of Chamblee 5-10-58 City area vote: For41; Agn1 Affected area: For91; Agn41 Dodge 2207 County Commissioners 3-18-58 For571 Agn2997 Early 2829 City of Blakely 8-12-58 For59 Agn96 Emanuel 3143 City of Swainsboro 10-13-58 Parcel # 1-City vote: For227; Agn15 Outside city: For143; Agn54 Parcel # 2-City vote: For229; Agn15 Outside city: For39; Agn40 Parcel # 3-City vote: For230; Agn14 Outside city: For24; Agn28 Fannin 3353 City of Blue Ridge 5-17-58 For162 Agn282 Franklin 2644 City of Carnesville 4-22-58 For33 Agn21 Fulton 2721 City of College Park 6-3-58 For738 Agn340 Fulton Clayton 2453 City of College Park 5-19-58 For2 Agn0 Fulton Clayton 2854 City of College Park 5-14-58 For0 Agn0 Fulton Clayton 3212 City of East Point 7-16-58 For63 Agn28 Gordon 2131 City of Calhoun 3-26-58 City vote: For234; Agn75 County vote: 2279 For203; Agn256 Hall Gainesville City Commission 4-1-58 For925 2820 Agn169 Haralson Millage for education purposes. Not held as of 4-18-60 Henry 3127 Certain county officers on salary basis 5-21-58 For346 Agn206 Henry 3132 City of Stockbridge City vote: 4-30-58 For61; Agn75 Outside City: For16; Agn116 Henry 3200 City of Hampton 4-30-58 City vote: For92; Agn3 Outside City: For37; Agn9 Henry 3367 City of McDonough Status unknown Jasper 2922 City of Monticello 6-3-58 City vote: For147; Agn107 Outside City: For15; Agn50 Jeff Davis 3288 County Commissioners 4-19-58 For1025 Agn901 Lowndes 2624 City of Valdosta 4-14-58 For907 Agn243 Newton 2269 City of Covington 7-9-58 For151 Ang460 Polk 2468 Town of Van Wert 9-10-58 For7 Agn57 Pulaski 2826 Tax Commissioner 11-4-58 For222 Agn235 Putnam 2980 City of Eatonton 6-11-58 For42 Agn257 Tift 2697 City of Tifton 5-7-58 For669 Agn48 Tift 2696 City of Tifton 4-30-58 For333 Agn286 Tift 2930 City of Tifton Commissioners 5-28-58 For338 Agn338 Ware 2763 City of Manor 5-17-58 For19 Agn100 Wilkes 2091 County Commissioners 11-4-58 For749 Agn98 White 3224 County Commissioners Not held This is a summary of the results of referendum elections which are of file and record in the office of Secretary of State. Referral to the page number, indicated in the second column, will enable the reader to determine the results of the individual referendum elections. Georgia Laws, 1959: County Page No. SUBJECT Date of Election Result Bartow 2782 City of Cartersville 4-29-59 For79 Agn154 Bartow 2793 City of Cartersville 4-29-59 For3 Agn21 Bartow 2797 City of Adairsville 5-12-59 For77 Agn120 Bartow 2907 City of White (Sec. 2) 5-16-59 For7 Agn36 Bartow 2907 City of White 5-16-59 For27 Agn45 Bartow 2920 City of Kinston 5-16-59 For49 Agn2 Catoosa 2161 County Commissioners 3-28-59 For718 Agn2430 Chattooga 2809 City of Summerville 5-23-59 For160 Agn462 Cherokee 2494 Certain County officers on salary basis 4-4-59 For1522 Agn509 Clayton Fulton 2499 City of College Park 5-18-59 For14 Agn38 Clayton Fulton 2508 City of College Park 5-18-59 For0 Agn0 Clayton Fulton 2516 City of College Park 5-18-59 For5 Agn0 Clayton Fulton 2521 City of College Park 5-18-59 For3 Agn0 Cobb 3142 City of AustellParcel #2 8-18-59 For7 Agn8 Cobb 3142 City of AustellParcel #3 8-4-59 For2 Agn11 Cobb 3142 City of AustellParcel #1 For5 4-12-60 Agn49 Colquitt 2397 TaxationCity of Norman Park For50 6-8-59 Agn81 Dougherty 2091 County Commissioners For755 4-8-59 Agn417 Dougherty 3064 City of Albany For1413 5-25-59 Agn710 Douglas 2871 City of Lithia Springs For241 8-25-59 Agn569 Douglas 3142 