Acts and resolutions of the General Assembly of the state of Georgia 1969 [volume 1]

Acts of the General Assembly of the State of Georgia Georgia Law, Georgia Georgia. Acts and resolutions of the General Assembly of the State of Georgia 19690000 English

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ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1969 19690000 Compiled and Published by Authority of the State

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Compiler's Note To speed publication, the Acts and Resolutions of the 1969 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 1380. The proposed amendments to the Constitution were grouped together beginning at page 1149 of Volume One and are followed by a complete index beginning at page 1157. 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 1968, are printed in Volume Two beginning on page 4159. There are no intervening pages between 1380 and 2000. The index, which is published in full in each volume, covers material included in both volumes. It is in two parts: a broad tabular index which attempts to supply some of the advantages which might have been gained from a more detailed classification, which speed of publication made impossible. This is followed by a regular alphabetical index.

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ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1969 LAND COVEYANCE TO REGENTS OF THE UNIVERSITY SYSTEM OF GEORGIA. No. 1 (House Resolution No. 24-37). A Resolution. Authorizing the conveyance of two tracts of real property, with improvements thereon, located in the City of Milledgeville, Baldwin County, Georgia; and for other purposes. Whereas, the State of Georgia is the owner of record of a tract of land containing approximately two acres, in the City of Milledgeville, Baldwin County, Georgia, known as the Executive Mansion Site, and upon which certain improvements have been erected and which are

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presently being used as a part of the educational facilities and campus grounds of the Georgia College at Milledgeville, said tract of land being more more particularly described as follows: All of that certain parcel or tract of land, together with the old Executive Mansion, and all other permanent improvements located thereon and connected therewith, situate, lying and being within the corporate limits of the City of Milledgeville, Georgia, 320th Militia District, Baldwin County, Georgia, containing two acres, more or less, and being permanently bounded as follows: On the north by the southerly right-of-way line of Hancock Street in said city; on the east by lands of the University System of Georgia, and by lands of the Cline estate; on the south by the northern right-of-way line of the Greene Street in said city; and on the west by the eastern right-of-way line of Clark Street in said city. The above referred land is further identified as being the site of the old Executive Mansion of the State of Georgia, and including all of Lots Nos. 3 and 4 in Square No. 61, according to Dr. Mitchell's official map and plan of the City of Milledgeville, Georgia. Whereas, the State of Georgia is also the owner of record of a tract of land containing approximately twenty acres, in the City of Milledgeville, Baldwin County, Georgia, known as Penitentiary Square and upon which certain improvements have been erected and which are presently being used as a part of the educational facilities and campus grounds of the Georgia College at Milledgeville, said tract of land being more particularly described as follows: All of that certain parcel or tract of land, together with all permanent buildings and improvements located thereon and connected therewith, situate, lying, and being within the corporate limits of the City of Milledgeville, 320th Militia District, Baldwin County, Georgia,

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containing 19 acres more or less, and comprising the main campus of the Georgia College at Milledgeville, and being generally described and bounded as follows: On the north by the southerly right-of-way line of Montgomery Street in said city; on the east by the westerly right-of-way line of Wilkinson Street in said city; and by lands of Baldwin County, Georgia, on which is located the Baldwin County Courthouse; on the south by lands of Baldwin County, Georgia, being the same lands on which is located the Baldwin County Courthouse above identified, and by the northern right-of-way line of Hancock Street in said city; and, on the west by the easterly right-of-way line of Clark Street in said city. Said land is further identified as being all of what was formerly known and referred to as Penitentiary Square, originally containing 20 acres, more or less, and except for one acre, more or less, in the extreme southeast corner of said square on which said Baldwin County Courthouse is located. The above referred to square and streets surrounding same are more fully set out and shown on the official plan of the City of Milledgeville, Georgia, known and referred to as Dr. Mitchell's map and plan of said city. Whereas, both tracts of land described herein above were previously set apart and appropriated for the purposes and benefits of the Georgia College at Milledgeville by an Act of the General Assembly of Georgia within Georgia Laws 1888-89, p......, [sic] House Bill No. 590, Section V., but said Act did not vest the title to the property in the Georgia College at Milledgeville or the Regents of the University System of Georgia; and Whereas, the future development and expansion of Georgia College at Milledgeville is dependent upon the continued use of the said lands for educational purposes, and, Whereas, the Regents of the University System of Georgia do not now have fee simple title to said lands,

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the same being vested solely in the State of Georgia, and Whereas, the Georgia College at Milledgeville, a Unit of the University System of Georgia, has been seriously impeded in its development and progress by reason of its inability to expand its educational buildings and facilities, and because of the absence of fee simple title to said lands, and Whereas, it is necessary to convey fee simple title of portions of these lands to the Georgia Education Authority (University) for the purpose of promoting the construction of vitally needed educational buildings and facilities, and Whereas, the Georgia College at Milledgeville desires to expand its facilities by reason of its change of status from that of a college for women to a coeducational college, and by reason of a major growth in the number of students seeking admission to the college, and Whereas, it is the finding of the General Assembly of Georgia that the tracts of land described hereinabove should be conveyed to the Regents of the University System of Georgia for the use and benefit of the Georgia College at Milledgeville so as to enable said college to expand its physical facilities as may be required. Now therefore, be it resolved by the General Assembly of Georgia, that the Governor, acting for and on behalf of the State of Georgia, be and he is hereby authorized and respectfully directed to convey to the Regents of the University System of Georgia, the above described tracts of land for and in consideration of the sum of one dollar ($1.00) and the benefits flowing to the State of Georgia by virtue of the expansion of the educational facilities at this state-owned institution of higher learning, and Be it further resolved, that the Governor, acting for and on behalf of the State of Georgia, be and he is

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further authorized and empowered to execute and deliver such deeds or other written instruments as may be necessary or desirable to carry out the provisions of this resolution and to vest the record title to said tracts of land herein described in the Regents of the University System of Georgia. Approved January 24, 1969. EFFECTIVE DATES OF ACTS AND RESOLUTIONS OF GENERAL ASSEMBLY. No. 1 (House Bill No. 3). An Act to amend an Act providing the dates on which laws shall become effective, approved April 10, 1968 (Ga. L. 1968, p. 1364), so as to provide that said Act shall not apply to local legislation nor to resolutions intended to have the effect of law; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing the dates on which laws shall become effective, approved April 10, 1968 (Ga. L. 1968, p. 1364), is hereby amended by adding at the end of section 1 the following: The provisions of this section shall not apply to local legislation nor to resolutions intended to have the effect of law, so that when so amended section 1 shall read as follows: Section 1. Unless a different effective date is specified in an Act, any Act approved by the Governor or becoming law without his approval on or after the first day of January and prior to the first day of July of a calendar year, shall become effective on said first day of July, and any Act approved by the Governor or becoming law without

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out his approval on or after the first day of July and prior to the first day of January of the immediately succeeding calendar year, shall become effective on said first day of January. The provisions of this section shall not apply to local legislation nor to resolutions intended to have the effect of law. Section 2. This Act shall become effective upon its approval by the Governor or its becoming law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved January 24, 1969. LOOKOUT MOUNTAIN JUDICIAL CIRCUITTERMS. No. 2 (Senate Bill No. 2). 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 change the terms of court and grand juries for the courts of the Lookout Mountain Judicial Circuit; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Lookout Judicial Circuit (now Lookout Mountain Judicial Circuit), approved January 26, 1950 (Ga. L. 1950, p. 23), as amended, is hereby amended by striking section 2 in its entirety and inserting in lieu thereof a new section to read as follows: Section 2. The terms of court for said counties shall be held as follows: Chattooga County: First Mondays in February and August.

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Catoosa County: First Monday in March and second Monday in September. Dade County: First Monday in April and second Monday in October. Walker County: First Mondays in May and November. Each of the above terms shall continue until the day of commencement of the next succeeding term. The grand jury for each of said counties shall convene on the days provided above. Section 2. This Act shall become effective when approved by the Governor or when it otherwise may become law. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved January 24, 1969. PUBLIC LEGAL HOLIDAYSTIME OF OBSERVING. No. 3 (Senate Bill No. 17). An Act to amend an Act designating public and legal holidays in the State of Georgia, approved February 16, 1943 (Ga. L. 1943, p. 331), as amended, so as to change the time for observing certain holidays; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to amend an Act designating public and legal holidays in the State of Georgia, approved February 16, 1943 (Ga. L. 1943, p. 331), as amended, is hereby amended by striking section 1 in its entirety and inserting in lieu thereof a new section 1 to read as follows: Section 1. (a) The following days are declared to be public and legal holidays in Georgia: The 1st day of January,

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known as New Year's Day; the 19th day of January known as Lee's Birthday; the 22nd day of February known as Washington's Birthday; the 26th day of April known as Confederate Memorial Day; the 30th day of May known as National Memorial Day; the 3rd day of June known as Jefferson Davis' Birthday; the 4th day of July known as Independence Day; the 1st Monday in September known as Labor Day; the 12th day of October known as Columbus Day; the 11th day of November known as Veterans' Day; the 4th Thursday in November known as Thanksgiving Day; and the 25th day of December known as Christmas Day, and any day proclaimed or designated by the Governor of the State of Georgia or the President of the United States as a day of fasting and prayer or other religious observance are hereby declared public and legal holidays in the State of Georgia. Whenever a public or legal holiday occurs on a Sunday, the following Monday shall be observed as a public and legal holiday. (b) Beginning with the calendar year 1971, George Washington's Birthday shall be observed on the 3rd Monday in February; National Memorial Day shall be observed on the last Monday in May; Columbus Day shall be observed on the 2nd Monday in October; and Veterans' Day shall be observed on the 4th Monday in October. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved January 28, 1969. MACON JUDICIAL CIRCUITCOMPENSATION OF JUDGES. No. 4 (House Bill No. 67). An Act to provide that the salary of each of the judges of the superior courts of the Macon Judicial Circuit shall be supplemented by payments to be made from the treasuries of Bibb, Houston, Peach and Crawford Counties,

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Georgia; to fix the amount of such supplemental salaries; to provide the method and manner in which the same is to be paid; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same; Section 1. That the salary of each judge of the superior courts of the Macon Judicial Circuit shall on and after the date this Act becomes effective be supplemented by payments out of the treasuries of Bibb County, Houston County, Peach County and Crawford County in the following amounts per annum: Out of the treasury of Bibb County the salary of each of said judges shall be supplemented in the amount of five thousand ($ 5,000.00) dollars; Out of the treasury of Houston County the salary of each of said judges shall be supplemented in the amount of one thousand, two hundred ($ 1,200.00) dollars; Out of the treasury of Peach County the salary of each of said judges shall be supplemented in the amount of five hundred ($500.00) dollars; Out of the treasury of Crawford County the salary of each of said judges shall be supplemented in the amount of three hundred ($ 300.00) dollars. Said supplemental payments as herein provided for shall be made monthly by the respective boards of county commissioners of roads and revenues or other authorities having control of expenditures of county funds of the said respective counties. Section 2. That if any section or portion of this Act be declared unconstitutional the remaining sections or portions hereof shall not be affected thereby and the remaining provisions of the Act shall not be invalidated but shall remain in full force and effect.

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Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 4. Notice of an intention to apply for the passage of this local bill has been published in the newspaper in which sheriff's advertisements for Bibb County, Houston County and Crawford County are published, namely, The Macon Telegraph News, The Houston Home Journal, The Leader-Tribune and the Georgia Post, respectively, once a week for three weeks during a period of sixty days immediately preceding its introduction in the General Assembly. Attached hereto and made a part of this bill is a copy of said notices, accompanied by the affidavits of the members of the General Assembly from the respective counties, giving such notice and to the effect that said notice has been published as provided by law. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Crawford County. Notice is hereby given of the application to the General Assembly of Georgia, 1969 Session, for the passage of a bill, entitled to wit: An Act to provide that the salary of each of the judges of the superior courts of the Macon Judicial Circuit shall be supplemented by payments to be made from the treasuries of Bibb, Houston, Peach and Crawford Counties, Georgia; to fix the amount of such supplemental salaries; to provide the method and manner in which the same is to be paid; and for other purposes; Carr G. Dodson Representative, 82nd District, Bibb County, Georgia

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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Daniel K. Grahl 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 Georgia Post which is the official organ of Crawford County, on the following dates: December 12, 19 and 26, 1968. /s/ Daniel K. Grahl Representative, 40th District Sworn to and subscribed before me, this 14th day of January, 1969. /s/ Pamela A. Little, Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1971. (Seal). Notice is hereby given of the application to the General Assembly of Georgia, 1969 Session, for the passage of a bill, entitled to wit: An Act to provide that the salary of each of the judges of the superior courts of the Macon Judicial Circuit shall be supplemented by payments to be made from the treasuries of Bibb, Houston, Peach and Crawford Counties, Georgia; to fix the amount of such supplemental salaries; to provide the method and manner in which the same is to be paid; and for other purposes; Carr G. Dodson Representative, 82nd District Bibb County, Georgia

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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Daniel K. Grahl 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 Leader-Tribune which is the official organ of Peach County, on the following dates: December 19, 26, 1968 and January 2, 1969. /s/ Daniel K. Grahl Representative, 40th District Sworn to and subscribed before me, this 14th day of January, 1969. /s/ Pamela A. Little, Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1971. (Seal). Georgia, Bibb County. Notice is hereby given of the application to the General Assembly of Georgia, 1969 Session, for the passage of a bill, entitled to wit: An Act to provide that the salary of each of the judges of the superior courts of the Macon Judicial Circuit shall be supplemented by payments to be made from the treasuries of Bibb, Houston, Peach and Crawford Counties, Georgia; to fix the amount of such supplemental salaries; to provide the method and manner in which the same is to be paid; and for other purposes; Carr G. Dodson Representative, 82nd District Bibb County, Georgia

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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Carr G. Dodson who, on oath, deposes and says that he is Representative from the 82nd District, and that the attached copy of notice of intention to introduce local legislation was published in the Macon Telegraph News which is the official organ of Bibb County, on the following dates: December 13, 20, 27, 1968. /s/ Carr G. Dodson Representative, 82nd District Sworn to and subscribed before me, this 14th day of January, 1969. /s/ Pamela A. Little, Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1971. (Seal). Georgia, Houston County. Notice is hereby given of the application to the General Assembly of Georgia, 1969 Session, for the passage of a bill, entitled to wit: An Act to provide that the salary of each of the judges of the superior courts of the Macon Judicial Circuit shall be supplemented by payments to be made from the treasuries of Bibb, Houston, Peach and Crawford Counties, Georgia; to fix the amount of such supplemental salaries; to provide the method and manner in which the same is to be paid; and for other purposes. Carr G. Dodson, Representative, 82nd District, Bibb County, Georgia.

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Georgia, Houston County. Personally appeared before me this date, Cooper Etheridge, publisher of The Houston Home Journal, Perry, Ga., the official organ of Houston County, Georgia, who certifies that the legal notice, notice to introduce local legislation, to provide for supplementing salaries of the judges of Macon Judicial Circuit, was published in The Houston Home Journal on the following dates: Dec. 12, 19 and 26, 1968. This 8th day of January, 1969. /s/ Cooper Etheridge, Publisher, Houston Home Journal, Perry, Georgia Sworn to and subscribed before me, this 8 day of January, 1969. /s/ Janice E. Colwell, Notary Public, Houston County. My Commission expires March 7, 1972. (Seal). Approved January 31, 1969. WESTERN JUDICIAL CIRCUITEXPENSES OF DISTRICT ATTORNEY. No. 10 (House Bill No. 38). An Act to provide an expense allowance for operation of the office of district attorney of the Western Circuit; to provide the amount which shall be paid by each county within said judicial circuit; to authorize and require the governing authorities of each of said counties to make provisions for said expense allowance and other expenses; to provide for investigators; to repeal specific laws; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1. The district attorney for the Western Judicial Circuit shall be paid an expense allowance of $9,300.00 per annum for operation of his office, said allowance to be used and spent by said district attorney in such amounts and manner he deems best for the efficient operation of his office. Such allowance shall be in addition to any fees now or in the future authorized by law, or salary or allowance provided now or in the future by the State of Georgia, and shall be paid in the following manner: Walton and Clarke Counties shall pay $337.50 each on the first day of each month. Oconee County shall pay $100.00 on the first day of each month. The expense allowance provided for herein shall be used to pay all expenses of said district attorney which involve the following: Secretarial salary, F. I. C. A. tax paid by the district attorney for said secretary, insurance on law books, law books, dues to Georgia and National Associations for District Attorneys, retirement fund dues and automobile expenses. Section 2. It is hereby made the duty of the governing authorities of each of said counties to cause the amount assessed against their respective county to be paid to said district attorney on the first day of each month out of the funds of said counties, and upon regular county warrants issued therefor. The governing authorities of each of said counties shall make provision annually, when levying taxes for expenses of the counties, for the levying and collection of sufficient taxes to pay the portion of said expense allowance chargeable against their respective county, and, in addition, sufficient funds to furnish to the district attorney free of charge all other expenses connected with the operation of the district attorney's office (except those expenses itemized in section 1 of this Act). Each county may also provide for an investigator, in which case the county shall pay the salary and expenses of such investigator.

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Section 3. An Act approved Auugst 19, 1918, relating to the salary of the solicitor general of the Western Judicial Circuit (Ga. L. 1918, p. 394), as amended by an Act approved March 13, 1957 (Ga. L. 1957, p. 505), and an Act approved April 6, 1961 (Ga. L. 1961, p. 424), is hereby repealed in its entirety. An Act approved February 5, 1951 (Ga. L. 1951, p. 43), relating to the salary of the solicitor general of the Western Judicial Circuit, is hereby repealed in its entirety. Prior acts repealed. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Walton County. Personally appeared before the undersigned attesting officer, an officer duly qualified to administer an oath, Sanders Camp, who being duly sworn on oath says that he is publisher of The Walton Tribune, a newspaper having general circulation and whose principal place of business is in said county, and that the attached notice of intention to introduce local legislation was published in The Walton Tribune which is the official organ of said county on the following dates: December 18th, 1968; December 25th, 1968, and January 1st, 1969. /s/ Sanders Camp Publisher, The Walton Tribune Sworn to and subscribed before me, this 6th day of January, 1969. /s/ Jeanette S. Scott, Notary Public, Walton County, Ga. Notice is hereby given that there will be introduced in the 1969 Session of the General Assembly, a bill to provide for expenses of the operation of the office of district attorney of the Western Judicial Circuit; to repeal conflicting laws; and for other purposes.

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This 16th day of December, 1968. James W. Paris Representative-Elect, 14th District Marvin W. Sorrells Representative-Elect, 24th District Chappelle Matthews Representative-Elect, 16th District Leon Farmer, Jr. Representative-Elect, 16th District Paul C. Broun Senator, 46th District Brooks Pennington Senator, 45th District Georgia, Clarke County. Personally appeared before the undersigned attesting officer, an officer duly qualified to administer an oath, N. S. Hayden, who being duly sworn on oath says that he is publisher of The Daily News, a newspaper having general circulation and whose principal place of business is in said county, and that the attached notice of intention to introduce local legislation was published in The Daily News, which is the official organ of Clarke County, on the following dates: December 20th, 1968; December 27, 1968 and January 3rd, 1969. /s/ N. S. Hayden Publisher, The Daily News Sworn to and subscribed before me, this 9th day of January, 1969. /s/ Loretta Jenkins, Notary Public, Clarke County, Ga.

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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced in the 1969 Session of the General Assembly, a bill to provide for expenses of the operation of the office of district attorney of the Western Judicial Circuit; to repeal conflicting laws; and for other purposes. This 16th day of December, 1968. James W. Paris Representative-Elect, 14th District Marvin W. Sorrells Representative-Elect, 24th District Chappelle Matthews Representative-Elect, 16th District Leon Farmer, Jr. Representative-Elect, 16th District Paul C. Broun Senator, 45th District Brooks Pennington Senator, 35th District Georgia, Oconee County. Personally appeared before the undersigned attesting officer, an officer duly qualified to administer an oath, Sanders Camp, who being duly sworn on oath says that he is publisher of The Oconee Enterprise, a newspaper having general circulation and whose principal place of business is in said county, and that the attached notice of intention to introduce local legislation was published in The Oconee Enterprise which is the official organ of said county on the following dates: December 18th, 1968; December 25th, 1968; and January 1st, 1969. /s/ Sanders Camp Publisher, The Oconee Enterprise

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Sworn to and subscribed before me, this 6th day of January, 1969. /s/ Jeanette S. Scott, Notary Public, Walton County, Ga. Notice is hereby given that there will be introduced in the 1969 Session of the General Assembly, a bill to provide for expenses of the operation of the office of district attorney of the Western Judicial Circuit; to repeal conflicting laws; and for other purposes. This 16th day of December, 1968. James W. Paris Representative-Elect 14th District Marvin W. Sorrells Representative-Elect, 24th District Chappelle Matthews Representative-Elect 16th District Leon Farmer, Jr. Representative-Elect 16th District Paul C. Broun Senator 45th District Brooks Pennington Senator 35th District Approved February 14, 1969.

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GROUP LIFE INSURANCEDEPENDENT COVERAGE. Code 56-2703 Amended. No. 16 (House Bill No. 17). An Act to amend Code section 56-2703, relating to life insurance coverage for dependents under group policies, so as to permit employees or members insured for group life insurance to be covered against loss due to the death of their dependent children in addition to their minor children as now provided; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 56-2703, relating to life insurance coverage for dependents under group policies, is hereby amended by inserting in the first paragraph of said Code section between the words and and minor the words dependent or, so that when so amended, said paragraph shall read as follows: 56-2703. Dependent coverage. Any policy issued pursuant to sections 56-2701 (1), 56-2701 (4) may be extended to insure the employees or members against loss due to the death of their spouses and dependent or minor children, or any class or classes thereof, subject to the following requirements. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 25, 1969.

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INSURANCEINVESTMENTS BY INSURERS. Code 56-1027 Amended. No. 17 (House Bill No. 18). An Act to amend Code section 56-1027, relating to special consent investments which may be made by insurers, so as to authorize such investments notwithstanding the prohibition contained in section 56-1028; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 56-1027, relating to special investments which may be made by insurers, is hereby amended by inserting between the words investments and as the words notwithstanding any prohibition contained in section 56-1028, so that when so amended said Code section shall read as follows: 56-1027. Special consent investments. After satisfying requirements of this Chapter, any funds of any domestic insurer in excess of its reserve and capital (if a stock insurer), or surplus (if a mutual or reciprocal insurer), required to be maintained, may be invested without limitation in any investments otherwise authorized by this Title, and, in addition, in such other investments, notwithstanding any prohibition contained in section 56-1028, as may be approved by the Commissioner; provided, however, that approval of the Commissioner is not required except to the extent such investments constitute more than five per cent of the total assets of an insurer. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 25, 1969.

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THE GEORGIA GIFT TO MINORS ACT AMENDED. No. 18 (House Bill No. 19). An Act to amend an Act relating to gifts of securities to minors, approved March 9, 1955 (Ga. L. 1955, p. 592), as amended by an Act approved February 26, 1957 (Ga. L. 1957, p. 98), and an Act approved March 7, 1960 (Ga. L. 1960, p. 232), so as to provide for a short title; to provide the gift of life insurance policies and annuity contracts to minors; to define certain terms; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act relating to gifts of securities to minors, approved March 9, 1955 (Ga. L. 1955, p. 592), as amended by an Act approved February 26, 1957 (Ga. L. 1957, p. 98), and an Act approved March 7, 1960 (Ga. L. 1960, p. 232), is hereby amended by inserting between section 1 and 2 a new section to be numbered section 1A and to read as follows: Section 1A. This Act shall be known and may be cited as `The Georgia Gift to Minors Act'. Short title. Section 2. Said Act is further amended by striking section 1 in its entirety and inserting in lieu thereof a new renumbered section 1 to read as follows: Section 1. Any adult person may make a gift of securities, life insurance policies, annuity contracts, or money to a person who has not attained the age of 21 years on the date of the gift (hereinafter referred to as the `minor') in the following manner: Gifts to minors.

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(b) Securities, if in bearer form, shall be delivered by the donor to any adult member of the minor's family, other than the donor, or to any gaurdian of the minor, accompanied by a deed of gift duly acknowledged in substantially the following form, signed by the donor and the person designated therein as custodian: Securities in bearer form.

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Section 3. Said Act is further amended by striking the word securities from section 2 and inserting in lieu thereof custodial property, so that section 2 when so amended shall read as follows: Section 2. A gift made in the manner prescribed in section 1 of this Act shall be irrevocable and shall convey to the minor indefeasibly vested legal title to the custodial property thus delivered, but no guardian of the person or property of the minor shall have any rights, duties or authority with respect to any property held at any time by the custodian under the authority of this Act, unless said guardian shall himself be or become custodian in accordance herewith. Intent. Section 4. Said Act is further amended by striking section 3 in its entirety and inserting in lieu thereof a new section 3 to read as follows: Section 3(a). The custodian shall hold, manage, invest and reinvest the property held by him as custodian, including any unexpended income therefrom, as hereinafter provided. He shall collect the income therefrom and apply so much or the whole thereof and so much or the whole of

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the other property held by him as custodian as he may deem advisable for the support, maintenance, education and general use and benefit of the minor, in such manner, at such time or times, and to such extent as the custodian in his absolute discretion may deem suitable and proper, without court order, without regard to the duty of any person to support the minor and without regard to any other funds which may be applicable or available for the purpose. To the extent that property held by the custodian and the income thereof is not so expended, it shall be delivered or paid over to the minor upon the minor's attaining the age of twenty-one (21) years, and in the event that the minor dies before attaining the age of twenty-one (21) years it shall thereupon be delivered or paid over to the estate of the minor. Duties of the custodian. (b) The custodian may sell, exchange, convert, surrender, or otherwise dispose of any and all of the custodial property or other property held by him in such manner and at such time or times, for such prices and upon such terms as he may deem advisable; he shall have the power in his sole and absolute discretion to retain any and all custodial property delivered to him within the meaning and under the authority of this section without reference to the statutes relating to permissible investments by fiduciaries; he shall invest and reinvest the custodial property as would prudent men of discretion and intelligence who are seeking a reasonable income and the preservation of their capital without reference to the statutes relating to permissible investments by fiduciaries or hold part or all of the same in one or more bank accounts in his name as such custodian; he may vote in person or by general or limited proxy with respect to any custodial property held by him; he may consent directly or through a committee or other agent to the reorganization, consolidation, dissolution or liquidation of any corporations, the custodial property of which may be held by him or to the sale, lease, pledge or mortgage of any property by or to any such corporation. (c) In addition to the foregoing rights, powers and duties with respect to any securities or other property held

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by the custodian, the custodian, in his name as such custodian, shall have all the powers of management which a guardian of the property of the minor would have. (e) If the subject of this gift is life insurance policy(ies) or annuity contract(s), the custodian: (1) in his capacity as custodian, has all the incidents of ownership in the policy or contract to the same extent as if he were the owner, except that the designated beneficiary of any policy or contract on the life of the minor shall be the minor's estate and the designated beneficiary of any policy or contract on the life of a person other than the minor shall be the custodian as custodian for the minor for whom he is acting; and

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(2) may pay premiums on the policy or contract out of the custodial property. Section 5. Said Act is further amended by striking section 6 in its entirety and inserting in lieu thereof a new section 6 to read as follows: Section 6. A custodian may resign by (a) executing and duly acknowledging an instrument of resignation designating a successor custodian who is an adult member of the minor's family or a guardian of the minor, (b) delivering such instrument to the successor custodian, (c) causing all custodial property, where necessary, to be registered in the name of the successor custodian as such, and (d) delivering to the successor custodian all custodial property held by him as custodian. In the alternative, the custodian may petition the court of ordinary for permission to resign and for the appointment of a successor custodian. Resignation of custodian. Section 6. Said Act is further amended by striking section 11 in its entirety and inserting in lieu thereof a new section 11 to read as follows: Section 11. (a) Custodial property includes: (1) All securities, life insurance policies, annuity contracts and money under the supervision of the same custodian for the minor as a consequence of a gift or gifts made to the minor in a manner prescribed in this Act; Definitions. (2) The income from the custodial property; and (3) The proceeds, immediate and remote, from the sale, exchange, conversion, investment, reinvestment, surrender or other disposition of such securities, money, life insurance policies, annuity contracts, and income. (b) An adult is a person who has attained the age of 21 years. (c) A security is in `registered form' when its terms specify a person entitled to the security or to the rights

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it evidences and specify that its transfer may be registered upon books maintained for that purpose by or on behalf of an issuer. (d) A security is in `bearer form' when it runs to bearer according to its terms and not by reason of any endorsement. (e) The term `member of the minor's family' as used in this Act means the minor's parents, grandparents, brothers, sisters, uncles, and aunts, whether of the whole blood or the half blood, or by or through legal adoption. (f) The term `legal representative' as used in this Act means, as may be appropriate in the circumstances, the executor, administrator, general guardian, or committee (conservator) of the property of the person to whose legal representative reference is made. (g) The term `security' as used in this Act means any note, stock, bond, debenture, evidence of indebtedness, collateral trust certificate, transferable share, voting trust certificate, certificate of deposit for a security, or, in general, any interest or instrument commonly known as a security, or any certificate of interest or participation in, temporary or interim certificate for, or warrant or right to subscribe to or purchase, any of the foregoing. Said term shall include any share, share account, on savings account in a Federal Savings and Loan Association or in a State-Chartered Building and Loan Association. (h) A gift made under authority of this Act to a guardian of the minor as custodian shall be deemed to have satisfied the requirements of this Act if the person to whom the delivery has been made is either guardian of the person or guardian of the property of the minor, duly appointed in the State of Georgia, or in the State, Territory or Country where the minor was domiciled at the time of the delivery of the gift. (i) A `life insurance policy' or `annuity contract' means a life insurance policy or annuity contract issued by an insurance

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company authorized to do business in this state on the life of a minor to whom a gift of the policy or contract is made in the manner prescribed in this Act or on the life of a member of the minor's family. (j) A `trust company' is a bank, corporation or other legal entity authorized by law to exercise trust powers in this State. (k) A `bank' is any bank, trust company, national banking association or industrial bank. (l) A `broker' is a person lawfully engaged in the business of effecting transactions in securities for the account of others. The term includes a bank which effects such transactions. The term also includes a person lawfully engaged in buying and selling securities for his own account, through a broker or otherwise, as a part of a regular business. Section 7. Said Act is further amended by striking section 12 in its entirety and inserting in lieu thereof a new section 12 to read as follows: Section 12. This Act shall not be construed as providing an exclusive method for making gifts to minors. Intent. Section 8. Said Act is further amended by striking the words of securities from section 13, so that section 13 when so amended shall read as follows: Section 13. This Act shall not be construed to apply to gifts received by a minor by bequest or inheritance, but shall apply only to inter vivos gifts. Section 9. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 25, 1969.

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GROUP LIFE INSURANCEASSIGNMENTS OF INCIDENTS OF OWNERSHIP. Code 56-2707 Enacted. No. 19 (House Bill No. 20). An Act to amend an Act known as the Georgia Insurance Code approved March 8, 1960 (Ga. L. 1960, p. 289, et seq. ), as amended, so as to confirm and clarify the right under the present law to provide for the assignment under which a person covered by a group life insurance policy may divest himself of all incidents of ownership provided by such policy, including the conversion privileges of such policy; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Georgia Insurance Code approved March 8, 1960 (Ga. L. 1960, p. 289, et seq. ), as amended, is hereby amended by adding to Chapter 56-27 a new section to be known as Code section 56-2707, to read as follows: 56-2707Assignment of incidents of ownership in group life insurance policies including conversion privileges. Nothing in this Insurance Code or in any other law, shall be construed to prohibit any person insured under a group life insurance policy from making an assignment of all or any part of his incidents of ownership under such policy, including but not limited to, the privilege to have issued to him an individual policy of life insurance pursuant and subject to the provisions of sections 56-2704 (8), 56-2704 (9) and 56-2705, and the right to name a beneficiary. Subject to the terms of the policy or agreement between the insured, the group policyholder and the insurer relating to assignment of incidents of ownership thereunder, such an assignment by an insured, made either before or after the effective date of this Act, is valid for the purpose of vesting in the assignee, in accordance with any provisions

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included therein as to the time at which it is to be effective, all of such incidents of ownership so assigned, but without prejudice to the insurer on account of any payment it may make or individual policy it may issue in accordance with sections 56-2704 (8) and 56-2704 (9) prior to receipt of notice of the assignment. Section 2. All laws or parts of laws in conflict with this Act are hereby repealed. Approved February 25, 1969. USURYMAXIMUM INTEREST ON REAL ESTATE LOANS. Code 57-101.1 Enacted. No. 20 (Senate Bill No. 121). An Act to amend Code Chapter 57-1, relating to interest and usury, as amended, so as to create and preserve opportunities for Georgians to obtain loans to buy homes by raising the legal maximum rate of interest from 8% to 9% per annum in transactions, whether originally or by renewal or extension, where the security for any loan, charge, reserve, advance of money, or forbearance to enforce collection of money, is or includes real property or an interest therein; to provide that certain loans guaranteed by the Veterans Administration, or insured by the Federal Housing Administration, may bear interest in excess of nine percent per annum; to repeal conflicting laws; to declare the legislative intent and existing law of Georgia for the method of computing interest; to provide for severability; to provide an effective date; and for other purposes. Whereas, due to economic conditions, rates of interest have recently increased substantially to the extent that many citizens are finding it difficult, if not impossible, to

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obtain loans for the purchase of homes at rates set by Georgia law; and Whereas, in the future such rates are expected to vary from time to time according to demand and loans will be harder, if not impossible, for borrowers to obtain; and Whereas, those who borrow and give as security for the loan real estate or an interest therein should be able to determine for themselves whether they are willing to pay for the use of money beyond the present limitations set by Georgia law; and Whereas, this Act is expected to promote and make possible the purchase of homes by Georgians which will be Federally guaranteed and insured, all to the benefit of this State and of its citizens. Now, therefore, be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 57-1, relating to interest and usury, as amended, is hereby amended by adding between Code sections 57-101 and 51-102 a new Code section to be numbered 57-101.1 and to read as follows: 57-101.1 (a) Notwithstanding any other provisions of this Code, Title, or any other Acts to the contrary, the maximum rate of interest of 8% per annum shall not be applicable and the legal maximum rate shall be 9% per annum in transactions where the security given for any loan, charge, reserve, advance of money, or forbearance to enforce collection of money, is or includes real property or an interest therein; provided, however, that the rate of interest for a loan, the repayment of which is guaranteed by the Veterans Administration pursuant to the provisions of Public Law 85-857 (72 Stat. 1203), or insured by the Federal Housing Administration pursuant to the provisions of Sub-Chapter II of Chapter 13 of Title 12 of the United States Code Annotated, may exceed nine percent per annum. (b) For the purpose of this Title, it is declared to be the intent of the Legislature and the existing Law of Georgia

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that the rate of interest shall be computed upon the assumption that the debt will be paid according to the agreed terms and will not be paid before the end of the agreed term. Any sums of money reserved or taken for the loan or forbearance which are in the nature of and taken into account in the calculation of interest, even though paid at one time, shall be spread over the stated term of the loan for the purpose of determining the rate of interest under this Code section. Legislative intent. (c) The foregoing subsection shall apply to all loan transactions and renewals and extensions of prior loan transactions entered into after the effective date of this Code section. Effective date. (d) Nothing contained in this Code section shall be construed to amend, modify, supersede or repeal any Act, Code section, or any other law which presently allows any person, company or corporation to reserve, charge, or take for any loan or advance of money, or forbearance to enforce the collection of any sum of money, any rate of interest greater than 8% per annum, including but not limited to, the Georgia Industrial Loan Act, approved March 4, 1955 (Ga. L. 1955, p. 431), as now or hereafter amended, or an Act approved March 30, 1961 (Ga. L. 1961, p. 300), the same being codified as Georgia Code section 57-118 and relating to interest rates on loans by certain corporations; or an Act approved March 16, 1966 (Ga. L. 1966, p. 574), as now or hereafter amended relating to charges and interest on secondary security deeds; or an Act approved August 16, 1912 (Ga. L. 1912, p. 144), as amended by an Act approved March 31, 1937 (Ga. L. 1937, p. 463), relating to interest on installment loans, the same being codified as Georgia Code section 57-116 as amended. Prior laws not repealed. Section 2. If any section, provision, sentence or phrase of this Act shall be declared unconstitutional, or void for any other reason, such adjudication shall not affect the other sections and provisions hereof, but same shall be preserved, and the remainder thereof shall be left intact and valid. Severability.

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Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 26, 1969. DOUGHERTY JUDICIAL CIRCUITJUDGE'S SALARY. No. 40 (House Bill No. 105). An Act to amend an Act creating the Dougherty Judicial Circuit, approved March 22, 1964 (Ga. L. 1964, Ex. Sess., p. 7), so as to authorize the governing authority of Dougherty County to provide for a supplement to the judge's salary; 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 Dougherty Judicial Circuit, approved March 22, 1964 (Ga. L. 1964, Ex. Sess., p. 7), is hereby amended by inserting between sections 2 and 3 a new section to be numbered section 2A and to read as follows: Section 2A. The governing authority of Dougherty County is authorized to provide from county funds a supplement to the compensation of the judge received from State funds. The amount of such supplement shall be determined by the governing authority of Dougherty County, but it shall not exceed a figure which, when added to the judge's State compensation, would result in the judge receiving a total compensation, payable from both State and county funds, in excess of $25,000 per annum. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date.

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Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1969 session of the General Assembly of Georgia a bill to provide for a supplement to the salary of the judge of the superior court of the Dougherty Judicial Circuit and for other purposes. This 27th day of December, 1968. /s/ George D. Busbee Colquitt H. Odom R. S. Hutchinson Billy Lee Representatives District 61 A. W. Holloway Senator, District 12 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, George D. Busbee who, on oath, deposes and says that he is Representative from the 61st District, and that the attached copy of notice of intention to introduce local legislation was published in the Albany Herald which is the official organ of Dougherty County, on the following dates: December 28, 1968 and January 4, 11, 1969. /s/ George D. Busbee Representative, 61st District Sworn to and subscribed before me this 17th day of January, 1969.

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/s/ Pamela A. Little, Notary Public, Georgia State at Large. My Commission Expires Jan. 9, 1971. (Seal). Approved February 27, 1969. GEORGIA POST MORTEM EXAMINATION ACT AMENDED. No. 53 (House Bill No. 2). An Act to amend an Act known as the Georgia Post Mortem Examination Act, approved March 11, 1953 Ga. L. 1953, Jan.-Feb. Sess., p. 602), as amended by an Act approved March 17, 1960 (Ga. L. 1960, p. 1009), and an Act approved April 5, 1961 (Ga. L. 1961, p. 437), so as to change the fees to be paid to the medical examiner for performing dissection of the body, partial post mortem examination and autopsy, and complete post mortem examination and autopsy; 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 Post Mortem Examination Act, approved March 11, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 602) as amended by an Act approved March 17, 1960 (Ga. L. 1960, p. 1009), and an Act approved April 5, 1961 (Ga. L. 1961, p. 437), is hereby amended by striking from paragraph (5) of section 3, the figures $15.00, $50.00 and $75.00, and substituting in lieu thereof the figures $25.00, `$75.00 and $100.00 respectively, so that when so amended paragraph (5) of section 3 shall read as follows: (5) For each post mortem examination so performed, in cases where dissection of the body is not required, the medical examiner shall receive a fee of $25.00; and in cases where dissection of the body is required he shall receive

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a fee of $75.00 for a partial post mortem examination and autopsy and a fee of $100.00 for a complete post mortem examination and autopsy, the fee in each case to be paid from funds of the county in which the act was committed, or if the county in which the act was committed is unknown, the county in which the body was found. In the event the place in which the act was committed is not known but is later established, the county in which the act was comitted shall be responsible for payment of fees incurred by the medical examiner. Fees. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 28, 1969. REAL PROPERTYEASEMENTS NOT DIVESTED BY SALES UNDER CERTAIN FIERI FACIAS. No. 54 (House Bill No. 6). An Act to provide that a sale of real property under fieri facias for taxes or improvements shall not divest easements or right-of-ways created by operation of law or expressly created easements or right-of-ways of record which such land is subject at the time of the sale; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. No sale of real property under a fieri facias for any improvement assessment shall extinguish or affect any easement or right-of-way in, over, under or across said real property created by operation of law or expressly created, provided such expressly created easement or right-of-way was recorded prior to recording of the fieri facias for taxes or improvement assessment under which the real property subject to such easement or right-of-way was sold. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 28, 1969.

