Acts and resolutions of the General Assembly of the state of Georgia 1968 [volume 1]

Collection:
Georgia Legislative Documents
Title:
Acts and resolutions of the General Assembly of the state of Georgia 1968 [volume 1]
Creator:
Georgia. General Assembly
Publisher:
Atlanta, Ga. : Georgia. General Assembly
Date of Original:
1968
Subject:
Law--Georgia--History--20th century
Resolutions, Legislative--Georgia
Public institutions--Law and legislation--Georgia
Georgia--Appropriations and expenditures
Location:
United States, Georgia, Fulton County, Atlanta, 33.749, -84.38798
Medium:
legislative acts
Type:
Text
Format:
text/html
Description:
Acts of the General Assembly of the state of Georgia
Metadata URL:
http://dlg.galileo.usg.edu/id:dlg_zlgl_294876715
Digital Object URL:
https://dlg.usg.edu/record/dlg_zlgl_294876715#text
Language:
eng
Holding Institution:
University of Georgia. Map and Government Information Library
Rights:
Rights Statement information


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