City of AustellParcel#4 * * See Cobb County1 of 4 elections held. 8-11-59 ** ** Certified copy of Order of Ordinary on file in this office, under date of January 5, 1960, declaring the election held August 11, 1959 to be null and void. For14 Agn15 Elbert 2627 County Commissioners 4-8-59 For804 Agn436 Elbert 2621 Tax Commissioner 4-8-59 For1041 Agn203 Elbert 2624 Certain County officers on salary basis 4-8-59 For1014 Agn228 Emanuel 2592 City of Twin City 5-4-59 For200 Agn162 Gwinnett 3161 City of Dacula 5-9-59 For82 Agn45 Habersham 2178 City of Cornelia 4-13-59 For102 Agn91 McDuffie 2568 County officials on salary system 6-30-59 For502 Agn75 Meriwether and Talbot 2534 City of Manchester 4-1-59 For109 Agn30 Newton 2780 City of Oxford 5-1-59 For30 Agn36 Polk 2171 City of Cedartown 5-19-59 City vote: For387; Agn75 County vote: For86; Agn291 Polk 2732 Certain County officers on a salary basis 3-16-60 For4388 Agn1624 Toombs 2010 County Commissioners 4-8-59 For1510 Agn827 Turner 2575 County Commissioners Not held * * Act declared unconstitutional by Turner Superior Court and no election held. Union 2053 County Commissioners 3-17-59 For810 Agn1629 This is a summary of the results of referendum elections which are of file and record in the office of Secretary of State. Referral to the page number, indicated in the second column, will enable the reader to determine the results of the individual referendum elections. Georgia Laws 1960: County Page No. SUBJECT Date of Election Result Banks 3035 County Commissioners 9-14-60 For1197 Agn767 Berrien 3301 City of Nashville 11-8-60 For466; Agn418 Bibb 3223 Macon Bibb County incorporated 6-1-60 City vote: For1902; Agn4288 Outside City vote: For1902; Agn7368 Payne City vote: For37; Agn55 Chatham 2273 Town of Thunderbolt 1-17-61 For151 Agn283 Chattooga 2715 Town of Trion 5-5-60 For53 Agn25 Clarke 2234 City of Athens 4-13-60 For270 Agn522 Cobb 2127 City of Smyrna Status unknown Coweta 3020 City of Newnan 4-30-60 For320; Agn146 Douglas and Cobb 2118 City of Austell 3-26-60 For27 Agn38 Dodge 2608 Town of Rhine 4-27-60 For146 Agn4 DeKalb 3158 City of Decatur 12-7-60 Status unknown Emanuel 2360 County Commissioners 11-8-60 For877 Agn2080 Evans 2251 City of Claxton Proposed Area: 5-5-60 For32; Agn62 Within City vote: For379; Agn107 Franklin 2143 County Commissioner Advisory Board For2296 3-9-60 Agn1038 Fulton Clayton 2849 City of College Park For6 5-14-60 Agn0 Fulton Clayton 2854 City of College Park For21 5-16-60 Agn15 Greene 3089 Tax Commissioner For801 4-28-60 Agn823 Greene 3093 Certain County officers on salary basis For822 4-28-60 Agn835 Henry 3297 City of McDonough Inside City vote: 5-18-60 For61; Agn35 Outside City vote: Houston 2605 Tax Commissioner Agn959 11-8-60 For41; Agn83 Jefferson 2913 Town of Avera Status unknown For4057 Lamar 2294 Certain County officers on salary basis 5-11-60 For131 Agn193 Liberty 2237 County Commissioners 3-30-60 For1096 Agn573 Lowndes 3125 City of Valdosta 4-15-60 For87 Agn656 McIntosh 2888 Clerk Superior Court 5-28-60 Status unknown McIntosh 2893 Sheriff 5-28-60 Status unknown McIntosh 2899 Tax Commissioner 5-28-60 Status unknown McIntosh 2904 Ordinary 5-28-60 Status unknown Mitchell 2301 City of Camilla 4-27-60 City of Camilla For 45; Agn15 Mitchell County For8; Agn1 Morgan 2518 Certain County officers on salary basis 3-15-60 For1894 Agn332 Murray 3180 City of Spring Place Status unknown Polk 2111 City of Cedartown 3-22-60 For74 Agn50 Pulaski 2991 Clerk Superior Court 9-14-60 For798 Agn962 Pulaski 2995 Tax Collector 9-14-60 For803 Agn952 Pulaski 2998 Ordinary 9-14-60 For805 Agn949 Pulaski 3001 Sheriff 9-14-60 For810 Agn953 Pulaski 3009 Tax Receiver 9-14-60 For777 Agn952 Rabun 2417 City of Clayton 5-25-60 For46 Agn160 Rockdale 2028 City of Conyers 3-2-60 For134 Agn283 Stewart 2051 County Commissioner and creation of Advisory Board. 