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WILLS AND ADMINISTRATION OF ESTATESLIMITATIONS ON DOWER RIGHTS OF WIDOW. Code 31-110 Amended. No. 55 (House Bill No. 9). An Act to amend Code section 31-110, relating to how dower may be barred, as amended by an Act approved March 31, 1937 (Ga. L. 1937, p. 450), an Act approved March 9, 1955 (Ga. L. 1955, p. 616), and an Act approved April 9, 1968 (Ga. L. 1968, p. 1227), so as to provide that dower may be barred by a failure to apply for the dower prior to a sale by an administrator or executor under authority of a court of competent jurisdiction or under power in a will; to provide that no sale within 90 days of the qualification of the administrator or executor will bar dower; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 31-110, relating to how dower may be barred, as amended by an Act approved March 31, 1937 (Ga. L. 1937, p. 450), an Act approved March 9, 1955 (Ga. L. 1955, p. 616), and an Act approved April 9, 1968 (Ga. L. 1968, p. 1227), is hereby amended by adding a new subsection to be designated as subsection (5) and which shall read as follows: (5) by failure to apply for dower prior to a sale by the administrator or executor under authority of a court of competent jurisdiction or under power in a will, provided that unless consented to by the widow, no sale within 90 days of the qualification of the administrator or executor will, of itself, bar dower. so that when so amended Code section 31-110 shall read as follows: 31-110. Dower may be barred: (1) by provisions made prior to the marriage and accepted by the wife in lieu of dower; or (2) by a provision made by deed or will, and accepted by the wife after the husband's death, expressly in lieu

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of dower, or where the intention of the husband is plain and manifest that it shall be in lieu of dower; or (3) by failure of the widow within three (3) years of the death of her husband to apply for dower; or (4) by the adultery of the wife unpardoned by the husband; or (5) by failure to apply for dower prior to a sale by the administrator or executor under authority of a court of competent jurisdiction or under power in a will, provided that unless consented to by the widow, no sale within 90 days of the qualification of the administrator or executor will, of itself, bar dower. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 28, 1969. PRACTICE AND PROCEDUREPOSTING OF CASH BONDS PERMITTED. No. 56 (House Bill No. 46). An Act to provide that any party, defendant, litigant, accused, or other person permitted or required by law to give or post bond (or bail) as surety or security for the happening of any event or act, and in all matters civil or criminal, may discharge such requirement by depositing cash in the amount of the bond so required with the appropriate person, official or other depository; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Any party, defendant, litigant, accused, or other person required or permitted by law to give or post bond (or bail) as surety or security for the happening of

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any event or act, and in all matters civil or criminal, may discharge such requirement by depositing cash in the amount of the bond so required with the appropriate person, official or other depository. Section 2. Any official or other person receiving any such bond shall give a receipt therefor and shall cause the fact of the receipt to be entered and recorded on the docket of the case in which it was given. If bond is given in a matter not appearing as a separate court case on a docket, a docket shall be prepared, maintained and kept of all such transactions and the name and address of the person giving or making the said bond, the date of the receipt of the said bond, the name of the person receiving the bond, the amount of the bond, and a description of the cause for giving the bond together with any and all other information desirable concerning the said bond shall be a part of the record in that separate docket. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 28, 1969. SUPPLEMENTARY APPROPRIATIONS ACT. No. 57 (House Bill No. 76). An Act to provide supplementary appropriations for the remainder of the fiscal year ending June 30, 1969, in addition to any other appropriations heretofore or hereafter made for the operation of the agencies of the State provided for herein and the purposes provided for herein; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: that the sums of money hereinafter provided are hereby appropriated as supplementary appropriations for the remainder

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of the fiscal year ending June 30, 1969, in addition to any other appropriations heretofore or hereafter made for the operation of the agencies of the State provided for herein and the purposes provided for herein. Section 1. Legislative Branch 1968-69 $2,300,000.00 Provided that the following objects in the Budget Report shall be changed to read as follows: Personal Services $900,000.00 Operating Expenses $1,200,000.00 Section 2. Comptroller General 1968-69 $ 75,708.00 Section 3. Department of Industry and Trade 1968-69 $ 173,100.00 Provided that not more than $6,900.00 shall be expended for business meals and incidental expenses as provided in an amendment to Article VII, Section I, Paragraph II of the Constitution (Ga. Laws 1968, p. 1882) which was ratified at the 1968 election. Section 4. Secretary of StateCombined Divisions 1968-69 $ 42,250.00 Section 5. Department of Agriculture 1968-69 $1,000,000.00 Provided that the following object in the Budget Report shall be changed to read as follows: Operating Expenses $ 35,000.00 Provided that the following objects shall be added to those contained in the Budget Report: Fire Ant Eradication $ 715,000.00 Hog Cholera Indemnities $ 150,000.00

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Section 6. Department of Mines, Mining and GeologySurface Mined Land Use Board 1968-69 $ 25,500.00 Section 7. North Georgia Mountains Commission 1968-69 $ 35,400.00 Section 8. State Board of Corrections 1968-69 $ 100,000.00 Section 9. State Board of EducationDepartment of Education 1968-69 $ 769,994.00 Section 10. Highway Department Capital OutlayAirport Development 1968-69 $ 446,364.00 Section 11. Governor's Emergency Fund 1968-69 $1,350,000.00

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Section 12. Game and Fish Commission 1968-69 $ 20,000.00 Provided that the above amount is appropriated to the Game and Fish Commission to be placed in operating expenses for the purpose of paying Workmen's Compensation benefits. Section 13. 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 Supplemental Budget Report submitted to the General Assembly at the regular January, 1969, session, except as otherwise specified in this Act; provided, however, the Director of the Budget is authorized to make internal transfers within a budget 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

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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. Section 14. In the event it is determined by the Budget Bureau that the total funds in the State Treasury in a fiscal year in which appropriations are made in the foregoing sections of this and the General Appropriations Act are to be less than the amount needed to pay in full the specific appropriations authorized, the Director of the Budget is authorized and is hereby directed to make a pro rata reduction of the amount of each such appropriation made, except authority lease rental funds and other constitutionally obligated funds, as provided by Georgia Code Section 40-418 (Ga. L. 1962, p. 17). The amounts of the appropriations so reduced as directed herein and as determined by the Budget Bureau shall cease to be an obligation of the State. Provided, further, the Budget Bureau is hereby directed to economize wherever possible and in the event any part of the appropriations provided in the foregoing Sections of this Act shall be in excess of the actual approved budget allotments for the fiscal year, the amounts so in excess as determined by the Budget Bureau shall cease to be an obligation of the State.

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TOTAL APPROPRIATION 1968-69 $6,338,316.00 Section 15. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 16. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 28, 1969. PIEDMONT JUDICIAL CIRCUITTERMS. No. 73 (House Bill No. 462). An Act to change the terms of the Superior Courts of the Piedmont Judicial Circuit; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The terms of the Superior Courts of the Piedmont Judicial Circuit shall commence as follows: Barrow Superior Courtthe first Mondays in February, May, August and November; Jackson Superior Courtthe first Monday in March and the second Monday in September; Banks Superior Courtthe first Mondays in April and October. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 4, 1969.

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GWINNETT JUDICIAL CIRCUITEMPLOYMENT OF INVESTIGATOR AUTHORIZED. No. 74 (House Bill No. 482). An Act to amend an Act creating the Gwinnett Judicial Circuit, approved February 12, 1960 (Ga. L. 1960, p. 110), as amended, so as to provide for an investigator for the office of the District Attorney of the Gwinnett Judicial Circuit; to provide for the powers, duties, term of office, payment of the compensation and expenses connected therewith; to repeal conflicting laws; to strike the term Solicitor General and substitute in lieu thereof the term District Attorney; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Gwinnett Judicial Circuit, approved February 12, 1960 (Ga. L. 1960, p. 110), as amended, is hereby amended by inserting between sections 2 and 3 a new section to be numbered section 2-A and to read as follows: Section 2-A (a) The District Attorney of the Gwinnett Judicial Circuit is hereby authorized to employ an investigator. The District Attorney shall fix the compensation to be received by said investigator at a figure not to exceed $7,500 per annum, which compensation shall be paid in equal monthly or semi-monthly installments from the funds of Gwinnett County. It shall be within the sole power and authority of said District Attorney during his term of office to designate and name the person who shall be employed as the investigator and to prescribe his duties and assignments and to remove or replace such investigator at will and within his sole discretion. The said investigator shall have the same power to make arrests, to execute and return all criminal warrants and processes and serve as a peace officer and perform the same duties as may be performed by a sheriff. (b) The expenses connected with the furnishing of the investigator as provided for herein shall be met out of county funds. The governing authority of Gwinnett County

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is authorized to furnish such supplies, equipment, automobiles, office space and to provide for the reimbursement of such other miscellaneous expenses as shall be required or incurred in connection with the official duties of said investigator. Section 2. Said Act is further amended by striking, wherever the same shall appear, the term Solicitor General and substituting in lieu thereof the term District Attorney. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Gwinnett County. Notice is hereby given that there will be introduced at the January, 1969 Session of the General Assembly of Georgia a bill to amend an act creating the Gwinnett Judicial Circuit, approved February 12, 1960 (Ga. L. 1960, p. 110) as amended, so as to change the designation of the office of the Solicitor General to District Attorney; to provide for an investigator for the District Attorney and for the procedures connected therewith; and for other purposes. This 31st day of December, 1968. Georgia, Gwinnett County. Personally appeared before the undersigned authority Robert D. Fowler who, being first sworn, accordingly to law, says that he is the Publisher of the Gwinnett Daily News, the official newspaper in which the sheriff's advertisements, in and for said county are published, and that the publication of which the annexed is a true copy, was published in said paper on the 3rd day of January, 1969 and once each week thereafter for a total of three consecutive weeks as provided by law. This 20th day of January, 1969. /s/ Robert D. Fowler

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Sworn to and subscribed before me, this 20 day of January, 1969. /s/ Elaine H. Cooper. Notary Public, Gwinnett County, Ga. (Seal). Approved March 4, 1969. REQUIREMENTS IN CONNECTION WITH BLASTING, ETC. NEAR UNDERGROUND GAS PIPES. No. 80 (House Bill No. 128). An Act to provide certain requirements in connection with the blasting or excavating in the vicinity of underground gas pipes and other facilities; to provide for the purpose of this Act; to provide certain definitions; to provide that persons engaged in the distribution or transmission of gas shall file maps showing the location of their service areas or underground pipes or other facilities with the clerk of the superior court of the county where the same are located; to provide for the maintenance of a file of such maps by such clerks, and the fees therefor; to provide for filing maps by municipal natural gas distribution systems; to provide that no person shall engage in blasting or in excavating with mechanized excavating equipment until such person has examined such maps and certain other conditions have occurred; to provide for such other conditions; to provide that persons planning such blasting or excavating will give certain written notices to gas companies under certain conditions; to provide for the contents of such notice and such conditions; to provide that the gas companies involved will furnish written statements in response to such notices; to provide for the contents of such statements; to provide that on certain conditions gas companies will stake or mark the location of their underground gas pipes and other facilities; to provide such conditions; to provide that persons engaged in blasting

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or excavation shall avoid damaging gas pipes or other facilities thus staked or marked; to provide that the provisions of the Act do not affect the rights of any gas company with respect to its own gas pipes or facilities nor to any work done by a gas company, its agents, servants, employees, contractors, or subcontractors with respect to its own gas pipes or other facilities; to provide that violation of the Act shall be a misdemeanor punishable as such; to provide for a severability clause; 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 purpose of this Act is to prevent injury to person and property from accidents resulting from damage to underground gas pipes and facilities caused by blasting or excavating operations, by providing a method whereby the location of underground gas pipes and facilities will be made known to persons planning to engage in blasting or excavating operations so that such persons may observe proper precautions with respect to such underground gas pipes and facilities. Legislative intent. Section 2. For the purposes of this Act, the following terms shall have the meanings designated, except when a particular context clearly requires a different meaning: (a) Person means an individual or corporation. (b) Corporation means any corporation, municipal corporation, joint-stock company, partnership, association, business trust, organized group of persons, whether incorporated or not, or receiver or receivers, trustee or trustees of any of the foregoing. Definitions. (c) Gas means any flammable gaseous matter, and shall include but not be limited to, natural gas, manufactured gas, liquified petroleum gas and any material composed predominantly of any of the following hydrocarbons or mixtures of the same: methane, propane, propylene, butane or butylene.

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(d) Distribution of Gas means the distribution or furnishing of gas through the use of underground pipes or other facilities to the ultimate consumer, and shall include but not be limited to the distribution of gas pursuant to a Certificate of Public Convenience and Necessity issued by the Georgia Public Service Commission. (e) Transmission of Gas means the transmission or transportation of gas through the use of underground pipes or other facilities and shall include but not be limited to the transportation or transmission of gas in interstate commerce pursuant to a Certificate of Public Convenience and Necessity issued by the Federal Power Commission, and the transmission or transportation of gas in intrastate commerce pursuant to a Certificate of Public Convenience and Necessity issued by the Georgia Public Service Commission. (f) Gas Company means any person engaged in the distribution of gas or in the transmission of gas, or both. (g) Service Area means a contiguous area or territory which encompasses the distribution system, or the network of pipes, lines, mains and related facilities, by means of which a gas company engages in the distribution of gas. (h) Blasting means any operation by which the level or grade of land is changed, or by which earth, rock, buildings, structures or other masses or materials are rended, torn, demolished, moved or removed, by the detonation of dynamite or any other explosive agent. (i) Excavating means any operation by which the level or grade of land is changed, and shall include, without limitation, grading, trenching, digging, ditching, drilling, augering, and scraping. (j) Mechanized Excavating Equipment means all equipment powered by any motor, engine, or hydraulic or pneumatic device, which is used for excavating, and shall include, without limitation, bulldozers, back hoes, power shovels, scrapers, drag lines, clam shells, augers and drills.

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(k) Business Days mean Monday through Friday, excluding, however, any public and legal holidays. Section 3. (a) Prior to any date subsequent to September 1, 1969, upon which any gas company shall engage in the distribution of gas or in the transmission of gas in any area or territory or at any point or points within any county in the State of Georgia, such gas company shall first file with the clerk of the superior court of such county: (1) A map or maps showing the location of all service areas within such county in which such gas company shall thus be engaged in the distribution of gas. Filing of maps, etc. (2) A map or maps showing the general route of any gas pipes or other underground facility within such county by means of which such gas company shall thus be engaged in the transmission of gas. (3) The name and address of the agent or agents of such gas company within the State of Georgia to whom written notices of the type hereinafter described shall be delivered. (b) Each gas company who shall be engaged as of September 1, 1969, in the distribution of gas or in the transmission of gas within any county in the State of Georgia, shall on or before such date file with the clerk of the superior court of such county, a map or maps as described in paragraphs (1) and (2), of subsection (a) of this section and the written designation of an agent or agents as described in paragraph (3), of subsection (a) of this section. (c) Each gas company who is required under the provisions of subsection (a) or (b) of this section to file the name and address of an agent or agents as described in paragraph (3) of subsection (a) of this section, shall thereafter from time to time make such further and additional filings, with the clerk of the superior court of such county as may be necessary to keep current the designation of such agent or agents.

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(d) Failure to comply with the terms of this Act shall be negligence per se in any tort action. (e) Municipal natural gas distribution systems shall not be required to file maps in the clerk's office, but shall maintain same in the office of the clerk of said city, or in the office of the superintendent of the gas department of said city or in the office of the utility commission of said city. Section 4. The clerk of the superior court of each county in this State shall: (a) Maintain a file for the maps and other written materials to be filed in accordance with the provisions of this Act and make the same available for public inspection. Duties of clerk. (b) Mark the date and hour of filing on all maps and other written materials filed in accordance with the provisions of this Act. (c) Charge a uniform fee for each filing of such maps or other written materials of $1.00 per page. Section 5. Subsequent to September 1, 1969, no person shall commence, perform or engage in blasting, or in excavating with mechanized excavating equipment, on any tract or parcel of land in any county in the State of Georgia unless and until each of the following conditions has occurred: (a) The person planning such blasting or excavating has examined the maps filed in accordance with the provisions of this Act to ascertain whether it reasonably appears therefrom that the tract or parcel of land upon which such blasting or excavating is to take place may be within: Duties of persons engaged in blasting. (1) The service area of a gas company engaged in the distribution of gas, or within two hundred (200) feet thereof, or (2) Two hundred (200) feet of a gas pipe or other underground facility of a gas company engaged in the transmission of gas.

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(b) If it reasonably appears from such examination that such tract or parcel of land may be within such limits, the person planning such blasting or excavating shall deliver personally, or mail by certified or registered mail, return receipt requested, a written notice to an agent of the gas company who is designated in accordance with the provisions of this Act, which shall: (1) Describe the tract or parcel of land upon which such blasting or excavation is to take place with sufficient particularity to enable the gas company to ascertain the precise tract or parcel of land involved. (2) State the name and address of the person who will engage in such blasting or excavating. (3) Describe the type of blasting or excavating to be engaged in by such person. (4) Designate the date, no earlier than five (5) days and no later than ten (10) days from the date of such notice, upon which such blasting or excavating will commence; and (c) The person planning such blasting or excavating has received from such gas company a written statement that: (1) Such tract or parcel of land is not located within the limits stated in subsection (a) of this section; or (2) Such tract or parcel of land is located within such limits and such gas company has placed stakes on, or otherwise marked, the surface of the land at intervals of not less than fifteen (15) feet to indicate the location of such of its gas pipes and other underground facilities as are located on such tract or parcel of land and within two hundred (200) feet thereof. Section 6. Each gas company shall within three (3) business days following receipt by such gas company of a written notice as described in subsection (b) of section 5 of this Act, or within such longer reasonable period as

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may be required under the circumstances, but in any event within five (5) business days: Duties of gas companies. (a) Deliver personally, or mail by certified or registered mail, return receipt requested, to the person planning such blasting or excavation, a written statement as described in subsection (c) of section 5 of this Act; and (b) If such tract or parcel of land is located within the limits stated in said subsection, accomplish the staking or marking work described therein. Section 7. Each person who shall engage in blasting, or excavating with mechanized excavating equipment, shall not strike, damage, injure, loosen or remove lateral support from or around any gas pipe or other underground facility of a gas company which has been staked or marked in accordance with the provisions of this Act, provided, however, that nothing in this Act shall be construed or applied to limit or reduce the duty of a person engaged in blasting or excavating in the vicinity of underground gas pipes or other facilities, irrespective of whether the same have been staked or marked as provided in this Act. Section 8. The provisions of this Act do not affect and are not intended to affect, any right, title, power or interest any gas company may have with relation to any such gas pipe or other facility, or to any easement, right of way, license, permit, or other interest in or with respect to the land where such gas pipe or other facility is located; nor shall the provisions of this Act apply to any work performed by a gas company, or its agents, servants, employees, contractors, or subcontractors with respect to such gas company's own gas pipes or other facilities, including without limitation, the construction, installation, extension, modification, maintenance, repair, testing, or removal of such gas pipes or facilities. Intent. Section 9. Any person who shall violate the provisions of this Act shall be guilty of a misdemeanor and, upon conviction therefor, shall be punished as for a misdemeanor. Crimes.

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Section 10. 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 provisions or application, and to this end the provisions of this Act are severable. Severability. Section 11. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 12. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 6, 1969. PIEDMONT JUDICIAL CIRCUITCOMPENSATION OF COURT REPORTER. No. 81 (House Bill No. 520). An Act to amend an Act providing a supplemental salary for the official court reporter of the Piedmont Judicial Circuit, approved April 4, 1967 (Ga. L. 1967, p. 413), so as to change said salary; to provide how said salary shall be paid; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing a supplemental salary for the official court reporter of the Piedmont Judicial Circuit, approved April 4, 1967 (Ga. L. 1967, p. 413), 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. In addition to all other compensation presently being received by the official court reporter of the Piedmont Judicial Circuit, said reporter shall receive an annual supplementary salary of $8,000.00. Barrow County

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shall pay $3,281.60 per annum, Banks County shall pay $1,758.40 per annum, and Jackson County shall pay $2,960.00 per annum. Said sums shall be paid to the reporter in equal monthly installments, and the governing authority of each of the above counties shall make provisions for the payment of that county's portion to the reporter each month. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice is hereby given that the undersigned will request the State Senators of the 47th and 48th Senatorial Districts and the Representatives from the 12th, 14th and 15th House Districts to introduce legislation in the 1969 regular session of the General Assembly for the purpose of supplementing the salary of the court reporter of the Piedmont Judicial Circuit, to fix said amount, to prorate the amount of said supplement among the counties lying within the said judicial district, and for other purposes. This 9th day of January, 1969. Mark Dunahoo, Judge, Superior Court, Piedmont Judicial Circuit. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James W. Paris who, on oath, deposes and says that he is Representative from the 14th District and that he is the author of the attached bill, and that the attached copy of notice of intention to introduce local legislation was published in the counties comprising the Piedmont Judicial Circuit once a week for three consecutive weeks during a 60-day period immediately preceding its introduction. /s/ James W. Paris Representative, 14th District

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Sworn to and subscribed before me, this 18 day of February, 1969. /s/ Aralee Strange Mason, Notary Public, Georgia, State at Large. My Commission Expires Dec. 22, 1972. (Seal). GEORGIA ANATOMICAL GIFT ACT. No. 82 (House Bill No. 83). An Act to authorize the gift of all or part of a human body after death for specified purposes and under certain conditions; 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. As used in this Act: (a) Bank or storage facility means a facility licensed, accredited, or approved under the laws of any state for storage of human bodies or parts thereof. (b) Decedent means a deceased individual and includes a stillborn infant or fetus. Definitions. (c) Donor means an individual who makes a gift of all or part of his body. (d) Hospital means a hospital licensed, accredited, or approved under the laws of any state; includes a hospital operated by the United States government, or state, or a subdivision thereof, although not required to be licensed under state laws. (e) Part means organs, tissues, eyes, bones, arteries, blood, other fluids and any other portions of a human body.

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(f) Person means an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. (g) Physician or surgeon means a physician or surgeon licensed or authorized to practice under the laws of any state. (h) State includes any state, district, commonwealth, territory, insular possession, and any other area subject to the legislative authority of the United States of America. Section 2. (a) Any individual of sound mind and eighteen (18) years of age or more may give all or any part of his body for any purpose specified in section 3, the gift to take effect upon death. Who may make gift. (b) Any of the following persons, in order of priority stated, when persons in prior classes are not available at the time of death, and in the absence of actual notice of contrary indications by the decedent or actual notice of opposition by a member of the same or a prior class, may give all or any part of the decedent's body for any purpose specified in Section 3: (1) the spouse, (2) an adult son or daughter, (3) either parent, (4) an adult brother or sister, (5) a guardian of the person of the decedent at the time of his death, other than a guardian ad litem appointed for such purpose. (6) any other person authorized or under obligation to dispose of the body. (c) If the donee has actual notice of contrary indications by the decedent or that a gift by a member of a class is

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opposed by a member of the same or a prior class, the donee shall not accept the gift. The persons authorized by subsection (b) may make the gift after or immediately before death. (d) A gift of all or part of a body authorizes any examination necessary to assure medical acceptability of the gift for the purposes intended. (e) The rights of the donee created by the gift are paramount to the rights of others except as provided by section 7 (d). Section 3. The following persons may become donees of gifts of bodies or parts thereof for the purposes stated: Donees. (1) any hospital, surgeon, or physician, for medical or dental education, research, advancement of medical or dental science, therapy, or transplantation; or (2) any accredited medical or dental school, college or university for education, research, advancement of medical or dental science, or therapy; or (3) any bank or storage facility, for medical or dental education, research, advancement of medical or dental science, therapy, or transplantation; or (4) any specified individual for therapy or transplantation needed by him. Section 4. (a) A gift of all or part of the body under section 2 (a) may be made by Will. The gift becomes effective upon the death of the testator without waiting for probate. If the Will is not probated, or if it is declared invalid for testamentary purposes, the gift, to the extent that it has been acted upon in good faith, is nevertheless valid and effective. Gifts made by wills. (b) A gift of all or part of the body under section 2 (a) may also be made by document other than a Will. The gift becomes effective upon the death of the donor. The document,

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which may be a card designed to be carried on the person, must be signed by the donor in the presence of two (2) witnesses who must sign the document in his presence. If the donor cannot sign, the document may be signed for him at his direction and in his presence in the presence of two (2) witnesses who must sign the document in his presence. Delivery of the document of gift during the donor's lifetime is not necessary to make the gift valid. Gifts other than by wills. (c) The gift may be made to a specified donee or without specifying a donee. If the latter, the gift may be accepted by the attending physician as donee upon or following death. If the gift is made to a specified donee who is not available at the time and place of death, the attending physician upon or following death, in the absence of any expressed indication that the donor desired otherwise, may accept the gift as donee. The physician who becomes a donee under this subsection shall not participate in the procedures for removing or transplanting a part. Donees. (d) Notwithstanding section 7 (b), the donor may designate in his Will, card, or other document of gift the surgeon or physician to carry out the appropriate procedures. In the absence of a designation or if the designee is not available, the donee or other person authorized to accept the gift may employ or authorize any surgeon or physician for the purpose. Physician may be designated. (e) Any gift by a person designated in section 2 (b) shall be made by a document signed by him or made by his telegraphic, recorded telephonic, or other recorded message. Deposit of documents, etc. Section 5. If the gift is made by the donor to a specified donee, the Will, card, or other document, or an executed copy thereof, may be delivered to the donee to expedite the appropriate procedures immediately after death. Delivery is not necessary to the validity of the gift. The Will, card, or other document, or an executed copy thereof, may be deposited in any hospital, bank or storage facility, or registry office that accepts it for safekeeping or for facilitation of procedures after death. On request of any interested party upon or after the donor's death, the person in possession shall produce the document for examination.

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Section 6. (a) If the Will, card, or other document or executed copy thereof, has been delivered to a specified donee, the donor may amend or revoke the gift by: Revocation of gifts. (1) the execution and delivery to the donee of a signed statement, or (2) an oral statement made in the presence of two (2) persons and communicated to the donee, or (3) a statement during a terminal illness or injury addressed to an attending physician and communicated to the donee, or (4) a signed card or document found on his person or in his effects. (b) Any document of gift which has not been delivered to the donee may be revoked by the donor in the manner set out in subsection (a) or by destruction, cancellation, or mutilation of the document and all executed copies thereof. (c) Any gift made by a Will may also be amended or revoked in the manner provided for amendment or revocation of Wills or as provided in subsection (a). Section 7. (a) The donee may accept or reject the gift. If the donee accepts a gift of the entire body, he may, subject to the terms of the gift, authorize embalming and the use of the body in funeral services. If the gift is of a part of the body, the donee, upon the death of the donor and prior to embalming, shall cause the part to be removed without unnecessary mutilation. After removal of the part, custody of the remainder of the body vests in the surviving spouse, next of kin, or other persons under obligation to dispose of the body. Donee may accept or reject gift, etc. (b) The time of death shall be determined by a physician who attends the donor at his death, or, if none, the physician who certifies the death. The physician shall not participate in the procedures for removing or transplanting a part. Time of death.

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(c) A person who acts in good faith in accord with the terms of this Act is not liable for damages in any civil action or subject to prosecution in any criminal proceeding for his act. Damages. (d) The provisions of this Act are subject to the laws of this State prescribing powers and duties with respect to autopsies. Autopsies. Section 8. This Act shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it. Intent. Section 9. This Act may be cited as the Georgia Anatomical Gift Act. Short title. Section 10. All laws and parts of laws in conflict with this Act are hereby repealed. Repealer. Approved March 7, 1969. AUGUSTA JUDICIAL CIRCUITSALARY OF SECRETARY OF SENIOR JUDGE. No. 86 (House Bill No. 308). An Act to authorize and direct the governing authorities of Burke County to provide additional compensation to the secretary of the senior judge of the Augusta Judicial Circuit; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The governing authorities of Burke County shall pay to the secretary of the senior judge of the Augusta Judicial Circuit the sum of six hundred dollars ($600.00) per annum, in equal monthly installments from funds of Burke County, which money shall be in addition to the salary the said secretary receives from other sources.

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1969 Session of the General Assembly of Georgia, a bill to provide for an increase in salary of the secretary of the senior judge of the Augusta Judicial Circuit; and for other purposes. This 3 day of Jan., 1969. Preston B. Lewis Representative, 37th 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 37th 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 8, 15, 22, 1969. /s/ Preston B. Lewis Representative, 37th District Sworn to and subscribed before me, this 10th day of February, 1969. /s/ Pamela A. Little, Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved March 10, 1969.

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FLAME OF FREEDOM ON GROUNDS OF STATE CAPITOL AUTHORIZED. No. 2 (House Resolution No. 222-603). A Resolution. Authorizing the placing of a Flame of Freedom on the grounds of the State Capitol by The American Legion, Department of Georgia, in commemoration of the 50th Anniversary of The American Legion; and for other purposes. Whereas, on the night of March 15, 1969, at The American Legion National Commander's Dinner honoring the Congress of the United States, which will be at the Sheraton-Park Hotel Ballroom, Washington, D. C., before an audience of several thousand Legionnaires and honored guests, a distinguished American will throw a switch and, via closed circuit television, those in the audience will see for the first time the illumination of the Tomb of the Unknown Soldier and the Temple facade of the Memorial Amphitheater at Arlington National Cemetery; and Whereas, the illumination of the Tomb of the Unknown Soldier and the Temple facade of the Memorial Amphitheater will be The American Legion's 50th Anniversary Gift to the Nation; and Whereas, said event will give added meaning to The American Legion's Golden Anniversary for Legionnaires, their families and all Americans; and Whereas, through the years to come, millions of visitors to Arlington National Cemetery will derive even greater inspiration from their pilgrimage to this hallowed National shrine which will be made even more impressive by The American Legion's Gift to the Nation; and Whereas, the illumination of the Tomb of the Unknown Soldier will be a message to future generations

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of the ultimate cost of our heritage and a symbol of the sacrifices of millions of Americans who answered their country's call to arms to seek and to preserve for all mankind the noble concepts of individual dignity, freedom and justice, and Whereas, said Gift to the Nation has been constructed at the expense of The American Legion and The American Legion has provided a permanent maintenance fund for its perpetual care; and Whereas, in conjunction with the Gift to the Nation, many Posts, Districts and Departments of The American Legion have been authorized to place a uniform designed torch on the grounds of courthouses, city halls, state capitols and other public buildings of the United States of America; and Whereas, said torch shall be known as a Flame of Freedom and will signify the past accomplishments of The American Legion during its 50 years of existence and will emphasize the role of The American Legion in the years ahead; and Whereas, The American Legion, Department of Georgia, is desirous of obtaining permission of the State to place the aforesaid described Flame of Freedom upon the grounds of the State Capitol in conjunction with the illumination of the Tomb of the Unknown Soldier and the Temple facade of the Memorial Amphitheater at Arlington National Cemetery; and Whereas, the exposed parts of the said Flame of Freedom will be of corrosion-proof metal unaffected by wind, rain, ice or snow, being constructed of anodized gold and blue aluminum with blue porcelainized steel, being the medallion of The American Legion's 50th Anniversary thereon. Now, therefore, be it resolved by the General Assembly of Georgia that the permission of the State is hereby granted for The American Legion, Department of Georgia,

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in conjunction with the several American Legion Posts, Districts and Departments thereof to construct a suitable memorial designated as the Flame of Freedom to commemorate the 50th Anniversary of The American Legion, and the permission of the State is hereby granted for the placing of such memorial on the grounds of the State Capitol. Be it further resolved that the Secretary of State of the State of Georgia is hereby designated as an agent of the State for the purpose of supervising the construction of said memorial and selecting a suitable site on the grounds of the State Capitol of the State of Georgia where such memorial shall be placed. Be it further resolved that an Advisory Committee consisting of Honorable Culver Kidd, Senator, 25th District, Chairman of the Senate Defense and Veterans Affairs Committee, Honorable J. Crawford Ware, Representative, 30th District, Chairman of the House Defense and Veterans Affairs Committee, Honorable Carl Conradi, Department Commander, The American Legion, Department of Georgia, Honorable George W. Brown, Past Department Commander, The American Legion, Department of Georgia, and Honorable George E. Osborne, Department Adjutant, The American Legion, Department of Georgia, are hereby designated a Committee to advise and confer with the Secretary of State in carrying out the provisions of this resolution. Be it further resolved that the Secretary of State shall be authorized to accept and expend, for the purposes for which such gifts were accepted, gifts from persons and organizations desiring to participate in the construction and perpetuation of said memorial. Be it further resolved that the Secretary of State is hereby designated as the agent of the State to promulgate such rules and regulations as he may determine in order to assure that said memorial shall be perpetually preserved and to report to the General Assembly in the event the preservation of said memorial is abandoned

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to the extent that it would no longer be a fitting memorial to be a part of the landscape of the grounds of the Capitol of the State of Georgia. Be it further resolved that the Secretary of State is hereby granted such other authority as may be necessary to carry out and effectuate the purposes of this resolution. Approved March 12, 1969. LEASE OF LAND TO BALDWIN COUNTY BOARD OF EDUCATION. No. 3 (House Resolution No. 200-575). A Resolution. Transferring the control and jurisdiction over a tract of land located in Baldwin County, Georgia, to the State Properties Control Commission; and for other purposes. Whereas, there is a certain tract of land located in Baldwin County, Georgia, containing 140 acres, more or less, which is owned by the State of Georgia and is under the control and jurisdiction of the Department of Health; and Whereas, said tract of land is more particularly described as follows: All that certain tract or parcel of land situated, lying and being in Land Lots No. 219, 220, 237 and 238 in the Land District, 349th District, G.M., Baldwin County, Georgia, bounds as follows: Beginning at a point on the southeast property of the Milledgeville-Gray-Macon Highway which is approximately three miles west of the City of Milledgeville and located in said Land Lot No. 237 which is the center line of the north fork of Fishing Creek which is the property line of the Milledgeville and

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Baldwin County Development Corporation, deeded to the corporation by Resolution Act No. 3 (Ga. Laws 1967, p. 35), from said point of beginning proceeding south 59 degrees 23 minutes west for a distance of 2552 feet along the said highway property line to an iron pin a property corner common to the land of Dennis M. Cox, then south 58 degrees 56 minutes east 1918 feet to the northwest property line of the right-of-way of the Georgia Railroad, thence north 58 degrees 56 minutes east for a distance of 2504 feet to the intersection of the said creek and the northwest property line of the right-of-way of the Georgia Railroad, thence northeast a distance of 1885 feet, more or less, where said highway property line intersects with the line of center of the north fork of Fishing Creek, said point the beginning of land, said creek has a survey traversed from the said point of intersection with said highway property line as follows: North 59 degrees 23 minutes east a distance of 24.0 feet; thence south 66 degrees 48 minutes east a distance of 416.3 feet to a point 19 feet east of the line of center of said creek; thence south 53 degrees 54 minutes east for a distance of 314.8 feet to a point 23 feet east of the line of center of said creek; thence south 48 degrees 01 minutes east for a distance of 434.4 feet to a point 15 feet east of the line of center of said creek; thence south 35 degrees 29 minutes east a distance of 307.4 feet to a point 15 feet east of the line of center of said creek; thence south 48 degrees 07 minutes east for a distance of 295.6 feet to a point 15 feet east of the line of center of said creek; thence south 13 degrees 58 minutes east for a distance of 113.37 feet to a point 15 feet east of the line of center of said creek; thence south 58 degrees 56 minutes west for a distance of 15.0 feet east to the point of intersection of the line of center of said creek with the northeastern property line of the right-of-way of the Georgia Railroad; and Whereas, said tract of land is no longer needed by the Department of Health or the State of Georgia and is, therefore, surplus; and Whereas, the Baldwin County Board of Education needs said tract of land for use as a vocational agricultural

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demonstration farm, and said tract of land should be leased to said Board of Education for that purpose. Now, therefore, be it resolved by the General Assembly of Georgia that the control and jurisdiction over said tract of land hereinabove described is hereby transferred to the State Properties Control Commission and said Commission is hereby authorized to lease said tract of land to the Baldwin County Board of Education, the consideration for said lease to be as agreed upon by said Commission and said Board of Education, subject to the following conditions: (1) That said tract of land shall be used by the Baldwin County Board of Education as a vocational agricultural demonstration farm, and (2) That said lease shall provide that in the event said tract of land ceases to be used as a vocational agricultural demonstration farm, said lease shall terminate, and the control and jurisdiction over said tract of land shall thereupon revert to the State Properties Control Commission. Be it further resolved that the Chairman of the State Properties Control Commission, acting for and on behalf of said Commission, and the Chairman of the Board of Education of Baldwin County, acting for and on behalf of said Board, are hereby authorized to execute the instrument or instruments necessary to carry out the provisions of this Resolution, and any such instrument or instruments shall be attested by the Secretary of said Commission and the Secretary of said Board of Education. Approved March 12, 1969.

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CRIMINAL PROCEDURERELEASE OF PERSONS CHARGED WITH CRIME WITHOUT BOND. No. 88 (House Bill No. 47). An Act to authorize the judge of any court having jurisdiction over any person charged with committing an offense against the criminal laws of this State to release said person upon his own recognizance only; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The judge of any court having jurisdiction over a person charged with committing an offense against the criminal laws of this State shall have authority, in his sound discretion and in appropriate cases, to authorize the release of such person upon his own recognizance only. Section 2. Upon failure of such person to appear for trial, and if not otherwise conditioned by the court, the court may summarily issue an order for his arrest which shall be enforced as in cases of forfeited bonds. Section 3. The provisions of this Act are cumulative of existing laws. Intent. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 13, 1969. HUSBAND AND WIFESURETYSHIP OF WIFE. Code 53-503 Amended. No. 89 (House Bill No. 89). An Act to amend Code section 53-503, relating to the separate estate of the wife and limitations upon her power to

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bind her estate, so as to prohibit the wife from binding that portion of her separate estate which is composed of tangible personal property by a contract of suretyship and the assumption of the debts of her husband; to provide that the sale of any portion of her separate estate which is composed of tangible personal property to a creditor of her husband in extinguishment of his debts shall be absolutely void; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 53-503, relating to the separate estate of the wife and limitations upon her power to bind her estate, is hereby amended by striking from the second sentence thereof the following: ; but while the wife may contract, she may not bind her separate estate by any contract of suretyship nor by any assumption of the debts of her husband, and any sale of her separate estate, made to a creditor of her husband in extinguishment of his debts, shall be absolutely void, and by substituting in lieu thereof the following: The wife may not bind that portion of her separate estate which is composed of tangible personal property by any contract of suretyship or by any assumption of the debts of her husband. The sale of any portion of her separate estate which is composed of tangible personal property to a creditor of her husband in extinguishment of his debts shall be absolutely void., so that when so amended Code section 53-503 shall read as follows: 53-503. Wife feme sole as to her separate estate; binding separate estate. The wife is a feme sole as to her separate estate, unless controlled by the settlement. Every restriction upon her power in it must be complied with. The wife may not bind that portion of her separate estate which is composed of tangible personal property by any contract of suretyship or by any assumption of the debts of her husband.

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The sale of any portion of her separate estate which is composed of tangible personal property to a creditor of her husband in extinguishment of his debts shall be absolutely void. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 14, 1969. PEACE OFFICERS ANNUITY AND BENEFIT FUND ACT AMENDED. No. 91 (House Bill No. 112). 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), an Act approved March 10, 1966 (Ga. L. 1966, p. 395), and an Act approved April 2, 1968 (Ga. L. 1968, p. 536), so as to provide that a member who takes a refund of dues after April 1, 1965, while still employed as a peace officer shall not be eligible to be reinstated to membership in said Fund, but may apply for new membership therein upon certain conditions; to provide that a member who shall receive a refund of

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dues prior to April 1, 1965, while not employed as a peace officer or who receives a refund of dues after April 1, 1965, while not employed as a peace officer, and who serves eight or more continuous months as a peace officer on or after April 1, 1965, without having made application to be reinstated to membership in said Fund within said eight months, his rights to be reinstated to membership shall be forever forfeited, but he may apply for new membership in said Fund upon certain conditions; to remove the provision providing for reinstatement of membership in said Fund without requiring a physical examination; to repeal subsection (e) of section 9 of said Act; to provide that a member may stop paying dues into said fund after he has paid dues therein for 20 years; to provide that a member may stop paying dues into said Fund after he has paid dues therein for 25 years; to provide for the increasing of death benefits in the amount of $500.00; to provide an effective date; to repeal conflicting laws and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Peace Officers' Annuity and Benefit Fund, approved February 1, 1950 (Ga. L. 1950, p. 50), as amended by an Act approved February 21, 1951 (Ga. L. 1951, p. 472), an Act approved February 12, 1952 (Ga. L. 1952, p. 81), an Act approved March 11, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 574), an Act approved January 5, 1954 (Ga. L. 1953, Nov.-Dec. Sess., p. 488), an Act approved March 3, 1955 (Ga. L. 1955, p. 387), an Act approved February 27, 1956 (Ga. L. 1956, p. 314), an Act approved February 28, 1956 (Ga. L. 1956, p. 280), an Act approved March 25, 1958 (Ga. L. 1958, p. 341), an Act approved March 17, 1959 (Ga. L. 1959, p. 330), an Act approved February 12, 1962 (Ga. L. 1962, p. 39), an Act approved March 30, 1963 (Ga. L. 1963, p. 386), an Act approved April 2, 1963 (Ga. L. 1963, p. 262), an Act approved March 26, 1964 (Ga. L. 1964, p. 757), an Act approved April 8, 1965 (Ga. L. 1965, p. 593), an Act approved March 10, 1966 (Ga. L. 1966, p. 395), and an Act approved April 2, 1968 (Ga. L. 1968, p. 536), is hereby amended by striking section 5 in its entirety and inserting in lieu thereof a new section 5 to read as follows:

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Section 5. The Board of Commissioners is hereby given the following powers and duties: To provide for the collection of all moneys provided for in this Act; to provide for payment of all annuities and benefits to members of this fund as provided for by law; to provide for and maintain all necessary administrative facilities and personnel; to provide for payment of all administrative salaries, fees and expenses; to hear and determine applications for membership in this Fund according to the terms of this Act; to hear and determine applications for disability payments, death benefits and retirement, according to the terms of this Act; to make rules, regulations and requirements consistent herewith for determining eligibility of members of said fund for disability payments, death benefits and retirement; to delegate its authority to invest funds to one or more members of the board; upon application of any person who is or has been a legally qualified member of this fund, as is provided for in this Act, to provide for a refund to such member of 95% of all dues paid by such member, over any and all periods of service as such a member, during which the nature of such services qualify as creditable services within the meaning of this Act; except that if a member takes a refund after April 1, 1965, while still employed as a peace officer, he shall not be eligible to be reinstated to membership in said Fund, but he may apply for new membership in said Fund upon the terms, conditions and provisions as set forth in Section 9 of this Act, and providing he complies with all other provisions of this Act, and any lawful rules and regulations adopted by the Board, relating to membership in this Fund; upon application of any person who shall have received a refund of dues prior to April 1, 1965, or of any person who is not employed as a peace officer and who receives a refund of dues after April 1, 1965, to provide for reinstatement of such person, as a member of this Fund and be given credit for all periods of service for which dues have previously been paid for such persons as a peace officer within the meaning of this Act providing such person shall, at the time of said application, be a peace officer within the meaning of this Act, and shall tender back to said fund all moneys and all dues previously refunded, plus regular dues for any other period of service

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during which such person may have served as a peace officer within the meaning of this Act together with interest thereon at the rate of (8%) per centum per annum from the date of such refund (after the date he originally became a member), for which dues have not been paid; except that if such person has served 8 or more continuous months as a peace officer, beginning on or after April 1, 1965, without having made application for reinstatement to membership in said Fund within said 8 months, his right to be reinstated to membership in said fund shall be forever forfeited, but he may apply for new membership in said fund upon the terms, conditions and provisions as set forth in Section 9 of this Act, and providing he complies with all other provisions of this Act and any lawful rules and regulations adopted by the Board, relating to membership in this Fund; to provide for a refund of 100% of any overpayment of dues paid by any person for any period of service during which it may be determined that such person was not a peace officer within the meaning of this Act and for such period of service such person is not entitled to credit; upon application of any peace officer who may apply for membership in said Fund, and who may owe dues for creditable service since March 1, 1951, to allow and provide for periodic payments thereof over a period of not more than 36 months immediately subsequent to the date of his acceptance as a member; to provide for the keeping of minutes and records of all board meetings and proceedings under the terms of this Act, including all rules, regulations, delegations and requirements passed upon by said board pursuant to authority herein granted; and to exercise such other powers, not inconsistent herewith, as are necessary for the proper administration of this Act. Provided further, that said board may delegate any and all duties and authorities herein granted to the secretary-treasurer under such conditions as may be deemed proper by said board; provided, however, said board shall at all times hear and determine any matter relative hereto if it so desires, or if such matter be referred to it by the secretory-treasurer, or upon appeal to said board by any person affected by a decision made by the secretary-treasurer. Duties of Commissioners.

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Section 2. Said Act is further amended by amending section 9 thereof as follows: Repealed. (1) By repealing sub-section (e) thereof in its entirety. Section 3. Said Act is further amended by striking option 1 of section 11 in its entirety and inserting in lieu thereof a new option 1 to read as follows: Option 1. Single Life Annuity. Monthly Payment Level for Life of Peace Officers Only: one hundred ($100.00) dollars, if such applicant has had twenty (20) years service as a peace officer in Georgia, and shall have paid into said fund the regular monthly dues for a minimum of 20 years, and is 55 years of age or older. An applicant who has had twenty-five (25) years service as a peace officer in Georgia, and shall have paid into said fund the regular monthly dues for a minimum of 25 years, and is 60 years of age or older shall be paid the monthly sum of one hundred twenty-five ($125.00) dollars. No person shall be eligible for benefits hereunder until his official duties shall have terminated, unless otherwise provided in this Act, and unless he shall file an application within ninety (90) days or as soon thereafter as possible from the time of termination of his official duties as such peace officer in the State of Georgia. Provided, however, that any member of the fund who has twenty (20) years of creditable service for which monthly dues have been fully paid, but who has not reached the age of 55, may cease employment as a peace officer and may cease paying monthly dues into said Fund, and upon reaching the age of 55 shall be entitled to receive a monthly sum of one hundred ($100.00) dollars. Any member of the fund who has twenty-five (25) years of creditable service for which monthly dues have been fully paid, but who has not reached the age of 60, may cease employment as a peace officer and may cease paying monthly dues into said Fund, and upon reaching the age of 60, shall be entitled to receive a monthly sum of one hundred twenty-five ($125.00) dollars. Section 4. Said Act is further amended by striking section 13 in its entirety and inserting in lieu thereof a new section 13 to read as follows:

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Section 13. A peace officer, upon becoming a member of the fund, and after having designated a beneficiary, shall be issued a certificate by the board whereby the board shall agree to pay the sum of $2,500, or such lesser amount as might be arrived at as hereinafter provided, to such beneficiary upon the death of such peace officer. If a member has received $1,000 or more in retirement benefits at the time of his death, such beneficiary shall only be entitled to receive $1,500 upon the death of such peace officer. If a member has received less than $1,000 in retirement benefits at the time of his death, such beneficiary shall only be entitled to receive an amount which, when added to the amount already received by the officer, will total $2,500. Survivor benefits. Any peace officer who, after lawfully becoming a member of said Annuity and Benefit Fund and while paying dues therein, shall receive an injury by external accident or violence arising out of and in the course of the employment as such officer and not resulting from willful misconduct of such officer from which injury, death of such officer shall result as the direct and proximate cause thereof, within a period of 12 months from the date thereof, the designated beneficiary of said officer shall, upon application to the Board of Commissioners and lawful proof of said injury and death as the direct and proximate result thereof, be paid a sum of $4,500, $2,000 of which shall be paid instanter and the balance at the rate of $100.00 per month for a period of 25 months immediately subsequent to the date of said death. Provided, however, if such peace officer received any disability benefits under the provisions of this Act, the $4,500 death benefit provided for under this Section shall be reduced in the amount of such disability benefits received, however, in no event shall such death benefit be less than $1,500.00, regardless of the amount of benefits such peace officer may have drawn prior to his death. Section 5. This Act shall become effective May 1, 1969. Effective date. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 14, 1969.

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USURYINTEREST RATES ON LOANS OF $100,000 OR MORE. Code 57-119 Enacted. No. 92 (House Bill No. 289). An Act to attract investment capital and to promote the growth of industry in Georgia by permitting borrowers to contract and act freely and without legislative restriction or limitation as to interest rates in borrowing or obtaining or using sums of $100,000 or more, whether originally or by renewal or extension; to provide that this Act shall not be construed to repeal or amend Code section 57-118, an Act approved March 30, 1961 (Ga. L. 1961, p. 300); to provide a separability clause; to repeal conflicting laws; and for other purposes. Whereas, rates of interest have recently increased substantially, to the extent that many citizens are finding it more and more difficult to obtain substantial loans at rates set by Georgia law, and Whereas, in the future, such rates are expected to vary from time to time according to demand, and loans will be harder to obtain if borrowers of large amounts are unable to contract freely on the payment of interest, and Whereas, those who borrow $100,000 or more should be able to determine for themselves the rates that they are willing to pay for the use of money, and Whereas, this Act is expected to attract investment capital and to promote the growth of industry in Georgia, all to the benefit of this State, its citizens and its industrial development, Now therefore, it is determined that this Act is passed to create and preserve better opportunities for Georgians to obtain funds of $100,000 or more without violating any present laws.

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Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that from and after the approval of this Act: Section 1. Notwithstanding any contrary provision of law, any person (and for the purpose of this Act, the term person shall include but not be limited to individuals, group of individuals, corporations, trusts, partnerships, limited partnerships, joint ventures, joint enterprises, joint arrangements, labor organizations, associations, or other entities of any nature whatsoever) may in writing agree to pay, and may pay, such rate of interest as such person may determine, contract for, or agree to, on any loan, any advance of money, any forbearance to enforce a claim for the collection of money, any purchase price, any installment obligation or any obligation under which the principal balance to be repaid is $100,000 or more, or on any series of advances of money pursuant to a loan agreement or undertaking if the total principal balance to be repaid thereunder shall originally be $100,000 or more, or on any extension or renewal thereof, and as to any such transaction the claim or defense of usury by such person or its successor or anyone in its behalf is prohibited. There shall be no restrictions on the amount of interest which may be paid under the laws of the State of Georgia on any loan of $100,000 or more. Section 2. The foregoing section shall be codified as Sec. 57-119 of the Code of Georgia and shall apply to all transactions and all renewals and extensions of prior transactions entered into after the passage and approval of this Act. Section 3. If any section, provision, sentence or phrase of this Act shall be declared unconstitutional, or void for any other reason, such adjudication shall not affect the other sections and provisions hereof, but same shall be preserved, and the remainder thereof shall be left intact and valid. Severability. Section 4. This act shall become effective upon its approval by the Governor, or its becoming law without his approval. Effective date.

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Section 5. This Act shall not be construed to repeal or amend Code section 57-118, an Act approved March 30, 1961 (Ga. L. 1961, p. 300), relating to interest rate which may be paid by certain corporations. Intent. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 14, 1969. ATTORNEYS AT LAWADMISSION OF ATTORNEYS FROM OTHER STATES. Code Chapter 92-2 Amended. No. 93 (House Bill No. 318). An Act to revise Chapter 9-2 of the Code of Georgia of 1933, as amended, relating to the admission to the bar of this State of attorneys licensed to practice law in another state of the United States or the District of Columbia, without examination; to repeal conflicting laws, and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Chapter 9-2 of the Code of Georgia of 1933, as amended, entitled Admission of Attorneys from Other States, is hereby amended by striking same in its entirety and enacting in lieu thereof the following Chapter 9-2 of the Code of Georgia of 1933: Chapter 9-2. Admission of Attorneys from Other States 9-201. Admission Without Examination Authorized (a) A person who (1) is at least 26 years of age, and

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(2) is a citizen of the United States and a legal resident of this State, and (3) has been licensed as an attorney to practice law in another state of the United States or the District of Columbia, in which state or District of Columbia a member of the bar of this State is eligible for admission by comity, and (i) is in good standing at the bar thereof or (ii) if change of his legal residence from such other state or District of Columbia terminated his membership in the bar thereof, was in good standing at the bar thereof at the time he became a legal resident of this State, and (4) meets the educational requirements then imposed by the law of this State with respect to applicants for admission to the bar of this State by examination, and (5) is of good private and professional character, and (6) meets the prior legal practice and experience qualification prescribed in section 9-202, may be admitted to the bar and licensed as an attorney to practice law in this State without examination by compliance with the procedure prescribed in this Chapter. 9-202. Prior Legal Practice and Experience Qualification (a) An applicant for admission under this Chapter shall be considered as meeting the prior legal practice and experience qualification required under section 9-201 (a) (6) if (1) he, as a licensed attorney, has engaged on a substantially full-time basis in the practice of law in a state of the United States or in the District of Columbia for time periods totalling cumulatively at least five full years within the eight-year period immediately preceding the filing date of his application under section 9-203; or (2) he has served as a full-time judge of a court of record of any state of the United States or the District of Columbia, or of the United States, for time periods totalling cumulatively at least five full years within the eight-year

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period immediately preceding the filing date of his application under section 9-203; or (3) he has been a full-time faculty member in a law school in Georgia approved by the American Bar Association for time periods totalling cumulatively at least five full years within the eight-year period immediately preceding the filing date of his application under section 9-203; or (4) he, in any combination of the above, has had prior legal practice and experience for time periods totalling cumulatively at least five full years within the eight-year period immediately preceding the filing date of his application under section 9-203. (b) For purposes of this section the term `practice of law' means activity of the type described in section 2 of the Act approved August 7, 1931 (Ga. L. 1931, pp. 191, 194), as amended by the Act approved March 30, 1937 (Ga. L. 1937, pp. 753-755). The State Bar of Georgia may promulgate regulations, not inconsistent with law, to define and apply the term more precisely. However, such regulations shall not be effective until approved by the Justices of the Supreme Court. 9-203. Application by Motion in Superior Court (a) An applicant under this Chapter shall file his application for admission to the bar in the superior court of the county of his residence, setting forth the facts required for admission under section 9-201. The application shall be under oath. There shall be included therein and attached thereto such additional information, certificates and documentation as the State Bar of Georgia may require pursuant to section 9-204. (b) At the time of filing the aforesaid application, a copy thereof, including attachments, shall be sent, by registered or certified mail, to the State Bar of Georgia, and the State Bar of Georgia shall thereupon be a party respondent to the proceeding.

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9-204. Duties and Functions of State Bar of Georgia (a) The State Bar of Georgia, with respect to the administration of this Chapter, shall serve as follows: (1) It shall by instructions or regulations prescribe the information, certificates and documentation to be submitted with an application under section 9-203 to show that the applicant meets the requirements of section 9-201. The State Bar of Georgia may require such information to be under oath and in such form as it deems appropriate. (2) It may, with the approval of the Justices of the Supreme Court, promulgate regulations, not inconsistent with law, to define and apply the term `practice of law' more precisely as contemplated under section 9-202 (b). (3) It shall investigate every person who files an application in any superior court under section 9-203 and shall file an answer to such application in the superior court in which such application is pending, consenting to or objecting to the granting of the application. To perform its duty it may make use of the investigative service of the National Conference of Bar Examiners. (4) It may prescribe a fee which each applicant must pay to the State Bar of Georgia, at the time of the filing of his application. The amount of the fee must be approved by the Justices of the Supreme Court. (b) Within one hundred and eighty days after the filing of an application under section 9-203, the State Bar of Georgia shall file its answer in the superior court in which such application is pending, consenting to or objecting to the granting of the application. A copy of this answer shall be sent at the time of its filing, by registered or certified mail, to the applicant at the residence address specified in his application. The court may upon application of the State Bar of Georgia extend the time within which the State Bar of Georgia is required to file its answer. If the State Bar of Georgia does not file such answer within the aforesaid period, the applicant may apply to the court for a rule against said State Bar of Georgia

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to show cause why it should not file its answer to the application. (c) If the State Bar of Georgia finds that the application is incomplete, or that the information contained therein is inadequate to permit a full investigation, it may within sixty days after receipt of a copy of the application file a motion in the superior court where the application is pending to require the application be amended appropriately. In the event such motion is sustained, the period for the filing of its answer by the State Bar of Georgia shall run from the time of the filing of such amendment, a copy of which shall be sent by registered or certified mail to the State Bar of Georgia at the time of its filing. 9-205. Disposition of Motion. (a) If in its answer the State Bar of Georgia consents to the granting of the application, the judge of the superior court in which the application is pending may enter an order admitting the applicant to the bar of this State. When such order has been entered on the minutes of the court, the proceedings filed in the office of the clerk and all court costs paid by the applicant, the clerk shall prepare a certified copy of the aforesaid order and mail it to the State Bar of Georgia. Thereafter, upon registration with the State Bar of Georgia and payment of the appropriate annual dues, the applicant shall stand admitted and licensed to practice law in this State. (b) If in its answer the State Bar of Georgia objects to the granting of the application, it shall state therein the grounds of such objection, and the applicant may, within twenty days after the filing of the answer of the State Bar of Georgia, file a written request with the clerk of the superior court in which his application is pending asking that his application be set down for a hearing. A copy of this request shall be sent at the time of its filing, by registered or certified mail, to the State Bar of Georgia. If no such request is filed, the judge may enter an order denying the application. (c) The hearing on the application requested under subsection (b) shall be before the judge of the superior court

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in which the application is pending, without a jury, and the burden shall be upon the applicant to show affirmatively by a preponderance of the evidence that he is qualified under section 9-201 and rules and regulations of the State Bar of Georgia promulgated pursuant to this Chapter for admission to the bar in this State. The rules of evidence applicable to civil cases shall apply, and the rules of practice applicable in other civil proceedings shall likewise apply to proceedings hereunder following the filing of a request by the applicant for a hearing, except where inconsistent with the provisions hereof. (d) After an appropriate hearing, if the court determines that the applicant has established by the requisite proof that he is qualified under section 9-201 and rules and regulations of the State Bar of Georgia promulgated pursuant to this Chapter, an order shall be entered admitting the applicant to the bar of this State; otherwise, the court shall enter an order denying the application of the applicant. The court's order shall be subject to appeal by the applicant or by the State Bar of Georgia as in other cases. An applicant whose application is granted by the superior court shall be afforded the privilege of practicing law in this State during the pendency of an appeal by the State Bar of Georgia from the order granting his application. Upon the entry of a final order admitting the applicant to the bar of this State, the matter shall proceed as provided in subsection (a). Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 14, 1969. THE LENDER CREDIT CARD ACT. No. 96 (House Bill No. 413). An Act relating to credit transactions and the creation of debt pursuant to a lender credit card arrangement and constituting the Lender Credit Card Act; to provide for

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a short title; to define certain terms; to provide the conditions of the establishment of a revolving loan account pursuant to a lender credit card arrangement; to provide a maximum finance charge which may be received and collected by a lender on a revolving loan account established pursuant to a lender credit card arrangement and to fix and define the basis for the calculation of such maximum finance charge; to provide for certain additional charges permitted to be received and to be collected by a lender in connection with a lender credit card arrangement; to provide penalties for willful violations; to provide remedies, damages or penalties for knowingly contracting for and receiving charges in excess of permitted charges; to provide conditions under which such remedies, damages or penalties shall not be applicable; to provide certain presumptions with regard to excess charges; to provide that the waiver of provisions established in favor of the debtor shall be against public policy of this State; 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 Lender Credit Card Act. Section 2. Scope. This Act applies to revolving loan accounts made pursuant to a lender credit card. Section 3. Definitions: (a) Lender The term lender means a financial organization, other than an insurance company or other organization primarily engaged in an insurance business: (1) Organized, chartered or holding an authorization certificate under the law of this State or of the United States which authorizes the person to make loans and to receive deposits, including a savings, share, certificate or deposit account, and (2) Subject to supervision by an official or agency of this State or of the United States.

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(b) Lender credit card The term lender credit card means an arrangement or loan agreement pursuant to which a lender gives a debtor the privilege of using a credit card or other credit confirmation or identification in transactions out of which debt arises: (1) By the lender's honoring a draft or similar order for the payment of money drawn or accepted by the debtor; (2) By the lender's payment or agreement to pay the debtor's obligations. (c) Revolving Loan Account. The term revolving loan account means an arrangement between a lender and a debtor for the creation of debt pursuant to a lender credit card and under which: (1) The lender may permit the debtor so to create debt from time to time; (2) The unpaid balances of principal of such debt and the loan finance and other appropriate charges are debited to an account; (3) A loan finance charge is computed on the outstanding balances of the debtor's account from time to time; and (4) The lender is to render bills or statements to the debtor at regular intervals (the billing cycle), the amount of which bills or statements is payable by and due from the debtor on a specified date stated in such bill or statement or, at the debtor's option, may be paid by the debtor in installments. Section 4. Finance Charge. Notwithstanding the provisions of any other law, on a revolving loan account a lender may receive or contract to receive and collect a loan finance charge in an amount not in excess of 1% per month of either the average daily unpaid balance of the debt during the billing cycle, or of the unpaid balance of the debt on the same day of the billing cycle. If the billing

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cycle is other than monthly, the maximum loan finance charge for such billing cycle shall be the percentage which bears the same relation to 1% as the number of days in the billing cycle bears to thirty. A variation of not more than four days from billing cycle to billing cycle shall be deemed the same day of the billing cycle. Section 5. Additional Charges. In addition to the finance charge permitted by Section IV, a lender may contract for and receive the following additional charges in connection with a lender credit card: (1) A fee for making a cash advance pursuant to a revolving loan account, such fee not to exceed the greater of $5.00, or an amount not exceeding $25.00 which is 5% of the amount of the cash advance; (2) A delinquency charge on any required minimum installment not paid within five days after its maturity in an amount not exceeding the greater of $1.00, or an amount not exceeding $5.00 which is 5% of the amount of the unpaid minimum installment, provided that a delinquency charge may be collected only once on an installment however long it remains in default; (3) Charges for premiums on credit life and credit accident and health insurance for which a separate charge is disclosed to the debtor; and (4) All costs, disbursements and reasonable attorneys' fees incurred by the lender in legal proceedings to collect and enforce the debt in the event of delinquency by the debtor or in the event of a breach of any obligation of the debtor under the arrangement. Section 6. Penalties. (a) Any lender who willfully makes charges in excess of those permitted by this Act is guilty of a misdemeanor and upon conviction may be sentenced to pay a fine not exceeding $1,000.00. (b) Any lender who knowingly contracts for charges or receives charges in excess of those permitted by the Act

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shall pay to the debtor an amount equal to 2 times the total charges added to his account, plus reasonable attorneys' fees incurred in collecting the penalty. If such lender shall as the result of an accidental or bona fide error, contract, charge or receive a greater amount than permitted by this Act, he shall not be subject to any penalty under this Act if it is corrected within 20 days from the time such lender notices or is notified in writing of the error; but failure to correct an overcharge within 20 days shall subject such lender to the penalty stated in the previous sentence: If the amount of the overcharge is less than $25.00 or if the overcharge is corrected without it having been called to the attention of the lender by a debtor or someone acting on behalf of a debtor, there shall be a rebuttable presumption that the overcharge was an accidental or bona fide error; otherwise, there shall be a rebuttable presumption to the contrary. Such presumptions may be rebutted by a preponderance of the evidence indicating a contrary conclusion. However, the lender may recover from the debtor an amount equal to the principal amount of the debt in any event. (c) Waiver It shall be against the public policy of this State for any of the provisions of this Act which are established in favor of the debtor to be waived by any informal or formal agreement before, at the time of, or after the creation of a debt within the regulation of this Act. Section 7. This Act shall become effective upon its approval by the Governor. Effective date. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Repealer. Approved March 14, 1969.

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MOTOR VEHICLE CERTIFICATE OF TITLE ACT AMENDED. No. 102 (House Bill No. 288). An Act to amend an Act known as the Motor Vehicle Certificate of Title Act, approved March 7, 1961 (Ga. L. 1961, p. 68), as amended, particularly by an Act approved February 16, 1962 (Ga. L. 1962, p. 79), so as to repeal the provisions requiring the State Revenue Commissioner to maintain a record of notices of liens on titled vehicles; to provide for fees for filing; to except the State of Georgia and the United States of America from the payment of fees; to provide for the perfection of liens on vehicles required to be titled; to require the refiling of existing liens on titled vehicles; to continue perfection thereof; to provide that the procedure contained in this Act shall be the exclusive method for the perfection of liens on vehicles; to provide for offenses relating to title certificates; 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 Motor Vehicle Certificate of Title Act, approved March 7, 1961 (Ga. L. 1961, p. 68), as amended, particularly by an Act approved February 16, 1962 (Ga. L. 1962, p. 79), is hereby amended by striking subsection (d) of section 10 which reads as follows: (d) The Commissioner shall maintain a record of all notices of lien filed by all lienholders (1) under the distinctive title number assigned to the vehicle, (2) under the identifying number of the vehicle, (3) alphabetically under the name of the owner, and (4) under the vehicle's tag registration number. Upon inquiry and payment of such reasonable fee as the Commissioner may prescribe by rule or regulation, the Commissioner shall furnish a complete record of all notices of lien filed with him, with respect to any vehicle or owner thereof. A certified transcript of notices of lien shall be prima facie evidence of the existence thereof and any subsequent transferee, security interest

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holder or lienholder of the automobile shall be protected in relying upon such certified transcript with respect to liens, notice of which is required to be filed with the Commissioner as prescribed in section 21 (a). Repealed. in its entirety. Section 2. Said Act is further amended by striking subsection (c) of section 18 in its entirety and inserting in lieu thereof a new subsection (c) to read as follows: (c) The Commissioner shall be paid a fee of $1.00 for the filing of an application for any certificate of title and for the filing of the notice of a security interest or a lien on vehicles not required by law to be titled in this State. Fees. Section 3. Said Act is further amended by adding a new subsection to section 18 to be known as subsection (e) to read as follows: (e) The above fees shall be required of all applicants except the State of Georgia and the United States of America. Exemptions. Section 4. Said Act is further amended by striking subsection (c) of section 21 in its entirety and inserting in lieu thereof a new subsection (c) to read as follows: (c) (1) If the holder of any lien as defined in section 2(k) hereof (excepting the holder of a mechanic's lien, perfection for which is prescribed in section 23 hereof), desires to perfect such lien against a vehicle the lienholder shall, on the form prescribed by the Commissioner, execute under oath a title application and a notice of lien stating the type of lien and the specific vehicle against which the lien is claimed, and the lienholder shall forward such notice and title application, together with the $1.00 fee either personally or by registered mail return receipt requested, to the person who has custody of the current certificate of title at the address shown on said certificate of title. If someone other than the owner is holding the certificate of title a copy of the notice shall also be forwarded to the

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owner. The lien claimant shall retain the registered mail receipt as proof of compliance with this section. Perfection of liens. After receipt of the notice of lien as specified in this section neither the owner nor any other person shall take any action affecting the title other than as provided in this section. After receipt of the notice of lien the person holding the certificate of title shall hold the notice of lien and attachments and the title for ten (10) days. If during the ten (10) day period following receipt of the notice the claimed lien is satisfied the lien claimant shall on the form prescribed by the Commissioner notify the owner and person holding the certificate of title of such satisfaction. The notice of satisfaction shall serve as a release and withdrawal of the pending notice of lien. If the owner or person holding the certificate of title chooses to contest the claimed lien they shall so indicate on the notice of lien form and shall notify the other interested parties. If the notice contesting the lien is given or if ten (10) days have elapsed without the lien being satisfied then the person holding the certificate of title shall forward the certificate of title together with the notice of lien and attachments thereto to the Commissioner in order that the Commissioner may issue a new certificate of title and reflect on the new certificate of title the lien on the vehicle. The owner and the person who has custody of the current certificate of title shall comply with the instructions contained in the notice and in the event he cannot do so he shall notify the lien claimant. The Commissioner, upon receipt of a properly executed title application, notice, fee, and the current certificate of title, shall enter the lien on his records and shall issue a new certificate of title reflecting the lien and shall then deliver the certificate of title as provided for in this Act. The lien shall be perfected at the time the lien notice, application for title, fee and current certificate of title are received by the Commissioner. In the event that the person who has custody of the current certificate of title fails, refuses or neglects to forward the title application, notice, fee and current certificate of title to the Commissioner as required herein, the lien claimant, may, if his lien has not been satisfied, on a form prescribed by the Commissioner, make direct application to

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the Commissioner. Such direct application to the Commissioner shall have attached to it the return registered mail receipt showing the previous mailing of the title application, fee and form to the person who has custody of the current certificate of title. Upon receipt of such a direct application, the Commissioner shall order the person who has custody of the current certificate of title to forward the certificate of title to him for the purpose of having the lien entered and a new certificate of title reflecting the lien issued. If after a direct application to the Commissioner and after the order of the Commissioner the person who has custody of the current certificate of title continues to fail, refuse or neglect to forward the certificate of title as provided herein, the Commissioner may cancel the current certificate of title and issue a duplicate certificate of title reflecting all security interest and liens, and this duplicate certificate of title shall be delivered as provided for in this Act. In the event a direct application is made, the lien shall be perfected as of the date the outstanding certificate of title is cancelled. Any security interest holder or lienholder having custody of the certificate of title shall not have the validity of his security interest or lien affected by surrendering the certificate of title as provided by this section. The first security interest holder or lienholder shall have the responsibility to advise a prospective transferee or security interest holder, upon inquiry, that a notice of subsequent lien has been received. Upon the issuing of a new certificate of title, the Commissioner shall cancel the old certificate of title. (2) A lien perfected under the provisions of this section shall be a lien only against the specific vehicle identified in the application for a new certificate. (3) A lien on a vehicle for which a certificate of title is required shall be perfected and shall be valid against subsequent transferees and holders of security interest and liens only by compliance with this section. (4) Any lien which was perfected prior to the effective date of this Act shall remain perfected as of its original date if the lienholder refiles his lien and perfects it as

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provided by this Act within three (3) months after the effective date of this Act; otherwise, such liens shall not continue perfected in this State. (5) The procedure contained in this Act shall be the exclusive method for the perfection of liens on vehicles, and no lien shall be effective as to a vehicle unless so perfected. Section 5. Said Act is further amended by striking section 22 in its entirety and inserting in lieu thereof a new section 22 to read as follows: Section 22. If an owner creates a security interest in a vehicle: (a) The owner shall immediately execute the application, in the space provided therefor on the certificate of title or on a separate form the Commissioner prescribes, to name the holder of the security interest on the certificate, showing the name and address of the holder and the date of the security agreement and cause the certificate, application and the required fee to be delivered to the security interest holder or the lienholder. Creation of security interest. (b) The holder shall immediately cause the certificate and application and the required fee to be mailed or delivered to the Commissioner. (c) Upon receipt of the certificate of title, application and the required fee, the Commissioner shall either endorse on the certificate or issue a new certificate containing the name and address of the holder of the security interest or mechanic's lien, as well as previous unreleased holders of security interests and liens, if any, and mail the certificate to the first holder on it. If more than one holder is named on the certificate, the first holder shall comply with the provisions of section 12 (b) in regards to notifying other holders of the content of the certificate. Section 6. Said Act is further amended by striking from section 23 the following: section 22, and inserting in lieu

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thereof the following: section 21, and by striking the word motor, so that when so amended, section 23 shall read as follows: Section 23. All mechanics of every sort, for work done, or for work done and materials furnished, or for materials furnished, in repairing vehicles required to have a certificate of title by section 6 of this Act, shall have a special lien on the same which may be asserted by retention of such property, or the mechanic may surrender such vehicle and give credit, when the same shall be enforced in accordance with the provisions of Ga. Code section 67-2401, and such special lien shall be superior to all liens except for taxes and such other liens and security interests of which the mechanic had actual or constructive notice before the work was done or material furnished. When they surrender possession of the property to the debtor, such mechanics shall record their claims of lien as provided in section 21 and the validity of the lien against third parties shall be determined in accordance with the provisions of this Act. Mechanics liens. Section 7. Said Act is further amended by inserting at the end of subsection (b) of section 31 a new subsection (c) of section 31 to read as follows: (c) Any person who shall willfully and knowingly take any action affecting the title to a vehicle other than as provided in section 21 of this Act after having received a notice of lien as provided in section 21 of this Act is guilty of a misdemeanor. Crimes. Section 8. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 9. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 17, 1969.

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PETITIONS FOR CHANGE OF PERMANENT ALIMONY. No. 103 (House Bill No. 791). An Act to amend an Act authorizing the judgment of a court providing permanent alimony to be revised upon petition by the wife or husband alleging a change in the husband's income and financial status, approved March 9, 1955 (Ga. L. 1955, p. 630), as amended by an Act approved February 26, 1957 (Ga. L. 1957, p. 94), and an Act approved March 18, 1964 (Ga. L. 1964, p. 713), so as to provide that so long as a husband against whom is rendered a permanent alimony judgment remains or is domiciled in this State, the exclusive procedure for modifying such judgment shall be by a proceeding instituted in a court of this State; to provide that any foreign judgment modifying a permanent alimony judgment rendered by a Georgia court shall not be recognized or enforced by the courts of Georgia; to provide for retroactivity of this Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act authorizing the judgment of a court providing permanent alimony to be revised upon petition by the wife or husband alleging a change in the husband's income and financial status, approved March 9, 1955 (Ga. L. 1955, p. 630), as amended by an Act approved February 26, 1957 (Ga. L. 1957, p. 94), and an Act approved March 18, 1964 (Ga. L. 1964, p. 713), is hereby amended by adding a new section, to be designated as section 4A, and which shall read as follows: Section 4A. (1) So long as a husband against whom is rendered a permanent alimony judgment remains or is domiciled in this State, the exclusive procedure for the modification of such judgment shall be by a proceeding instituted for such purposes in the court of this State which granted the original judgment. (2) No judgment of any other state or foreign jurisdiction by which it is attempted to modify a Georgia judgment

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awarding permanent alimony for the support of a wife, or child or children, or both, will be recognized or enforced by the courts of this State. (3) This Act shall apply to all judgments for permanent alimony for the support of a wife, or child or children, or both, rendered subsequent to March 9, 1955. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 17, 1969. CHATTAHOOCHEE JUDICIAL CIRCUITASSISTANT DISTRICT ATTORNEY. No. 108 (Senate Bill No. 70). An Act to amend an Act abolishing the fee system in the superior courts of the Chattahoochee Judicial Circuit, as applied to the office of solicitor general, and providing for the payment of the salary of said solicitor general, approved August 20, 1917 (Ga. L. 1917, p. 283), as amended by an Act approved August 7, 1920 (Ga. L. 1920, p. 431), an Act approved August 20, 1927 (Ga. L. 1927, p. 741), an Act approved March 6, 1945 (Ga. L. 1945, p. 896), an Act approved February 26, 1947 (Ga. L. 1947, p. 137), an Act approved February 25, 1949 (Ga. L. 1949, p. 1673), an Act approved December 22, 1953 (Ga. L. 1953, Nov.-Dec. Session, p. 2977), and an Act approved February 17, 1966 (Ga. L. 1966, p. 18), so as to change the compensation of the assistant solicitor general; to change the title of the assistant solicitor general; to provide an effective date; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1. An Act abolishing the fee system in the superior courts of the Chattahoochee Judicial Circuit, as applied to the office of solicitor general, and providing for the payment of the salary of said solicitor general, approved August 20, 1917 (Ga. L. 1917, p. 283), as amended by an Act approved August 7, 1920 (Ga. L. 1920, p. 431), an Act approved August 20, 1927 (Ga. L. 1927, p. 741), an Act approved March 6, 1945 (Ga. L. 1945, p. 896), an Act approved February 26, 1947 (Ga. L. 1947, p. 137), an Act approved February 25, 1949 (Ga. L. 1949, p. 1673), an Act approved December 22, 1953 (Ga. L. 1953, Nov.-Dec. Session, p. 2977), and an Act approved February 17, 1966 (Ga. L. 1966, p. 18), is hereby amended by striking section 2A in its entirety and substituting in lieu thereof a new section 2A to read as follows: Section 2A. The District Attorney of the Chattahoochee Judicial Circuit, is hereby authorized to appoint an assistant district attorney who shall assist the District Attorney in carrying out his duties and functions in the Superior Court of Muscogee County. Said assistant district attorney shall serve at the pleasure of the District Attorney of the Chattahoochee Judicial Circuit. In carrying out his functions and duties in the Superior Court of Muscogee County, said assistant district attorney shall be clothed with all the authority of the District Attorney. Said assistant district attorney shall be compensated in an amount not less than $10,000.00 per annum nor more than $16,000.00 per annum, said amount to be determined by the District Attorney and to be paid in equal monthly installments from the funds of Muscogee County. The assistant district attorney authorized pursuant to this section shall devote his full time to the duties of his office and shall not otherwise engage in the practice of law during his tenure of office. Assistant district attorney. Section 2. This Act shall become effective on the day it is approved by the Governor or on the day it otherwise becomes law without his approval. Effective date.

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Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1969 session of the General Assembly of Georgia, a bill to amend an Act creating and establishing the office of assistant solicitor general of Muscogee County, Georgia, approved February 17, 1966, (Ga. L. 1966, p. 18, 20), so as to change the name of said office; to change the compensation of said office; to provide an effective date for said changes of name and compensation; and to repeal conflicting laws; and for other purposes. This 26 day of December, 1968. /s/ Harry C. Jackson Georgia, Fulton County. Personally appeared before me, the undersigned authority duly authorized to administer oaths, Honorable Harry C. Jackson who, on oath, deposes and says that he is Senator from the 16th District, and that the attached copy of notice of intention to introduce local legislation was published in the official organs of the following counties, on the following dates: The Columbus Enquirer, (Muscogee County), 12/26/68, 1/2/69, 1/9/69; The Columbus Ledger, (Muscogee County), 12/26/68, 1/2/69, 1/9/69; Marion County Patriot (Marion County), 12/26/68, 1/2/69, 1/9/69; Harris County Journal, (Harris County), 12/26/68, 1/2/69, 1/9/69; Talbotton New Era (Talbot County), 12/26/68, 1/2/69, 1/9/69; Taylor County News, (Taylor County), 12/26/68, 1/2/69, 1/9/69. /s/ Harry C. Jackson Senator, 16th District

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Sworn to and subscribed before me, this 21 day of Jan., 1969. /s/ Aralee Strange Mason, Notary Public, Georgia, State at Large. My Commission expires Dec. 22, 1971. (Seal). Approved March 18, 1969. SENATOR RICHARD B. RUSSELL SCENIC HIGHWAY DESIGNATED. No. 4 (House Resolution No. 90-252). A Resolution. Designating a certain highway in Union and White Counties, Georgia, as the Senator Richard B. Russell Scenic Highway; and for other purposes. Whereas, Honorable Richard B. Russell, a most outstanding and distinguished United States Senator from Georgia, who has now served in that capacity for more than a third of a century with high honor to himself, his State and to the Nation and is still serving in such capacity with unusual ability and devotion to his State and Nation; and Whereas, a highway which crosses the range of the Blue Ridge Mountains at Tesnatee and Hog Pen gaps has now been completed largely with funds appropriated by the Congress of the United States by Acts introduced and sponsored by Senator Russellsuch scenic highway begins at a point on the Jack's Gap Road in Union County and extends in a southern direction for a distance of about fourteen miles to a point on the Loudsville Highway in White County; and

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Whereas, it is highly desirable and appropriate that such highway hereafter bear the name of Senator Russell, an eminent statesman. Now, therefore, be it resolved by the General Assembly of Georgia that such a highway be and the same is hereby designated as the Senator Richard B. Russell Scenic Highway. The State Highway Department of Georgia is hereby authorized and directed to so designate such highway on its maps and other official documents, and to erect appropriate markers at the termini of such highway and at Tesnatee Gap atop the Blue Ridge Mountain, monuments which will be suitable to the high standing of Senator Russell. Be it further resolved that the Clerk of the House of Representatives is hereby authorized and instructed to transmit an appropriate bound copy of this Resolution to Senator Richard B. Russell and to the Honorable James Davidson of Cleveland, Georgia, who has devoted so much of his time in promoting the construction of this scenic highway. Approved March 21, 1969. HOSPITAL AUTHORITIES ACT AMENDED. Code 88-1802, 88-1805 Amended. No. 109 (House Bill No. 74). An Act to amend Code Chapter 88-18, relating to hospital authorities, as amended, particularly by an Act approved March 22, 1964 (Ga. L. 1964, Ex. Sess., p. 15), so as to expand the definition of the word project; to expand the functions and powers of hospital authorities; to provide for severability; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 88-18, relating to hospital authorities, as amended, particularly by an Act approved March 22, 1964 (Ga. L. 1964, Ex. Sess., p. 15), is hereby amended by striking subsection (d) of Code section 88-1802 in its entirety and inserting in lieu thereof a new subsection (d) to read as follows: (d) The word Project includes the acquisition and construction of hospitals, sanitariums, dormitories, clinics, housing accommodations, nursing homes, rehabilitation centers, extended care facilities and other public health facilities for the use of patients and officers and employees of any institution under the supervision and control of any hospital Authority or leased by the hospital Authority for operation by others to promote the public health needs of the community and all utilities and facilities deemed by the Authority necessary or convenient for the efficient operation thereof. Project defined. Section 2. Said Code Chapter is further amended by striking Code section 88-1805 in its entirety and inserting in lieu thereof a new Code section 88-1805 to read as follows: 88-1805. Functions and Powers . Every hospital authority shall be deemed to exercise public and essential governmental functions and shall have all the powers necessary or convenient to carry out and effectuate the purposes and provisions of this Chapter, including, but without limiting the generality of the foregoing, the following powers: (a) To sue and be sued; (b) To have a seal and alter the same; (c) To make and execute contracts and other instruments necessary to exercise the powers of the Authority; (d) To acquire by purchase, lease or otherwise and to operate projects;

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(e) To construct, reconstruct, improve, alter and repair projects; (f) To sell to others, or to lease to others for any number of years up to a maximum of 40 years, any lands, buildings, structures or facilities constituting all or any part of any existing or hereafter established project and this power to be unaffected by the language set forth in (k) below or any implications arising therefrom unless grants of assistance have been received by the Authority with respect to such lands, buildings, structures or facilities in which case approval in writing as set forth in (k) below shall be obtained prior to selling or leasing to others within 20 years after completion of construction; (g) To lease for any number of years up to a maximum of 40 years for operation by others, any project hereafter established, provided the Authority shall have first determined that such lease will promote the public health needs of the community by making additional facilities available in the community and the Authority shall have retained sufficient control over any project so leased so as to insure that the lessee will not in any event obtain more than a reasonable rate of return on its investment in the project which said reasonable rate of return if and when realized by such lessee shall not contravene in any way the mandate set forth in Section 88-1806 of this chapter specifying that no Authority shall operate or construct any project for profit, and provided further that any such lessee shall have agreed in the lease to pay rent sufficient in each year to pay the principal of and the interest on any revenue anticipation certificates proposed to be issued to finance the cost of the construction or acquisition of any such project and the amount necessary in the opinion of the Authority to be paid each year into any reserve funds which the Authority may deem advisable to be established in connection with the retirement of the proposed revenue anticipation certificates and the maintenance of the project and any such lease shall further provide that the cost of all insurance with respect to the project and the cost of maintaining and repairing the same shall be borne by the lessee. The powers herein granted shall be unaffected by

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the language set forth in (k) below or any implications arising therefrom unless grants of assistance have been received by the Authority with respect to such project in which case approval in writing as set forth in (k) below shall be obtained prior to leasing to others within 20 years after completion of construction. Any revenues derived by the Authority out of any such lease shall be applied by the Authority to the payment of any revenue anticipation certificates issued in connection with the acquisition and construction of the project or for other expenses in connection with acquiring, financing, maintaining, expanding, operating or equipping the project; (h) To establish rates and charges for the services and use of the facilities of the Authority; (i) To accept gifts, grants or devises of any property; (j) To acquire by the exercise of the right of eminent domain any property essential to the purposes of the Authority; (k) To sell or lease within 20 years after the completion of construction of properties or facilities operated by the hospital Authority where grants of financial assistance have been received from Federal or State governments, after such action has first been approved by the Department in writing; (l) To exchange, transfer, assign, pledge, mortgage or dispose of any real or personal property or interest therein; (m) To mortgage, pledge or assign any revenue, income, tolls, charges or fees received by the Authority; (n) To issue revenue anticipation certificates or other evidences of indebtedness for the purpose of providing funds to carry out the duties of the Authority; provided that the maturity of any such indebtedness shall not extend for more than 40 years; (o) To borrow money for any corporate purpose;

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(p) To appoint officers, agents and employees; (q) To make use of any facilities afforded by the Federal government, or any agency or instrumentality thereof; (r) To receive, from the governing body of political subdivisions issuing the same, proceeds from the sale of general obligation bonds or other County obligations issued for hospital Authority purposes; (s) To exercise any or all power now or hereafter possessed by private corporations performing similar functions; and (t) To make plans for unmet needs of their respective communities. Section 3. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged to be invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional was not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Severability. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Section 5. This Act shall become effective as of the date on which it is signed by the Governor of Georgia or as of the date on which it first becomes law without the approval of the Governor. Effective date. Approved March 19, 1969.

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ROME JUDICIAL CIRCUITJUDGE'S SUPPLEMENT. No. 113 (House Bill No. 193). An Act to provide for a supplement for the judge of the superior court of the Rome Judicial Circuit; to provide for the reduction of such supplement under certain circumstances; to provide for an effective date; to repeal an Act providing for a supplement for the judge of the superior court of the Rome Judicial Circuit, approved February 21, 1951 (Ga. L. 1951, p. 390); to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The judge of the superior court of the Rome Judicial Circuit shall receive a supplemental salary in the amount of two thousand four hundred ($2,400.00)) dollars per annum, to be paid from the funds of Floyd County in equal monthly installments. In the event, however, the total compensation and allowances payable from State funds to said judge exceeds the sum of eighteen thousand ($18,000) dollars per annum, the supplement provided for herein shall be decreased by the amount of such excess. Section 2. An Act providing for a supplement for the judge of the superior court of the Rome Judicial Circuit, approved February 21, 1951 (Ga. L. 1951, p. 390), is hereby repeal in its entirety. 1951 Act repealed. Section 3. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 20, 1969.

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TAX ON TRANSFER OF REAL PROPERTYEXEMPTIONS. No. 120 (House Bill No. 90). An Act to amend an Act providing for a tax on certain deeds, instruments, or other writings transferring real estate, approved April 18, 1967, (Ga. L. 1967, p. 788), as amended by an Act approved April 8, 1968, (Ga. L. 1968, p. 1102), so as to provide that said tax shall not apply to any lease of lands, tenements, standing timber or other realty or any lease of any estate, interest or usufruct therein; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for a tax on certain deeds, instruments, or other writings transferring real estate, approved April 18, 1967, (Ga. L. 1967, p. 788), as amended by an Act approved April 8, 1968, (Ga. L. 1968, p. 1102), is hereby amended by striking from section 3 the last sentence thereof which reads as follows: Provided further that the tax imposed by section 1 shall not apply to any instrument or writing which conveys no more than a leasehold interest in standing timber. and inserting in lieu thereof the following: Provided further that the tax imposed by section 1 shall not apply to any lease of lands, tenements, standing timber or other realty or any lease of any estate, interest or usufruct therein., so that when so amended section 3 shall read as follows: Section 3. The tax imposed by section 1 of this Act shall not apply to any instrument or writing given to secure a debt; nor shall said tax apply to any deed of gift or to any instrument or writing executed by any agency of the State of Georgia or the U. S. Government or by any political

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subdivision or either of them, or by any public corporation or authority. Provided, however, this exemption shall not apply to any profit making public corporation and in order to exercise the exemption the total consideration of the transfer shall be shown. Provided further that the tax imposed by Section 1 shall not apply to any lease of lands, tenements, standing timber or other realty or any lease of any estate, interest or usufruct therein. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1969. EDUCATION OF DEAF, MUTE AND/OR BLIND CHILDREN. No. 121 (House Bill No. 250). An Act to provide for the education and rehabilitation of children of public school age who are deaf, mute and/or blind for which there are no facilities for education or rehabilitation in Georgia; to provide for the expenditure of funds; to repeal an Act relating to the education and rehabilitation of such children, approved December 22, 1953 (Ga. L. 1953 Nov.-Dec. Sess., p. 393); to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. In the case of children of public school age who are deaf, mute and/or blind for which there are no facilities for education or rehabilitation in this State, the State Board of Education shall determine if such children can be educated or rehabilitated, and if so, such children upon the written consent of the parent, parents and/or guardian and/or the person, persons or organization having legal custody of said child or children shall be sent to schools, institutions, or other places outside the State of Georgia furnishing proper facilities for the education or

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rehabilitation of such children. Funds shall be spent for room, board, tuition, transportation and other items which are necessarily relevant to the education or rehabilitation of such children. The Board is hereby authorized to promulgate such rules and regulations as it deems necessary and proper for carrying out the purposes of this section. Section 2. An Act entitled An Act to provide that the State Board of Education may expend funds outside the State for the education and rehabilitation of children of public school age who are deaf, mute and blind, for which they are no facilities for education or rehabilitation in Georgia; to provide the procedure connected therewith; to repeal conflicting laws; and for other purposes., approved December 22, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 393) is hereby repealed in its entirety. 1953 Act repealed. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1969. TAXATION OF WINES. No. 134 (House Bill No. 104). An Act to amend an Act relating to the manufacture, sale and taxing of wine, approved March 30, 1937 (Ga. L. 1937, p. 851), as amended, particularly by an Act approved February 16, 1938 (Ga. L. 1937-38, Ex. Sess., p. 185), by an Act approved March 27, 1941 (Ga. L. 1941, p. 234), an Act approved July 30, 1949 (Ga. L. 1949, Ex. Sess., p. 5), an Act approved February 20, 1951 (Ga. L. 1951, p. 356), and an Act approved June 22, 1955 (Ga. L. 1955, Ex. Sess., p. 22), so as to provide for an increase in taxes on certain wines; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1. An Act relating to the manufacture, sale and taxing of wine, approved March 30, 1937 (Ga. L. 1937, p. 851), as amended, particularly by an Act approved February 16, 1938 (Ga. L. 1937-38, Ex. Sess., p. 185), by an Act approved March 27, 1941 (Ga. L. 1941, p. 234), an Act approved July 30, 1949 (Ga. L. 1949, Ex. Sess., p. 5), an Act approved February 20, 1951 (Ga. L. 1951, p. 356), and an Act approved June 22, 1955 (Ga. L. 1955, Ex. Sess., p. 22), is hereby amended by striking section 3 in its entirety and in lieu thereof inserting the following: Section 3. There is hereby levied and imposed on the first sale, use or possession within this State of wines the following taxes: (a) On wines produced within the State of Georgia, wholly from fruits and berries grown within the State of Georgia, having an alcoholic strength of not more than fourteen (14) percent alcohol by volume, forty cents per gallon and a proportionate tax at like rates on all fractional parts of a gallon. (b) On wines produced from fruits and berries grown without the State of Georgia, whether produced within or without the State of Georgia, having an alcoholic strength of not more than fourteen (14) percent alcohol by volume, one dollar and fifty cents ($1.50) per gallon and a proportionate tax at like rates on all fractional parts of a gallon. (c) On wines produced within the State of Georgia, wholly from fruits and berries grown within the State of Georgia, having an alcoholic strength of more than fourteen (14) percent alcohol by volume, one dollar ($1.00) per gallon and a proportionate tax at like rates on all fractional parts of a gallon. (d) On wines produced within the State of Georgia, wholly from fruits and berries grown within the State of Georgia, to which wine spirits produced from without the State of Georgia have been added, having an alcoholic strength of more than fourteen (14) percent alcohol by volume, one dollar ($1.00) per gallon and a proportionate

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tax at like rates on all fractional parts of a gallon until January 1, 1971, and thereafter this tax shall become two dollars fifty cents ($2.50) per gallon and a proportionate tax at like rates on all fractional parts of a gallon. (e) On wines produced from fruits and berries grown without the State of Georgia, whether produced within or without the State of Georgia, having an alcohlic strength of more than fourteen (14) percent alcohol by volume, two dollars and fifty cents ($2.50) per gallon and a proportionate tax at like rates on all fractional parts of a gallon. Section 2. This Act shall become effective on June 1, 1969. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1969. SUPERIOR COURTSJUDGES' COMPENSATION. No. 135 (House Bill No. 122). An Act to amend an Act to fix the salaries of the judges of the superior courts, approved March 7, 1957 (Ga. L. 1957, p. 273), as amended, so as to change the salary of the judges of the superior courts; to provide a contingent expense allowance; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to fix the salaries of the judges of the superior courts, approved March 7, 1957 (Ga. L. 1957, p. 273), as amended, is hereby amended by striking from section 1 thereof the figure $18,000.00 and inserting in lieu thereof the figure $20,000.00 so that when so amended section 1 shall read as follows: Section 1. The annual salary of the judges of the superior courts shall be, and the same is hereby fixed in the sum of $20,000.00. Salary.