3-16-60 For418 Agn297 Walton 2056 Certain County officers on salary basis 3-9-60 For3092 Agn918 Walton 2063 County Commissioners 3-9-60 For2748 Agn1117 Walton 2067 Tax Commissioner 3-9-60 For3181 Agn900 Wayne 2202 County Commissioners 3-4-60 For458 Agn1672 Whitfield 2003 County Commissioner 3-2-60 For955 Agn1042 Whitfield 2007 Certain County officers on salary basis 3-2-60 For1272 Agn746 Whitfield 2019 Tax Commissioner 3-2-60 For1227 Agn806 This is a summary of the results of referendum elections which are of file and record in the office of Secretary of State. Referral to the page number, indicated in the second column, will enable the reader to determine the results of the individual referendum elections.

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Georgia Laws 1961: County Page No. SUBJECT Date of Election Result Appling 2197 City of Baxley 4-18-61 For514 Agn292 Bartow 2782 City of Cartersville 6-10-61 For6 Agn44 Void1 Bartow 3382 City of Cartersville 6-10-61 For29 Agn20 Void3 Bartow 3469 City of Cartersville 6-10-61 For205 Agn159 Void2 Bibb 2441 City of Macon 5-24-61 City vote: For1560; Agn445 Outside City vote: For12269; Agn9037 Carroll 3118 City of Carrollton 5-20-61 For267 Agn764 Void7 Chatham 2969 City of Savannah 5-10-61 City of Savannah: For9176; Agn1679 Zone No. 1: For886; Agn759 Zone No. 2: For123; Agn277 Chatham 3072 Civil Service System 4-20-61 For137 Agn144 Chattooga 2658 City of Summerville 5-27-61 For338 Agn241 Colquitt 3041 City of Moultrie Not held Early 2245 City of BlakelyNorth City Limits 6-13-61 For61 Agn56 Void3 Early 2260 City of BlakelySouth City Limits 6-14-61 For35 Agn56 Void1 Forsyth 2252 City of Cumming 4-1-61 City vote: For108; Agn26 Outside City vote: For41; Agn142 Gwinnett 2583 City of Norcross 5-20-61 City vote: For45; Agn25 Outside City vote: For21; Agn43 Gwinnett 3156 City of Suwanee 4-29-61 For56 Agn15 Laurens 2598 City of Dublin 8-2-61 For1077 Agn463 Meriwether 2760 City of Manchester 5-3-61 For614 Agn322 Meriwether 3058 Creates Board County Commissioners 5-31-61 For860 Agn320 Meriwether 3223 Abolish office Treasurer 5-31-61 For680 Agn493 Meriwether 3416 Tax Commissioner compensation 5-31-61 For940 Agn243 Meriwether 3456 Certain County officers compensation 5-31-61 For938 Agn254 Monroe 2994 City of Forsyth 10-4-61 For668 Agn245 Murray 3403 City of Spring Place 6-24-61 For24 Agn19 Pike 2704 City of Zebulon 5-6-61 For52 Agn1 Polk 2931 City of Rockmart 12-2-61 See below * * Result: City of RockmartFor: 669; Agn: 174 Ward 1For: 22; Agn: 36 Ward 2For: 0; Agn: 17 Ward 3For: 0; Agn: 0 Ward 4For: 6; Agn: 69 Ward 5For: 0; Agn: 1 Sumter 3251 City of Americus 5-9-61 For331 Agn954 Void6 Troup 2650 City of West Point 4-26-61 For143 Agn224 This is a summary of the results of referendum elections which are of file and record in the office of Secretary of State. Referral to the page number, indicated in the second column, will enable the reader to determine the results of the individual referendum elections.