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Section 2. Said Act is further amended by adding a new section to be designated as section 1A, to read as follows: Section 1A. An annual contingent expense allowance for each of the judges of the superior courts of Georgia shall be, and the same is hereby fixed in the sum of $4,800.00, which shall be in addition to any salary provided by law. The annual contingent expense allowance herein provided and fixed shall be paid in equal monthly installments by the State Treasurer from funds appropriated or otherwise made available for the operation of the superior courts. Annual expense allowance. Section 3. Said Act is further amended by adding to section 3 the following: and the contingent expense allowance provided in Section 1A, so that when so amended, section 3 shall read as follows: Section 3. The salaries herein fixed shall be the total compensation to be paid by the State to the officials herein named, and shall be in lieu of any and all other amounts now provided by the law to be paid from the State Treasury, except mileage of judges on official business away from home county and the contingent expense allowance provided in Section 1A. Mileage. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1969. GEORGIA INCOME TAX ACT AMENDEDCORPORATIONS. Code Chapter 92-31 Amended. No. 136 (House Bill No. 162). An Act to amend Chapter 92-31 of the Code of Georgia, relating to the imposition, rate and computation of Georgia

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Income Tax, and exemptions and deductions thereunder (the Georgia Income Tax Act of 1931, as amended), to change the rate of taxation on corporations; to change the definitions of gross income and net income; to provide a new definition for Georgia taxable net income for corporate taxpayers; to provide additional definitions; to provide for adjustments to the Georgia taxable net income of corporations; to incorporate by reference certain provisions of the United States Internal Revenue Code of 1954 in effect on January 1, 1969; to provide that elections made by taxpayers under the said United States Internal Revenue Code of 1954 shall be required to be made by certain Georgia taxpayers, and to provide exceptions thereto; to change the formula utilized to impose income tax on certain corporate taxpayers; to change the basis for determining gain and loss from the sale or other disposition of certain property; 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. Chapter 92-31 of the Code of Georgia is hereby amended by striking section 92-3102 in its entirety and inserting in lieu thereof a new section to read as follows: 92-3102. (a) Rate of Taxation of Corporations Every domestic corporation and every foreign corporation shall pay annually an income tax equivalent to six percent of its Georgia taxable net income which shall be its taxable income from property owned or from business done in Georgia, which shall consist of its taxable income as defined in the Internal Revenue Code of 1954, and with the adjustments provided for in subsection (b) of this section, and allocated and apportioned as provided in Section 92-3113. (b) Corporate Adjustments(1) Interest and Dividend Adjustments There shall be added to taxable income, interest income, to the extent that the same is not included

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in gross income for Federal income tax purposes, on obligations of any State or political subdivision except the State of Georgia and Georgia political subdivisions. There shall also be added to taxable income interest or dividends on obligations of any authority, commission, instrumentality, territory or possession of the United States which by the laws of the United States are exempt from Federal income tax but not from State income taxes. There shall be subtracted from taxable income interest or dividends on obligations of the United States and its territories and possessions or of any authority, commission or instrumentality of the United States to the extent includible in gross income for Federal income tax purposes but exempt from State income taxes under the laws of the United States. There shall also be subtracted dividends on stocks of banks and trust companies incorporated under the banking laws of this State or of the United States. Any amount subtracted under this subsection shall be reduced by any expenses directly attributable to the production of the interest or dividend income. (2) Income Tax Deduction Adjustment There shall be added to taxable income any income taxes imposed by any taxing jurisdiction to the extent deducted in determining Federal taxable income. (3) Gains and Losses Adjustment Where taxable income includes gains from property determined by using a basis established prior to January 1, 1931, an adjustment may be made under rules established by the State Revenue Commissioner so as to reflect the difference resulting from the use of a basis of cost or January 1, 1931, fair market value, less depreciation allowed or allowable, whichever is higher. Where taxable income includes losses from property determined by using a basis established [Illegible Text] to January 1, 1931, an adjustment may be made under rules established by the State Revenue Commissioner so as to reflect the difference resulting from the use of a basis of cost or January 1, 1931, fair market value, less depreciation allowed or allowable, whichever is lower.

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(4) Deductions and Loss Adjustment No portion of any deductions or losses, including net operating losses, which occurred in a year in which the taxpayer was not subject to taxation in Georgia may be deducted in any tax year. Where Federal adjusted gross income or net income of corporations includes such deductions or losses an adjustment deleting them shall be made under rules established by the Revenue Commissioner. The Revenue Commissioner shall also provide rules to preserve the deductibility of losses incurred in taxable years beginning prior to January 1, 1969, to the extent that such losses would have been deductible as net operating loss carryovers for a taxable year or years beginning on or after January 1, 1969, if the provisions of Section 92-3109 (m) of the Code of Georgia had continued in effect. (5) Income, Losses and Deductions Previously Reported Income, losses and deductions previously used in computing Georgia taxable income shall not again be used in computing Georgia taxable income and the Commissioner shall provide for needed adjustments by regulation. (6) Corporations having net long term capital gains from the sale or exchange of capital assets shall deduct one half of such net gains in computing Georgia taxable income. Capital gains. (7) Any gain on 337 shall be recognized and added back but to the extent that a corporation incurs a Georgia income tax liability by reason of gains realized on a sale or sales which qualify as being exempt from federal income taxation under section 337 of the Internal Revenue Code, such Georgia income tax liability so attributable to such gains shall be allowed as a credit against the Georgia income tax liability of each common stockholder of such corporation in an amount which bears the same ratio to such Georgia income tax liability as the liquidation distribution received or receivable by such common stockholder bears to the liquidation distribution received or receivable by all common stockholders. Such credit shall be allowable only in the taxable year or years of each stockholder

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in which such liquidation distribution is received and shall be limited to the amount of Georgia income tax liability, if any, of such stockholders for such year or years as computed before application of the credit provided by this section and before any credits for withholding or estimated tax payments. Same. (8) Nonrecognition of Gains and Losses Adjustment When on the sale or exchange of real or tangible personal property located in Georgia gain or loss is not recognized because the taxpayer receives or purchases similar property then such nonrecognition shall be allowed, only when such property is replaced with property located in Georgia. (9) Exemptions in Other Laws Preserved This Act shall not be construed to repeal any tax exemptions contained in other Georgia laws not referred to herein. Those exemptions and the exemptions provided for by Federal law and treaty shall be deducted on forms provided by the Commission. (10) Required Elections All elections made by corporate taxpayers under the Internal Revenue Code of 1954 shall also apply under this Act except elections involving consolidated corporate returns and subchapter S elections which shall be treated as follows: (i) Corporate Elections as to Consolidated Returns If two or more corporations file Federal income tax returns on a consolidated basis, and in the event that all of such corporations derive all of their income from sources within Georgia, they must file consolidated returns for Georgia income tax purposes. Affiliated corporations which file a consolidated Federal income tax return, but derive income from sources without this State must file separate income tax returns with Georgia, unless they have prior approval or have been requested to file a consolidated return by the Department of Revenue. (ii) Subchapter S Elections Subchapter S elections apply only if all stockholders are subject to tax in Georgia on their portion of the corporate income provided, however,

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if all non-resident stockholders pay the Georgia income tax on their portion of the corporate income the election shall be allowed by the Commissioner of Revenue. (11) Dividends from Sources Without or Within the United States Adjustment There shall be subtracted dividends received by a corporation from sources without the United States as defined in the Internal Revenue Code of 1954; provided that the amount subtracted under this subsection shall be reduced by any expense directly attributable to the dividend income. There shall also be subtracted any dividends received by corporations from affiliated corporations within the United States, when the corporation receiving said dividends is engaged in business in this State and subject to the payment of taxes under the Income Tax Laws of this State, to the extent that such dividends have been included in net income under Section 92-3102. Dividends from affiliates shall be reduced by any expenses directly attributable to the dividend income. (c) Nothing contained in the following sections shall apply to corporations: (1) Section 92-3109, relating to deductions from gross income; Codes not applicable. (2) Section 92-3110, relating to items of expense not deductible; (3) Section 92-3119, relating to the basis for determining gain and loss from the sale or other disposition of certain property; (4) Section 92-3120, relating to the gain or loss in exchange of certain property; and (5) Section 92-3122, relating to the distribution of certain Federally exempt trusts. Section 2. Said Code Chapter is further amended by inserting at the end of section 92-3108 a new paragraph to read as follows:

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Whenever the Internal Revenue Code of 1954 is referred to or used in this Act, it shall mean the United States Internal Revenue Code of 1954 as it existed on January 1, 1969, and any term used in this Act shall have the same meaning as when used in a comparable provision or context in the Internal Revenue Code of 1954, as amended, in force and effect on January 1, 1969. Definitions, Code 92-3108 amended. Section 3. Said Chapter is further amended by striking, in its entirety, subsection (4) (a) of section 92-3113, relating to allocation and apportionment of corporate income, and inserting in lieu thereof a new subsection (4) (a) to read as follows: 92-3113 (4) (a). Property Ratio The property ratio is a fraction, the numerator of which is the average value of the taxpayer's real and tangible personal property owned or rented and used in this State during the tax period and the denominator of which is the average value of all the taxpayer's real and tangible personal property owned or rented and used during the tax period. Valuation of Property Property owned by the taxpayer is valued at its original cost. Property rented by the taxpayer is valued at eight times the net annual rental rate. Net annual rental rate is the annual rental rate paid by the taxpayer less any annual rental rate received by the taxpayer from sub-rentals. Averaging Property Values The average value of property shall be determined by averaging the values at the beginning and ending of the tax period but the State Revenue Commissioner may require the averaging of monthly values during the tax period if reasonably required to reflect properly the average value of the taxpayer's property. Section 4. Code section 92-3113 (4) (d) is amended by striking the words inventory ratio and inserting in lieu thereof the words property ratio. Code 92-3113 (4) (d) amended. Section 5. The provisions of this Act shall become effective immediately upon its approval, or its otherwise

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becoming law, and shall apply to all taxable years beginning on and after January 1, 1969. Effective date. Section 6. The provisions of the several sections of this Act shall be deemed to be separable insofar as they or their meaning is not inseparably connected and if any provisions of this Act shall be held unconstitutional, such holding shall not affect any of the other provisions thereof. Severability. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1969. GEORGIA COASTAL ISLANDS STUDY COMMITTEE. No. 5 (House Resolution No. 82-219). A Resolution. Creating the Georgia Coastal Islands Study Committee; and for other purposes. Whereas, Georgia's coastal islands, widely known as the Golden Isles, constitute one of the most beautiful undeveloped natural areas in the United States; and Whereas, with the exception of Tybee, Saint Simons and Jekyll, our coastal islands are privately owned, and very few people of our State have ever had the opportunity to visit these islands and enjoy their unspoiled natural beauty; and Whereas, the Golden Isles and vast marshlands of our coast are Georgia's greatest undeveloped natural resource; and Whereas, the United States Department of the Interior is interested in acquiring one or more of our Golden Isles; and

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Whereas, if these islands are acquired by the United States Department of the Interior, the State of Georgia would have no voice in the development of the islands and would stand to lose vast amounts of potential revenue. Now, therefore, be it resolved by the General Assembly of Georgia that there is hereby created the Georgia Coastal Islands Study Committee to be composed of five members of the House of Representatives appointed by the Speaker of the House; five members of the Senate to be appointed by the President of the Senate; the Director of the Department of Industry and Trade or an official or employee of said Department designated by the Director; the Director of the State Game and Fish Commission or a biologist of the Game and Fish Commission designated by the Director; the Director or Deputy Director, at the discretion of the Director, of the State Parks Department; the Executive Secretary of the State Water Quality Control Board; the Director of the State Forestry Commission; a member of the State Highway Board appointed by the Director of the State Highway Department; a member of the State Chamber of Commerce appointed by the President of the State Chamber of Commerce; and one member of the Board of Trustees of the Georgia Marshland and Island Foundation, appointed by the Chairman of the Board of Trustees of said Foundation. For the purpose of calling the organizational meeting of the Committee, the Speaker of the House shall designate one of his appointments to the Committee as temporary chairman. At the organizational meeting of the Committee, the Committee shall elect its own chairman and such other officers as the Committee deems necessary or desirable. Be it further resolved that the Committee shall be authorized to study all matters relating to Georgia's coastal islands and shall make a thorough study of the feasibility of the State of Georgia acquiring said islands so that they may be developed for the greatest benefit and enjoyment of the citizens of, and visitors to, our State.

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Be it further resolved that the Committee shall meet for not more than ten (10) days. The legislative members of the Committee shall receive the expenses and travel allowances authorized by law for legislative members of interim committees, from funds appropriated or otherwise available to the legislative branch of government. The members of the Committee who are officials or employees of the State government shall be reimbursed, from the funds of their respective departments, for actual and necessary expenses incurred by them in carrying out their duties as members of the Committee. The member of the Committee appointed by the President of the State Chamber of Commerce shall be reimbursed, from funds appropriated or available to the legislative branch of government, for actual and necessary expenses incurred by him in carrying out his duties as a member of the Committee. The reinbursement to all non-legislative members of the Committee for any travel expenses shall be at the rate provided by law for employees of the State. Be it further resolved that the Committee shall submit a report setting forth its findings and recommendations, to be accompanied by any proposed legislation as might be recommended by the Committee, to the 1970 Session of the General Assembly of Georgia, and on the day said 1970 Session convenes, said Committee shall stand abolished. Approved March 25, 1969. RIGHT OF DOWER ABOLISHED. Code Title 31 Repealed. No. 139 (House Bill No. 303). An Act to abolish the right of dower; to repeal Title 31 of the Code of Georgia, relating to dower; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1. The right of dower is hereby abolished. Section 2. Title 31 of the Code of Georgia, relating to dower, is hereby repealed in its entirety. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 26, 1969. SUPPLEMENTARY APPROPRIATIONS ACT AMENDED. No. 152 (House Bill No. 844). An Act to amend an Act entitled An Act to provide supplementary appropriations for the remainder of the fiscal year ending June 30, 1969, in addition to any other appropriations heretofore or hereafter made for the operation of the agencies of the State provided for herein and the purposes provided for herein; to provide an effective date; to repeal conflicting laws; and for other purposes., approved February 28, 1969 (Act No. 57), so as to delete the appropriation relating to hog cholera indemnities; to provide an appropriation for livestock indemnities; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to provide supplementary appropriations for the remainder of the fiscal year ending June 30, 1969, in addition to any other appropriations heretofore or hereafter made for the operation of the agencies of the State provided for herein and the purposes provided for herein; to provide an effective date; to repeal conflicting laws; and for other purposes., approved

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February 28, 1969 (Act No. 57), is hereby amended by striking from section 5 the following: Hog Cholera Indemnities $ 150,000.00 and inserting in lieu thereof the following: Livestock Indemnities $150,000.00, so that when so amended section 5 shall read as follows: Section 5. Department of Agriculture 1968-69 $1,000,000.00 Provided that the following object in the Budget shall be changed to read as follows: Operating Expenses $ 35,000.00 Provided that the following objects shall be added to those contained in the Budget Report: Fire Ant Eradication $ 715,000.00 Livestock Indemnities $ 150,000.00. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 26, 1969.

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BANKS AND BANKINGRESERVES. Code 13-2027 Amended. No. 154 (Senate Bill No. 50). An Act to amend Code section 13-2027, relating to the maintenance of reserves by banks, as amended by an Act approved April 18, 1967 (Ga. L. 1967, p. 798), so as to provide that a certain percentage of the legal reserve on demand deposits of any bank may be invested in certain governmental obligations and certificates of deposit; to provide for reasonable collection charges for the collection of any check forwarded as a special collection item; to require banks to remit at par; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 13-2027, relating to the maintenance of reserves by banks, as amended by an Act approved April 18, 1967 (Ga. L. 1967, p. 798), is hereby amended by striking Code section 13-2027 in its entirety and inserting in lieu thereof a new Code section 13-2027 to read as follows: 13-2027. Reserves. Banks, savings banks and trust companies shall at all times maintain a reserve of fifteen percent (15%) of the amount of their demand deposits and five percent (5%) of the amount of their savings and time deposits. As used herein, `demand deposits' shall comprise all deposits payable within thirty (30) days and `time deposits' shall comprise all deposits payable after thirty (30) days and all savings accounts and certificates of deposit which are subject to not less than thirty (30) days notice before payment. The reserve or reserves required by this section shall be computed as of the opening of business on every other Thursday (unless Thursday is a legal holiday, in which event said computation shall be made as of the opening

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of business on the next succeeding business day) or such other day as the Superintendent of Banks may from time to time by regulation establish for such calculation. Such calculation shall be computed on the basis of the average daily demand and/or savings and time deposits of such bank, savings bank or trust company covering the biweekly period immediately preceding the day fixed herein for such computation. Such reserve shall consist of lawful money of the United States, gold certificates, silver certificates, Federal Reserve or national bank notes, in the office and vaults of the bank, and of moneys on deposit subject to call with other banks or bankers, such banks or bankers to be approved by the Superintendent of Banks; provided, however, that (1) the reserve against savings and time deposits may be invested in the bonds of the United States or issued by at the market value thereof, and in certificates of deposit issued by any bank chartered by this State or issued by any national bank domiciled in this State; and (2) a maximum of 50% of the reserve against demand deposits may be invested in (a) obligations of the United States, or any bureau or agency thereof, which are fully guaranteed as to principal and interest by the United States and which mature within one year after the date such obligations are first considered as a part of the legal reserve of the bank, or (b) certificates of deposit issued by any bank chartered by this State or issued by any national bank domiciled in this State, or (c) any combination of (a) and (b). However, any bank which is a member of the Federal Reserve System may, in lieu of the reserve herein required, keep and maintain such reserve as is required under the Acts of Congress relating to Federal Reserve Banks. A bank shall pay all checks drawn on it at par and shall make no charge for the payment of such checks. However, a bank may deduct a reasonable collection charge covering its actual expenses from the remittance for any check forwarded to it for collection and remittance as a special collection item. Section 2. The provisions of this Act shall become effective January 1, 1970. Effective date.

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Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 26, 1969. CRIMINAL CODE OF GEORGIA AMENDEDCREDIT CARDS. Code 26-1705 Amended. No. 155 (Senate Bill No. 115). An Act to amend an Act revising, classifying, consolidating and superseding the laws relating to crimes and the punishment therefor, and establishing new laws relating thereto, and providing for a new Criminal Code, approved April 10, 1968 (Ga. L. 1968, p. 1249), so as to repeal the Code section relating to the improper use of a credit card; to provide for a new Code Chapter relating to the illegal use of credit cards; to provide for definitions; to provide for false statements as to financial conditions or identity; to provide for credit card theft; to provide for forgery of a credit card; to provide for credit card fraud; to provide for presumption of knowledge of revocation or a credit card under certain circumstances; to provide for criminal possession of credit card under certain circumstances; to provide for criminal receipt of goods and services fraudulently obtained and for the presumption of criminal receipt of goods and services fraudulently obtained; to provide for penalties in connection with the foregoing; to provide for all matters relative to 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 revising, classifying, consolidating and superseding the laws relating to crimes and the punishment therefor, and establishing new laws relating thereto, and providing for a new Criminal Code, approved April

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10, 1968 (Ga. L. 1968, p. 1249), is hereby amended by striking Code section 26-1705, relating to improper use of a credit card, in its entirety and by substituting in lieu thereof new Code sections 26-1705 through 26-1705.9 to read as follows: Code Section 26-1705. Illegal Use of Credit Cards. The following words and phrases as used in Code sections 26-1705 through 26-1705.9 unless a different meaning is plainly required by the context, shall have the following meanings: (a) `Cardholder' means the person or organization named on the face of a credit card to whom or for whose benefit the credit card is issued by an issuer. (b) `Credit card' means any instrument or device, whether known as a credit card, credit plate, or by any other name, or a credit number, issued with or without fee by an insurer for the use of the cardholder in obtaining money, goods, services or anything else of value on credit (this shall not be construed to include negotiable instruments). (c) `Expired credit card' means a credit card which is no longer valid because the term shown on it has elapsed. (d) `Issuer' means the business organization or financial institution which issues a credit card of its duly authorized agent. (e) `Receives' or `receiving' means acquiring possession or control or accepting as security for a loan. (f) `Revoked credit card' means a credit card which is no longer valid because permission to use it has been suspended or terminated by the issuer. 26-1705.1 False statements as to financial condition or identity. A person who makes or causes to be made, either directly or indirectly, any false statement in writing, knowing it to be false and with intent that it be

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relied on, respecting his identity or his financial condition for the purpose of procuring the issuance of a credit card, violates this section, and upon conviction thereof, shall be subject to the penalties set forth in subsection (a) of section 26-1705.9. 26-1705.2. Credit card theft. (a) A person is guilty of credit card theft when: (1) He takes, obtains or withholds a credit card from the person, possession, custody or control of another without the cardholder's consent or who, with knowledge that it has been so taken, obtained or withheld, receives the credit card with intent to use it or to sell it, or to transfer it to a person other than the issuer or the cardholder; or (2) He receives a credit card that he knows to have been lost, mislaid, or delivered under a mistake as to the identity or address of the cardholder, and retains possession with intent to use it or to sell it or to transfer it to a person other than the issuer or the cardholder; or (3) He, not being the issuer, sells a credit card or buys a credit card from a person other than the issuer; or (4) He, not being the issuer, during any twelve-month period, receives credit cards issued in the names of three or more persons which he intends to use in an illegal manner and has reason to know were taken or retained under circumstances which constitute a violation of paragraph (3) of subsection (a) of section 26-1705.4, paragraph (3) of subsection (a) of this section. (b) Conviction of credit card theft is punishable as provided in subsection (b) of section 26-1705.9. 26-1705.3. Forgery of credit card. (a) A person is guilty of credit card forgery when: (1) With intent to defraud a purported issuer, a person or organization providing money, goods, services or anything else of value, or any other person, he falsely makes

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or falsely embosses a purported credit card or utters such a credit card; or (2) He, not being the cardholder or a person authorized by him, with intent to defraud the issuer, or a person or organization providing money, goods, services or anything else of value, or any other person, signs a credit card. (b) A person falsely makes a credit card when he makes or draws, in whole or in part, a device or instrument which purports to be the credit card or a named issuer but which is not such a credit card because the issuer did not authorize the making or drawing, or alters a credit card which was validly issued. (c) A person falsely embosses a credit card when, without the authorization of the named issuer, he completes a credit card by adding any of the matter, other than the signature of the cardholder, which an issuer requires to appear on the credit card before it can be used by a cardholder. (d) Conviction of credit card forgery shall be punishable as provided in subsection (b) of section 26-1705.9. 26-1705.4. Credit card fraud. (a) A person is guilty of credit card fraud when, with intent to defraud the issuer, a person or organization providing money, goods, services or other thing of value, or any other person, he (1) Uses for the purpose of obtaining money, goods, services or other thing of value a credit card obtained or retained in violation of section 26-1705.2 or a credit card which he knows is forged, expired or revoked; or (2) Obtains money, goods, services or other thing of value by representing without the consent of the cardholder that he is the holder of a specified card or by knowingly and false representing that he is the holder of a card and such card has not in fact been issued; or (3) Obtains control over a credit card as security for a debt.

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(b) The use of a revoked credit card for the purpose of obtaining credit shall be prima facie evidence of knowledge that the credit card had been revoked if the purchaser shall not have paid to the issuer of the credit card the total amount of the credit purchase within 30 days after receiving written notice that such credit card had been revoked at the time the purchase was made, which notice shall also state the amount due on such purchase. (c) A person who is authorized by an issuer to furnish money, goods, services or other thing of value upon presentation of a credit card by the cardholder, or any agent or employee of such person, is guilty of a credit card fraud when, with intent to defraud the issuer or the cardholder, he (1) Furnishes money, goods, services or other thing of value upon presentation of a credit card obtained or retained in violation of section 26-1705.2, or a credit card which he knows is forged, expired or revoked; or (2) Alters a charge ticket or purchase ticket to reflect a larger amount than that approved and signed by the cardholder; or (3) Fails to furnish money, goods, services or other thing of value in the amount which he represents in writing to the issuer that he has furnished. For the purposes of this paragraph, a writing shall include any purchase ticket, charge ticket, or other item signed by the user of the credit card which is sent to the issuer of the credit card for billing purposes. (d) Conviction of credit card fraud is punishable as provided in subsection (a) of section 26-1705.9 if the value of all money, goods, services and other things of value furnished in violation of this section, or if the difference between the value of all money, goods, services and anything else of value actually furnished and the value represented to the issuer to have been furnished in violation of this section, does not exceed one hundred dollars in any single transaction or five hundred dollars in any six-month

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period; conviction of credit card fraud is punishable as provided in subsection (b) of section 26-1705.9 if such value exceeds one hundred dollars in any single transaction or five hundred dollars in any six-month period. 26-1705.5. Criminal possession of credit card forgery devices. (a) A person is guilty of criminal possession of credit card forgery devices when: (1) He is a person other than the cardholder and possesses two or more incomplete credit cards, with intent to complete them without the consent of the issuer; or (2) He possesses, with knowledge of its character, machinery, plates or any other contrivance designed to reproduce instruments purporting to be credit cards of an issuer who has not consented to the preparation of such credit cards. (b) A credit card is incomplete if part of the matter other than the signature of the cardholder, which an issuer requires to appear on the credit card before it can be issued by a cardholder, has not yet been stamped, embossed, imprinted or written upon. (c) Conviction of criminal possession of credit card forgery devices is punishable as provided in subsection (b) of section 26-1705.9. 26-1705.6. Criminal receipt of goods and services fraudulently obtained . A person is guilty of criminally receiving goods and services fraudulently obtained when he receives money, goods, services or anything else of value obtained in violation of subsection (a) of section 26-1705.4 with the knowledge or belief that the same were obtained in violation of subsection (a) of section 26-1705.4. Conviction of criminal receipt of goods and services fraudulently obtained is punishable as provided in subsection (a) of section 26-1705.9 if the value of all money, goods, services and anything else of value, obtained in violation of this

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section, does not exceed one hundred dollars in any single transaction or five hundred dollars in any six-month period; conviction of criminal receipt of goods and services fraudulently obtained is punishable as provided in subsection (b) of section 26-1705.9 if such value exceeds one hundred dollars in any single transaction or five hundred dollars in any six-month period. 26-1705.7. Presumption of criminal receipt of goods and services fraudulently obtained. A person who obtains at a discount price a ticket issued by an airline, railroad, steamship or other transportation company from other than an authorized agent of such company which was acquired in violation of subsection (a) of section 26-1705.4 without reasonable inquiry to ascertain that the person from whom it was obtained had a legal right to possess it shall be presumed to know that such ticket was acquired under circumstances constituting a violation of subsection (a) of section 26-1705.4, if said ticket shows on its face that it was issued through the use of a credit card or that it is otherwise `non-refundable'. 26-1705.8. Any person who has been issued or entrusted with a credit card for specifically authorized purposes, provided such authorization is in writing stating a maximum amount of charges that can be made with said credit card, and said person uses the said credit card in a manner and for purposes not authorized in order to obtain or purchase money, goods, services or anything else of value shall be guilty of a misdemeanor and punished as provided in subsection (a) of section 26-1705.9. 26-1705.9. Punishment and penalties. (a) A person who is subject to the punishment and penalties of this subsection shall be fined not more than one thousand dollars ($1,000.00) or imprisoned not more than one (1) year, or both. (b) A crime punishable under this subsection is a felony and shall be punished by a fine of not more than five thousand dollars ($5,000.00) or imprisonment for not less than one (1) year nor more than five (5) years, or both.

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Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 26, 1969. REVENUEDEALER LICENSE PLATES FOR PERSONS TRANSPORTING MOBILE HOMES FOR OTHERS. Code 92-2903 Amended. No. 159 (House Bill No. 805). An Act to amend Code section 92-2903, relating to the registration and licensing of manufacturers and dealers of motor vehicles, tractors and trailers, as amended, by an Act approved December 24, 1937 (Ga. L. 1937-38, Ex. Sess., p. 259), an Act approved June 24, 1955 (Ga. L. 1955, Ex. Sess., p. 38), and an Act approved March 12, 1959, (Ga. L. 1959, p. 232), so as to provide for issuing such license plates to persons engaged in the business of transporting mobile homes and house trailers for others; 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 92-2903, relating to the registration and licensing of manufacturers and dealers of motor vehicles, tractors and trailers, as amended, by an Act approved December 24, 1937 (Ga. L. 1937-38, Ex. Sess., p. 259), an Act approved June 24, 1955 (Ga. L. 1955, Ex. Sess., p. 38), and an Act approved March 12, 1959 (Ga. L. 1959, p. 232), is hereby amended by adding after the following: tags shall be used only on vehicles being transported.,

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the following: Persons engaged in the business of transporting mobile homes and house trailers for others shall likewise be entitled to obtain license tags under the provisions of this section., so that when so amended Code section 92-2903 shall read as follows: 92-2903. Registration and license of makers and dealers; additional tags. Manufacturers and dealers engaged in the manufacture or sale of motor vehicles, tractors or trailers shall register with the State Revenue Commissioner, making application for a distinguishing dealer's number, specifying the name and make of motor vehicle, tractor or trailer manufactured or sold by them, upon blanks prepared by the State Revenue Commissioner for such purposes, and pay therefor a fee of $25, which fee shall accompany such application, and for which said fee the State Revenue Commissioner shall furnish to said dealer one number plate, to be known as a dealer's number, and to be distinguished from the number plates herein provided for by a different and distinguishing color to be determined by the State Revenue Commissioner, with the word `Dealer' on same; a dealer's number plate to be for the purpose of demonstrating or transporting dealer's vehicles or trailers for sale. No dealer or manufacturer may use or permit to be used a dealer's number for private use or on cars for hire, for lease, or other manner not provided for in this section. In the event the dealers or manufacturers desire more than one tag, they shall so state on the application, and, in addition to the fee of $25 hereinabove provided, shall pay $5 for each and every additional number plate furnished. Persons engaged in the business of transporting motor vehicles for others under such motor vehicle's own power shall likewise be entitled to obtain license tags under the provisions of this section, but such tags shall be used only on vehicles being transported. Persons engaged in the business of transporting mobile homes and house trailers for others shall likewise be entitled to obtain license tags under the provisions of this section. The

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State Revenue Commissioner is authorized to promulgate rules and regulations covering the issuance of tags to such persons. Provided, however, the provisions of this section shall not apply in any manner to farm tractors. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 27, 1969. DEVELOPMENT AUTHORITIES LAW. No. 164 (Senate Bill No. 120). An Act creating in each county or municipal corporation a development authority; providing for the membership thereof; defining and providing for the exercise of the duties and powers of such authorities; authorizing such authorities to acquire, maintain, lease, mortgage, pledge, sell, dispose of and convey real and personal property necessary for industrial projects to aid in the development, expansion or promotion of industry, commerce and agriculture, including all necessary or useful land, furnishings, machinery, and equipment and facilities necessary to the full utilization of the project; providing for the sale and issuance of revenue bonds and other obligations and providing for the security and payment thereof; providing for the foreclosure and mortgages, security deeds, and trust indentures securing the payment of such bonds or obligations; providing for the judicial validation of such bonds; exempting bonds issued by such authorities from regulation applicable to corporate securities; exempting the property, activities and income of such authorities from taxes and assessments; exempting the bonds of such authorities, their transfer and the income therefrom from taxation, and providing for the funds in

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which such bonds may be invested and for the securities of which such bonds may be deposited with public officer and bodies; repealing a previous Industrial Development Authorities Law (Ga. L. 1963, pp. 531-540), and other Acts or parts of Acts in conflict with this Act; providing for an effective date; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. This Act may be referred to as the Development Authorities Law. (a) Authority shall mean each public corporation created pursuant to this Act. Definitions. (b) Municipal corporation shall mean each city and town in the State. (c) County shall mean any county of this State. (d) Governing body shall mean the elected or duly appointed officials constituting the governing body of each municipal corporation and county in the State. (e) The word project shall include any one or more buildings or structures to be used in the manufacturing, processing, assembling, storing or handling of any agricultural or manufactured product or product of mining and industry, or any combination of the foregoing, in every case with all necessary or useful land or rights in land and all necessary or useful furnishings, machinery, equipment, parking facilities, landscaping and facilities for outdoor storage, all as determined by the Authority, which determination shall be final and not subject to review. There may be included as part of any such project all improvements necessary to the full utilization thereof, including site preparation, roads and streets, sidewalks, water supply, outdoor lighting, belt line railroad, railroad sidings and lead tracks, bridges, causeways, terminals for railroad, automotive and air transportation, transportation facilities incidental to the project, and the dredging and improving of harbors and waterways, none of which foregoing descriptive

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words shall be construed to constitute a limitation, but none of the improvements described in this sentence shall be the primary purpose of any project. Projects may include the acquisition, construction and equipping of new industrial facilities of the remodeling, expanding, modernizing or expansion of existing industrial facilities. (f) The cost of any project acquired hereunder shall embrace the cost of construction, purchase or other form of acquisition, the cost of all land, properties, easements, rights and franchises acquired, financing charges, interest on any obligations issued accruing thereon prior to and during construction and for one year after the completion of construction, cost of engineering, architectural and legal services, fees paid to fiscal agents for financial and other advice or supervision, cost of plans and specifications and other expenses incidental to determining the feasibility or practicability of the project, administrative expenses and all other expenses incurred and disbursements made properly necessary and incident to the acquisition of the completed project and properly necessary or incident to the authorization and issuance of any bonds or other obligations issued to pay the cost of the project. There may also be included as part of such cost the repayment of any loans made for the advance payment of any part of such cost, including interest thereon at rates to be determined by the Authority, which loans are hereby authorized if made payable solely from bond proceeds or rentals to be derived from leasing the project or any part thereof. Section 2. There is hereby created in and for each county and municipal corporation in the State a public body corporate and politic to be known as the Development Authority of such county or municipal corporation, which shall consist of a board of seven directors, to be appointed by resolution of the governing body of such county or municipal corporation for initial terms of two, four and six years and thereafter for staggered terms of six years. At the time of the election of the first board of directors the governing body of the municipality or county shall elect two directors for two years; two directors for four years,

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and three directors for six years, and thereafter the terms of all directors shall be six years. Authorities created, etc. If at the end of any term of office of any director a successor thereto shall not have been elected, then the director whose term of office shall have expired shall continue to hold office until his successor shall be so elected. A majority of the directors shall constitute a quorum but no action may be taken by the board without the affirmative vote of a majority of the full membership of the board. No Authority shall transact any business or exercise any powers hereunder until the governing body of the county or municipal corporation shall, by proper resolution, declare that there is a need for an Authority to function in such county or municipal corporation. A copy of said resolution shall be filed with the Secretary of State who shall maintain a record of all Authorities activated hereunder. Section 3. The Directors shall be taxpayers residing in the county or municipal corporation for which the Authority is created, and their successors shall be appointed as provided by the above mentioned resolution. No director shall be an officer or employee of the county or municipal corporation. The directors shall elect one of their members as chairman and another as vice chairman and shall also elect a secretary and a treasurer or a secretary-treasurer, either of whom may but need not be a director. The directors shall receive no compensation for their services, but shall be reimbursed for their actual expenses incurred in the performance of their duties. The Authority may make by-laws and regulations for its government and may delegate to one or more of its officers, agents and employees such powers and duties as may be deemed necessary and proper. Such Authority shall have perpetual existence as hereinafter provided. Directors. Section 4. Each Authority shall have all of the powers necessary or convenient to carry out and effectuate the purposes and provisions of this Act, including, but without limiting the generality of the foregoing, the power: (a) to sue and be sued; (b) to adopt and amend a corporate seal; (c) to make and execute contracts and other instruments

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necessary to exercise the powers of the Authority, any of which contracts may be made with the county in which the Authority is located or may be made with any one or more municipal corporations in such county, and each such county and all municipal corporations therein are hereby authorized to enter into contracts with such Authority; (d) to receive and administer gifts, grants and devises of any property and to administer trusts; (e) to acquire by purchase, gift or construction any real or personal property desired to be acquired as part of any project or for the purpose of improving, extending, adding to, reconstructing, renovating or remodeling any project or part thereof already acquired, or for the purpose of demolition to make room for such project or any part thereof; (f) to sell, lease, exchange, transfer, assign, pledge, mortgage or dispose of, or grant options for any such purposes, any real or personal property or interest therein; (g) to mortgage, convey, pledge or assign any properties, revenues, income, tolls, charges or fees owned or received by the Authority; (h) to issue revenue obligations for the purpose of providing funds for carrying out the purpose of the Authority; (i) to appoint officers and retain agents, engineers, attorneys, fiscal agents, accountants and employees and to provide their compensation and duties; (k) to construct, acquire, own, repair, remodel, maintain, extend, improve and equip projects located on land owned or leased by the Authority, and to pay all or part of the cost of any such project from the proceeds of revenue bonds of the Authority or from any contribution or loans by persons, firms or corporations, or any other contribution, all of which the Authority is hereby authorized to receive and accept and use; (l) to issue revenue bonds for the purpose of paying all or part of the cost of any project, including the cost of extending, adding to or improving such project, or for the purpose of refunding any such bonds of the Authority theretofore issued. Such revenue bonds shall be issued and validated under and in accordance with the applicable provisions of the Revenue Bond Law of the State of Georgia (Ga. L. 1937, pp. 761-774), as heretofore or hereafter amended, provided, however, that the interest rates of any such revenue bonds shall be fixed by the Board of Directors of the Authority and any limitations with respect to interest

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rates contained in said Revenue Bond Law shall not apply to obligations issued hereunder. As security for the payment of any revenue bonds so authorized, any property, real or personal, of an Authority may be pledged, mortgaged, conveyed, assigned, hypothecated or otherwise encumbered and any such Authority may execute any trust agreement or indenture containing any provisions not in conflict with law for the security of such bonds, which trust agreement or indenture may provide for foreclosure or forced sale of any property of the Authority upon default on such bonds either in payment or principal or interest or upon default in the performance of any term or condition contained in such agreement or indenture. The State of Georgia in behalf of the State and each county, municipal corporation, political subdivision and taxing district therein hereby waives any right it or such county, municipal corporation, political subdivision or taxing district may have to prevent the forced sale or foreclosure of any property of the Authority so mortgaged or encumbered and any such mortgage or encumbrance may be foreclosed in accordance with law and the terms thereof; (m) to do all things necessary or convenient to carry out the powers expressly conferred by this Act. Powers. Section 5. No project acquired hereunder shall be operated by an Authority, any municipal corporation, county or other governmental subdivision but shall be leased or sold to one or more persons, firms or private corporations and if revenue bonds or other obligations are to be issued to pay all or part of the cost of such project, the project must be so leased or the contract for its sale entered into prior to or simultaneously with the issuance of such bonds or obligations. If sold, the purchase price may be paid at one time or in installments falling due over not more than forty years from the date of transfer of possession. The lessee or purchaser shall be required to pay all costs of operating and maintaining the leased or purchased property and to pay rentals or installments in amounts sufficient to pay principal of and interest and premium, if any, on all of its bonds and other obligations as such principal and interest become due. Projects.