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Georgia Laws, 1962: County Page No. SUBJECT Date of Election Result Bryan 2505 City of Richmond Hill 4-4-62 For153 Agn119 Chatham 2707 Town of Pooler 4-26-62 For110 Agn114 Clarke 2677 City of Athens 5-23-62 For643 Agn521 Clarke 2751 City of Athens 4-25-62 For1228 Agn1361 Clayton Fulton 2592 City of College Park 5-5-62 For32 Agn37 Clayton Fulton 2599 City of College Park 6-1-62 For214 Agn1061 Clayton Fulton 3084 City of College Park 5-26-62 For4 Agn160 Columbia 2713 City of Martinez 9-12-62 For85 Agn573 Emanuel 2359 Board of County Commissioners 11-6-62 For450 Agn484 Fulton 2473 City of East Point 5-9-62 For1 Agn3 Fulton 2854 City of East Point 5-9-62 For1 Agn6 Fulton 2861 City of East Point 5-9-62 For6 Agn31 Fulton 3130 City of East Point 5-9-62 For25 Agn22 Gwinnett 2364 Unlawful to own and operate pinball machines, etc. 11-6-62 For1737 Agn638 Henry 2403 Town of Locust Grove 4-25-62 For20 Agn27 Jackson 2620 City of Jefferson Not held Jackson 2624 City of Commerce 12-5-62 Inside City For385; Agn108 Outside City For58; Agn237 Laurens 2528 Town of Dudley 3-28-62 For29 Agn4 Laurens 3052 Office of County Treasurer abolished Not Held Meriwether 2244 City of Manchester 3-28-62 For234 Agn66 Meriwether 2396 City of Manchester 3-28-62 For251 Agn47 Meriwether 2422 City of Manchester 3-28-62 For224 Agn67 Meriwether 2603 City of Manchester 3-28-62 For231 Agn76 Meriwether 2613 City of Manchester 3-28-62 For227 Agn57 Mitchell 2158 City of Camilla 4-24-62 For15 Agn0 Murray 2576 City of Chatsworth 6-23-62 For143 Agn183 Muscogee 2164 Columbus-Muscogee Board of Commissioners Muscogee County creation of 4-11-62 For6612; Agn9103 City of Columbus For5563; Agn6032 Newton 3072 City of Covington 4-25-62 For550 Agn167 Oglethorpe 3202 City Court of Lexingtonabolish 11-6-62 For392 Agn180 Putnam 2440 Certain county officers, compensation 11-6-62 For626 Agn129 Putnam 3048 Office of Tax Commissionercreated 11-6-62 For548 Agn184 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 For577 Agn543 Warren 2981 Clerk Superior Court attend Court of Ordinary, when 11-6-62 For281 Agn313 Washington 3038 City of Tennille 5-2-62 In proposed areas For13; Agn44 In City Tennille For139; Agn58 Wayne 3110 Board of County Commissionerscreation of 11-6-62 For664 Agn449 Wilkinson 2847 Town of McIntyre 4-7-62 For70 Agn21 This is a summary of the results of referendum elections which are of file and record in the office of Secretary of State. Referral to the page number, indicated in the second column, will enable the reader to determine the results of the individual referendum elections.