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Section 6. Obligations of any Authority evidenced by bonds and trust indentures and mortgages executed in connection therewith may contain such provisions not inconsistent with law as shall be determined by the board of directors of the Authority, and the Authority may in such instruments provide for the pledging of all or any part of its revenues, income or charges and the mortgaging or conveying of all or any part of its real or personal property and convenant against pledging any or all of its revenues, income or charges and may further provide for the disposition of proceeds realized from the sale of any bonds and for the replacement of lost, destroyed or mutilated bonds, and necessary provisions as to payment and redemption of such bonds. Undertakings of an Authority may likewise prescribe the procedure by which bondholders may enforce rights against the Authority and provide for rights upon breach of any covenant, condition or obligation of the Authority. Resolutions, trust indentures, mortgages or deeds to secure obligations executed by an Authority may contain such provisions as the Authority shall deem necessary or desirable. Bonds. Section 7. The purposes of this Act are to develop and promote for the public good and general welfare trade, commerce, industry and employment opportunities and to promote the general welfare of the State. No bonds except refunding bonds shall be issued by an Authority hereunder unless its board of directors shall adopt a resolution finding that the project for which the bonds are to be issued will promote the foregoing objectives and will increase employment in such area. Intent. Section 8. The provisions hereof shall be literally construed to effect the purposes hereof, and insofar as the provisions of this Act may be inconsistent with the provisions of any other law, including the charter of any municipal corporation, this Act shall be controlling. The sale or issuance of bonds by any Authority shall not be subject to regulation under the Georgia Securities Law or any other law. No proceeding or publication not herein required shall be necessary to the performance of any Act

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herein authorized nor shall any such Act be subject to referendum. Construction of Act. Section 9. No bonds or other obligations of and no indebtedness incurred by any Authority shall constitute an indebtedness or obligation of the State of Georgia or any county, municipal corporation or political subdivision thereof nor shall any act of any Authority in any manner constitute or result in the creation of an indebtedness of the State or any such county, municipal corporation or political subdivision. All such bonds and obligations shall be payable solely from the revenues therein pledged to such payment, including pledged rentals, sales proceeds, insurance proceeds and condemnation awards, and no holder or holders of any such bonds of obligations shall ever have the right to compel any exercise of the taxing power of the State or any county, municipal corporation or political subdivision thereof nor to enforce the payment thereof against any property of the State or any such county, municipal corporation or political subdivision. Debts. Section 10. This Act is passed pursuant to authority granted the General Assembly by amendment to the Constitution of the State of Georgia (Ga. L. 1968, pp. 1606-1608), duly ratified and proclaimed. Each Authority hereby created is created for nonprofit and public purposes, and it is hereby found, determined and declared that the creation of each such Authority and the carrying out of its corporate purposes is in all respects for the benefit of the people of the State, that the Authority is an institution of purely public charity and will be performing an essential governmental function in the exercise of the power conferred upon it by this Act and for such reasons, the State covenants with the holders from time to time of the bonds issued hereunder that such Authority shall be required to pay no taxes or assessments imposed by the State or any of its counties, municipal corporations, political subdivisions or taxing districts upon any property acquired by the Authority or under its jurisdiction, control, possession or supervision or leased by it to others, or upon its activities in the operation or maintenance of any such property or on any income derived by the Authority in the form of

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fees, recording fees, rentals, charges, purchase price, installments or otherwise, and that the bonds of such Authority, their transfer and the income therefrom shall at all times be exempt from taxation within the State. The tax exemption herein provided shall not include any exemption from sales and use tax on property purchased by the Authority or for use by the Authority. Authority for Act, etc. Section 11. If any one or more sections, clauses, sentences, words, or parts of this Act shall for any reason be questioned in any court, and shall be adjudged unconstitutional or invalid, such judgment shall not affect, impair or invalidate the remaining provisions of said Act, but shall be confined in its operations to the specific provisions so held invalid, and inapplicability or invalidity of any such section, clause, provision or part shall not be taken to affect or prejudice in any way the remaining part or parts of said Act. Severability. Section 12. The Industrial Development Authorities Law heretofore enacted (Ga. L. 1963, p. 531-540), is hereby expressly repealed and any and all other Acts or parts of Acts in conflict herewith are to the extent of such conflict hereby repealed; provided, however, any public corporation, industrial development or payroll authority heretofore created by legislative Act or constitutional amendment shall not be affected hereby but shall be entitled to continue in existence and exercise all powers heretofore or hereafter granted thereto. 1963 Act repealed. Section 13. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Approved March 28, 1969. DEPARTMENT OF PUBLIC SAFETYSALARY OF DEPUTY DIRECTOR. No. 166 (House Bill No. 185). An Act to amend an Act creating the Department of Public Safety, approved March 13, 1937 (Ga. L. 1937, p.

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322), as amended, particularly by an Act approved March 17, 1967 (Ga. L. 1967, p. 98), so as to change the compensation of the deputy director of the Department of Public Safety; 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 13, 1937 (Ga. L. 1937, p. 322), as amended, particularly by an Act approved March 17, 1967 (Ga. L. 1967, p. 98), is hereby amended by striking from the first paragraph of section 5 of article I the symbol and figures $7,600.00, and substituting in lieu thereof the symbol and figures $9,400.00, so that when so amended, the first paragraph of section 5 of article I shall read as follows: The Director of Public Safety of Georgia is vested with authority to appoint a deputy director of Public Safety, whose term of office shall be four years, and who shall have the rank of lieutenant colonel. It is hereby provided that the deputy director as appointed may be a member of the uniform division of the Department of Public Safety and upon such removal from such office without prejudice he shall revert to his original rank in the uniform division which he held when such appointment was made. The deputy director shall receive an annual salary of $9,400.00 per year, payable monthly, and whose appointment shall be subject to confirmation by the Department of Public Safety. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 28, 1969.

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DEPARTMENT OF PUBLIC SAFETYSALARIES, ETC. No. 167 (House Bill No. 248). An Act to amend an Act creating the Department of Public Safety, approved March 19, 1937 (Ga. L. 1937, p. 322), as amended, particularly by an Act approved March 17, 1967 (Ga. L. 1967, p. 84), so as to provide for chief radio operators and chief license examiners; to change the compensation of members of the uniform division of the Department of Public Safety, members of the Georgia Bureau of Investigation, radio operators and license examiners; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Department of Public Safety, approved March 19, 1937 (Ga. L. 1937, p. 322), as amended, particularly by an Act approved March 17, 1967 (Ga. L. 1967, p. 84), is hereby amended by striking from section 2 of Article II the following: The battalion shall consist of the number of officers and non-commissioned officers specified by number hereinafter, and such number of troopers as the Director of Public Safety, subject to the approval of the Department of Public Safety, shall deem necessary and advisable to carry out the purposes of and administer the provisions of this Act. The personnel of the battalion, which shall include the commanding officer and the treasurer, shall consist of the following categories, and the members of such battalion shall be compensated on an annual basis as follows, which compensation shall be paid on a semi-monthly or monthly basis: 2 Majors $5,165.00 per year, each 6 Captains $4,565.00 per year, each 12 1st Lieutenants $4,165.00 per year, each 2 Sergeant Majors $4,065.00 per year, each 60 Sergeants $3,965.00 per year, each 60 Corporals $3,765.00 per year, each Troopers $3,600.00 per year, each

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The compensation of the members of the Georgia Bureau of Investigation shall be based upon the same base pay schedule set forth above for members of the uniform division of the Department of Public Safety. Radio operators and license examiners of said department, though not members of the uniform battalion, shall be compensated at a sum of $350.00 per month and they shall be entitled to the increase hereinafter provided for length of service on such base salary. Radio operators and license examiners shall each receive an increase of $300.00 per annum, effective July 1, 1967, and shall receive an additional $300.00 per annum, effective July 1, 1968., and inserting in lieu thereof the following: The battalion shall consist of the number of officers and non-commissioned officers specified by number hereinafter, and such number of troopers as the Director of Public Safety, subject to the approval of the Department of Public Safety, shall deem necessary and advisable to carry out the purposes of and administer the provisions of this Act. The personnel of the battalion, which shall include the commanding officer and the treasurer, shall consist of the following categories, and the members of such battalion shall be compensated on an annual basis as follows, which compensation shall be paid on a semi-monthly or monthly basis: 2 Majors $6,075.00 per year, each 6 Captains $5,475.00 per year, each 12 1st Lieutenants $5,075.00 per year, each 2 Sergeant Majors $4,875.00 per year, each 60 Sergeants $4,775.00 per year, each 60 Corporals $4,475.00 per year, each Troopers $4,175.00 per year, each The compensation of the members of the Georgia Bureau of Investigation shall be based upon the same base pay schedule set forth above for members of the uniform division of the Department of Public Safety. There shall be seven (7) chief radio operators and six (6) chief license examiners of said department, plus the necessary additional radio operators and license examiners. Chief radio operators

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and chief license examiners shall be compensated in the amount of $475.00 per month. Other radio operators and license examiners shall be compensated in the amount of $425.00 per month. All radio operators and all license examiners, though not members of the uniform battalion shall be entitled to the increases hereinafter provided for length of service on such base salary. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 28, 1969. UNIFORM COMMERCIAL CODE AMENDEDLIVESTOCK COMMISSION MERCHANTS. Code 109A-9-307 Amended. No. 170 (House Bill No. 362). An Act to amend the Uniform Commercial Code approved February 27, 1962 (Ga. L. 1962, p. 156), as amended, so as to amend Code section 109A-9-307 relating to the protection of buyers of goods so as to provide that a livestock commission merchant, who, without actual knowledge, shall sell goods for another for a fee or commission, shall not be liable to the holder of a security interest created by the seller of the goods where the sale is made in the ordinary course of business and even though the security interest is perfected; to repeal conflicting laws and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Uniform Commercial Code approved February 27, 1962 (Ga. L. 1962, p. 156), as amended, is hereby amended by adding at the end of Code section 109A-9-307 a new section to read: (3) A livestock commission merchant, who, without actual notice, shall sell goods for another for a fee or commission,

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shall not be liable to the holder of a security interest created by the seller of the goods where the sale is made in the ordinary course of business and even though the security interest is perfected. Exemption from liability. Section 2. This Act shall become effective upon approval by the Governor. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 28, 1969. ATLANTA JUDICIAL CIRCUITASSISTANT DISTRICT ATTORNEYS. No. 171 (House Bill No. 386). An Act to amend an Act abolishing the fee system in the Superior Court of the Atlanta Judicial Circuit as applied to the office of the solicitor-general of said circuit, approved August 11, 1924 (Ga. L. 1924, p. 255), as amended, particularly by an Act approved February 2, 1966 (Ga. L. 1966, p. 3) and as amended by Paragraph III of the Amendment to Article VI, Section XI of the Constitution (Ga. L. 1968, pp. 1567, 1569), so as to change the number of trial assistant district attorneys that may be appointed; 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 February 2, 1966 (Ga. L. 1966, p. 3), and as amended by Paragraph III of the Amendment to Article VI, Section XI of the Constitution (Ga. L. 1968, pp. 1567, 1569), is hereby amended by striking the word and figure thirteen (13) as they appear in the first sentence

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in the first paragraph of section 5 and substituting in lieu thereof the word and figure fifteen (15), so that when amended the first paragraph of section 5 shall read as follows: Section 5. The district attorney of the said judicial circuit shall have the power and he is hereby empowered to appoint one (1) first assistant district attorney and fifteen (15) trial assistant district attorneys, and shall require from each one of them bond in the sum of five thousand dollars ($5,000.00) of the same nature and character as the bond of the district attorney, the premiums on said bonds to be paid by the county in the same manner as the premium on the bond of the district attorney. The powers and duties of the first assistant district attorney, when acting for the district attorney, shall be the same as those of the district attorney. The powers and duties of the trial assistant district attorneys shall be to try, and assist in the trial of, cases in the several courts, including the appellate courts of this State and such other duties as may be assigned by the district attorney of the Atlanta Judicial Circuit. They shall not serve beyond the term of their principal and shall be subject to removal at any time by the said principal. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Publisher's Affidavit. 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 17, 24, 31 days of December, 1968, and on the 7th day of January, 1969, as provided by law. /s/ Frank Kempton

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Subscribed and sworn to before me, this 10th day of January, 1969. /s/ Maiodis F. Palmer Notary Public Georgia, State at Large. My Commission expires Jan. 19, 1972. 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 convening in January, 1969, 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 District Attorney Atlanta Judicial Circuit Approved March 28, 1969. GEORGIA BUSINESS CORPORATION CODE AMENDED. Code Title 22 Amended. No. 173 (House Bill No. 593). An Act to amend an Act striking in its entirety Title 22 of the Code of Georgia, relating to corporations, and inserting in lieu thereof a new Title 22 containing the Georgia Business Corporation Code, the Georgia Nonprofit Corporation Code, provisions relating to corporations chartered by the Secretary of State, miscellaneous provisions of corporation law, and provisions relating to crimes of a corporation, corporate officers or any person, approved April 3, 1968 (Ga. L. 1968, p. 565), so as to correct certain typographical errors; to make certain technical changes; to provide that the Georgia Business Corporation Code

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shall apply to professional associations under certain circumstances; to provide for the validation of certain previously existing charter provisions or bylaws; to provide for the manner in which documents are executed under this Act; to provide for execution of deeds or other transfer instruments after dissolution of a corporation; to provide that a corporation may lend money to its employees, officers and directors and otherwise assist them, subject to the provisions in section 22-5104; to provide that a registered agent or agents may have a business office identical with the registered office of another domestic corporation, or a foreign corporation authorized to transact business in this State, such domestic or foreign corporation having a business office identical with such registered office; to provide, in case of resignation of a registered agent, that if the agent is an individual, his affidavit shall be attached to his notice of intention to resign, and that if such agent is a corporation, the said affidavit shall be an officer thereof; to make certain changes in section 22-402 (e) in order to clarify that said section shall apply to corporate registered agents, as well as to individuals; to provide that shares of any preferred or special class may vary between different series as to voting rights and the extent of such voting rights, if any; to change the effect of filing with the Secretary of State a statement concerning the adoption of a resolution with respect to the establishment of a series of preferred shares; to provide that delinquent subscribers shall not be entitled to be paid an amount greater than the amount paid on subscriptions; to delete language which provides that shares received by a person as compensation for charges or expenses of organization or reorganization of a corporation or for sale or underwriting of its shares shall not be fully paid or nonassessable to such person to the extent that such charges or expenses are determined to be unreasonable; to provide that the prices to be received for any shares having par value, except treasury shares, shall not be less than the par value thereof; to provide that dividends may be paid out of unreserved and unrestricted net earnings of the current fiscal year computed to the date of declaration of the dividend or the next preceding fiscal year; to provide that

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shareholders receiving dividends from certain corporations shall be informed that such dividends are a distribution of depletion reserves; to provide that no dividends payable in shares of any class shall be paid in respect of any other class, unless authorized by the articles of incorporation or by vote or written consent of the holders of a majority of the outstanding shares of the class in which payment is to be made; to delete certain language preventing action on a check which has been returned to a corporation undelivered more than seven years after the corporation has received the returned check; to delete certain language preventing action on noncash dividends or distributions more than seven years after the date a corporation receives returned certificates or certificates on notice; to provide that a subsidiary corporation may purchase shares issued by its parent only when the subsidiary is not insolvent and would not be rendered insolvent, and only if the purchase of such shares is not prohibited elsewhere in this Code; to provide that every subscriber for shares not fully paid and every original holder of shares not fully paid which issued contrary to the provisions of section 22-508 (a), and every transferee or assignee of a subscription for shares with knowledge or notice that the shares are not fully paid and were issued contrary to the provisions of section 22-508 (a) shall continue personaly liable thereon notwithstanding any transfer or assignment of such shares or subscription for such shares; to provide that unless provided otherwise by the articles of incorporation, there shall be no preemptive right with respect to shares issued for consideration, other than cash, deemed by the board of directors in good faith to be advantageous to the corporation's business, and shares authorized in the corporations original articles of incorporation and issued or sold within one year of the effective date of the articles of incorporation; to provide for substitute annual meetings under certain circumstances; to provide certain effects to the mailing of a notice of redemption of redeemable shares when a sum sufficient to redeem such shares has been deposited with irrevocable instructions to pay redemption; to define agents, as the term relates to shareholders' meetings; to provide time limits for voting trusts; to provide for

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the calling of special shareholders' meetings; to provide that a provisional director may be removed by order of the court or by vote or written consent of the holders of a majority of the voting shares or such greater number of the voting shares as may be required under the articles of incorporation or the bylaws for the election of directors; to provide, in cases of merger and consolidation that the board of directors of each corporation shall, by resolution, approve a plan of merger setting forth the manner and basis of converting the shares of each merging corporation into shares or other securities or obligations of the surviving corporation, or cash or securities of other corporations; to provide that the parent corporation, in cases of merger, may change its corporate name by including a provision to that effect in the plan of merger set forth in the articles of merger; to provide for abandonment of merger or consolidation; to provide that the Secretary of State shall certify to the Attorney General on or before the last day of December each year, or as soon thereafter as is practicable, the names of all corporations which have failed to file their annual reports or which have given cause for involuntary dissolution; to provide for forwarding of process, notice or demand, which has been served on the Secretary of State, to the foreign corporation at its principal office in the jurisdiction under the laws of which it is incorporated; to provide for certification of articles of incorporation of foreign corporations authorized to transact business in Georgia; to provide for filing of certified articles of agreement of merger by foreign corporations authorized to transact business in Georgia when such corporations are the surving corporations of mergers; to provide for filing of an annual report containing the address of the principal office or registered office of foreign corporations; to provide for appeals from certain actions or nonactions of the Secretary of State; to remove the requirement that the Secretary of State notify each corporation that has failed or refused to file its annual report 30 days after each said annual report is due; to extend the time limit within which the Attorney General must apply for a court order compelling an officer or director of a corporation to answer interrogatories which the officer or director or the corporation

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has failed or refused to answer when propounded by the Secretary of State; to provide authorization for a non-profit corporation to make contracts and incur liabilities, borrow money, issue its notes, secure its obligations by mortgage, and become a surety upon or endorse the contracts or obligations of any other corporation, firm or individual as to matters in which the corporation guaranteeing has a direct interest, but to provide that it shall not have the power to do so where it has no such direct interest, unless such right to guarantee or endorse or become surety is contained in the articles of incorporation; to provide for restating of articles of incorporation; to provide that nothing in Code section 22-3203, relating to the corporate name of foreign corporations, shall abrogate or limit the law relating to unfair competition or unfair trade practices, nor shall it derogate from the common law or principles of equity, or the statutes of Georgia or the United States relating to the right to acquire and protect trade names and trademarks; to provide that a foreign corporation, in order to procure a certificate of authority to conduct affairs in this State, shall make application to the Secretary of State, which application shall include, among other things, the address of the registered office of the corporation in the jurisdiction under the laws of which it is incorporated; to insert the word jurisdiction in lieu of the words State or Country in certain instances; to insert the word certified for the word authenticated in certain instances; to require each domestic corporation, and each foreign corporation authorized to conduct affairs in this State, to file an annual report setting forth, among other things, the address of the regtered office; to provide, in the case of any foreign corporation, for appeals from certain actions of the Secretary of State; to extend the time limit, in the case of any foreign corporation, within which the Attorney General must apply for a court order compelling answers to certain interrogatories which have not been answered when propounded by the Secretary of State; to except banks and trust companies from the duty of reporting certain information to the Secretary of State; to provide that the Secretary of State shall charge and collect for certification of a copy of any document, instrument or paper relating

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to a corporation, 30 cents per page, and $1.00 for the certificate and affixing the seal thereto; to provide new Code Chapters which shall relate to additional specific provisions and which shall explain the intention of Part III and IV of this Act; to provide that Section 22-5401, relating to proceedings by minority stockholders, shall not apply to any action brought by a shareholder in the right of a corporation to procure a judgment in favor of the corporation; to strike Code Chapter 22-99, relating to crimes, and to provide a new Code Chapter containing provisions relating to crimes of a corporation, corporate officers or any person, and providing penalties; to provide that foreign corporations required to have certificates of authority shall not maintain actions in any court of the State until they have obtained such certificates and to provide for the voidability of contracts of such corporations; to provide for application to undomesticated foreign corporations heretofore authorized to transact business in this State; to preserve certain executive committees validly created under prior general corporation law; to provide for a fee of $50 for filing a petition to amend a petition; to provide for publication in a newspaper in addition to the official organ; to provide for notice to corporation officers by registered agent who resigns; to eliminate Code section 22-405; to provide that certain series of shares may have voting rights fixed by the articles of incorporation or by resolution of board of directors or shareholders; to provide for notice to shareholders in certain mergers of subsidiaries; to provide for special proceedings for dissenting shareholders; to provide for procurement of certificates of authority to transact business by foreign corporations; to eliminate Code section 22-2405; to provide for forfeiture of the charter of corporations chartered by the Secretary of State; to explain intention as to venue; to repeal specific laws; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act striking in its entirety Title 22 of the Code of Georgia, relating to corporations and inserting in

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lieu thereof a new Title 22 containing the Georgia Business Corporation Code, the Georgia Nonprofit Corporation Code, provisions relating to corporations chartered by the Secretary of State, miscellaneous provisions of corporation law, and provisions relating to crimes of a corporation, corporate officers or any person, approved April 3, 1968 (Ga. L. 1968, p. 565), is hereby amended by adding at the end of section 22-2606 a new subparagraph to be designated subparagraph (e) and to read as follows: (e) Nothing in this section shall be construed to invalidate any executive committee validly created under the prior general corporation law and existing on the effective date of this Code. Code 22-2606 amended. Section 2. Said Act is further amended by adding, in section 22-103 (b) (3), the words and comma: professional association, immediately after the words: To any corporation, organization,, and by adding the words: professional association immediately after the words: or shall be made applicable to such corporation, organization,, so that when so amended said section shall read as follows: (3) To any corporation, organization, professional association, or association to the extent that the former general corporation law of this State or any of its provisions or this Code or any of its provisions specifically have been or shall be made applicable to such corporation, organization, professional association or association. Code 22-103 (b) (3) amended. Section 3. Said Act is further amended by adding a new subparagraph to section 22-103, to be designated as subparagraph (e) (3), to read as follows: (3) If the charter or the bylaws of a corporation in existence on the effective date of this Code contain any provisions which were not authorized or permitted by the prior general corporation law of this State but which are authorized or permitted by this Code, such charter or bylaw provisions shall be valid on and from the effective date of this Code, and action may be taken on and from that date in reliance on such provisions. Code 22-103 amended.

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Section 4. Said Act is further amended by striking paragraph (c) from section 22-104 and inserting in lieu thereof a new paragraph (c), to read as follows: (c) When other provisions of this Code require a document to be executed as provided in this section, the document shall be signed by the president or other chief executive officer, or a vice president, and his signature shall be attested by the secretary or an assistant secretary. If the corporate seal is affixed, the signature of the secretary or assistant secretary shall also attest the seal. Code 22-104 amended. Section 5. Said Act is further amended by adding to section 22-104 a new subsection, to be designated a subsection (e), to read as follows: (e) Deeds or other transfer instruments requiring execution after the dissolution of a corporation may be signed by any two of the last officers or directors of the corporation and shall operate to convey the interest of the corporation in the real estate or other property described. Code 22-104 (e) enacted. Section 6. Said Act is further amended by striking subparagraph (7) of subsection (b) of section 22-202 and inserting in lieu thereof a new subparagraph (7), to read as follows: (7) To lend money to its employees, officers and directors and otherwise assist them, subject, in the case of officers and directors, to the further provisions of section 22-5104. Code 22-202 amended. Section 7. Said Act is further amended by adding to the end of subparagraph (2) of subsection (a) of section 22-401 the following: , or another domestic corporation, or a foreign corporation authorized to transact business in this State, such domestic or foreign corporation having a business office identical with such registered office., Code 22-401 amended. so that said subparagraph, when so amended shall read as follows:

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(2) A registered agent or agents, which agent or agents may be either an individual or individuals resident in this State whose business office is identical with such registered office, or another domestic corporation, or a foreign corporation authorized to transact business in this State, such domestic or foreign corporation having a business office identical with such registered office. Section 8. Said Act is further amended by adding in subsection (d) of section 22-402, after the words an affidavit of such agent the following: , if an individual, or of an officer thereof, if a corporation,, so that when so amended, subsection (d) shall read as follows: (d) Any registered agent of a corporation may resign as such agent upon filing a written notice thereof with the Secretary of State. The appointment of such agent shall terminate upon the expiration of 30 days after receipt of such notice by the Secretary of State. There shall be attached to such notice an affidavit of such agent, if an individual, or of an officer thereof, if a corporation, that at least 10 days prior to the date of filing such notice a written notice of the agent's intention to resign was mailed or delivered to a representative or agent of the corporation for which such agent was acting other than the resigning registered agent. Code 22-402 amended. Section 9. Said Act is further amended by adding in subsection (e) of section 22-402 the words or its immediately after the words may change his and by adding the words or it immediately after the words address of the registered office of any corporation of which he, so that said subsection when so amended shall read as follows: (e) A registered agent may change his or its business address and the address of the registered office of any corporation of which he or it is registered agent to another place within the same county by filing a statement as required in paragraph (a) of this Section except that it need be signed only by the registered agent and need not be responsive

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to subparagraph (a) (5) of this Section and must recite that a copy of the statement has been mailed or delivered to a representative or agent of each such corporation other than the notifying registered agent. Code 22-402 amended. Section 10. Said Act is further amended by adding to subsection (a) of section 22-502 a new subparagraph, to be designated subparagraph (6), to read as follows: (6) Whether or not shares have voting rights, and the extent of such voting rights, if any. Code 22-502 amended. Section 11. Said Act is further amended by striking from subsection (d) of section 22-502 the words and shall constitute an amendment of the articles of incorporation, so that when so amended said subsection shall read as follows: (d) Upon the filing of such statement by the Secretary of State, the resolution of the board of directors establishing and designating the series and fixing and determining the relative rights and preferences thereof or the resolution of the shareholders fixing and determining the relative rights and preferences of the series shall become effective. Code 22-502 amended. Section 12. Said Act is further amended by adding to the end of subsection (d) of section 22-504 the following: , but in no event shall the delinquent subscriber or his legal representative be entitled to be paid an amount greater than the amount paid by said subscriber on his subscription, so that when so amended, said subsection shall read as follows: (d) In case of default in the payment of any installment or call when such payment is due, the corporation may proceed to collect the amount due in the same manner as any debt due the corporation and any damages for breach of contract. The subscription agreement may prescribe other penalties for failure to pay installments or calls that may

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become due, but no penalty working a forfeiture of a subscription, or of the amounts paid thereon, shall be declared as against any subscriber unless the amount due thereon shall remain unpaid for a period of 20 days after written demand has been made therefor. If mailed, such written demand shall be deemed to be made when deposited in the United States mail in a sealed envelope addressed to the subscriber at his last post office address known to the corporation, with first class postage thereon prepaid. The delinquent subscriber or his legal representative shall be entitled to be paid the excess of the sale proceeds realized from the sale by the corporation of such subscribed shares over the sum of (1) the amount due and unpaid on the subscription, and (2) the reasonable expenses incurred in selling the shares, but in no event shall the delinquent subscriber or his legal representative be entitled to be paid an amount greater than the amount paid by said subscriber on his subscription. Code 22-504 amended. Section 13. Said Act is further amended by striking from subsection (e) of section 22-505 the word divided and inserting in lieu thereof the word dividend, so that when so amended subsection (e) shall read as follows: Code 22-505 amended. (e) That part of the surplus of a corporation which is transferred to stated capital upon the issuance of shares as a share dividend shall be deemed to be the consideration for the issuance of such shares. Section 14. Said Act is further amended by striking from subsection (e) of section 22-506 the last sentence thereof and inserting in lieu thereof the following: In the absence of fraud participated in by the shareholder, shares which are fully paid and nonassessable as provided in paragraph (d) of this section shall not be assessable or be not fully paid because of any payment or allowance by the corporation of any of the aforesaid charges, expenses and compensation, whether or not such charges, expenses and compensation are reasonable., Code 22-506 amended.

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so that when so amended subsection (e) shall read as follows: (e) A corporation may pay or allow, out of the consideration received by it in payment for its shares, the reasonable charges and expenses of organization or reorganization of the corporation, and the reasonable expenses of and compensation for the sale or underwriting of its shares. In the absence of fraud participated in by the shareholder, shares which are fully paid and non-assessable as provided in paragraph (d) of this Section shall not be assessable or be not fully paid because of any payment or allowance by the corporation of any of the aforesaid charges, expenses and compensation, whether or not such charges, expenses and compensation are reasonable. Section 15. Said Act is further amended by adding to the end of subsection (d) of section 22-507 the following: The price or prices to be received for any shares having a par value, other than treasury shares to be issued upon the exercise of such rights or options, shall not be less than the par value thereof., Code 22-507 amended. so that when so amended said subsection shall read as follows: (d) In the absence of bad faith in the transaction, the judgment of the board of directors as to the adequacy of the consideration received for such rights or options shall be conclusive. The price or prices to be received for any shares having a par value, other than treasury shares to be issued upon the exercise of such rights or options, shall not be less than the par value thereof. Section 16. Said Act is further amended by adding in subparagraph (1) of subsection (a) of section 22-511, after the words of the current fiscal year, the following: , computed to the date of declaration of the dividends, so that when so amended said subparagraph shall read as follows:

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(1) Dividends may be declared and paid in cash or property only out of the unreserved and unrestricted earned surplus of the corporation, or out of the unreserved and unrestricted net earnings of the current fiscal year, computed to the date of declaration of the dividend, or the next preceding fiscal year. Code 22-511 amended. Section 17. Said Act is further amended by adding in subparagraph (2) of subsection (a) of section 22-511, after the words and the amount per share, the word paid, so that when so amended said subparagraph shall read as follows: (2) If the articles of incorporation of a corporation engaged in the business of exploiting natural resources, patents, or other wasting assets so provided, dividends may be declared and paid in cash out of the depletion reserves, but each such dividend shall be identified as a distribution of such reserves and the amount per share paid from such reserves shall be disclosed to the shareholders receiving the same concurrently with the distribution thereof. Code 22-511 amended. Section 18. Said Act is further amended by striking from subparagraph (5) of subsection (a) of section 22-511 the words to the holders and inserting in lieu thereof the words in respect, so that when so amended said subparagraph shall read as follows: (5) No dividends payable in shares of any class shall be paid in respect of shares of any other class unless the articles of incorporation so provided or such payment is authorized by the affirmative vote or the written consent of the holders of a majority of the outstanding shares of the class in which the payment is to be made. Code 22-511 amended. Section 19. Said Act is further amended by striking from subparagraph (1) of subsection (c) of section 22-511 the following: or, in the event the check is returned to the corporation undelivered, more than seven years after the date on which the corporation receives such returned check,, Code 22-511 amended.

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so that when so amended said subparagraph shall read as follows: (1) If a corporation has declared a cash dividend on any shares, or any other distribution payable in cash, or has sold fractional shares or scrip for the account of a shareholder, and has mailed to a shareholder at his address appearing on the records of the corporation a valid check in the amount of the dividend or other distribution or the proceeds of such sale to which such shareholder is entitled, and such check would have been honored if duly presented to the bank on which it is drawn, no action for the recovery of such dividend or other distribution or the amount thereof shall be brought by the shareholder or other person entitled thereto more than seven years after the date of mailing the check. Section 20. Said Act is further amended by striking from subparagraph (2) of subsection (c) of section 22-511 the following: or, in the event the share certificate or certificates or the aforesaid notice is returned to the corporation undelivered, more than seven years after the date on which the corporation received such returned certificate or certificates or notice,, Code 22-511 amended. so that when so amended said subparagraph shall read as follows: (2) If a corporation has declared a dividend payable in its own shares or any other distribution payable in its own shares or in other than cash, and has mailed to a shareholder at his address appearing on the records of the corporation a certificate or certificates representing such shares or a notice setting forth the time and manner in which a distribution in other than its own shares or cash shall be paid no action for the recovery of such dividends or such distribution or the amount thereof shall be brought by the shareholder or other person entitled thereto more than seven years after the mailing of the share certificate or certificates or, in the case of a distribution in other than the corporation's

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own shares or cash, the time specified in the notice for the payment thereof. Section 21. Said Act is further amended by striking from subparagraph (2) of subsection (a) of section 22-512 the word holder and inserting in lieu thereof the word holders, so that when so amended said subparagraph shall read as follows: (2) No such distribution shall be made unless the articles of incorporation so provide or such distribution is authorized by the affirmative vote of the holders of a majority of the outstanding shares of each class whether or not entitled to vote thereon by the provisions of the articles of incorporation of the corporation. Code 22-512 amended. Section 22. Said Act is further amended by adding to section 22-513 a new subsection, to be designated as subsection (g), to read as follows: (g) A subsidiary corporation may purchase shares issued by its parent only when (1) the subsidiary is not insolvent and would not thereby be rendered insolvent; and (2) the purchase of such shares by the parent is not prohibited by subsection (e) of this Section. Code 22-513 amended. Section 23. Said Act is further amended by striking from section 22-518 the designation (a) at the beginning of said Section. Code 22-518 amended. Section 24. Said Act is further amended by striking from section 22-519 the words: State of Georgia in the third sentence, and inserting in lieu thereof the words University System of Georgia, so that when so amended said section shall read as follows: 22-519. Cancellation of redeemed securities when not surrendered. When a corporation has duly and properly called for redemption, surrender, cancellation or payment of any shares or other securities subject to such call, and the registered holder of such shares or other securities has been mailed notice of such call at his last address as it appears

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on the records of the corporation but fails, within 60 days of such call or such longer time as may be specified in the notice of such call, to present the certificates representing his shares or other securities for such redemption, surrender, cancellation or payment as provided in the call, then the corporation may transfer to a trustee, for the benefit of such registered holder or his successors in title, the money or other property distributable upon such redemption, surrender, cancellation or payment, and thereupon the shares or other securities shall be deemed to have been redeemed, surrendered, cancelled or paid and no longer outstanding. In order for such transfer to the trustee to be effective for such purpose, the corporation must have adopted a plan therefor prior to the call and shall mail notice to the registered holder of the details of such plan, including the name and address of the trustee, at the time of the mailing of the notice of the call. The registered holder for whom such transfer in trust is made, or his successors in title, shall have only the right to obtain such money or other property from the trustee upon surrender to trustee of the certificates representing the shares or other securities involved, but if same are not surrendered within six years from the date of such transfer to the trustee, the money or other property being held by the trustee shall be distributed to the persons and in the manner provided in the plan theretofore adopted or shall be distributed to and become the property of the Board of Regents of the University System of Georgia and used for educational purposes, in the event no such plan for distribution is adopted or such plan is held to be invalid. The trustee appointed under this Section must be a bank or trust company located in the State of Georgia. Section 25. Said Act is further amended by striking subparagraph (1) of subsection (b) of section 22-601 and inserting in lieu thereof a new subparagraph (1) to read as follows: Code 22-601 amended. (1) Every subscriber for shares not fully paid and every original holder of shares not fully paid which were issued contrary to the provisions of section 22-508 (a), and every transferee or assignee of a subscription for shares or of shares with knowledge or notice that the shares are not

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fully paid and were issued contrary to the provisions of section 22-508 (a), shall continue personally liable thereon as provided in paragraph (a) of this Section notwithstanding any transfer or assignment of such shares or subscription for such shares. Section 26. Said Act is further amended by striking in its entirety subparagraph (3) of subsection (d) of section 22-602 and inserting in lieu thereof a new subparagraph, to read as follows: (3) Shares issued for consideration, other than cash, deemed by the board of directors in good faith to be advantageous to the corporation's business. Code 22-602 amended. Section 27. Said Act is further amended by striking in its entirety subparagraph (5) of subsection (d) of section 22-602 and inserting in lieu thereof a new subparagraph, to read as follows: (5) Shares authorized in the corporation's original articles of incorporation and issued or sold within one year of the effective date of the articles of incorporation. Same. Section 28. Said Act is further amended by striking from subsection (b) of section 22-603 (b) the fourth sentence thereof and inserting in lieu of said fourth sentence the following: If the corporation shall fail or refuse to hold the annual meeting on (1) the date provided therefor pursuant to the bylaws or, (2) in the absence of such designation, the date provided in this Section, and shall thereafter also fail or refuse to hold the annual meeting within 60 days after being requested by any shareholder to do so, the superior court of the county where the registered office of the corporation is located may, after notice to the corporation, order a substitute annual meeting to be held upon the application of such shareholder., Code 22-603 amended. so that when so amended said subsection shall read as follows:

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(b) An annual meeting of the shareholders shall be held at such time as may be provided in the bylaws. In the absence of such designation, the annual meeting shall be held on the second Tuesday of the fourth month following the end of the fiscal year of the corporation or, if such day is a legal holiday, the next following business day. Failure to hold the annual meeting shall not work a forfeiture or give cause for dissolution of the corporation, except as provided in section 22-1317 in case of deadlock among directors or shareholders, nor shall such failure affect otherwise valid corporate acts. If the corporation shall fail or refuse to hold the annual meeting on (1) the date provided therefor pursuant to the bylaws, or (2) in the absence of such designation, the date provided in this section, and shall thereafter also fail or refused to hold the annual meeting within 60 days after being requested by any shareholder to do so, the superior court of the county where the registered office of the corporation is located may, after notice to the corporation, order a substitute annual meeting to be held upon the application of such shareholder. The superior court may issue such orders as may be appropriate, including, without limitation, orders designating the time and place of such meeting, the record date for determination of shareholders entitled to vote, and the form of notice of such meeting. Section 29. Said Act is further amended by adding to the end of subsection (c) of section 22-603 a new sentence to read as follows: Special meetings of the shareholders or a special meeting in lieu of the annual meeting of the shareholders shall be called by the corporation upon the written request of the holders of not less than twenty-five percent of the outstanding shares of the corporation entitled to vote in an election of directors., Code 22-603 amended. so that when so amended said subsection shall read as follows: (c) Special meetings of the shareholders or a special meeting in lieu of the annual meeting of the shareholders may be called by the president, the chairman of the board

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of directors, the board of directors, or such other officers or persons as may be provided in the articles of incorporation or bylaws, or in the event there are no officers or directors, then by any shareholder. Special meetings of the shareholders or a special meeting in lieu of the annual meeting of the shareholders shall be called by the corporation upon the written request of the holders of not less than twenty-five percent of the outstanding shares of the corporation entitled to vote in an election of directors. Section 30. Said Act is further amended by striking in its entirety subsection (k) of section 22-608 and inserting in lieu thereof a new subsection (k), to read as follows: (k) Subject to the further provisions of section 22-519, when notice of redemption of redeemable shares has been mailed to the holders thereof and a sum sufficient to redeem such shares has been deposited with a bank or trust company with irrevocable instructions and the authority to pay the redemption price to the holders thereof upon surrender of certificates therefor, such shares shall not be entitled to vote on any matter and shall not be deemed to be outstanding shares. Code 22-519 amended. Section 31. Said Act is further amended by adding in subsection (a) of section 22-610, after the word agents, the following: , who may be either an individual or individuals or any domestic or foreign corporation,, so that when so amended subsection (a) shall read as follows: (a) A person who is entitled to attend a shareholders' meeting, to vote thereat, or to execute consents, waivers, or releases, may be represented at such meeting or vote thereat, and execute consents, waivers, and releases, and exercise any of his other rights, by one or more agents, who may be either an individual or individuals or any domestic or foreign corporation, authorized by a written proxy executed by such person or by his attorney-in-fact. A telegram or cablegram

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transmitted by a shareholder shall be deemed a written proxy within the meaning of this Section. Code 22-610 amended. Section 32. Said Act is further amended by adding to the end of subsection (b) of section 22-612 the following new sentence: Failure to state a period of duration in the original voting trust agreement or in any extension thereof, or stating a period of duration in excess of 10 years, shall not invalidate the voting trust or the extension thereof, but in either such case the period of duration of the original voting trust, or the extension thereof, as the case may be, shall be 10 years., Code 22-612 amended. so that when so amended said subsection shall read as follows: (b) At any time before the expiration of a voting trust as originaly fixed or as extended one or more times under this paragraph, one or more holders of a beneficial interest in the voting trust may, by agreement in writing, extend the duration of the voting trust, nominating the same or a substitute trustee or trustees, for and additional period not exceeding 10 years from the date of such extension agreement. Such extension agreement shall not affect the rights or obligations of persons not parties thereto and shall in every respect comply with and be subject to all the provisions of this Section applicable to the original voting trust agreement. Failure to state a period of duration in the original voting trust agreement or in any extension thereof, or stating a period of duration in excess of 10 years, shall not invalidate the voting trust or the extension thereof, but in either such case the period of duration of the original voting trust, or the extension thereof, as the case may be, shall be 10 years. Section 33. Said Act is further amended by striking from subsection (c) of section 22-703 the second sentence which reads: The provisional director shall have all rights and powers of a director, and shall be entitled to notice of the meetings

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of the board of directors and to vote at such meetings, until he is removed by order of the court or by vote or written consent of the holders of a majority of the voting shares., Code 22-703 amended. and by subsituting in lieu thereof the following sentence: The provisional director shall have all the rights and powers of a director, and shall be entitled to notice of the meetings of the board of directors and to vote at such meetings, until he is removed by order of the court or by vote or written consent of the holders of a majority of the voting shares or holders of such higher number of voting shares as may be required under the articles of incorporation or the bylaws for the election of directors. Section 34. Said Act is further amended by adding in subsection (f) of section 22-717, after the words: shall not be deemed exclusive of any other rights, the following: , in respect of indemnification or otherwise,, so that when so amended subsection (f) shall read as follows: (f) The indemnification provided by this section shall not be deemed exclusive of any other rights, in respect of indemnification or otherwise, to which those seeking indemnification or otherwise, to which those seeking indemnification may be entitled under any bylaw or resolution approved by the affirmative vote of the holders of a majority of the shares entitled to vote thereon taken at a meeting the notice of which specified that such bylaw or resolution would be placed before the shareholders, both as to action by a director, officer, employee or agent in his official capacity and as to action in another capacity while holding such office or position, and shall continue as to a person who has ceased to be a director, officer, employee or agent and shall inure to the benefit of the heirs, executors and administrators of such a person. Code 22-717 amended. Section 35. Said Act is further amended by striking from subsection (a) of section 22-803 the word representatives

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and inserting in lieu thereof the word attorney, so that when so amended said subsection shall read as follows: (a) The incorporator or incorporators or his or their attorney shall obtain from the Secretary of State a certificate which states that the name of the proposed corporation is available in accordance with section 22-301 regarding the corporate name for use by said incorporator or incorporators. Code 22-803 amended. Section 36. Said Act is further amended by striking from subsection (c) of section 22-803 the word representatives and inserting in lieu thereof the word attorney, so that when so amended said subsection shall read as follows: (c) The incorporator or incorporators or his or their attorney shall present the articles of incorporation and the certificate issued by the Secretary of State regarding the name of the proposed corporation to a judge of the superior court of the county where the initial registered office of the corporation is to be located in term or vacation, or, in the event that the judge of the superior court of said county is absent from the circuit, disqualified, or from illness or any other reason cannot act in the premises, to any judge of the superior court of this State. The judge shall examine the aforesaid documents and, if they are found to be lawful, shall pass an order declaring the incorporation granted. Code 22-803 amended. Section 37. Said Act is further amended by striking from subparagraph (3) of subsection (b) of section 22-1001 the following: , or the cash or other consideration to be paid or delivered in exchange for the shares of each merging corporation, or a combination thereof, Code 22-1001 amended. and by inserting in lieu thereof the following: and, if any shares of any of the merging corporations are not to be converted solely into shares or other securities of the surviving corporation, the amount of cash or securities

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of any other corporation, or combination of cash and such securities, which is to be paid or delivered to the holders of such shares in exchange for or upon the surrender of such shares, which cash or securities of any other corporation, or combination of cash and such securities, may be in addition to or in lieu of the shares or other securities of the surviving corporation., so that when so amended said subparagraph shall read as follows: (3) The manner and basis of converting the shares of each merging corporation into shares or other securities or obligations of the surviving corporation and, if any shares of any of the merging corporations are not to be converted solely into shares or other securities of the surviving corporation, the amount of cash or securities of any other corporation, or combination of cash and such securities, which is to be paid or delivered to the holders of such shares in exchange for or upon the surrender of such shares, which cash or securities of any other corporation, or combination of cash and such securities, may be in addition to or in lieu of the shares or other securities of the surviving corporation. Section 38. Said Act is further amended by striking from subparagraph (3) of subsection (b) of section 22-1002 the following: , or the cash or other consideration to be paid or delivered in exchange for the shares of each corporation, or a combination thereof, Code 22-1002 amended. and by inserting in lieu thereof the words: and, if any shares of any of the constituent corporations are not to be converted solely into shares or other securities of the new corporation, the amount of cash or securities of any other corporation, or combination of cash and such securities, which is to be paid or delivered to the holders of such shares in exchange for or upon the surrender of such shares, which cash or securities of any

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other corporation, or combination of cash and such securities may be in addition to or in lieu of the shares or other securities of the new corporation., so that when so amended said subparagraph shall read as follows: (3) The manner and basis of converting the shares of each corporation into shares or other securities or obligations of the new corporation and, if any shares of any of the constituent corporations are not to be converted solely into shares or other securities of the new corporation, the amount of cash or securities of any other corporation, or combination of cash and such securities, which is to be paid or delivered to the holders of such shares in exchange for or upon the surrender of such shares, which cash or securities of any other corporation, or combination of cash and such securities, may be in addition to or in lieu of the shares or other securities of the new corporation. Section 39. Said Act is further amended by adding in subsection (d) of section 22-1003, after the words: at any time prior to the filing of the articles of merger or consolidation, the following: with the clerk of the superior court as provided in section 22-1004 (d) and (e),, Code 22-1003 amended. so that when so amended said subsection shall read as follows: (d) After the plan of merger or consolidation has been approved, and at any time prior to the filing of the articles of merger or consolidation with the clerk of the superior court as provided in section 22-1004 (d) and (e), the merger or consolidation may be abandoned pursuant to provisions therefor, if any, set forth in the plan of merger or consolidation. Section 40. Said Act is further amended by striking from subsection (a) of section 22-1005 the word cost from the last clause of the first sentence thereof, and inserting

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in lieu thereof the word cash, so that when so amended said subsection shall read as follows: 22-1005. Merger of subsidiary corporations. (a) Unless otherwise provided in the articles of incorporation of any of the merging corporations, any corporation which owns at least 90 per cent. of the outstanding shares of each class of any other domestic corporation or corporations may merge with such subsidiary corporation or corporations without approval by a vote of the shareholders of any of the merging corporations if the parent corporation is the surviving corporation and if the plan of merger effects no change in the articles of incorporation of the parent corporation other than a change of its corporate name as permitted by subsection (b) of this section; and in the event all the shares of a subsidiary corporation party to such merger are not owned by the parent corporation, such plan of merger shall state the manner and basis of converting the shares of the subsidiary corporation not owned by the parent corporation into shares or other securities or obligations of the parent corporation, or the cash or other consideration or combination thereof to be paid or delivered in exchange for such shares of the subsidiary corporation not owned by the parent corporation. The plan of merger shall be approved by the board of directors of each merging corporation. In all other respects the merger shall be effected and shall have the same effect as provided in this Code (Chapters 22-1 through 22-20) in the case of mergers between domestic corporations. Section 41. Said Acts is further amended by striking from subsection (b) of section 22-1005 the words: articles of incorporation, and inserting in lieu thereof the words: articles of merger, so that when so amended said subsection shall read as follows: (b) The parent corporation may change its corporate name by the inclusion of a provision to that effect in the plan of merger adopted by the directors of the parent corporation and set forth in the articles of merger, and, upon the effective date of the merger, the name of the corporation shall be so changed. Code 22-1005 amended.

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Section 42. Said Act is further amended by adding in subsection (f) of section 22-1008, after the words at any time prior to the filing of the articles of merger or consolidation, the following: with the clerk of the superior court, or, if filing is required in more than one county, then prior to the filing in all such counties, so that when so amended said subsection shall read as follows: (f) At any time prior to the filing of the articles of merger or consolidation with the clerk of the superior court, or if filing is required in more than one county, then prior to the filing in all such counties, the merger or consolidation may be abandoned pursuant to provisions therefor, if any, set forth in the plan of merger or consolidation. Code 22-1008 amended. Section 43. Said Act is further amended by adding in subsection (a) of section 22-1315, after the words on or before the last day of December of each year, the words or as soon thereafter as practicable, so that when so amended said subsection shall read as follows: Code 22-1315 amended. (a) The Secretary of State, on or before the last day of December of each year, or as soon thereafter as practicable, shall certify to the Attorney General the names of all corporations which have failed to file their annual reports in accordance with the provisions of sections 22-1501 and 22-1502, together with the facts pertinent thereto, and the State Revenue Commissioner likewise shall certify the names of all corporations which have failed to file their annual license or occupation tax returns. The Secretary of State shall also certify, from time to time, the names of all corporations which have given other cause for dissolution as provided in this Code, together with the facts pertinent thereto. Whenever the Secretary of State or the State Revenue Commissioner shall certify the name of a corporation to the Attorney General as having given cause for dissolution, the Secretary of State or the State Revenue Commissioner, as the case may be, shall concurrently mail to the corporation at its registered office or, if there is no registered office, at its last known address as shown by the records of the Secretary of State, a notice

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that such certification has been made, together with a statement of the facts pertinent thereto. Section 44. Said Act is further amended by adding in subparagraph (4) of subsection (a) of section 22-1405, after the words principal office the words or registered office, so that when so amended said subparagraph shall read as follows: (4) The address of the principal office or registered office of the corporation in the jurisdiction under the laws of which it is incorporated. Code 22-1405 amended. Section 45. Said Act is further amended by adding in subsection (c) of section 22-1409, in the third sentence, after the words an affidavit of such agent, the following: , if an individual, or of an officer thereof, if a corporation,, so that when so amended said subsection shall read as follows: (c) Any registered agent of a foreign corporation may resign as such agent upon filing a written notice thereof with the Secretary of State. The appointment of such agent shall terminate upon the expiration of 30 days after receipt of such notice by the Secretary of State. There shall be attached to such notice an affidavit of such agent, if an individual, or of an officer thereof, if a corporation, that at least 10 days prior to the date of filing such notice a written notice of the agent's intention to resign was mailed or delivered to a representative or agent of the corporation for which such agent was acting other than the resigning registered agent. Code 22-1409 amended. Section 46. Said Act is further amended by striking from subsection (b) of section 22-1410 the words State or Country and inserting in lieu thereof the word jurisdiction, so that when so amended said subsection shall read as follows:

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(b) Whenever a foreign corporation authorized to transact business in this State shall fail to appoint or maintain a registered agent in this State, or whenever any such registered agent cannot with reasonable diligence be found at the registered office, or whenever the certificate of authority of a foreign corporation shall be suspended or revoked, then the Secretary of State shall be an agent of such corporation upon whom any such process, notice, or demand may be served. Service on the Secretary of State of any such process, notice, or demand shall be made by delivering to and leaving with him, or with any person having charge of the corporation department of his office, or with any other person or persons designated by the Secretary of State to receive such service, duplicate copies of such process, notice or demand. In the event any such process, notice, or demand is served on the Secretary of State, he shall immediately cause one of such copies thereof to be forwarded by registered or certified mail addressed to the corporation at its principal office in the jurisdiction under the laws of which it is incorporated. Any service so had on the Secretary of State shall be answerable in not less than 30 days. Code 22-1410 amended. Section 47. Said Act is further amended by striking from section 22-1411 the word authenticated and inserting in lieu thereof the word certified, so that when so amended said section shall read as follows: 22-1411. Amendment to articles of incorporation of foreign corporation. Whenever the articles of incorporation of a foreign corporation authorized to transact business in this State are amended, such foreign corporation shall, within 30 days after such amendment become effective, file in the office of Secretary of State a copy of such amendment or in lieu thereof, if provided for by its jurisdiction of incorporation, a copy of its restated, composite or consolidated articles of incorporation reflecting such amendment, duly certified by the proper officer of its jurisdiction of incorporation, together with a translation into English verified by the translator if the original is written in a foreign language; but the filing thereof shall not of itself enlarge or alter the purpose or purposes which such corporation is

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authorized to pursue in the transaction of business in this State, nor authorize such corporation to transact business in this State under any other name than the name set forth in its certificate of authority. Section 48. Said Act is further amended by striking from section 22-1412 the word authenticated and inserting in lieu thereof the word certified, so that when so amended said section shall read as follows: 22-1412. Merger of foreign corporation authorized to transact business in this State. Whenever a foreign corporation authorized to transact business in this State shall be a party to a statutory merger permitted by the laws of its jurisdiction of incorporation, and such corporation shall be the surviving corporation, it shall, within 30 days after such merger becames effective, file with the Secretary of State a copy of the articles or agreement of merger duly certified by the proper officer of the jurisdiction under the laws of which such statutory merger was effected, together with a translation into English verified by the translator if the original is written in a foreign language; and it shall not be necessary for such corporation to procure either a new or amended certificate of authority to transact business in this State unless the name of such corporation be changed thereby or unless the corporation desires to pursue in this State other or additional purposes than those which it is then authorized to transact in this State. Section 49. Said Act is further amended by adding to subparagraph (2) of subsection (a) of section 22-1501 the words or registered office after the words principal office, so that when so amended said subparagraph shall read as follows: (2) The address of the registered office of the corporation in this State, and the name of its registered agent or agents in this State at such address, and, in the case of a foreign corporation, the address of its principal office or registered office in the jurisdiction under the laws of which it is incorporated. Code 22-1501 amended.

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Section 50. Said Act is further amended by striking subsection (a) of section 22-1704 in its entirety and inserting in lieu thereof a new subsection to read as follows: (a) If the Secretary of State shall refuse to grant a name certificate, or shall revoke the reservation of a corporate name as provided in section 22-302 (e), or shall refuse to file any articles of incorporation, amendment, merger, consolidation or dissolution, or any other document required by this Code to be filed by the Secretary of State, he shall, within 10 days after application for the name certificate is made, or his revocation of a reservation of corporate name, or the delivery of any of the aforesaid documents to him, give written notice of his action to the person or corporation, domestic or foreign, making such application, or having made such reservation of corporate name, or delivering such document, specifying the date of and the reasons for his action. Within 40 days from the date of such action by the Secretary of State such person or corporation may appeal to the superior court of the county in which the registered office of such corporation is, or is proposed to be, situated by filing with the clerk of such court a petition setting forth a copy of such application, or of such reservation, or of the articles or other document sought to be filed and a copy of the written notice from the Secretary of State of his action; whereupon the matter shall promptly be tried de novo by the court without a jury, and the court shall either sustain the action of the Secretary of State or direct him to take such action as the court may deem proper. Code 22-1704 amended. Section 51. Said Act is further amended by striking from subsection (a) of section 22-1801 the following: within 30 days after written notice that it is overdue is sent by the Secretary of State to the registered office of the corporation in this State or, of it has no such registered office, to its last known address either within or without this State as shown by the records of the Secretary of State, Code 22-1802 amended. so that when so amended said subsection shall read as follows:

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(a) Each corporation, domestic or foreign that fails or refuses to file its annual report for any year shall be penalized $50 for each year in which it so fails or refuses. Section 52. Said Act is further amended by striking from the second sentence of subsection (d) of section 22-1801 the figure 30 and inserting in lieu thereof the figure 60, so that when so amended said subsection shall read as follows: (d) When a corporation, domestic or foreign, fails or refuses to answer truthfully and fully within the time prescribed by section 22-1701 interrogatories propounded by the Secretary of State in accordance with section 22-1701, the Secretary of State shall certify such facts to the Attorney General and shall concurrently mail to the corporation at its registered office or, if there is no registered office, at its last-known address as shown by the records of the Secretary of State, a notice that such certification has been made, together with a statement of the facts pertinent thereto. Within 60 days of the date of such certification, the Attorney General shall apply in the name of the State to the superior court of the county where the registered office or principal office of the corporation, as shown by the records of the Secretary of State, is situated for an order compelling the corporation to answer the interrogatories truthfully and fully, unless prior to the filing of such application the corporation shall have so answered the interrogatories. If the corporation fails or refuses to comply with the order within 30 days from the date of its entry, such failure or refusal may be considered a contempt of that court and the corporation may be fined therefor in any amount not exceeding $500.00. Code 22-1801 amended. Section 53. Said Act is further amended by striking from the second sentence of subsection (a) of section 22-1802 the figure 30 and inserting in lieu thereof the figure 60, so that when so amended said subsection shall read as follows: (a) When an officer or director of a corporation, domestic or foreign, fails or refuses within the time prescribed

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by section 22-1701 to answer truthfully and fully interrogatories propounded to him by the Secretary of State in accordance with section 22-1701, the Secretary of State shall certify such fact to the Attorney General and shall concurrently mail to the officer or director a notice, addressed to such officer or director at the registered office of the corporation or, if there is no such registered office, at the last-known address of the corporation as shown by the records of the Secretary of State, that such certification has been made, together with a statement of the facts pertinent thereto. Within 60 days of the date of such certification, the Attorney General shall apply in the name of the State to the superior court of the county where the registered office or principal office of the corporation, as shown by the records of the Secretary of State, is situated for an order compelling the officer or director to answer the interrogatories truthfully and fully, unless prior to the filing of such application the officer or director shall have so answered the interrogatories. If the officer or director fails or refuses to comply with the order within 30 days from the date of its entry, such failure or refusal may be considered a contempt of that court and the officer or director may be fined therefor in any amount not exceeding $500.00. Code 22-1802 amended. Section 54. Said Act is further amended by adding to section 22-2103 a new subsection, to be designated as subsection (f), to read as follows: (f) If the charter or the bylaws of a corporation in existence on the effective date of this Code contain any provisions which were not authorized or permitted by the prior general corporation law of this State but which are authorized or permitted by this Code, such charter or by-law provisions shall be valid on and from the effective date of this Code, and action may be taken on and from that date in reliance on such provisions. Code 22-2103 amended. Section 55. Said Act is further amended by striking sub-paragraph (11) of subsection (b) of section 22-2202 and inserting in lieu thereof a new subparagraph to read as follows:

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(11) To make contracts and incur liabilities, borrow money, issue its notes, bonds, and other obligations, and secure any of its obligations by mortgage, deed to secure debt, pledge, creation of a security interest in, or other incumbrance of, all or any of its property, franchises and income, and to guarantee, become surety upon or endorse the contracts or obligations of any other corporation, firm or individual as to matters in which the corporation guaranteeing has a direct interest, but shall not have the power to enter into any contract of guaranty, suretyship or endorsement where the corporation guaranteeing has no direct interest in the subject matter of the contract guaranteed or to make any purely accommodation guaranty, endorsement or contract of suretyship, unless such right to guarantee or endorse or become surety is contained in the articles of incorporation. Code 22-2202 amended. Section 56. Said Act is further amended by striking from subsection (c) of section 22-2604 the word assigns and inserting in lieu thereof the word resigns, so that when so amended subsection (c) shall read as follows: (c) A director who resigns may postpone the effectiveness of his resignation to a future date or upon the occurrence of a future event specified in written tender of resignation. A vacancy shall be deemed to exist at the time of such tender, and the board of directors or the members may, then or thereafter, elect or appoint a successor to take office when the resignation, by its terms, becomes effective. Code 22-2604 amended. Section 57. Said Act is further amended by striking from subsection (a) of section 22-2613 the word of immediately before the words final liquidation, in the second sentence, and inserting in lieu thereof the word or, so that when so amended said subsection shall read as follows: (a) No dividend shall be paid and no part of the income or profit of a corporation shall be distributed to its members, directors or officers. A corporation may pay compensation in a reasonable amount to its members, directors

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or officers for services rendered, may confer benefits upon its members in conformity with its purposes, and upon dissolution or final liquidation may make distributions to its members as permitted by this Code, and no such payment, benefit, or distribution shall be deemed to be a dividend or a distribution of income or profit. Code 22-2613 amended. Section 58. Said Act is further amended by striking in its entirety section 22-2806 and inserting in lieu thereof a new section 22-2806, to read as follows: 22-2806. Restated Articles of Incorporation. (a) A corporation may at any time restate its articles of incorporation as theretofore amended. (b) (1) If there are no members, or no members entitled to vote thereon, restated articles may be adopted by the board of directors as provided in section 22-2802 (a) (2) relating to the procedure for amending articles of incorporation. (2) In the case of a corporation with members entitled to vote with respect to amendments of the articles of incorporation, if the restated articles restate the text of the original articles as theretofore amended, without making any further amendment or change, the restated articles may be adopted by the board of directors without a vote of the members. In the alternative, the board may submit the proposed restated articles to the members for approval in accordance with section 22-2802 (a) (1). (c) Any amendment or amendments to the articles of incorporation may be adopted in the form of restated articles of incorporation. In such case, the restated articles shall be adopted in accordance with the applicable provisions of section 22-2802 relating to amendments of the articles of incorporation. (d) Upon adoption or approval of the proposed restated articles by the directors or the members, as the case may be, restated articles of incorporation shall be executed by

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the corporation as provided in section 22-2104, and shall set forth: (1) All provisions required by section 22-2702 to be included in original articles of incorporation at the time of restatement, except for the omissions expressly permitted by paragraph (e) of this section. (2) If the restated articles of incorporation restate the text of the original articles of incorporation as theretofore amended, without making any further amendment or change, that the restatement purports merely to restate but not to change the provisions of the original articles of incorporation as theretofore amended, and that there is no discrepancy, other than that expressly permitted by paragraph (e) of this section, between said provisions and the provisions of the restated articles. (3) If any amendment or amendments to the articles of incorporation are adopted in the form of restated articles of incorporation, that the restatement purports merely to restate all those provisions then in effect not being amended by such new amendment or amendments. (4) The date upon which the restatement was authorized by the directors or members, as the case may be. (5) If the restatement was authorized by the directors without a vote of the members, the director vote required to adopt the restatement and the number of the directors who voted for the restatement. (6) If the restatement was authorized by the members, the member vote required to adopt the restatement, the number of members required to vote, the vote for the restatement, and, if the members of any class are entitled to vote as a class, the number of members of each such class, and the vote of each such class for the restatement. (7) That the restated articles supersede the original articles of incorporation as theretofore amended.

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(e) A restated articles of incorporation need not include statements as to the incorporator or incorporators, the initial board of directors, the address of the initial registered office, or the name or names of the initial registered agent or agents. (f) The corporation shall cause the restated articles of incorporation to be presented to a judge of the superior court of the county where the registered office of the corporation is located in like manner as if it were an original articles of incorporation. The judge shall examine the same and, if found to be lawful and that the statement required by paragraph (2) or (3) of subsection (d), whichever is applicable, is correct, shall pass an order declaring the restated articles of incorporation granted. (g) The corporation shall thereupon cause to be delivered the original restated articles of incorporation, with the order of the judge, thereon, and two confirmed copies of such articles and of the order of the judge thereon to the clerk of the superior court, together with a fee of $15.00. If subsection (c) of this section is applicable, the corporation shall also cause to be delivered to the clerk an affidavit that the fee for legal advertising has been paid in accordance with section 22-905 relating to amendments of the articles of incorporation. (h) Upon compliance with the provisions of subsection (g) of this section the clerk shall file one copy of the restated articles of incorporation and of the order of the judge thereon, shall note thereon the date of such filing, and shall forthwith furnish to the corporation the original and one certified copy of the restated articles of incorporation, the order of the judge thereon, and the filing of the clerk thereon, and receipt for the costs which have been paid to the clerk. (i) The corporation shall cause to be delivered said original and certified copy to the Secretary of State who shall retain the original and shall attach to the certified copy a certificate stating that the restated articles of incorporation have been granted on the date named in the order

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of the judge and that the original restated articles of incorporation have been duly filed in the office of the Secretary of State and the fees paid therefor, as provided by law. The Secretary of State shall issue the certificate with the certified copy of the restated articles of incorporation attached thereto to the corporation or its attorney. (j) Upon the filing of the copy of the restated articles of incorporation and of the order of the judge thereon with the clerk of the superior court, the restated articles of incorporation shall become effective and shall supersede the original articles of incorporation as theretofore amended. (k) In the case of a corporation with members entitled to vote with respect to amendments of the articles of incorporation, when a restatement has been effected without a vote of the members, as permitted by paragraph (b) (2) of this section, that fact shall be disclosed in the next report that is furnished by the corporation to all its members, and in any event shall be disclosed to all its members within twelve months of the effective date of such restatement. Section 59. Said Act is further amended by adding to subsection (c) of section 22-3203 a new subparagraph, to be designated as subparagraph (3), to read as follows: (3) Abrogate or limit the law as to unfair competition or unfair trade practices; nor derogate from the common law, or principles of equity, or the statutes of this State or of the United States with respect to the right to acquire and protect trade names and trademarks. Code 22-3203 amended. Section 60. Said Act is further amended by adding in subparagraph (4) of subsection (a) of section 22-3205 the words or registered office after the words principal office, so that when so amended said sub-paragraph shall read as follows: (4) The address of the principal office or registered office of the corporation in the jurisdiction under the laws of which it is incorporated. Code 22-3205 amended.

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Section 61. Said Act is further amended by striking from subsection (b) of section 22-3210 the words State or Country and inserting in lieu thereof the word jurisdiction, so that when so amended said subsection shall read as follows: (b) Whenever a foreign corporation authorized to conduct affairs in this State shall fail to appoint or maintain a registered agent in this State, or whenever any such registered agent cannot with reasonable diligence be found at the registered office, or whenever the certificate of authority of a foreign corporation shall be suspended or revoked, then the Secretary of State shall be an agent of such corporation upon whom any such process, notice, or demand may be served. Service on the Secretary of State of any such process, notice, or demand shall be made by delivering to and leaving with him, or with any person having charge of the corporation department of his office, or with any other person or persons designated by the Secretary of State to receive such service, duplicate copies of such process, notice or demand. In the event any such process, notice or demand is served on the Secretary of State, he shall immediately cause one of such copies thereof to be forwarded by registered or certified mail, addressed to the corporation at its principal office in the jurisdiction under the laws of which it is incorporated. Any service so had on the Secretary of State shall be answerable in not less than 30 days. Code 22-3210 amended. Section 62. Said Act is further amended by striking from section 22-3211 the word authenticated and inserting in lieu thereof the word certified, so that when so amended said section shall read as follows: 22-3211. Amendment to articles of incorporation of foreign corporation. Whenever the articles of incorporation of a foreign corporation authorized to conduct affairs in this State are amended, such foreign corporation shall, within 30 days after such amendment becomes effective, file in the office of the Secretary of State a copy of such amendment or in lieu thereof, if provided for by its jurisdiction of incorporation, a copy of its restated, composite

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or consolidated articles of incorporation reflecting such amendment, duly certified by the proper officer of its jurisdiction of incorporation, together with a translation into English verified by the translator if the original is written in a foreign language; but the filing thereof shall not of itself enlarge or alter the purpose or purposes which such corporation is authorized to pursue in the conduct of affairs in this State, nor authorize such corporation to conduct affairs in this State under any other name than the name set forth in its certificate of authority. Section 63. Said Act is further amended by striking from section 22-3212 the word authenticated and inserting in lieu thereof the word certified, so that when so amended said section shall read as follows: 22-3212. Merger of foreign corporation authorized to conduct affairs in this State. Whenever a foreign corporation authorized to conduct affairs in this State shall be a party to statutory merger permitted by the laws of its jurisdiction of incorporation, and such corporation shall be the surviving corporation, it shall, within 30 days after such merger becomes effective, file with the Secretary of State a copy of the articles or agreement of merger duly certified by the proper officer of the jurisdiction under the laws of which such statutory merger was effected, together with a translation into English verified by the translator if the original is written in a foreign language; and it shall not be necessary for such corporation to procure either a new or amended certificate of authority to conduct affairs in this State unless the name of such corporation be changed thereby or unless the corporation desires to pursue in this State other or additional purposes than those which it is then authorized to pursue in this State. Section 64. Said Act is further amended by adding to subparagraph (2) of subsection (a) of section 22-3301 the words or registered office after the words principal office, so that when so amended said subparagraph shall read as follows:

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(2) The address of the registered office of the corporation in this State, and the name of its registered agent or agents in this State at such address, and, in the case of a foreign corporation, the address of its principal office or registered office in the jurisdiction under the laws of which it is incorporated. Code 22-3301 amended. Section 65. Said Act is further amended by striking subsection (a) of section 22-3504 in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) If the Secretary of State shall refuse to grant a name certificate, or shall revoke the reservation of a corporate name as provided in sections 22-2302 and 22-302 (e), or shall refuse to file any articles of incorporation, amendment, merger, consolidation, or dissolution, or any other document required by this Code to be filed by the Secretary of State, he shall, within 10 days after application for the name certificate is made, or his revocation of a reservation of a corporate name, or the delivery of any of the aforesaid documents to him, give written notice of his action to the person or corporation, domestic or foreign, making such application, or having made such reservation of corporate name, or delivering such document, specifying the date of and the reasons for his action. Within 40 days from the date of such action by the Secretary of State such person or corporation may appeal to the superior court of the county in which the registered office of such corporation is, or is supposed to be, situated by filing with the clerk of such court a petition setting forth a copy of such application, or of such reservation, or of the articles or other document sought to be filed and a copy of the written notice from the Secretary of State of his action; whereupon the matter shall promptly be tried de novo by the court without a jury, and the court shall either sustain the action of the Secretary of State or direct him to take such action as the court may deem proper. Code 22-3504 amended. Section 66. Said Act is further amended by striking from subsection (a) of section 22-3601 the following: within 30 days after written notice that it is overdue is sent by the Secretary of State to the registered office

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of the corporation in this State, or, if it has no such registered office, to its last known address either within or without the State as shown by the records of the Secretary of State,, Code 22-3601 amended. so that when so amended said subsection shall read as follows: (a) Each corporation, domestic or foreign, that fails or refuses to file its annual report for any year shall be penalized $50.00 for each year in which it so fails or refuses. Section 67. Said Act is further amended by striking from subsection (d) of section 22-3601 the figure 30 in the second sentence and inserting in lieu thereof the figure 60, so that when so amended said subsection shall read as follows: (d) When a corporation, domestic or foreign, fails or refuses to answer truthfully and fully within the time prescribed by section 22-3501 interrogatories propounded by the Secretary of State in accordance with section 22-3501, the Secretary of State shall certify such facts to the Attorney General and shall concurrently mail to the corporation at its registered office or, if there is no registered office, at its last known address as shown by the records of the Secretary of State, a notice that such certification has been made, together with a statement of the facts pertinent thereto. Within 60 days of the date of such certification, the Attorney General shall apply in the name of the State to the superior court of the county where the registered office or principal office of the corporation, as shown by the records of the Secretary of State, is situated for an order compelling the corporation to answer the interrogatories truthfully and fully unless prior to the filing of such application the corporation shall have so answered the interrogatories. If the corporation fails or refuses to comply with the order within 30 days from the date of its entry, such failure or refusal may be considered a contempt of that court and the corporation may be fined therefor in any amount not exceeding $500.00. Code 22-3601 amended.

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Section 68. Said Act is further amended by striking from subsection (a) of section 22-3602 the figure 30, from the second sentence, and inserting in lieu thereof the figure 60, so that when so amended said subsection shall read as follows: (a) When an officer or director of a corporation, domestic or foreign, fails or refuses within the time prescribed by section 22-3501 to answer truthfully and fully interrogatories propounded to him by the Secretary of State in accordance with section 22-3501, the Secretary of State shall certify such fact to the Attorney General and shall concurrently mail to the officer or director a notice, addressed to such officer or director at the registered office of the corporation or, if there is no such registered office, at the last-known address of the corporation as shown by the records of the Secretary of State, that such certification has been made, together with a statement of the facts pertinent thereto. Within 60 days of the date of such certification, the Attorney General shall apply in the name of the State to the superior court of the county where the registered office or principal office of the corporation, as shown by the records of the Secretary of State, is situated for an order compelling the officer or director to answer the interrogatories truthfully and fully, unless prior to the filing of such application the officer or director shall have so answered the interrogatories. If the officer or director fails or refuses to comply with the order within 30 days from the date of its entry, such failure or refusal may be considered a contempt of that court and the officer or director may be fined therefor in any amount not exceeding $500.00. Code 22-3602 amended. Section 69. Said Act is further amended by striking from section 22-4601 the following: , except banks, and by adding before the words to make a report the following: except banks and trust companies,, so that when so amended said section shall read as follows: 22-4601. Reports by Corporations. It shall be the duty of all corporations incorporated by the Secretary of State, except banks and trust companies, to make a report to the

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Secretary of State as soon as beginning operation, and annually thereafter, on or by the first day of November, embracing the following information: (1) Name of corporation. (2) When incorporated. (3) By what authority incorporated. (4) Where incorporated. (5) The nature of business. (6) Its principal office. (7) Capital stock issued, or no capital stock if such be the case. (8) Name and address of the four principal officers of the corporation. Section 70. Said Act is further amended by striking subsection (h) of section 22-4701 and inserting in lieu thereof a new subsection to read as follows: (h) Certification of a copy or for furnishing a certified copy of any document, instrument, or paper relating to a corporation, 30 cents per page, and $1 for the certificate and affixing the seal thereto. Code 22-4701 amended. Section 71. Said Act is further amended by adding to section 22-4701 a new subsection to be designated subsection (i) and to read as follows: Code 22-4701 amended. (i) filing a petition to amend a petition on file with the Secretary of State, $50. Section 72. Said Act is further amended by creating a new Code Chapter, to be designated as Chapter 22-48 and which shall read as follows:

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Chapter 22-48. Additional Specific Provisions 22-4801. Intention as to Part III. This Part III is intended to be and is merely a recompilation of existing statutes affecting and regulating corporations chartered by the Secretary of State, and merely complements and supplements the express provisions of existing statutes governing banking, insurance, railroad, canal, navigation, express, and telegraph companies. Section 73. Said Act is further amended by striking subsection (b) of section 22-5401 and inserting in lieu thereof a new subsection (b) to read as follows: (b) This section shall not apply to any action brought by a shareholder in the right of a corporation to procure a judgment in favor of the corporation. All such actions in the courts of this State on behalf of any domestic corporation, whether chartered by or incorporated by the superior court, the Secretary of State, or the General Assembly, and all such actions in the courts of this State on behalf of any foreign corporation shall be governed by sections 22-614, 22-615, and 22-714 of Part I of this Title. Code 22-5401 amended. Section 74. Said Act is further amended by adding to the end of Part IV thereof a new Code Chapter to be designated as Chapter 22-56 which shall read as follows: Chapter 22-56. Additional Specific Provisions 22-5601. Intention as to Part IV. This Part IV is intended to be and is merely a recompilation of existing statutes affecting and regulating corporations and is not intended to change or alter the legal status of any corporation in existence on the effective date of this Act. Section 75. Said Act is further amended by striking Code Chapter 22-99, relating to crimes, in general, and inserting in lieu thereof a new Code Chapter 22-99, which shall read as follows:

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Chapter 22-99. Crimes. 22-9901. Corporation contributions to influence official action. Any corporation, or officer thereof, or any person who shall violate the provisions of section 22-5105 on the subject of corporation contributions to influence official action shall be deemed guilty of a crime, and, on conviction shall be punished by a fine in the sum of 10 times the amount of the contribution made, but in no event shall said fine be less than $1,000; and in addition the officer or officers making or authorizing said contribution, or in anywise connected therewith, shall be punished by imprisonment in the penitentiary for not less than one year nor more than four years, unless the jury trying the case shall recommend him to the mercy of the court, in which event he shall pay the aforesaid fine prescribed, or in default be subjected to imprisonment not to exceed six months. 22-9902. Signing by officer or director of corporation of false documents to be filed with the Secretary of State. Each officer or director of a corporation, domestic or foreign, who signs any articles, statement, report, application or other documents which, under Part I (Chapters 22-1 through 22-20) or Part II (Chapters 22-21 through 22-40) of this Title, is to be filed with the Secretary of State, and which is known to such officer or director to be false in any material respect, shall be deemed to be guilty of a misdemeanor; and upon conviction thereof may be fined in any amount not exceeding $500. Section 76. Said Act is further amended by striking from both sentences of section 22-1421 (b) the words either....or after where the same appear so that said subparagraph (b) of section 22-1421 as amended shall read as follows: (b) No foreign corporation that under this Code is required to obtain a certificate of authority shall be permitted to maintain any action, suit or proceeding in any court of this State unless before commencement of the action it shall have obtained such a certificate. Nor shall any action, suit or proceeding be maintained in any court

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of this State by any foreign corporation that is the successor or assignee of such corporation on any right, claim or demand arising out of the transaction of business by such corporation in this State unless before commencement of the action a certificate of authority shall have been obtained by such corporation or by a corporation which has acquired all or substantially all of its assets. Code 22-1421 amended. Section 77. Said Act is further amended by striking subparagraph (c) of section 22-1421 in its entirety and substituting in lieu thereof the following as subparagraph (c) of section 22-1421. (c) The failure of a foreign corporation to obtain the certificate of authority to transact business in this State shall render voidable any contract of such foreign corporation arising out of business transacted in Georgia at the instance of any other party to such contract, but such voidability may be cured by the foreign corporation obtaining a certificate of authority provided such certificate of authority is obtained prior to final judgment in any action wherein this subparagraph is relied upon. The failure of such foreign corporation to obtain a certificate of authority shall not prevent such corporations from defending any action, suit or proceeding in any court of this State nor shall any party avail himself of the benefit of subparagraph (b) of this section except upon motion prior to judgment. Code 22-1421 amended. Section 78. Said Act is further amended by adding to the end of subparagraph (2) of subsection (a) of section 22-1408 the following: , or another domestic corporation, or a foreign corporation authorized to transact business in this State, such domestic or foreign corporation having a business office identical with such registered office., Code 22-1408 amended. so that said subparagraph, when so amended shall read as follows: (2) A registered agent or agents, which agent or agents may be either an individual or individuals resident in this

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State whose business office is identical with such registered office, or another domestic corporation, or a foreign corporation authorized to transact business in this State, such domestic or foreign corporation having a business office identical with such registered office. Section 79. An Act authorizing any and all eleemosynary institutions or religious corporations chartered in Georgia to exercise and carry on certain powers, approved February 17, 1943 (Ga. L. 1943, p. 1660), is hereby repealed in its entirety. 1943 Act repealed. Section 80. Said Act is further amended by striking section 22-405 in its entirety. Code 22-405 repealed. Section 81. Said Act is further amended by adding a new sentence at the end of subsection (a) of section 22-501 to read as follows: The voting rights of each series within a preferred or special class of shares may be fixed and determined by the articles of incorporation or, when permitted under section 22-502 (b), by resolution of the board of directors or shareholders. Code 22-501 amended. Section 82. Said Act is further amended by striking section 22-1419 in its entirety and substituting in lieu thereof the following: 22-1419. Application to Undomesticated Foreign Corporations Heretofore Authorized to Transact Business in this State . Undomesticated foreign corporations which have complied with an Act passed January 31, 1946 (Ga. L. 1946, p. 687), at the time this Code takes effect and which pursue in this State a purpose or purposes for which a corporation might be organized under any statute of this State, shall be entitled to all the rights and privileges applicable to foreign corporations procuring certificates of authority hereunder to transact business in this State, and from time this Code takes effect, such corporations shall be subject to all the limitations, restrictions, liabilities and duties prescribed herein for foreign corporations procuring

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certificates of authority hereunder to transact business in this State. Section 83. Said Act is further amended by adding at the end of section 22-2606 a new subparagraph to be designated subparagraph (e) and to read as follows: (e) Nothing in this section shall be construed to invalidate any executive committee validly created under the prior general corporate law and existing on the effective date of this Code. Code 22-2606 amended. Section 84. Said Act is further amended by striking subsection (d) of section 22-402 in its entirety and by substituting in lieu thereof a new subsection (d) to read as follows: (d) Any registered agent of a corporation may resign as such agent upon filing a written notice thereof with the Secretary of State. The appointment of such agent shall terminate upon the expiration of 30 days after receipt of such notice by the Secretary of State. There shall be attached to such notice an affidavit of such agent that at least 10 days prior to the date of filing such notice a written notice of the agent's intention to resign was mailed or delivered to the president, secretary or treasurer of the corporation for which such agent is acting. Code 22-402 amended. Section 85. Said Act is further amended by changing in subsection (a) of section 22-403 the comma (,) after the word complaint to a period (.) and by striking the words as if the registered agent were a defendant. Code 22-403 amended. Section 86. Said Act is further amended by adding at the the end of section 22-508 a new paragraph (h) to read as follows: (h) Nothing in this section shall be construed to invalidate any share certificate validity issued and outstanding on the effective date of this Code under the prior general corporation law. Code 22-508 amended.

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Section 87. Said Act is hereby amended by inserting after the phrase of all outstanding and before the word shares in the first sentence of subsection (b) of section 22-703 the word voting. Code 22-703 amended. Section 88. Said Act is hereby amended by adding at the end of section 22-708 a new subparagraph to be designated subparagraph (e) and to read as follows: (e) Nothing in this section shall be construed to invalidate any executive committee validity created under the prior general corporation law and existing on the effective date of this Code. Code 22-708 amended. Section 89. Said Act is hereby amended by inserting in subsection (b) of section 22-807 after the phrase articles of incorporation and before the phrase but any bylaws the phrase or in by laws previously adopted by the shareholders. Code 22-807 amended. Section 90. Said Act is hereby amended by striking subsection (c) of section 22-1005 in its entirety and by substituting in lieu thereof a new subsection (c) to read as follows: (c) In the event all the shares of a subsidiary corporation party to a merger effected under this section are not at the time owned by the parent corporation, the parent corporation shall, no later than ten days prior to the date on which the merger is to become effective, notify each shareholder of the subsidiary corporation that the merger is to become effective. The notice shall be sent by registered or certified mail, addressed to each such shareholder at his address as it appears on the records of the corporation, and shall contain a clear and concise statement that shareholders dissenting from the merger are entitled, if they comply with the provisions of this subsection, to be paid the fair value of their shares. A copy of the plan of merger or an outline of the material features of the plan shall accompany the notice. Within 20 days after the date of the mailing of the notice, any shareholder to whom the parent corporation was required to give such notice and

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who elects to dissent shall file with the corporation a notice of such as provided in section 22-1202 (c), and thereupon the parties shall have the rights and duties and shall follow the procedure set forth in subsections (d) through (k) of section 22-1202. Code 22-1005 amended. Section 91. Said Act is hereby amended by striking from subparagraph (1) of subsection (g) of Section 22-1202 the word nonjury. Code 22-1202 amended. Section 92. Said Act is further amended by striking the second sentence in subsection (a) of section 22-1401 which reads, No foreign corporation shall be entitled to procure a certificate of authority under this Code (Chapters 22-1 through 22-20) to transact in this State any business which a corporation organized under this Code is not permitted to transact. Code 22-1401 amended. and by substituting in lieu thereof the following: No foreign corporation shall be entitled to procure a certificate of authority under this Code to transact in this State any business which a corporation organized under the laws of this State is not permitted to transact, and no foreign corporation shall be entitled to procure a certificate of authority to transact any business in this State which under any of the laws of this State a foreign corporation is not permitted to transact. Any foreign corporation to which a certificate of authority is granted shall be subject to all the licensing and regulatory statutes of this State relating to businesses of the kind which the foreign corporation proposes to transact in this State. Section 93. Said Act is further amended by striking subsection (c) of section 22-1409 in its entirety and by substituting in lieu thereof a new subsection (c) to read as follows: (c) Any registered agent of a foreign corporation may resign as such agent upon filing a written notice thereof

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with the Secretary of State. The appointment of such agent shall terminate upon the expiration of 30 days after receipt of such notice by the Secretary of State. There shall be attached to such notice an affidavit of such agent that at least ten days prior to the date of filing such notice a written notice of the agent's intention to resign was mailed or delivered to the president, secretary, or treasurer of the corporation for which such agent is acting. Code 22-1409 amended. Section 94. Said Act is further amended by changing in subsection (a) of section 22-1410 after the word complaint the comma (,) to a period (.) and by striking the words as if the registered agent were a defendant. Code 22-1410 amended. Section 95. Said Act is further amended by striking in section 22-2104 the designation (a) at the beginning of said section. Code 22-2104 amended. Section 96. Said Act is further amended by striking section 22-2405 in its entirety. Code 22-2405 amended. Section 97. Said Act is further amended by striking subsection (a) of section 22-4109 in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) A corporation may forfeit its Charter: 1. By failure to file its annual report to the Secretary of State within the time required by section 22-4601, or by failure to file its annual license or occupation tax return on or before the day such return becomes due; or Code 22-4109 amended. 2. By having procured its Charter through fraud; or 3. By continuing, after written notice by the Secretary of State to the corporation at its last known address as shown by the records of the Secretary of State, to violate the laws of this State in a manner likely to injure the public or the corporation's shareholders, creditors, or debtors, except that the Secretary of State shall not declare a forfeiture on this ground so long as the corporation is

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contesting in good faith, in any appropriate judicial or administrative proceeding, the alleged violation or violations of the laws of this State. Section 98. Said Act is further amended by amending Chapter 22-48 thereof by adding thereto a new section to be designated section 22-4802 to read as follows: 22-4802. Intention as to Venue. Nothing in this Act shall affect existing statutes with respect to the venue of suits against railroad and electric companies, banking, insurance, canal, navigation, express and telegraph companies, which existing statutes include as to railroad and electric companies those statutes which are codified as Sections 41-201, 41-202 and 41-203 of the Code of Georgia of 1933; as to telegraph companies that statute codified as Section 104-208 of the Code of 1933; as to companies under the jurisdiction of the Georgia Public Service Commission the Acts of the General Assembly of Georgia as follows: Ga. Laws 1907, pp. 72, 79; Ga. Laws 1946, pp. 726, 756 (Section 93-416, Georgia Code Annotated). Section 99. Said Act is further amended by inserting in paragraph (2) of subsection (d) of section 22-803 after the phrase the official organ of said county and before the phrase (as of the date the phrase or which is a newspaper of general circulation published within said county whose annual statement of ownership and circulation reflects a minimum of sixty (60%) percent paid circulation. Code 22-803 amended. Section 100. Said Act is further amended by striking in subsection (a) of 22-802 the word representative and by substituting in lieu thereof the word attorney. Code 22-802 amended. Section 101. Said Act is further amended by inserting in subsection (a) of section 22-1313 after the phrase articles of dissolution, accompanied and before the phrase by a notice the phrase by the corporation's certification that all tax returns which were due the State have been filed and. Code 22-1313 amended.

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Section 102. Said Act is further amended by striking the last sentence of section 22-4301 in its entirety and by substituting in lieu thereof the following new sentence: Said corporation shall file with said application a certified abstract from the minutes of the corporation, showing that the application for renewal has been authorized by resolution which has been duly adopted by the affirmative vote of the holders of a majority of the shares entitled to vote thereon of such corporation at a meeting held for the purpose of passing upon such resolution duly certified by the president and secretary of such corporation. Code 22-4301 amended. Section 103. Said Act is further amended by striking section 22-4306 in its entirety and by substituting in lieu thereof a new section 22-4306 to read as follows: 22-4306. Petition for amendment of charter; fee; abstract of corporation minutes. Surrender of powers by insurance company. Any insurance, railroad, canal, navigation, express, or telegraph company, heretofore incorporated by the General Assembly by special Act, may amend its charter so as to acquire any or all of the corporate powers and privileges granted to a like corporation under the Acts already or to be hereafter passed, providing for the grant of corporate powers and privileges to such companies by the Secretary of State, by filing with the Secretary of State a petition signed with the corporate name, stating the name and character of the corporation, and date of the original Act of incorporation and all amendments thereto, that it desires an amendment to its charter by having granted to it the corporate powers and privileges granted to similar corporations by the Act, or certain specified sections of the Act, providing for the grant of corporate powers and privileges to (insert kind of company) by the Secretary of State, and paying to the Secretary of State the fee provided by law, to be covered by him into the treasury of the State, and also filing along with said petition a certified abstract from the minutes of the corporation, showing that the application for amendment has been authorized by resolution which has been duly adopted by the affirmative vote of the holders of a majority of

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the shares entitled to vote thereon of such corporation at a meeting held for the purpose of passing upon such resolution duly certified by the president and secretary of such corporation. Whenever any insurance company which, by its charter, is permitted to do other than a fire insurance business desires to abandon the same, or any part thereof, it may, upon application to the Secretary of State, relinquish and surrender any or all the powers and privileges granted to it for the conduct of such other business, provided no rights of contract be thereby violated. Section 104. This Act shall become effective April 1, 1969, or at such later date as the same shall be approved by the Governor or otherwise becomes law. Effective date. Section 105. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 28, 1969. STATE BOARD OF WORKMEN'S COMPENSATIONHEARINGS. Code 114-706 Amended. No. 179 (House Bill No. 852). An Act to amend Code section 114-706, as amended, relating to hearings before the State Board of Workmen's Compensation regarding disagreements, so as to provide for the taking of testimony of any person, including a party, by deposition upon oral examination or written interrogatories for the purpose of discovery or to procure evidence for admission at a hearing, even though such person may be available to testify in person at the hearing; to provide for an effective date; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 114-706, as amended, relating to hearings before the State Board of Workmen's Compensation regarding disagreements, is hereby amended by

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striking Code section 114-706 in its entirety and substituting in lieu thereof a new Code section 114-706, to read as follows: If the employer and the injured employee or his dependents fail to reach an agreement in regard to compensation under this Title, or if they have reached such an agreement which has been signed and filed with the State Board of Workmen's Compensation, and compensation has been paid, or is due in accordance therewith, and the parties thereto then disagree as to the continuance of any weekly payment under such agreement, either party may make application to the Board for a hearing in regard to the matters at issue, and for a ruling thereon. Immediately after such application has been received, the Board shall set a date for a hearing, which shall be held as soon as practicable, and shall notify the parties at issue of the time and place of such hearing. The hearing shall be held in the county where the injury occurred if the same occurred in this State, unless otherwise agreed between the parties and authorized by the Board. If the injury occurred without the State and is one for which compensation is payable under this Title, then the hearing above referred to may be held in the county of the employer's residence or place of business, or in any other county of the State which will in the discretion of the Board, be the most convenient for a hearing. At any time after notice of request that a claim be set for hearing, if either party desires to take the testimony of any person within or without the State, including a party, by deposition upon oral examination or written interrogatories, whether for submission as evidence or for the purpose of discovery, or both, he may take such testimony in accordance with the procedural rules then in effect in civil cases in the superior courts of this State; provided that any testimony taken pursuant to this section may, within the discretion of the presiding deputy director, director, or directors, be admissible as evidence at said hearing and all future related hearings whether or not the deponent is available to testify in person at the hearing, whether or not he in fact does testify, and whether or not the testimony was originally taken for the purpose of discovery or evidence or both.