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Georgia Laws, 1963: County Page No. SUBJECT Date of Election Result Baker 2928 Tax Collector and Tax Receivercompensation 4-25-63 For581 Agn343 Baldwin 3035 Civil and Criminal Court of Baldwin County created 5-28-63 For142 Agn346 Bartow 2066 Sheriff's deputies and jailerscompensation 4-10-63 For721 Agn1170 Bartow 2070 Deputy Clerk of Superior Courtcompensation 4-10-63 For545 Agn1330 Bartow 2074 Clerical help in office of the Ordinarycompensation 4-10-63 For666 Agn1230 Bartow 2078 Clerical help in office of the County Commissioner 4-10-63 For532 compensation Agn1343 Bartow 2082 Deputy Tax Commissionerclerical help 4-10-63 For511 compensation Agn1356 Bartow 2086 County to furnish sheriff's office with automobiles, 4-10-63 For714 equipment and uniforms Agn1172 Berrien 2627 Town of Enigma 6-4-63 For15 Agn0 Bleckley 2382 Tax Commissionercreation of office 6-5-63 For209 Agn436 Cherokee 2016 City of Canton 5-1-63 For45 Agn29 Clayton 2723 Town of Lovejoy Not held Clayton 2815 City of Riverdale Not held Cobb 2781 Board of County Commissionerscreation of 1-8-64 For2123 Agn4100 Colquitt 2203 City of Moultrie Status unknown DeKalb 3457 City of North Atlanta 7-11-63 For(1)508 For(2)55 For(3)842 Dougherty 3630 City of Albany 7-29-63 For1034 Agn1406 Emanuel 2583 City of Swainsboro 5-13-63 Inside City: For243 Agn44 Outside City: For81 Agn41 Fulton 2887 City of East Point Not held Glynn 3249 City of Brunswick 10-1-63 For798 Agn570 Hall 3552 Board of County Commissioners 9-3-63 For1421 Agn1571 Henry 2609 Board of County Commissioners 5-15-63 For Sec. 1669 For Sec. 2624 Houston 3330 City of Warner Robins 5-7-63 For1127 Agn776 Irwin 2602 Tax Commissionercreation of office For91 Agn279 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 For333 Agn669 Pulaski 3436 Tax Commissionercreation of office 6-18-63 For354 Agn321 Screven 2835 City of Sylvania 6-4-63 For160 Agn79 Void6 Talbot 2185 Board of County Commissioners 5-22-63 For239 Agn295 Telfair 2482 City of McRae 5-1-63 For130 Agn3 Thomas 3402 City of Boston 5-20-63 For45 Agn126 Thomas 3405 City of Boston 5-20-63 For52 Agn127 Turner 2471 One member Board County Commissioner 4-24-63 For249 Agn603 Walton 2600 Tax Equalization Program 7-24-63 For1715 Agn1838 Ware 2237 Board of County Commissioners 5-30-63 For1727 Agn1373 Wilkes 2803 Certain County Officerscompensation 5-28-63 For1304 Agn119 Wilkes 3447 Tax Commissionercompensation 5-28-63 For1281 Agn130 This is a summary of the results of referendum elections which are of file and record in the office of Secretary of State. Referral to the page number, indicated in the second column, will enable the reader to determine the results of the individual referendum elections.

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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 Agn848 Brooks 2776 City of Quitmancharter amendment Status unknown Chatham 2288 Town of Poolercharter amendment 4-15-64 For124 Agn61 Cherokee 2351 City of Woodstockcharter amendment Not held Cherokee 2431 City of Cantoncorporate limits 4-8-64 For174 Agn394 Colquitt 2305 City of Moultriecharter amendment 10-20-64 For1174 Agn613 Cook 2093 County Commissionersmethod of election 3-4-64 For2003 Agn1612 Dodge 2954 City of Empirenew charter 6-2-64 For55 Agn71 Fulton 2478 City of Union Citycharter repeal 5-8-64 For214 Agn279 Gwinnett 2733 City of Suwaneenew charter 5-11-64 For90 Agn4 Hancock 2088 Sheriff, Ordinary and Clerk Superior Courtcompensation 4-22-64 For251 Agn64 Harris 2939 4-29-64 Inside: For61 Agn43 Outside: For0 Agn7 Hart 2028 Board of Financeelection members 9-9-64 Question A: 1,246 Question B: 873 McDuffie 2095 Board of county commissionerscreation of 4-1-64 For971 Agn1720 McDuffie 2104 Tax Commissionercreation of 4-1-64 For985 Agn1708 McDuffie 2107 Sheriffcompensation 4-1-64 For982 Agn1705 Meriwether 2154 Town of Greenvillecharter amendment Status unknown Meriwether 2412 City of Woodburycharter amendment 4-22-64 For110 Agn30 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 