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Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 28, 1969. LOOKOUT MOUNTAIN JUDICIAL CIRCUITCOMPENSATION OF COURT REPORTER. No. 180 (House Bill No. 950). An Act to provide a salary for the official court reporter of the Lookout Mountain Judicial Circuit for attendance upon the said superior courts and for the taking down of criminal cases; to provide for the manner of payment therefor; to provide definite and uniform compensation to be paid to such court reporter for the preparation of criminal and civil transcripts in said superior courts; 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. The court reporter of the Lookout Mountain Judicial Circuit shall be paid an annual salary of $7500.00, which shall be paid in equal monthly installments by the authority having charge of the fiscal affairs of the counties embracing said judicial circuit in the same manner as other county expenses are paid or upon the order of the presiding judges of said circuit. Walker County shall pay $3570.00 per annum, Dade County shall pay $716.00 per annum. Chattooga County shall pay $1072.00 per annum, and Catoosa County shall pay $2142.00 per annum. Said salary compensation shall be in lieu of all fees and any other compensation provided by law for attending the superior courts in the counties comprising said judicial circuit as directed by the

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presiding judges of said circuit and the taking down of testimony in the trial of such criminal cases as are required by law to be recorded, including a committal court when ordered to do so by said judges at the request of the district attorney of said circuit. Salary. (a) That the official court reporter of the superior courts of said circuit shall be paid the following compensation for preparation of criminal trial transcripts in the superior courts, and in the Civil and Criminal Courts (City Courts) of said cricuit; said compensation shall be paid by the authority having charge of the fiscal affairs of the respective counties upon the order of the presiding judges of said courts: For each legal page 8[UNK] [UNK] 14[UNK] and having thereon at least 23 lines, the sum of sixty (60) cents per page for each transcript copy required by law under Code Section 6-805 (Ga. L. 1965, p. 18, as amended, and subsequent amendments); and the further sum of thirty (30) cents per page for such additional copy or copies as may be ordered by any party or parties; provided, however, when the copies are requested by any State or County officer, the copy shall be furnished at actual cost of duplication, and when duplicated by the officer, a copy shall be furnished without expense. Transcripts in criminal cases. (b) That the official court reporter of the superior courts of said circuit shall be paid the following compensation for preparation of civil trial transcripts in the superior courts, and in the City Courts (Civil and Criminal Courts) of the counties within said circuit: The rate to be paid to court reporters by parties litigant for civil cases shall not exceed 20 per 100 words for takedown, and $1.10 per legal page (8[UNK] [UNK] 14[UNK]), and having at least 23 lines, for the transcript of the proceedings and evidence as required by an appellant. Any additional copy or copies of the appellant's transcript which may be ordered by an appellee, or any other person, shall not exceed the rate of 30 per page of such transcript. Transcripts in civil cases. (c) That in all transcripts covered by this Act, an exhibit page shall be compensated at the same rate as the transcript pages, or the actual costs of reproducing each exhibit, whichever is the greater, regardless of the number of lines

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involved, provided the cost of reproducing an exhibit, whether by carbon, photostatic, or photographic reproduction, shall be borne by the court reporter. Exhibits. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 28, 1969. LEASE OF LAND TO CALHOUN ELKS HOME, INC. AUTHORIZED. No. 6 (House Resolution No. 188-490). A Resolution. Authorizing the conveyance of a certain tract of Stateowned property; and for other purposes. Whereas, on November 19, 1956, the New Echota Cherokee Foundation, Inc., conveyed approximately 202 acres to the State of Georgia to be used for the purpose of restoring New Echota, the last capital of the Cherokee Indian Nation; and Whereas, except for approximately 28 acres, such property, as was conveyed to the State of Georgia, lies south of State Highway 225; and Whereas, upon the property south of said Highway 225, a museum and other buildings have been erected and are being utilized by the State of Georgia for the purposes for which conveyed; and Whereas, the approximately 28 acres north of said highway has not been developed and is not presently being used by the State of Georgia; and

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Whereas, said 28 acres adjoins property owned by the Calhoun Elks Home, Inc.; and Whereas, the Calhoun Elks Home, Inc., is desirous of leasing said 28 acres for a period of 20 years for the purpose of constructing thereon an addition of nine holes to their existing nine-hole golf course; and Whereas, said tract desired by the Calhoun Elks Home, Inc., is more particularly described as follows: All that tract or parcel of land lying and being in the fourteenth district and third section of Gordon County, Georgia, and being parts of land lots 124 and 125, and more particularly described as follows: Commencing at a point where the northern boundary of the right-of-way of Georgia Highway 225 intersects New Town Creek, and proceeding in a generally westerly direction along the northern boundary of Georgia Highway 225 for a distance of 1,817 feet to a point; thence north 10 east for a distance of 210 feet to a point; thence north 86 west for a distance of 210 feet to a point; thence north 10 east for a distance of 230 feet to a point; thence east for a distance of 1,820 feet to a point and the intersection of New Town Creek; and thence in a generally southerly direction along the meanderings of said New Town Creek for a distance of 907.8 feet to a point which is the point of beginning. Now, therefore, be it resolved by the General Assembly of Georgia that the control and jurisdiction over said tract of land hereinabove described is hereby transferred to the State Properties Control Commission and said Commission is hereby authorized to lease said tract of land to the Calhoun Elks Home, Inc., for a period of 20 years, the consideration for said lease to be as agreed upon by said Commission and said Corporation, but the instrument or instruments leasing said tract of land shall contain a provision that said lease may be cancelled by the State Properties Control Commission upon the recommendation of the Georgia Historical Commission when at least one

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year's notice is given to the lessee prior to such cancellation. Be it further resolved that the Chairman of the State Properties Control Commission, acting for and on behalf of said Commission, and a duly authorized officer of the Calhoun Elks Home, Inc., are hereby authorized to execute the instrument or instruments necessary to carry out the provisions of this Resolution, and any such instrument or instruments shall be attested by the Secretary of said Commission and a duly authorized officer of the Calhoun Elks Home, Inc. Approved April 1, 1969. LAND CONVEYANCE TO DAWSON IMPLEMENT COMPANY AUTHORIZED. No. 7 (House Resolution No. 298-851). A Resolution. Authorizing the conveyance of certain real estate located in the City of Dawson, Terrell County, Georgia; and for other purposes. Whereas, the real property described below was deeded to the State Highway Department because the said department planned to use it for certain purposes which have never been implemented; and Whereas, the State Highway Department no longer has any use for the said property, so it is only just and proper that the property be reconveyed to the Dawson Implement Company, a Georgia Corporation; and Whereas, the property is more fully described as follows: All that tract or parcel of land situate, lying and being in the City of Dawson, Terrell County, Georgia, being

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a small portion of Lot of Land No. 18 in the Third Land District of said county and being more specifically described as follows: `Beginning at a reference point which reference point is a concrete monument located at the intersection of the right-of-way of U.S. Highway No. 82 (also State Route No. 50), at a point where the city limits of said City of Dawson intersects with the northern margin of said U. S. Highway 82 (also State Route No. 50) and from said reference point run thence in a northwesterly direction along the northern marign of said U. S. Highway No. 82 (also State Route No. 50) for a distance of 443.3 feet to the point of beginning. And from said point of beginning run thence in a southwesterly direction to the northern margin of U. S. Highway No. 82 (also State Route No. 50) which is a distance of 31 feet from said point of beginning; thence run in a northwesterly direction along the northern margin of U. S. Highway No. 82 (also State Route No. 50) to the eastern margin of that street now known as Pecan Street in said City of Dawson; thence run in a northerly direction along the eastern margin of Pecan Street to the northern margin of Lot of Land No. 18 in the Third Land District; thence run due east along said northern margin of Lot of Land No. 18 to the property of Dawson Implement Company; thence run in a southeasterly direction south 43 degrees 02 minutes east for a distance of 328.6 feet to a point; thence continue in a southeasterly direction south 59 degrees 14 minutes east for a distance of 158 feet to the point of beginning.' Now, therefore, be it resolved by the General Assembly of Georgia that it finds the above-described property to be surplus, and authorizes and empowers the Governor, acting for and on behalf of the State of Georgia, to grant, bargain, sell and convey to the Dawson Implement Company, a Georgia Corporation, for such consideration as is agreed upon, all of the rights, titles and interests the State of Georgia has in the above-described tract. Be it further resolved that the Governor, acting on behalf of the State, is hereby further authorized and empowered

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to execute and deliver deeds or other written instruments that may be necessary to carry out the provisions of this Resolution. Approved April 3, 1969. ACT CREATING COBB JUDICIAL CIRCUIT AMENDED. No. 181 (House Bill No. 204). 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, 1965 (Ga. L. 1965, p. 548), an Act approved March 2, 1966 (Ga. L. 1966, p. 107), an Act approved April 11, 1967 (Ga. L. 1967, p. 465), an Act approved April 18, 1967 (Ga. L. 1967, p. 776), and an Act approved March 11, 1968 (Ga. L. 1968, p. 285), so as to provide for the number of assistant district attorneys that may be employed by the district attorney; to provide for the salaries of the assistant district attorneys; to provide for a supplement for judges of the Cobb County Superior Court; to provide for the salary of the district attorney; to change the compensation of the investigator; to provide for the compensation, duties and responsibilities of the district attorney and the assistant district attorney; to provide for the qualifications of the assistant district attorney; to authorize additional investigators upon approval by the governing authority of Cobb County, Georgia; to authorize the governing authority of Cobb County, Georgia to provide for travel expenses for the district attorney and/or his investigators; to repeal conflicting laws; to provide an effective date; and for other purposes.

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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), an Act approved April 11, 1967 (Ga. L. 1967, p. 465), an Act approved April 18, 1967 (Ga. L. 1967, p. 776), and an Act approved March 11, 1968 (Ga. L. 1968, p. 285), is hereby amended by striking section 4 in its entirety, and substituting a new section 4 to read as follows: Section 4. The offices of the judges and the district attorney of the Superior Court of the Cobb Judicial Circuit are hereby created. Each judge of the Superior Court of the Cobb Judicial Circuit shall receive a supplement from the general funds of Cobb County in such an amount so that the combined total of such local supplement, compensation from State funds and any contingent expense allowance from State funds shall be in such an amount that each such judge shall receive $26,000.00 per annum as remuneration for services rendered as a Superior Court Judge of the Cobb Judicial Court. In the event such compensation from State funds and such contingent expense allowance from State funds is $26,000.00 or more per annum, such local supplement provided herein shall be discontinued. The district attorney of the Cobb Judicial Circuit shall receive a supplement from the general funds of Cobb County in such an amount so that the combined total of such local supplement, compensation from State funds and any contingent expense allowance from State funds shall be in such an amount that such district attorney shall receive $25,250.00 per annum as remuneration for services rendered as the district attorney of the Cobb Judicial Circuit. In the event such compensation from State funds and such contingent expense allowance from State funds is $25,250.00 or more per annum, such

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local supplement provided herein shall be discontinued. The district attorney 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 district attorney of the Cobb Judicial Circuit and all future district attorneys 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 district attorney of the Cobb Judicial Circuit. Salaries. Section 2. Said Act is further amended by striking Section 4 (a) in its entirety and inserting in lieu thereof a new section 4 (a) to read as follows: Section 4. (a) Said district attorney is hereby authorized to appoint an investigator, Cobb Judicial Circuit, to serve at the pleasure of said district attorney, and to generally perform such duties as may be assigned by said district attorney. He shall have the same power to make arrests, to execute and return all criminal warrants and processes and serve as a peace officer as may be performed by a sheriff; he shall be subpoena clerk in the superior court for the purpose of summoning witnesses before the grand jury. He shall receive as compensation for the performance of such duties, the sum of $8,360.00 per annum, which shall be paid in equal monthly installments from the general funds of Cobb County, Georgia. Investigator. Section 3. Said Act is further amended by striking therefrom section 4B (Ga. L. 1965, p. 548, et seq.) of said Act in its entirety, and substituting a new section 4B to read as follows: Section 4B. The district attorney is hereby authorized to appoint two full-time assistant district attorneys and one part-time assistant district attorney to serve at the pleasure of the district attorney, who shall assist the district attorney in the performance of his duties. Said assistant district attorneys shall have been admitted to the practice of law in all of the Courts of the State of Georgia, and be members in good standing of the State Bar of Georgia, and shall be authorized to serve in the place of the district

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attorney, in his absence or disqualification. The assistant district attorneys shall be compensated in the sum of not less than $9,000.00 nor more than $14,000.00 per annum. The exact amount of said compensation shall be determined by the district attorney of the Cobb Judicial Court. Said sums to be payable in equal monthly installments from the general funds of said county. In the event of the absence or disqualification of the district attorney, the part-time assistant district attorney shall assume his duties and the part-time assistant district attorney is hereby required to have the same qualifications as the Constitution and laws of the State of Georgia provide for the District Attorney. Assistant district attorneys. Section 4. Said Act is further amended by striking therefrom section 4C (Ga. L. 1968, p. 285, et seq.), and also section 4 (C) (Ga. L. 1967, p. 776), in their entirety, and substituting a new section 4C to read as follows: Section 4C. The district attorney of the Cobb Judicial Circuit is hereby authorized to appoint such additional investigators as may be approved by the governing authority of Cobb County. Such additional investigators shall serve at the pleasure of said District Attorney, and shall perform such duties as many be assigned by the District Attorney. The compensation of any additional investigators so appointed shall be fixed by the governing authority of Cobb County and shall be paid in equal monthly installments from the funds of Cobb County; provided, however, that no investigator now employed by the District Attorney's office shall receive less compensation than he is receiving at the time of the passage of this Act. Additional investigators. Section 5. Said Act is further amended by adding at the end of section 4C a new section to be known and designated as section 4D, said section 4D to read as follows: Section 4D. The governing authority of Cobb County is hereby authorized to provide travel expenses for the district attorney and/or his investigators, in such sums and amounts as may from time to time be deemed necessary by the governing authority. Travel expenses.

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Section 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 1, 1969. SOUTHERN JUDICIAL CIRCUITADDITIONAL JUDGE. No. 183 (House Bill No. 407). An Act to add one additional judge of the superior courts of the Southern Judicial Circuit of Georgia; to provide for the appointment of the first such additional judge by the Governor; to provide for the election of successors to the judge initially appointed; to prescribe the powers of said judge; to prescribe the compensation, salary, and expense allowance of said judge to be paid by the State of Georgia and the counties comprising said circuit; to authorize the judges of said courts to divide and allocate the work and duties thereof; to require candidates for such judgeships to designate the places for which they are running; to provide for the manner of empanelling jurors; to provide for an additional court reporter for said circuit; to provide for courtroom and chamber space; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Under and in accordance with the provisions of Article VI, Section III, Paragraph I, of the Constitution of the State of Georgia of 1945 (Ga. Code Ann., Sec. 2-3801), one additional judge of the superior courts for the Southern Judicial Circuit of Georgia is hereby added, thereby increasing to two the number of judges of the superior courts for said circuit, effective April 1, 1969. Additional judge.

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Section 2. Said additional judge shall be appointed by the Governor for a term of office beginning April 1, 1969, and continuing through December 31, 1970, and until his successor is elected and qualified; such judge shall be appointed by the Governor prior to April 1, 1969, and shall take office on that date. His successor shall be elected in a manner provided by law for the election of judges of the superior courts of this State at the general election in November, 1970, for a term of four years beginning on the first day of January, 1971, and until his successor shall have been elected and qualified. Future successors shall be elected at the general election each four years for terms of four years and until their successors are elected and qualified. They shall take office on the first day of January following the date of the election. Such elections shall be held and conducted in the manner hereafter provided by law for the election of judges of superior courts of this State. Appointment, etc. Section 3. Every person who offers for nomination and election as one of the judges of said superior courts for the Southern Judicial Circuit of Georgia shall designate with the State party authority in all State primaries and with the proper authority in all general elections the specific place for which he offers by naming the incumbent judge whom he desires to succeed and thereupon he shall be qualified, if otherwise qualified, to run for said specific judgeship and no other. In the event there is no incumbent judge in the place for which he desires to offer, the candidate shall qualify by announcing his intention to run for the office for which there is no incumbent. Elections. Section 4. The additional judge of the superior courts for the Southern Judicial Circuit of Georgia shall have and may exercise all powers, duties, dignity, jurisdiction, privileges and immunities of the present judges of the superior courts of this State. Either of the two judges of said courts may preside over any cause, whether in their own or in other circuits, and perform any official act as judge thereof, including sitting on appellate courts as provided by law. Powers, etc. Section 5. The qualifications of such additional judge and his successors shall be the same as are now provided by

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law for all other superior court judges, and his compensation, salary, and expense allowance from the State of Georgia and from the counties of such circuit shall be the same as that of the other judge of the superior courts of the Southern Judicial Circuit. The provisions heretofore enacted for supplement by the counties of said circuit for the present judge shall also be applicable to the additional judge provided for by this Act. Qualifications. Section 6. All writs and processes in the superior courts of the Southern Judicial Circuit shall be returnable to the terms of said superior courts as they are now fixed and provided by law, or as they may hereafter be fixed or determined by law, and all terms of said courts shall be held in the same manner as though there were but one judge, it being the intent and purpose of this Act to provide two judges co-equal in jurisdiction and authority to attend to and perform the functions, powers and duties of the judges of said superior courts and to direct and conduct all hearings and trials in said courts. Intent. Section 7. The two judges of the superior courts for the Southern Judicial Circuit of Georgia in transacting the business of said courts and in performing their duties and responsibilities, shall share, divide and allocate the work and duties to be performed by each. In the event of any disagreement between said judges in any respect hereof, the decision of the senior judge in point of service, who shall be known as the chief judge, shall be controlling. The judge of the superior courts serving at the time this Act becomes effective shall be the first senior judge and shall continue as long as he shall serve. Thereafter, the judge with the longest period of time of service shall be the senior judge. The senior judge shall have the right to appoint referees of the juvenile courts of the counties comprising said circuit; and, in the event a juvenile court is established in any county within said circuit under the provisions of the Juvenile Court Act of 1951, as amended, (Ga. Laws Code Ann., Sec. 24-2403), the senior judge in point of continuous service shall appoint the judge of said court as provided by law. The two judges of the superior courts of the Southern Judicial Circuit shall have, and they are hereby clothed with full power,

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authority and discretion to determine from time to time, and term to term, the manner of calling the dockets and/or fixing the calendars and order of business in said courts. They may assign the hearing of trials by jury for a term to one of said judges, and the hearing of all other matters not requiring a trial by a jury to the other judge, and they may alternate such order of business at the next term. They may either of them conduct trials by jury at the same time in the same county or otherwise within said circuit, or they may both or any one of them hear chambers business and motion business at the same time at any place within said circuit. They may provide in all respects for holding the superior courts of said circuit so as to facilitate the hearing and determination of all the business of said courts at any time pending and ready for trial or hearing. In all such matters relating to the manner of fixing, arranging for, and disposing of the business of said courts, and making appointments as authorized by law where the judges thereof cannot agree or shall differ, the opinion or order of the senior judge as hereinbefore defined shall control. Duties. Section 8. The drawing and empanelling of all jurors, whether grand, petit, or special may be by either of the judges of the superior courts of said circuit, and they, or either of them, shall have full power and authority to draw and empanel jurors for service in said courts so as to have jurors for the trial of cases before either of said judges separately, or before each of them at the same time. Juries. Section 9. The two judges of the Southern 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 reporters. Section 10. The governing authority of the respective counties comprising the Southern Judicial Circuit are hereby fully authorized and empowered to provide such suitable courtroom, jury rooms and chambers for the two judges of the Southern Judicial Circuit as may be necessary upon the recommendation of said judges. Courtrooms, etc. Section 11. All writs, processes, orders, subpoenas, and any other official paper issuing out of the superior courts

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of the Southern Judicial Circuit may bear teste in the name of any judge of said Southern Judicial Circuit, and when issued by and in the name of any judge of said circuit, shall be fully valid and may be heard and determined before the same or any other judge of said circuit. Any judge of said courts may preside over any cause therein and perform any official act as judge thereof. Writs, etc. Section 12. The sections of this Act are separately enacted and it is the intention of the General Assembly that if any one or more sections of this Act should be declared unconstitutional by the Supreme Court of Georgia, or the Supreme Court of the United States, such declaration shall not affect the other or remaining sections of this Act. Severability. Section 13. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 14. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 1, 1969. HENRY COUNTY SUPERIOR COURTTERMS. No. 187 (House Bill No. 765). An Act to change the terms of the superior court of Henry County; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Beginning with the year 1969, and each year thereafter, the superior court of Henry County shall convene on the second, third and fourth Mondays of January, April, July and October. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 1, 1969.

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CRIMESDISTRIBUTION OF DESCRIBED HARMFUL MATERIAL TO MINORS. No. 191 (House Bill No. 61). An Act to prohibit the sale or delivery of certain harmful materials to minors; to define certain terms; to provide that it shall be unlawful to exhibit to minors certain prohibited practices; to provide that it shall be unlawful for minors to falsely represent their age to gain access to prohibited practices; to provide for procedures for the commencement of enforcement and for application for the declaratory judgment; to provide that it shall be unlawful for any person to make false representation that he is the parent or guardian of minor for the purpose of gaining minor access to prohibited practices; to place certain limitations upon the prosecution of persons accused of violating this Act; to provide for exceptions; to provide for penalties; to provide the procedures connected with the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Definitions. As used in this Act: (a) Minor means any unmarried person under the age of eighteen years. (b) Nudity means the showing of the human male or female genitals, public area or buttocks with less than a full opaque covering, or the depiction of covered male genitals in a discernibly turgid state. (c) Sexual conduct means acts of masturbation, homosexuality, sodomy, sexual intercourse, or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks or, if such person be female, breast. (d) Sexual excitement means the condition of human male or female genitals when in a state of sexual stimulation or arousal.

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(e) Sado-masochistic abuse means flagellation or torture by or upon a person clad in undergarments, a mask or bizarre costume, or the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed. (f) Harmful to minors means that quality of any description or representation, in whatever form, of nudity, sexual conduct, sexual excitement, or sado-masochistic abuse, when it: (i) predominantly appeals to the prurient, shameful or morbid interest of minors, and (ii) is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable materials for minors, and (iii) is utterly without redeeming social importance for minors. (g) knowingly means having general knowledge of, or reason to know, or a belief or reasonable ground for belief which warrants further inspection or inquiry or both: (i) the character and content of any material described herein, which is reasonably susceptible of examination by the defendant, and (ii) the age of the minor, provided however, that an honest mistake shall constitute an excuse from liability hereunder if the defendant made a reasonable bona fide attempt to ascertain the true age of such minor. Section 2. Offenses. It shall be unlawful for person knowingly to sell, deliver, distribute, display for sale or provide to a minor, or knowingly to possess with intent to sell, deliver, distribute, display for sale or provide to a minor: (a) Any picture, photograph, drawing, sculpture, motion picture film, or similar visual representation or image of a

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person or portion of the human body, or any replica, article or device having the appearance of either male or female genitals which depicts nudity, sexual conduct, sexual excitement or sado-masochistic abuse and which is harmful to minors, or (b) Any book, pamphlet, magazine, printed matter however produced, or sound recording which contains any matter enumerated in paragraph (a) hereof, or explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexual conduct or sado-masochistic abuse and which, taken as a whole, is harmful to minors. Section 3. It shall be unlawful for any person knowingly to exhibit to a minor or knowingly to provide to a minor an admission ticket or pass or knowingly to admit a minor to premises whereon there is exhibited, a motion picture, show or other presentation which, in whole or in part, depicts nudity, sexual conduct or sado-masochistic abuse and which is harmful to minors. Crimes. Section 4. (a) No prosecution may be commenced against any person under this Act for violations of sections 2 and 3 unless the district attorney of the judicial circuit in which the crime occurs has served the accused with prior written notice that the district attorney has determined the material upon which the prosecution is based to be in violation of this Act and the accused has, after receiving such notice, violated the terms of this Act. Any person who receives such written notice shall have the right within 30 days to seek a determination as to the correctness thereof under the provisions of an Act relating to declaratory judgments, approved February 12, 1945 (Ga. L. 1945, p. 137), as now or hereafter amended, but no such action shall, by reason of the commencement thereof, stay the further enforcement of this Act. In the event this subsection 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 this subsection so declared or adjudged invalid or unconstitutional was not originally a part hereof. The General Assembly hereby declares

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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. Prosecutions, severability of act. (b) No prosecution may be commenced against any person under this Act for violations of sections 2 and 3 except by the district attorney of the judicial circuit in which the crime occurs. Section 5. No person shall be guilty of violating the provisions of this Act: (a) Where such person had reasonable cause to believe that the minor involved was 18 years old or more, and such minor exhibited to such person a draft card, driver's license, birth certificate or other official or apparently official document purporting to establish that such minor was 18 years old or more; or Exemptions. (b) That the person was the parent or guardian of the minor, or that the minor was accompanied by his parent or guardian, or the parent or guardian has in writing waived the application of this Act either generally or with reference to the particular transaction, or (c) Where such person is a bona fide school, museum or public library, or is acting in his capacity as an employee of such organization, or as a retail outlet affiliated with and serving the educational purposes of such organization. Section 6. (a) It shall be unlawful for any minor to falsely represent to any person mentioned in section 2 or section 3 of this Act, or to his agent, that such minor is 18 years of age or older, with the intent to procure any material set forth in section 2 of this Act, or with the intent to procure such minor's admission to any motion picture, show or other presentation, as set forth in section 3 of this Act. Crimes. (b) It shall be unlawful for any person to knowingly make a false representation to any person mentioned in section 2 or section 3 of this Act, or to his agent, that he is the parent or guardian of any minor, or that any minor is 18

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years of age, with the intent to procure any material set forth in section 2 of this Act, or with the intent to procure such minor's admission to any motion picture, show or other presentation, as set forth in section 3 of this Act. Section 7. Purpose and Intent of Act. During the past several years the sale or distribution of harmful materials to minors has become a matter of increasingly grave concern to the people of this State. The elimination of such sales and the consequent protection of minors from harmful materials are in the best interests of the morals and general welfare of the citizens of this State, in general, and of minors in this State, in particular. The accomplishment of these ends can best be achieved by providing public prosecutors with an effective power to commence criminal proceedings against persons who engage in the sale of harmful materials to minors. Section 8. (a) A person convicted of violating section 2 or 3 of this Act shall be punished by imprisonment of not less than one nor more than five years or by a fine not to exceed $5,000.00 or both. Punishment. (b) Any person violating the provisions of section 6 of this Act shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor. Section 9. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Severability. Section 10. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date.

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Section 11. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 2, 1969. TEACHERS' RETIREMENT SYSTEM ACT AMENDED. No. 192 (House Bill No. 195). An Act to amend an Act establishing a retirement system for teachers in the State public schools and other State-supported schools, approved March 19, 1943 (Ga. L. 1943, p. 640), as amended, so as to provide that certain teachers who are members of the Teachers' Retirement System shall be eligible to continue membership in said retirement system; to provide for all matters relative to 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 system for teachers in the State public schools and other State-supported schools, approved March 19, 1943 (Ga. L. 1943, p. 640), as amended, is hereby amended by adding a new subsection (5) at the end of section 3 to read as follows: (5) Any person who is a teacher in both a public school and a private school system on the effective date of this Act and who has been in that system for the immediately preceding five (5) years and who is a member of the Teacher's Retirement System on the effective date of this Act shall be eligible to continue his membership in said retirement system; provided that the employer's contribution shall be paid by the system in which such person is teaching. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 2, 1969.

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GEORGIA MILITARY FORCES REORGANIZATION ACT OF 1955 AMENDED. No. 193 (House Bill No. 332). An Act to amend an Act known as the Georgia Military Forces Reorganization Act of 1955, approved February 2, 1955 (Ga. L. 1955, p. 10), as amended, particularly by an Act approved March 18, 1964 (Ga. L. 1964, p. 684), so as to provide that members and units of the organized militia may be ordered to State active duty by the Governor when, in his judgment, there exists a possibility of imminent danger of disaster, riot, insurrection or gross breach of the peace; to provide that any commissioned officer of the organized militia who absents himself without leave for three months may (instead of shall) be dismissed by the Governor; to clarify certain provisions relating to pay and allowances for State active duty; to provide for relief from civil or criminal liability of any member of the militia for any act done by him in his official capacity in the discharge of any duty under this Act, to authorize the Governor to direct the Attorney General to defend any civil or criminal action brought against any member of the organized militia for any act done by him in the performance of his duty while in the active service of this State; to provide that when called to certain State active service, members of the organized militia shall have the same powers of arrest and apprehension as do law enforcement officers; 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 Military Forces Reorganization Act of 1955, approved February 2, 1955 (Ga. L. 1955, p. 10), as amended, particularly by an Act approved March 18, 1964 (Ga. L. 1964, p. 684), is hereby amended by striking section 32 in its entirety and by inserting in lieu thereof a new section 32, which shall read as follows:

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Section 32. Assemblies, annual training and other duty. (a) Members and units of the organized militia shall assembly for drill, or other equivalent training, instruction or duties during each year and shall participate in field training, encampments, maneuvers, schools, conferences, cruises or other similar duties each year as may be prescribed by the laws of the United States and of this Act and the regulation issued thereunder; provided, that no assembly of any unit of the organized militia shall be ordered in time of peace for any day during which a State or Federal election shall be held, except in case of disaster, riot, invasion or insurrection or imminent danger thereof. (b) Members of the organized militia may be ordered by the Governor or under his authority to perform special duty, including but not limited to duty in a judicial proceeding or course of justice conducted pursuant to Article VII of this Act or as a member of or in any other capacity with any military board or as an investigating officer or as a medical examiner. (c) Members and units of the organized militia may be ordered by the Governor to State active duty when in his judgment, there exists a possibility of imminent danger of disaster, riot, insurrection or gross breach of peace. Provided, however, that when so called to such State active duty, members and units may not be deployed to quell riots, insurrection or gross breach of the peace or to maintain order until an emergency has first been declared as provided in section 7 of this Act or section 2 of an Act approved February 15, 1967 (Ga. L. 1957, p. 44). Section 2. Said Act is further amended by striking from section 48 the word shall and by inserting in lieu thereof the word may, so that when so amended section 48 shall read as follows: Section 48. Absence without leave: dropping from the rolls: dismissal. Any commissioned officer of the organized militia who absents himself without leave for three months may be dismissed by the Governor.

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Section 3. Said Act is further amended by striking section 75 in its entirety and inserting in lieu thereof a new section 75 which shall read as follows: Section 75. Pay and Allowances. (a) Each member of the militia ordered into the active service of the State pursuant to sections 7 and 10 of this Act, or sections 5 or 6 of an Act approved February 15, 1957 (Ga. L. 1957, p. 44), shall receive for each day of such duty the same pay and allowances received by members of the appropriate force of the Armed Forces of the United States of corresponding grade, rating and length of service. (b) Pay and allowances for each day of special duty and State active duty provided for in subsection (b), and (c) section 32 of this Act shall be the same as the pay and allowances prescribed for members of the appropriate force of the Armed Forces of the United States of corresponding grade, rating and length of service. (c) In addition to the pay and allowances provided for members of the militia under the provisions of subsections (a) and (b) of this section, such members shall also receive necessary travel expenses, where authorized. Section 4. Said Act is further amended by striking from section 78 the word officer which is located in lines 6 and 11 thereof, and by inserting the word member in lieu thereof, and by adding at the end of said section a new paragraph which shall read as follows: In addition to the above, the Governor is authorized to direct the Attorney General to defend any civil or criminal action brought against any member of the organized militia for any act done by him in the performance of his duty while in the active service of the State., so that when so amended section 78 shall read as follows: Section 78. Relief from civil or criminal liability; exemption from civil process; security for attorney's fees. Members of the militia ordered into the active service of the

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State pursuant to the provisions of this Act, shall not be liable civilly or criminally, for any acts done by them in the the performance of their duty. When an action or proceeding of any nature shall be commenced in any court by any person against any member of the militia for any act done by him in his official capacity in the discharge of any duty under this Act, or an alleged omission by him to do an act which it was his duty to perform or against any person acting under the authority or order of any such member or by virtue of any warrant issued by him pursuant to law, the defendant may require the person instituting or prosecuting the action or proceeding to give security, in such amount as shall be determined by the judge of the court in which said action is pending, for the payment of attorney fees that may be awarded to the defendant therein. In default of giving such security the action or proceeding shall be dismissed. Such a defendant, in whose favor a final judgment is rendered shall recover from the person instituting or prosecuting the action or proceeding reasonable attorney's fees. In addition to the above, the Governor is authorized to direct the Attorney General to defend any civil or criminal action brought against any member of the organized militia for any act done by him in the performance of his duty while in the active service of the State. Section 5. Said Act is further amended by creating a new section, to be designated section 103.1, which shall be inserted between sections 103 and 104, and which shall read as follows: 103.1. When called to State active service pursuant to sections 7 and 8 of this Act, or pursuant to section 5 or 6 of an Act approved February 15, 1957 (Ga. L. 1957, p. 44), the members of the organized militia shall have the same powers of arrest and apprehension as do law enforcement officers. Powers of arrest. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 2, 1969.

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GENERAL ASSEMBLYFISCAL OFFICER FOR LEGISLATIVE BRANCH OF GOVERNMENT. No. 194 (House Bill No. 352). An Act to amend an Act creating the Legislative Services Committee and the Office of Legislative Counsel, approved March 10, 1959 (Ga. L. 1959, p. 152), as amended by an Act approved March 28, 1961 (Ga. L. 1961, p. 230), an Act approved March 11, 1964 (Ga. L. 1964, p. 459), an Act approved March 24, 1965 (Ga. L. 1965, p. 270), and an Act approved March 18, 1966 (Ga. L. 1966, p. 586), so as to provide for a Fiscal Officer for the Legislative Branch of Government; to provide for duties and other matters relative thereto; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Legislative Services Committee and the Office of Legislative Counsel, approved March 10, 1959 (Ga. L. 1959, p. 152), as amended by an Act approved March 28, 1961 (Ga. L. 1961, p. 230), an Act approved March 11, 1964 (Ga. L. 1964, p. 459), an Act approved March 24, 1965 (Ga. L. 1965, p. 270), and an Act approved March 18, 1966 (Ga. L. 1966, p. 586), is hereby amended by adding a new paragraph at the end of section 5 to read as follows: The Legislative Services Committee is hereby authorized to employ a Fiscal Officer for the Legislative Branch of Government, and the Fiscal Officer and personnel to assist him shall be a part of the Office of Legislative Counsel. The Fiscal Officer shall act as the bookkeeper-comptroller for the Legislative Branch of Government, and shall maintain an account of legislative expenditures and commitments. He shall maintain an inventory of the equipment, furnishings and non-expendable items belong to the Legislative Branch. He shall prepare and sign vouchers pertaining to the expenditure of legislative funds. He shall prepare and sign all warrants for the expenditure of funds appropriated to the Legislative Branch of Government.

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Such warrants shall be transmitted directly to the State Treasurer for payment, and it shall not be necessary that they be countersigned by the Comptroller-General. He shall have such other duties as shall be prescribed by the Committee. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 2, 1969. GEORGIA BUILDING AUTHORITY ACT AMENDEDSECURITY GUARDS. No. 195 (House Bill No. 499). An Act to amend an Act known as the Georgia Building Authority Act (formerly known as the State Office Building Authority Act), approved February 21, 1951 (Ga. L. 1951, p. 699), as amended, so as to authorize the Georgia Building Authority to employ security guards to keep watch over and protect the properties of the Georgia Building Authority and such other properties as may be directed by the Building Authority; to provide that said security guards shall be employees of and compensated by the Georgia Building Authority; to provide the powers and duties of said security guards; 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 Building Authority Act (formerly known as the State Office Building Authority Act), approved February 21, 1951 (Ga. L. 1951, p. 699), as amended, is hereby amended by adding after section 28 and before section 29 a new section to be known as section 28A to read as follows: Section 28A. The Georgia Building Authority shall be authorized to employ security guards to keep watch over

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and protect the properties of the Georgia Building Authority and such other properties as may be administered by the Building Authority. The security guards employed, as provided by this section, shall be employees of and compensated by the Georgia Building Authority. The security guards employed pursuant to the provisions of this section shall be authorized to carry weapons and, while in the performance of their duties, shall have the same powers of arrest, shall have the same powers to enforce law and order, and shall be authorized to exercise such powers and duties as are authorized by law for security guards of the Security Guard Division of the Department of Public Safety. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 2, 1969. SUPERVISOR OF PURCHASESWORKMEN'S COMPENSATION SELF INSURANCE PROGRAM. No. 196 (Senate Bill No. 126). An Act to authorize insurance coverage of all of the employees of the State of Georgia, except employees of the State Highway Department, including employees of authorities, for the receipt of benefits as prescribed by the Workmen's Compensation statutes of the State of Georgia; to provide for a sound program of self-insurance; to empower the Supervisor of Purchases to formulate such a program, including establishment or coordination of an accident control program therein; to authorize the employment of an expert in the field of Workmen's Compensation; to authorize an insurance reserve fund; to provide for the payment of the operational expenses for administering such program; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1. The Supervisor of Purchases shall immediately formulate and effective July 1, 1969, initiate a sound program of self-insurance for Workmen's Compensation benefits for all employees of the State of Georgia, except employees of the State Highway Department, including employees of authorities. He shall determine the amount and extent of self-insurance which the State can assume, the necessary reserves needed, the amount of benefits to be paid within the scope of the current Workmen's Compensation statutes, and the type of addition or excess insurance coverage that may be required. Section 2. The operating expenses of the office of the Supervisor of Purchases in connection with the administration of the Workmen's Compensation Program shall be prorated and charged to the various boards, bureaus, commissions, departments, agencies and authorities of the State of Georgia on the same basis as premiums are computed. Section 3. The General Assembly shall appropriate the necessary funds to effectuate the purposes of this Act. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 2, 1969. GEORGIA SECURITIES ACT AMENDEDEXEMPT TRANSACTIONS. No. 197 (Senate Bill No. 279). An Act to amend an Act known as the Georgia Securities Act, approved February 26, 1957 (Ga. L. 1957, pp. 134-163), as amended, so as to provide for an exemption from the registration requirements of the Act for (a) any transaction involving the issuance of a security in connection with an employees' pension, profit sharing,

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stock bonus, thrift, savings or stock purchase plan, and (b) any transaction involving the issuance of a security issued in connection with an employee benefit plan for self-employed individuals, if such security is issued pursuant to a plan established and administered by a national bank or a bank organized under the laws of the State of Georgia; to repeal conflicting laws; to establish an effective date for this Act; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Georgia Securities Act approved February 26, 1957 (Ga. L. 1957, pp. 134-163), as amended, is hereby amended by adding an additional subsection to section 6 thereof, to be known as subsection (k), to read as follows: (k) Any transaction involving the issuance of a security (1) in connection with an employees' pension, profit sharing, stock bonus, thrift, savings, or stock purchase plan; or (2) in connection with employee benefit plans for self-employed individuals if that security is issued pursuant to a plan established and administered by a bank organized under the laws of the United States, or any bank or trust company organized and supervised under the laws of the State of Georgia. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Section 3. This Act shall become effective the date it is approved by the Governor or the date it otherwise becomes laws without the approval of the Governor. Effective date. Approved April 2, 1969.

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GEORGIA HIGHER EDUCATION ASSISTANCE CORPORATION ACT AMENDED. No. 199 (House Bill No. 433). 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), an Act approved April 14, 1967 (Ga. L. 1967, p. 644), and an Act approved March 26, 1968 (Ga. L. 1968, p. 386), so as to increase the surety bond required of the Executive Director of the Corporation; to confer additional powers upon the Board of Directors; to provide additional institutions who may make loans; to change the rate of interest which loans may bear; to authorize the Corporation to pay a fee to lenders in lieu of periodic payment of additional interest; to provide that the Board may prescribe the terms and conditions respecting repayment of loans not exceeding $2,000.00; to provide for additional purposes for which the student loan fund may be used; to authorize the Board to permit lenders to defer repayment of certain loans; to repeal conflicting laws; and for other purposes. 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), an Act approved April 14, 1967 (Ga. L. 1967, p. 644), and an Act approved March 26, 1968 (Ga. L. 1968, p. 386), is hereby amended by striking from the second paragraph of subsection (b) of section 4 the following: twenty-five thousand ($25,000.00), Bond of excutive director. and substituting in lieu thereof: fifty-thousand ($50,000.00),

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so that when so amended the second paragraph of subsection (b) shall read as follows: The Executive Director of the Corporation shall also serve as Treasurer. The Executive Director and Treasurer of the Corporation shall be selected and employed by the Board of Directors of the Georgia Higher Education Assistance Corporation. The Executive Director and Treasurer shall serve at the pleasure of the Board of Directors and shall receive such salary and other compensation as shall be determined and fixed by the Board. He shall execute and file with the Corporation a surety bond in the sum of fifty-thousand ($50,000.00) dollars payable to the State of Georgia and conditioned upon the faithful performance of his duties. The premium on such bond shall be paid out of the funds of the Corporation. The Executive Director shall properly account for all funds coming into his hands as Executive Director and Treasurer. He shall keep full and permanent minutes and records of all proceedings and actions of the Board of Directors. He shall be authorized and empowered to operate and carry out the objectives and details of the loan program. The Executive Director and Treasurer of the Corporation shall be authorized to employ such other professionally qualified personnel, clerical and other employees as authorized by the Board of Directors to effectuate the purposes of the Corporation and of this Act, and such personnel shall be subject to and covered by the Act creating and establishing a merit system of personnel administration, approved February 4, 1943 (Ga. L. 1943, p. 171), as now or may hereafter be amended. Section 2. Said Act is further amended by adding in subsection (1) of section 5 immediately after the phrase and a total of not to exceed $7,500.00. the following: The Board may by regulation authorize the guarantee of additional loans for students in excess of the amounts indicated above according to student academic classifications provided the total amount of such additional loans guaranteed for a student shall not exceed $600.00 and the total amount of all loans guaranteed for a student shall not in any event exceed the $7,500.00 maximum stated above. Loans.