For509 Agn502 For election of board by people For692 For election of board by Grand Jury Agn93 Pickens 2066 Board of county commissionerscreation of 3-4-64 For1822 Agn144 Pickens 2078 City of Jaspercharter amendment 3-21-64 Inside City: For43 Agn3 Outside City: For9 Agn0 Thomas 2497 Sheriffcompensation 4-29-64 For1685 Agn639 Tift 2208 City of Tiftoncommissioners powers 4-22-64 For281 Agn216 Tift 2361 City of Tiftoncharter amendment 4-22-64 For136 Agn368 Tift 2900 Board of County Commissionersmembership 5-13-64 For1922 Agn1290 Tift 3069 Board of county commissionersprovide bids 5-13-64 For2592 Agn738 Walker 2014 Ordinarycompensation 2-18-64 For4695 Agn285 Walker 2018 Tax Commissionercreation of 2-18-64 For4673 Agn251 Walker 2024 Clerk Superior Courtcompensation 2-18-64 For4655 Agn298 Walker 2643 Fire prevention districtsestablishment 2-15-65 For246 Agn41 (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 For933 Agn863 Baker 2096 Sheriffprovide annual salary 7-15-64 For464 Agn529 Barrow 2347 City of Windercharter amendment 9-9-64 For507 Agn372 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 For57 Agn104 Troup 2256 City of Hogansville(Ad valorem tax for school purposes) 9-2-64 For200 Agn410 Troup 2350 Small Claims and Committal Courtestablishment of LaGrange 11-3-64 ** ** Troup County: Vote not known; Ordinary advises that Act was not ratified. Worth 2116 City of Sylvesternew charter 12-2-64 For216 Agn32 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, 1965: County Page No. SUBJECT Date of Election Result Appling 3142 Compensation of secretary of sheriff, tax commissions, etc 11-8-66 For589 Agn556 Appling 3361 Providing for an annual audit, etc 11-8-66 For733 Agn326 Baldwin 2306 City of Milledgevillecharter amendment 6-2-65 For544 Agn462 Baldwin 2316 Board of County Commissionersamended 4-7-65 For801 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 Agn688 Decatur 3245 Small Claims Court of Decatur Countycreated 6-16-65 For447 Agn472 Dooly 2582 City of Unadillacharter amendment 7-20-65 For56 Agn115 Echols 3160 City of Statenvillecharter amendment 7-14-65 For72 Agn75 Fulton 3391 City of College Parkcharter amendments Status unknown Habersham 2727 City of Corneliacharter amendment 5-12-65 For92 Agn123 Houston 2650 City Court of Warner Robinscreation of, etc 6-22-65 For1847 Agn1657 Jackson 3408 City of Jeffersoncharter amendments Status unknown Liberty 3342 Town of Allenhurstcreation of 5-10-65 For51 For0 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 For422 McDuffie 2480 Changes compensation of coroner 5-12-65 For105 Agn58 Putnam 2862 Compensation of county commissioners 6-16-65 For183 Agn199 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 For226 Agn49 Fire Dist. No. 2 For116 Agn46 Fire Dist. No. 3 For364 Agn535 Tift 2541 Change compensation of ordinary 6-16-65 For953 Agn353 Tift 2608 Compensation of clerk superior court 6-16-65 For952 Agn381 Tift 2705 Compensation of tax commissioner 6-16-65 For943 Agn361 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, 1966: County Page No. SUBJECT Election Date of Result Appling 2754 Board of County Commissioners 11-8-66 For728 Agn479 Atkinson 2107 County Court of Atkinson County 11-8-66 For1004 Agn704 Bartow 2144 City of Adairsville 4-2-66 For167 Agn48 Bartow 2454 City of Adairsville 4-2-66 For210 Agn105 Bryan 2466 City Court of Pembroke 9-14-66 For368 Agn1148 Bulloch 2316 City of Statesboro 11-8-66 For265 Agn183 Fulton 3337 City of Atlanta 5-11-66 Sandy Springs For-2504 Agn-5173 Adamsville For-198 Agn-151 Floyd 3129 Floyd School District 4-12-66 For1459 Agn3759 Habersham 2404 City of Cornelia 4-27-66 For150 Agn115 Habersham 2625 City of Cornelia 4-27-66 For149 Agn114 Habersham 3102 City of Cornelia 4-27-66 For144 Agn118 Habersham 3144 City of Cornelia 4-27-66 For157 Agn105 Hall 3305 Recreating the Board of County 11-8-66 For4842 Commissioners Agn4335 Irwin 2472 Office of Tax Commissioner 4-27-66 For184 Agn387 Jackson 3025 City of Jefferson Not held Jeff Davis 2352 Creation of the City of Denton 4-6-66 For162 Agn58 Meriwether 2266 Compensation -Certain County 11-8-66 For1495 Officers Agn2994 Meriwether 2521 Town of Luthersville 5-7-66 For40 Agn19 Meriwether 3318 City of Woodbury 5-11-66 For27 Agn6 Meriwether 3403 City of Greenville 5-4-66 For24 Agn19 Miller 2867 City of Colquitt Not held Miller 3372 Small Claims Court of Miller Co. 5-4-66 For180 Agn153 Pike 3170 City of Zebulon 4-30-66 For89 Agn14 Stephens 2628 County Commissioners 11-8-66 For1443 Agn1554 Wayne 3099 City of Jesup 5-25-66 For1083 Agn603 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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REFERENDUM ELECTION RESULTS1967 Georgia Laws 1967: County Page No. SUBJECT Date of Election Result Banks 2538 Election of county board of education members 6-28-67 For333 Agn219 Banks Habersham 2610 Town of Baldwincharter amendment Not held Barrow 3326 City of Stathamnew charter 5-19-67 For185 Agn93 Ben Hill 2987 Election of city board of education members, etc 6-13-67 For179 Agn507 Bulloch 3483 City of Statesborocharter amendment 7-28-67 For490 Agn111 Bulloch 2997 Town of Brookletcharter amendment 9-1-67 For33 Agn3 Catoosa 2207 Creation of Board of County Commissioners 4-15-67 For1139 Agn3373 Catoosa 2225 Election of members of county board of education 4-15-67 For1426 Agn2993 Chattahoochee 2530 Election of county board of education members Not held Clarke 2929 Board of Educationelection of members 6-7-67 For663 Agn570 Clarke 3215 City of Athenseducational tax 11-5-68 * * Date of General Election in 1968. Cook 2507 Election of county board of education members 8-16-67 For584 Agn135 Crisp 2691 Election of county board of education members 9-14-67 For266 Agn32 Dooly 2467 City of Viennacharter amendment 6-20-67 For12 Agn9 Dooly 2922 Election of board of education members, etc 6-20-67 For807 Agn173 Echols 3491 City of Statenvillecharter amendment 5-15-67 For62 Agn106 Floyd 2163 City of Romecharter amendment 4-26-67 For333 Agn794 Gordon 2898 Fire protection services 6-21-67 For286 Agn111 Henry 2595 City of Stockbridgecharter amendment 5-13-67 Inside City For101 Agn87 Outside City For43 Agn475 Houston 2606 City of Warner Robinscharter amendment 4-25-67 For2292 Agn680 Houston 3241 Appointment of county school superintendent 11-7-67 For1001 Agn2317 Houston 3244 Election of members of county board of education 11-7-67 For2559 Agn757 Lowndes 2118 Creation of the Town of Dasher 4-11-67 For59 Agn5 McDuffie 2169 Deputy sheriffcompensation 4-26-67 For1069 Agn539 Meriwether 2011 City of Greenvillenew charter 4-3-67 For41 Agn0 Murray 2458 City of Chatsworthcharter amendment 5-31-67 For154 Agn19 Newton 2405 Creation of new county board of education 5-3-67 For1258 Agn598 Newton 2784 Board of County Commissionerscreation of 5-3-67 For1301 Agn540 Pike 2448 Create office of Tax Commissioner 9-6-67 For454 Agn52 Pike 3152 Election of members of county board of education, etc 9-6-67 For441 Agn65 Polk 2718 Election of members of county board of education 11-5-68 * Pulaski 3463 Pulaski County and City of Hawkinsville school merger 11-7-67 Pulaski County For249 Agn482 City of Hawkinsville For466 Agn236 Randolph 2243 Tax Commissionerchange compensation, etc. 4-26-67 Proposition #1 For1109 Proposition #2 For782 Stephens 3005 Election of members of county board of education 5-2-67 For709 Agn1016 Stewart 3227 Clerk Superior Courtcompensation 11-5-68 * Thomas 2115 City of Thomasvilletax rate for schools 3-28-67 For841 Agn398 Turner 2694 City of Sycamorecharter amendment 5-26-67 For162 Turner 2694 City of Sycamorecharter amendment 5-26-67 For162 Agn51 Union 3064 Sheriff's salary 6-28-67 For235 Agn790 Whitfield 2277 City of Daltoncharter amendment 4-19-67 For516 Agn607 This is a summary of the results of referendum elections which are of file and record in the office of Secretary of State. Referral to the page number, indicated in the second column, will enable the reader to determine the results of the individual referendum elections.

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