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Section 3. Said Act is further amended by deleting from section 6 the word and and by adding at the end of said section the following phrase: , accredited non-profit institutions of higher education, and the Georgia Higher Education Assistance Authority, so that when so amended section 6 shall read as follows: Section 6. The loans provided herein may be made by commercial banks, savings banks, savings and loan associations, life insurance companies, credit unions, retirement and pension systems, accredited non-profit institutions of higher education, and the Georgia Higher Education Assistance Authority. Sources of loans. Section 4. Said Act is further amended by striking from the first sentence of subsection (a) of section 7 the word six and substituting in lieu thereof the word seven, so that when so amended subsection (a) of section 7 shall read as follows: (a) No loan guaranteed by the Corporation shall obligate the borrower to pay interest on said loan at a rate in excess of seven 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 regulation, 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 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 rate.

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Section 5. Said Act is further amended by adding in section 7 immediately following subsection (c) a new subsection to be known as subsection (d) to read as follows: (d) The Corporation is authorized to provide for payment of a fee to lenders in lieu of making periodic payments of additional interest on the unpaid principal balances of loans over the life of such loans as provided in subsection (b). In fixing the amount of such fee, the Board may consider all relevant information and statistics available to the Corporation. The fixing of such fee by the Board shall be final and conclusive as to the amount and method used, but the amount of such fee and the method used in fixing the same may be changed from time to time by the Board as regards loans guaranteed or made subsequent to such change. The Board may provide for payment of a fee at any one or more times over the life of loans guaranteed by the Corporation, and in such manner as the Board may prescribe. Fees. The Board may, by agreement with lenders, provide for payment of a fee or fees in full and complete satisfaction of outstanding obligations heretofore incurred or to be incurred by the Corporation under subsection (b) above prior to implementation of the foregoing provisions of this subsection. Section 6. Said Act is further amended by striking in its entirety section 8 and substituting in lieu thereof a new section 8 to read as follows: Section 8. The Board may by regulation prescribe terms and conditions respecting repayment of student loans guaranteed by the Corporation which do not exceed $2,000.00. Loans of not more than $2,000. Section 7. Said Act is further amended by adding in the last sentence of section 14 the following phrase: ; provided, however, that the Board may from time to time, as it may deem necessary or desirable, use income resulting from premium charges for insurance and from investments or utilization of said fund or the assets thereof

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for payment of interest on student loans and administrative and operating expenses provided the same shall not substantially impair the student loan insurance fund. Use of funds. so that when as amended section 14 shall 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, for 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 fund; provided, however, that the Board may from time to time, as it may deem necessary or desirable, use income resulting from premium charges for insurance and from investments or utilization of said fund or the assets thereof for payment of interest on student loans and administrative and operating expenses provided the same shall not substantially impair the student loan insurance fund. Section 8. Said Act is further amended by adding between section 15 and 16 a new section to be known as section 15A and to read as follows: Section 15A. The Board may by regulation authorize lenders to defer the repayment of guaranteed loans for such reasons and periods of time and in accordance with such terms and conditions as the Board may prescribe. In

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such event, any such period of deferment shall be excluded in determining the periods specified in section 5(8) (b) and section 5(9) of this Act. Deferred payments. Section 9. The effective date of this Act shall be May 1, 1969. Effective date. Section 10. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1969. REGISTRATION AND REGULATION OF CEMETERIES No. 201 (House Bill No. 62). An Act to provide for the registration and regulation of cemeteries; to define terms; to provide for signs; to provide for mandatory contractual provisions; to provide for the creation of trust funds and to prescribe their use; to provide for powers and duties of the Secretary of State; to provide for certificates of registration; to provide for fees; to provide for rules and regulations; to provide penalties; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The terms cemetery or cemeteries as used in this Act shall include all cemeteries in the State of Georgia, whether operated for profit or otherwise, or incorporated or otherwise, except municipally-owned cemeteries, fraternal cemeteries, church cemeteries, or family burial plots. Definitions. The terms perpetual care cemetery or endowment care cemetery as used in this Act shall include those cemeteries offering or promising perpetual care or endowment care.

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The term non-perpetual care cemetery shall mean any cemetery which does not offer perpetual care or endowment care. In the event a cemetery offers perpetual care or endowment care for some designated sections of its property but does not offer either of these to other designated sections, the cemetery shall be considered a perpetual care cemetery for the purposes of this Act. Section 2. Each contract for sale of a cemetery lot, grave space, niche, or crypt (whether above or below ground) shall contain a statement in bold-faced type, at least eight points larger than the type size used in the body of the contract, stating one of the following, dependent upon which method of operation is going to apply to the designated section to which the contract applies: Notice of type of contracts. 1. This contract provides for perpetual care or endowment care; or 2. This contract does not provide for perpetual care or endowment care. Section 3. Each cemetery which holds out to the public or advertises or contracts perpetual care or endowment care in connection with the sale or lease of cemetery lots, grave spaces, niches, or crypts, is hereby required to establish and maintain an irrevocable trust fund, the corpus of which shall be deposited in a bank, savings and loan institution, trust company, or other depository or trustee approved by the Secretary of State or which meets the standards contained in the rules and regulations promulgated by the Secretary of State. Provided, however, that any cemetery which has established an irrevocable trust fund prior to the effective date of this Act, and said trust fund meets the minimum criteria established by this Act and the rules and regulations of the Secretary of State, shall not be required to establish a new trust fund, but the trust fund shall be added to and used in accordance with the provisions of this Act. Provided further that any cemetery which has sold all of its lots, grave spaces, niches, or crypts, and is unable

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to make any future sales, shall not be required to establish a trust fund as provided herein. If, however, a cemetery has any lots, grave spaces, niches, or crypts remaining, the cemetery shall be required to create a trust fund and follow all the mandates of this Act before selling or contracting to sell any cemetery property. The trust fund shall apply only to sales or contracts for sale of lots, grave spaces, niches, or crypts in which perpetual care has been promised or guaranteed which take place after the effective date of this Act. The cemetery owner may, however, permit the trust fund to apply to property sold prior to the effective date of this Act, if he so desires. Trust funds, etc. Section 4. Each cemetery which contracts for sale of any lot, grave space, niche, or crypt and promises, contracts, or guarantees perpetual care or endowment care, shall initially deposit the sum of $5,000.00 to the trust fund referred to in section 3, unless the cemetery has already established a trust fund prior to the effective date of this Act, in which case the cemetery, if it makes any sales or contracts concerning lots, grave spaces, niches, or crypts which remain unsold, shall add to the existing trust fund to bring the corpus up to $5,000.00 as a condition precedent to making any such sale or contract. Same. Section 5. The income from the trust fund shall be credited to and paid to the owner of the cemetery for his own use and benefit until such income so paid has reached the total of $5,000.00. Thereafter, the income earned by the trust fund shall be paid to the cemetery and used exclusively for covering the costs of care and maintenance of the perpetual care cemetery (or the sections of the cemetery which have been designated as perpetual care sections) including reasonable administrative expenses incurred in connection therewith. The income of the trust fund shall be paid to the cemeteries at intervals agreed upon by the cemetery and the trustee, but in no case shall the income be paid more often than monthly. Use of funds, etc. Section 6. Whenever any cemetery lot, grave space, niche, or crypt wherein perpetual care or endowment care is promised or contracted for or guaranteed is sold by any

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cemetery, the cemetery shall, no later than the last day of the third month following the final payment for same, transmit to the trustee for addition to the trust fund the sum of $10.00 per burial space or 10 percent of the sales price, whichever is greater; or 5 percent of the total sales price of niches or crypts. Additional trust funds. Section 7. Each cemetery shall register with the Secretary of State and shall obtain a certificate of registration, and it shall be unlawful to sell any cemetery property without obtaining and maintaining a valid certificate. Registration. Section 8. Each registration of a perpetual care or endowment care cemetery shall be made on a form furnished by or prescribed by the Secretary of State on or before August 1 of each year. The registration shall include the name and location of the cemetery, the name and address of the owner (or registered office if a corporation), the name and address of the trustee of the trust fund, as well as the name and address of the depository of the fund, and shall be accompanied by a registration fee of $25.00 for the first year of doing business and a fee of $25.00 for each year thereafter, Non-perpetual care cemeteries shall pay an initial registration fee of $5.00 and shall register on forms provided by or prescribed by the Secretary of State, but there shall be no further registration fee after the initial fee has been paid. Same, fees, etc. Section 9. It shall be the duty of the Secretary of State to issue certificates of registration as hereinbefore provided, the same being under his seal and signed by him. Certificates of registration. Section 10. The Secretary of State shall keep a record of all proceedings relating to his duties under this Act and shall keep a register in which shall be entered the names of all cemeteries to whom certificates of registration are issued, which register shall be open at all times for public inspection. Said records and register shall be prima facie evidence of all matters required to be kept therein and certified copies of same or parts of same shall be primary evidence of their contents and all such copies of the documents. Such certificates lawfully issued upon the authority

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of the Secretary of State shall, when authenticated under his seal, be admitted in any court or elsewhere without further proof. Records. Section 11. The Secretary of State shall promulgate all necessary rules and regulations to effectuate the purposes of this Act in accordance with an Act known as the Georgia Administrative Procedure Act, approved March 10, 1964 (Ga. Laws 1964, p. 338), as amended. He shall have the authority to audit or cause to be audited the books of each perpetual care cemetery and of the trust fund established by said cemetery at least once every two years, more often if necessary, to insure that the cemetery is complying with the provisions of this Act. Provided, however, the Secretary of State may accept the sworn statement of a certified public accountant as to the accuracy of the condition of each perpetual care cemetery and its trust fund. Rules. Section 12. Willful violation of any of the provisions of this Act or of the rules and regulations promulgated in accordance therewith shall constitute a misdemeanor and be punishable by a fine of $100.00 or imprisonment for thirty (30) days or both for each violation. Crimes. Section 13. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 4, 1969. GEORGIA STATE SCHOLARSHIP COMMISSION ACT AMENDED. No. 202 (House Bill No. 172). An Act to amended an Act creating the Georgia State Scholarship Commission, approved March 12, 1965 (Ga. L. 1966, p. 210), as amended, particularly by an Act approved April 14, 1966 (Ga. L. 1966, p. 465), so as to increase the amount of the surety bond required of the

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Executive Director of the Commission; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Georgia State Scholarship Commission, approved March 12, 1965 (Ga. L. 1965, p. 210), as amended, particularly by an Act approved April 14, 1966 (Ga. L. 1966, p. 465), is hereby amended by striking from the second paragraph of section 5 the following: twenty-five thousand ($25,000.00) and substituting in lieu thereof: fifty thousand ($50,000.00), so that when so amended the second paragraph of section 5 shall read as follows: The Executive Director of the Commission shall also serve as Treasurer. The Executive Director and Treasurer of the Commission shall be selected and employed by the Georgia State Scholarship Commission. The Executive Director and Treasurer shall serve at the pleasure of the Board of Directors and shall receive such salary and other compensation as shall be determined and fixed by the Board. He shall execute and file with the Commission a surety bond in the sum of fifty thousand ($50,000.00) dollars payable to the State of Georgia and conditioned upon the faithful performance of his duties. The premium on such bond shall be paid out of funds of the Commission. The Executive Director shall properly account for all funds coming into his hands as Executive Director and Treasurer. He shall keep full, complete and permanent minutes and records of all proceedings and actions of the Commission and subcommittees. He shall be authorized and empowered to operate and carry out the objectives and details of the program. The Commission shall be authorized to employ such other professionally qualified personnel, clerical and other employees as may be necessary to effectuate the purposes of the Commission and of this Act, and such personnel shall

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be subject to and covered by the Act creating and establishing a merit system of personnel administration, approved February 4, 1943 (Ga. L. 1943, p. 171), as now or may hereafter be amended. Bond of Executive Director. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 4, 1969. MINIMUM FOUNDATION PROGRAM OF EDUCATION ACT AMENDEDCOST OF EDUCATIONAL TELEVISION. No. 203 (House Bill No. 203). 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 the State-wide cost of public school educational television services shall be paid entirely from State funds and shall not be considered in determining local units of administrations' share of the cost of supporting the minimum foundation program of education; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Minimum Foundation Program of Education Act, approved January 24, 1964 (Ga. L. 1964, p. 3), as amended, is hereby amended by striking section 21 in its entirety and substituting in lieu thereof, a new section 21 to read as follows: Section 21. State-wide Cost of Public School Educational Television Services. The State Board of Education shall annually determine the cost of operating and maintaining the State-wide network of public school educational television stations, the State-wide cost of programming and the State-wide cost of production and purchase of video tapes and other materials used in the State-wide public school

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educational television program. Such State-wide costs, as determined by the Board, shall be paid entirely from State funds and shall not be considered in determining local units of administrations' share of the cost of supporting the minimum foundation program of education. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 4, 1969. EMPLOYMENT SECURITY LAW AMENDED. Code Chapter 54-6 Amended. No. 204 (House Bill No. 447). An Act to amend an Act approved March 29, 1937, known as the Unemployment Compensation Law (Ga. L. 1937, pp. 806, et seq.), as amended, (now Employment Security Law), by modifying the benefit tables to provide increased weekly benefit amounts and the qualifications and eligibility for benefits; by modifying the disqualification for benefits as a result of voluntary quitting so as to permit waiver of disqualification during the benefit year as a result of earnings subsequent to the voluntary quit; by providing for the non-charging of an employer's account with benefits paid under certain conditions; by amending the schedule of computations of tax rate eligibility on the basis of the employer's reserve fund and the schedule for tax rate computations for employers with deficit reserve accounts; by modifying the provisions to insure the solvency of the Trust Fund; by providing for overall increases or decreases in the contribution rates of employers based upon the relationship of the balance in the Trust Fund to the total annual covered wages paid in the State; and by providing for a grace period to run from notice to the employer of his failure to file data for computation of rates; and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same that:

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Section 1. The Act approved March 29, 1937, known as the Unemployment Compensation Law (Ga. L. 1937, pp. 806, et seq.), as amended (now the Employment Security Law), be, and the same is hereby amended in the following respects, namely: Section 2. By striking subsection (b) of section 3 of said Act (Section 54-603 (b), Ga. Ann. Code) in its entirety and inserting in lieu thereof the following: (b) Weekly Benefit (l) Amount An individual's `weekly benefit amount' shall be the amount appearing in Column B in the table of this section on the same horizontal line on which appears in Column A of said table the total insured wages paid such individual in that quarter of his base period in which such total wages were highest, provided insured wages were paid such individual during two or more quarters of his base period and the total of such wages equals or exceeds the amount shown in Column C of the table on the same line. Weekly benefits. COLUMN A COLUMN B COLUMN C Wages Paid in Highest Quarter of Base Period Weekly Benefit Amount Qualifying Wages in Base Period $ 175.00 - 199.99 $ 8 $ 288 200.00 - 224.99 9 324 225.00 - 249.99 10 360 250.00 - 274.99 11 396 275.00 - 299.99 12 432 300.00 - 324.99 13 468 325.00 - 349.99 14 504 350.00 - 374.99 15 540 375.00 - 399.99 16 576 400.00 - 424.99 17 612 425.00 - 449.99 18 648 450.00 - 474.99 19 684 475.00 - 499.99 20 720 500.00 - 524.99 21 756 525.00 - 549.99 22 792 550.00 - 574.99 23 828 575.00 - 599.99 24 864 600.00 - 624.99 25 900 625.00 - 649.99 26 936 650.00 - 674.99 27 972 675.00 - 699.99 28 1,008 700.00 - 724.99 29 1,044 725.00 - 749.99 30 1,080 750.00 - 774.99 31 1,116 775.00 - 799.99 32 1,152 800.00 - 824.99 33 1,188 825.00 - 849.99 34 1,224 850.00 - 874.99 35 1,260 875.00 - 899.99 36 1,296 900.00 - 924.99 37 1,332 925.00 - 949.99 38 1,368 950.00 - 974.99 39 1,404 975.00 - 999.99 40 1,440 1,000.00 - 1,024.99 41 1,476 1,025.00 - 1,049.99 42 1,512 1,050.00 - 1,074.99 43 1,548 1,075.00 - 1,099.99 44 1,584 1,100.00 and over 45 1,620

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The foregoing Benefit Table shall be effective with benefit years beginning July 1, 1967, and through June 30, 1969. Provided that effective with benefit years beginning July 1, 1969, the first four (4) lines of the above table shall be deleted and the first line of the table shall thereafter read: COLUMN A COLUMN B COLUMN C $ 175.00 - 299.99 $ 12 $ 432 And provided further, there shall be added to the foregoing Benefit Table as amended to be effective July 1, 1969,

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two (2) additional steps effective with benefit years beginning July 1, 1969, increasing the weekly benefit amount to a maximum of forty-seven dollars ($47.00), with the Benefit Table remaining the same except for the last step and the two additional steps which shall then read: COLUMN A COLUMN B COLUMN C $1,100.00 - 1,124.99 $ 45 $ 1,620 1,125.00 - 1,149.99 46 1,656 1,150.00 and over 47 1,692 Provided further, there shall be added to the foregoing Benefit Table, as amended to be effective July 1, 1969, two (2) additional steps effective with benefit years beginning January 1, 1970, increasing the weekly benefit amount to a maximum of forty-nine dollars ($49.00), with the Benefit Table remaining the same except for the last step and the two additional steps which shall then read: COLUMN A COLUMN B COLUMN C $1,150.00 - 1,174.99 $ 47 $ 1,692 1,175.00 - 1,199.99 48 1,728 1,200.00 and over 49 1,764 Provided further, there shall be added to the foregoing Benefit Table, as amended to be effective January 1, 1970, one (1) additional step to be effective with benefit years beginning with January 1, 1971, increasing the weekly benefit amount to a maximum of fifty dollars ($50.00), with the Benefit Table remaining the same except for the last step and the one additional step which shall then read: COLUMN A COLUMN B COLUMN C $1,200.00 - 1,224.99 $ 49 $ 1,764 1,225.00 and over 50 1,800 Provided, however, that benefits shall not be paid for any week during which the employee is engaged in picketing or is a participant in a picket line at the factory, establishment, or other premises at which he is, or was last, employed,

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even though the stoppage of work shall have ceased and operations have been resumed. (2) Duration Any otherwise eligible individual shall be entitled during any benefit year to a total amount of benefits equal to twenty-six (26) times his weekly benefit amount or one-fourth (1/4) of his wages for insured work paid during the base period, whichever is the lesser; provided that such total amount of benefits, if not a multiple of the weekly shall be adjusted to the nearest multiple of the weekly benefit amount. Duration of benefits. Section 3. Said Act is further amended by striking subsection (a) of section 5 (Section 54-610, Ga. Ann. Code) in its entirety and inserting in lieu thereof the following: (a) For the week or fraction thereof in which he has filed an otherwise valid claim for benefits within 52 weeks after he has left work voluntarily without good cause connected with said work, and for not less than the four and not more than the eight weeks of unemployment which immediately follow the week in which said valid claim was filed as determined by the Commissioner according to the circumstances in the case, not counting the waiting period: Provided, however, that there shall be charged against the benefits to which the individual is entitled under section 3 (b), hereof, an amount equal to his weekly benefit amount for each week of such disqualification; Provided, however, the Commissioner may waive such period of postponement and the charging of benefits for the weeks of such postponement, in whole or in part, in the event of such disqualification, if it is established to the satisfaction of the Commissioner that after giving notice the individual left his work to, and did accept other regular work offering greater emoluments and performed such work for a reasonable time thereafter. Benefits. Provided further, however, that the Commissioner may waive such period of postponement and the charging of benefits for the weeks of such postponement if it is established

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to the Commissioner that subsequent to the voluntary quit and prior to the filing of a claim, the individual has performed services in bona fide employment and earned insured wages for such services equal to at least eight (8) times the weekly benefit amount. Such waiver may be applied only one time during the claimant's benefit year, and such waiver may be applied only in those cases where only one such voluntary quit has occurred in the fifty-two (52) weeks preceding the date he files an otherwise valid new or reopened claim. Section 4. Said Act is further amended by striking subsection (c) (2) of section 7 (Section 54-622 (c) (2), Ga. Ann. Code) in its entirety and inserting in lieu thereof the following: (2) Benefits paid to an individual shall be charged, in the amount hereinafter provided, against the accounts of his base-period employers; Provided, however, an employer's account shall not be charged with benefits paid an individual based on wages earned prior to his separation from or failure to accept from such employer an offer of work that was suitable in every respect save that of distance due to such individual's change of residence, under disqualifying conditions as provided in section 5 of this Act whether or not the postponement and charging of benefits is waived or is not given effect due to the fifty-two (52) week limitation and notice of such separation or refusal of offer of work was timely furnished pursuant to the regulations of the Commissioner of Labor; or (A) If an individual's employment was terminated by the retirement of the individual pursuant to a retirement or lump-sum retirement pay plan under which the age of mandatory retirement has been agreed upon by the employer and his employees or by the bargaining agent representing such employees, any such benefits paid to such individuals shall be charged against the fund and not against the account of the employer. (B) The amount of benefits so chargeable against each base-period employer's account shall be that proportion of

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the benefits paid to an individual which the base-period wages paid to the individual by such employer bear to the total amount of base-period wages paid to the individual by all his base-period employers; except that charges of amounts less than $1.00 shall be disregarded. Section 5. Said Act is further amended by striking subsection (c) (5) of section 7 (Section 54-622 (c) (5), Ga. Ann. Code) in its entirety and inserting in lieu thereof the following: (5) For the year 1942 and each calendar year thereafter, employers shall be classified in accordance with their actual experience in the payment of contributions, and with respect to benefits charged against their accounts, with a view of fixing such contribution rates as will reflect such benefit experience. Each employer's rate for any calendar year shall be determined on the basis of his record as of the computation date for that calendar year. Employer rates. Provided, however, that as of any computation date, on and after December 31, 1969, any employer who has failed to file by the end of the month following any computation date or by thirty (30) days from the date of notice to the employer that the reports hereinafter referred to are due and have not been received, whichever is later, (unless the time for filing reports has been further extended under section 16 (e) (Section 54-632.1, Ga. Ann. Code) all required reports with respect to employment and wages paid, together with such other information as is necessary to compute his contribution rate under this section, shall not be eligible for a reduced shall be assigned the standard rate of 2.7 percent if his account shows an excess of contributions paid over benefits charged, or the maximum rate of 4.2 percent if his account shows an excess of benefits charged over contributions paid. Such rate shall remain effective until the end of the calendar year for which such rate has been assigned. Section 6. The Act is further amended by striking Sub-section c (6) of section 7 (Section 54-622 (c) (6) Ga. Ann. Code) in its entirety and inserting in lieu thereof the following:

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(6) Variations from the standard rate of contributions shall be determined in accordance with the following requirements. If the total of all an employer's contributions paid on or before the last day of the month immediately following the computation date with respect to wages paid by him on or before such computation date, exceeds the total benefits which were charged to his account and paid on or before the computation date, his contribution rate for the ensuing calendar year shall be determined by dividing such excess by his average annual payroll and applying the resulting percentage to the following rate table, which shall apply beginning with the computation date December 31, 1969, and each computation date thereafter. Variations in employee contributions. RATE TABLE If the excess percentage: Equals or exceeds but is less than The contribution rate is: 0.0 1.1 percent 2.70 (2-7/10) percent 1.1 1.5 percent 2.60 (2-6/10) percent 1.5 1.9 percent 2.50 (2-1/2) percent 1.9 2.3 percent 2.40 (2-4/10) percent 2.3 2.7 percent 2.30 (2-3/10) percent 2.7 3.1 percent 2.20 (2-2/10) percent 3.1 3.5 percent 2.10 (2-1/10) percent 3.5 3.9 percent 2.00 (2) percent 3.9 4.3 percent 1.90 (1-9/10) percent 4.3 4.7 percent 1.80 (1-8/10) percent 4.7 5.1 percent 1.70 (1-7/10) percent 5.1 5.5 percent 1.60 (1-6/10) percent 5.5 5.9 percent 1.50 (1-1/2) percent 5.9 6.3 percent 1.40 (1-4/10) percent 6.3 6.7 percent 1.30 (1-3/10) percent 6.7 7.1 percent 1.20 (1-2/10) percent 7.1 7.5 percent 1.10 (1-1/10) percent 7.5 7.9 percent 1.00 (1) percent 7.9 8.3 percent 0.90 (9/10) percent 8.3 8.7 percent 0.80 (8/10) percent 8.7 9.1 percent 0.70 (7/10) percent 9.1 9.5 percent 0.60 (6/10) percent 9.5 9.9 percent 0.50 (1/2) percent 9.9 10.3 percent 0.40 (4/10) percent 10.3 10.7 percent 0.30 (3/10) percent 10.7 11.1 percent 0.20 (2/10) percent 11.1 over 0.10 (1/10) percent

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Provided, however, that effective with the computation date December 31, 1962, and for each computation date thereafter, the contribution rate of an employer whose contribution rate for the three preceding calendar-year periods has been 2.7% or more and who has a deficit reserve balance (total of all benefits charged exceeds total of all contributions paid) as of such computation date shall be computed either on the basis of his total prior experience record as of the computation date or on the basis of his experience record for the three-year period ending on the computation date whichever is more advantageous to such employer; provided, further, when an employer's rate is computed based on his experience during the three-year period ending on the computation date the record of such employer covering experience prior to such three-year period shall be void with respect to all future computations; provided further, if the total deficit of such employer is less than $500.00 or is less than 3.1 percent of his average annual payroll, such employer's contribution rate shall be 2.7 percent. If the total deficit of such employer is $500.00 or more and equals or exceeds 3.1 percent of his average annual payroll, the following rate table shall apply beginning with the computation date December 31, 1969, and each computation date thereafter:

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RATE TABLE FOR EMPLOYERS WITH DEFICIT RESERVE ACCOUNTS If the deficit percentage: Equals or exceeds but is less than the contribution rate is: Under 3.1 2.70 (2-7/10) percent 3.1 3.8 percent 2.80 (2-8/10) percent 3.8 4.2 percent 2.90 (2-9/10) percent 4.2 4.6 percent 3.00 (3) percent 4.6 5.0 percent 3.10 (3-1/10) percent 5.0 5.4 percent 3.20 (3-2/10) percent 5.4 5.8 percent 3.30 (3-3/10) percent 5.8 6.2 percent 3.40 (3-4/10) percent 6.2 6.6 percent 3.50 (3-5/10) percent 6.6 7.0 percent 3.60 (3-6/10) percent 7.0 7.4 percent 3.70 (3-7/10) percent 7.4 7.8 percent 3.80 (3-8/10) percent 7.8 8.2 percent 3.90 (3-9/10) percent 8.2 8.6 percent 4.00 (4) percent 8.6 9.0 percent 4.10 (4-1/10) percent 9.0 and over 4.20 (4-2/10) percent Section 7. Said Act is further amended by striking subsection (c) (8) of Section 7 (see 54-622 (c) (8), Ga. Ann. Code) in its entirety and inserting in lieu thereof the following: (8) Effective with the year 1969, a State-wide Reserve Ratio shall be computed as of December 31 of each year. Such State-wide Reserve Ratio shall be computed by dividing the balance in the Reserve Fund including accrued interest as of December 31 of each year, by the total covered wages (as defined in this Act) paid in the State for the twelve-month period, ending on June 30 of each calendar year. Any amount credited to the State's account under Section 903 of the Social Security Act, as amended, which has been appropriated for the expenses of administration whether or not withdrawn from the trust fund, shall be excluded from the Reserve Fund balance in computing the State-wide Reserve Ratio. Statewide reserve ratio.

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When the State-wide Reserve Ratio, as computed above, is five (5%) percent or more for any calendar year, each employer who does not have a deficit reserve balance and whose rate as computed under the Rate Table in subsection 6 hereof, as amended by this Act (54-622 (c) (6), Ga. Ann. Code, as amended by this Act) is 2.7 (2-7/10) percent or less on his computation date, shall have his contribution rate at the time of computation date credited by applying an overall reduction in said rate in accordance with the following table: If the State-wide Reserve Ratio Equals or exceeds but is less than overall reduction 5.0 percent 5.1 percent 10 percent 5.1 percent 5.2 percent 20 percent 5.2 percent 5.3 percent 30 percent 5.3 percent 5.4 percent 40 percent 5.4 percent 5.5 percent 50 percent 5.5 percent 5.6 percent 60 percent 5.6 percent and over 70 percent When the State-wide Reserve Ratio, as circulated above, is less than 4.6%, there shall be an overall increase in the rate, as of the computation date; for each employer whose rate is computed under a rate table in subsection (c) (6) hereof, as amended by this Act (54-622 (c) (6), Ga. Ann. Code as amended by this Act) in accordance with the following table: If the State-wide Reserve Ratio: Equals or exceeds but is less than overall increase 4.4 percent 4.6 percent 10 percent 4.2 percent 4.4 percent 20 percent 4.0 percent 4.2 percent 30 percent 3.8 percent 4.0 percent 40 precent 3.6 percent 3.8 percent 50 percent 3.4 percent 3.6 percent 60 percent Under 3.4 percent 70 percent

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Provided, however, that such overall increase for any year shall not result in any employer whose contribution rate is 2.7 percent or less, as of the time of the application of the overall increase, being charged a rate in excess of 3 percent; nor shall it result in any employer whose contribution rate is 2.8 percent or more, as of the time of the application of the overall increase, being charged a rate in excess of 4.5 percent. The Commissioner will give notice to each employer on any rate change by reason of the above provisions. Section 8. Said Act is further amended by striking subsection (n) (1) of Section 19 (see 54-657 (n) (1), Ga. Ann. Code) in its entirety and inserting in lieu thereof the following: (1) For the purposes of section 7, except subsection (c) (2), subsection (c) (8), and of section 19 (a) of this Act, that part of the remuneration which, after remuneration equal to $3,000.00 has been paid to an individual by an employer during any calendar year with respect to employment within this or any other State, is paid to such individual by such employer during such calendar year; provided futher that in cases of successorship of an employer the amount of wages paid by the predecessor shall be considered, for purposes of this provision, as having been paid by the successor employer; and Employer contributions. Section 9. Effective dates. Except as otherwise specially provided, and except as contained in the context hereof, this amendatory Act shall be effective on and after July 1, 1969. Section 10. Severability. The provisions of this amendatory Act are severable, and the invalidity of one or more provisions of this Act shall not be held to affect or impair any of the remaining provisions. Section 11. Repealing clause. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 4, 1969.

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PUBLIC BUILDINGSENTRANCES. No. 205 (House Bill No. 260). An Act to provide certain requirements relative to the construction of public buildings, paid for, in whole or in part, from public funds, in order to make such buildings accessible to and usable by the physically handicapped; to provide for the enforcement of this Act; to provide that the provisions of this Act shall not be applicable to the construction of public buildings under certain circumstances; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. On or after the first day of January, 1970, except as otherwise provided herein, no person, firm or corporation shall construct, or permit the construction of a building which is to be used by the public, and the cost of the construction of which is to be paid for, in whole or in part, from State, county or municipal funds, or from the funds of any public agency or authority created for the purpose of constructing or contracting for the construction of public buildings unless such building has at least one entrance which is accessible by a ramp, equipped with a nonslip surface. Type of construction. Section 2. The provisions of this Act shall be enforced by the State, county, municipalities or any other public agency or authority contracting for the construction of public buildings. Enforcement. Section 3. The provisions of this Act shall not apply to the construction of a public building if the contract for the construction of such building was signed by all interested parties prior to the date this Act became effective. Exclusion. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 4, 1969.

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REGISTRATION OF MOTOR VEHICLES BY CERTIFICATED OR REGISTERED MOTOR CARRIERS. No. 206 (House Bill No. 674). An Act to provide for the multiple registration of motor vehicles used by certificated or registered motor carriers; to provide for registration fees for such multiple uses; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. If any motor vehicle which has been licensed by the Public Service Commission pursuant to Code sections 68-518, 68-525, 68-623 or 68-633 is used during the same licensing period under lease or otherwise by another motor carrier certificated or registered in this State, a subsequent fee of $1 per motor vehicle and per motor carrier shall be required from the user. Section 2. Any motor carrier certificated or registered by the Public Service Commission shall pay a fee of $1 for the use of any motor vehicle, by lease or otherwise, belonging to any motor carrier domiciled in a jurisdiction which extends reciprocity to motor carriers domiciled in Georgia pursuant to Code section 68-1003, if such motor vehicle has been registered in this State by the motor carrier domiciled in such other jurisdiction. Section 3. It is the policy and purpose of this Act to provide for the multiple registration of motor vehicles owned, operated or used by motor carriers certificated or registered in this State so that said motor carriers may be able to operate no less advantageously than motor carriers certificated or registered under the authority of the laws of other states. Purpose. Section 4. All laws or parts of laws in conflict with this Act are hereby repealed. Approved April 4, 1969.

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LAND CONVEYANCE TO WILFRED J. MOHR AUTHORIZED. No. 8 (House Resolution No. 266-809). A Resolution. Declaring certain property of the State surplus, authorizing the State Properties Control Commission to sell such property; and for other purposes. Whereas, the State of Georgia holds title to a parcel of land in Gordon County, more particularly described as follows: Beginning at the southeast corner of the intersection of the old Western and Atlantic Railroad roadbed and the west right of way line of the present L N Railroad right of way, thence south 19 degrees 40 minutes west 250.6 feet along the east right of way line of the old Western and Atlantic right of way to a point of curvature; thence in a southerly direction along a curve having a length of 1186.20 feet with a radius of 2831.79 feet with a delta angle equal to 24 degrees 00 minutes running along the east right of way line of the old Western and Atlantic Railroad to a point of tangency; thence south 4 degrees 20 minutes east 104.6 feet along the east right of way line of the old Western and Atlantic Railroad to a point; thence south 85 degrees 40 minutes west 66 feet to a point on the west right of way line of the old Western and Atlantic Railroad; thence north 4 degrees 20 minutes west 104.6 feet along the west right of way line of the old Western and Atlantic Railroad to a point of curvature; thence northerly along a curve having a length of 1213.80 feet with a radius of 2897.79 feet with a delta angle equal to 24 degrees 00 minutes running along the west right of way line of the Western and Atlantic Railroad to a point of tangency; thence north 19 degrees 40 minutes east 337.0 feet along the west right of way line of the old Western and Atlantic Railroad to a point on the west right of way line of the L N Railroad right of way; thence south 17 degrees 42 minutes east 108.7 feet along the west

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right of way of the L N Railroad to the point of beginning. Whereas, said parcel was originally a part of the right-of-way of the Western and Atlantic Railroad but the tracks of said railroad were relocated many years ago and moved off of this parcel so that it is no longer used by the State of Georgia or the Western and Atlantic Railroad, but since such relocation of the tracks has been in the possession of the successors in title of the original grantor; and Whereas, said parcel was conveyed to the State for the specific purpose of being used as a right-of-way for said railroad tracks; and Whereas, said parcel has been abandoned by the State and its lessees for a number of years and is surplus and no longer used by the State of Georgia; and Whereas, the title which continues in the State is technical only and disposing of the described parcel of land will not reduce or impair the value of the Western and Atlantic Railroad or the right-of-way of the State for such railroad. Now, therefore, be it resolved by the General Assembly of Georgia: Section 1. That the State Properties Control Commission, on behalf of the State, be and it is hereby authorized, empowered and directed to grant, bargain, sell, convey and quit-claim to Mr. Wilfred J. Mohr upon such terms and conditions as it may deem to be in the best interest of the State, all of the right, title and interest the State of Georgia has in the tract or parcel of land described in this Resolution. Section 2. That the State Properties Control Commission, acting for and on behalf of the State of Georgia, shall be and it is hereby further authorized, empowered and directed to execute and deliver such deeds and other written instruments as may be necessary to carry out the provisions of this Resolution.

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Section 3. That all laws and parts of laws in conflict with this Resolution are hereby repealed. Approved April 7, 1969. BILL OF RIGHTS FOR OLDER GEORGIANS. No. 9 (Senate Resolution No. 96). A Resolution. Relative to a Bill-of-Rights for older Georgians; and for other purposes. Whereas, there are presently residing within the State of Georgia approximately 334,000 older citizens; and Whereas, represented among this number is a vast reservoir of skilled talent and knowledge which should be exploited to its fullest in order that this State might reach its fullest potential; and Whereas, it is the primary obligation of the State to provide an atmosphere in which individuals may realize their fullest potentials and find satisfaction and purpose of life. Now, therefore, be it resolved by the General Assembly of Georgia that this body hereby goes on record as obligating itself to achieve the following goals: 1. An adequate income in retirement in keeping with today's cost of living. 2. The best possible mental and physical health which modern medicine can make available. 3. Suitable housing, independently selected, designed and located according to the special needs of older people at charges they can afford to pay. 4. Comprehensive rehabilitative services to lessen or prevent dependency, to give hope and courage for self-help

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and self-care, and renew the ability to participate as a neighborhood contributor. 5. Opportunities for employment without discrimination because of age. The removal of artificial barriers which discourage work, such as limitations on the amount an individual can earn and not have his social security or welfare benefits interrupted. 6. Retirement in health, honor, and dignity after years of helping build our economy. 7. Pursuit of meaningful and purposeful activity within the broad range of economic, cultural and recreational opportunities. 8. Freedom, independence and the full free exercise of individual initiative in planning and managing their own affairs. 9. The right to be a part of the life and effort of the community by having the opportunity to give of one's self to help others in a wide spectrum of social service and make a recognizable and worthwhile contribution to the general welfare of the community and state. 10. The assurance to all older persons that they will not suffer unnecessarily and go unnoticed with their overwhelming burdens. Approved April 7, 1969. MOTOR VEHICLESREGISTRATION, LICENSE PLATES, ETC. Code Chapter 68-2 Amended. No. 207 (House Bill No. 140). An Act to amend Code Chapter 68-2, relating to the registration and licensing of motor vehicles, as amended, so as to increase the time within which certain vehicles must

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be registered and a license plate acquired; to increase the penalty for the failure to timely register a vehicle; to delete those provisions requiring the reflectorization of license plates for the year 1970-71; to provide for a five-year license plate for certain vehicles; to provide for annual revalidation stickers; to provide that license plates shall be reflectorized; to provide the procedures connected with all of the foregoing matters; to provide effective dates; to increase the fee for licensing the operation of each vehicle for the year 1970; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 68-2, relating to the registration and licensing of motor vehicles, as amended, is hereby amended by striking from Code section 68-201, relating to the registration and licensing of certain vehicles, as amended, the following phrase: or within three days following the purchase of a new or unregistered motor vehicle, and substituting in lieu thereof the following: Code 68-201 amended. or within seven days following the purchase of a new or unregistered motor vehicle,, and striking therefrom the following: 20 per cent. and substituting in lieu thereof: 25 per cent. Section 2. Said Code Chapter is further amended by striking from Code section 68-214, relating to license plates for vehicles, as amended, particularly by an Act approved March 7, 1968 (Ga. L. 1968, p. 424), the last paragraph thereof which reads as follows: In addition to the foregoing requirements, in order to reduce road accidents and improve the visibility and legibility

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of license plates after dark, all vehicle 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. Code 68-214 amended. Section 3. Said Code Chapter is further amended by striking in its entirety Code section 68-214, relating to license plates for vehicles, as amended, and substituting in lieu thereof a new Code section 68-214 to read as follows: 68-214. (a) Applications for the registration of vehicles required to be registered shall be made to the agent of the State Revenue Commissioner pursuant to the provisions of an Act approved March 9, 1955 (Ga. L. 1955, p. 659), as amended. If the applicant meets the requirements set forth therein, the commissioner shall assign to the vehicle a distinctive serial number and the applicant shall be furnished without further cost one metal license plate upon which there shall be impressed the serial number designated to such vehicle or, in lieu of such plate, the annual revalidation sticker hereinafter provided for. (b) Such license plates shall be of metal at least six inches wide and not less than 12 inches in length, and shall show in bold characters the year of registration, serial number and either the full name or the abbreviation of the name of the State, designate the county from which the license plate was issued, and such other distinctive markings as in the judgment of the commissioner may be deemed advisable, so as to indicate the class of weight of the vehicle for which the license plate was issued. Such plates may also bear such figures, characters, letters or combinations thereof as in the judgment of the Revenue Commissioner will to the best advantage advertise, popularize and otherwise promote Georgia as the `Peach State'. The metal shall be of such strength and quality that the plate shall provide a minimum service period of five years. Every five years a new metal

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license plate shall be provided by the commissioner for issuance, except that license plates issued for vehicles in excess of 24,000 pounds shall be issued annually and no revalidation sticker shall be issued for such plates. (c) The face of the license plate to be displayed shall be treated completely with a retroreflective material which will increase the nighttime visibility and legibility of the plate. The Governor's Coordinator of Highway Safety shall prepare the specifications which such retroreflective material shall meet. (d) In those years in which a metal plate is not issued, a revalidation sticker with a distinctive serial number shall be issued and affixed in the space provided on the license plate assigned to the vehicle. (e) The commissioner shall furnish without cost to each tag agent reflective adhesive decals in sufficient number upon which there shall be printed the name of the agent's county. The decal shall be of such design that for those owners who desire to do so, it may be affixed with facility to the numbered license plate in the space provided without obscuring any number or other information required to be present on the plate. (f) A duplicate license plate, or revalidation sticker, when the original has been lost, defaced, or destroyed, may be obtained from the commissioner upon filing with him an affidavit setting forth the facts of such loss or destruction, and the payment of a fee of $2.00. A license plate, when issued, shall not be transferred from one vehicle to another, and shall not be used by any other person or upon any vehicle other than the one to which it is assigned, except as hereinafter provided. Any use of said plate by any other person or persons in any manner not provided for in this Chapter shall be a violation thereof. (g) The State Revenue Commissioner is authorized to provide by rules and regulations appropriate procedures whereby, upon the payment of a fee to be prescribed by the Commissioner, special and distinctive license plates

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issued to members of the National Guard, disabled veterans, amateur radio station licensees, citizen band radio station licensees, members of the General Assembly, foreign consuls, commanders of certain veteran's organizations and persons desiring special personalized prestige license plates may be used upon and transferred to vehicles other than the vehicle for which such plate was issued. (h) Any vehicle operated in the State of Georgia after April 1, of any year, which is required to be registered, that does not have attached to the rear thereof a numbered license plate and current revalidation sticker, if required, shall be stored at the owner's risk and expense by any law enforcement officer of the State of Georgia. It shall be unlawful and punishable as for a misdemeanor to operate any vehicle required to be registered in the State of Georgia without a valid numbered license plate, properly validated. If the owner of said vehicle presents evidence that he has properly applied for the registration of such vehicle, but that the license plate or revalidation sticker has not been delivered to him, then said owner shall not be subject to the above penalties. Section 4. The provisions of section 2 and section 5 of this Act shall become effective upon the approval of this Act by the Governor or upon its becoming law without his approval. The remaining provisions shall become effective on January 1, 1971. Effective dates. Section 5. Notwithstanding any other provisions of law to the contrary, the annual fee for the licensing of the operation of each vehicle for the year 1970 shall be increased by the sum of 50c. Registration fees. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 8, 1969.

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UNIFORM ACT REGULATING TRAFFIC ON HIGHWAYS AMENDEDMOTOR VEHICLE INSPECTIONS. No. 208 (House Bill No. 218). An Act to amend an Act known as the Uniform Act Regulating Traffic on Highways, approved January 11, 1954 (Ga. L. 1953, Nov.-Dec. Sess., p. 556), as amended, particularly by an Act approved March 16, 1960 (Ga. L. 1960, p. 950), an Act approved April 3, 1963 (Ga. L. 1963, p. 333), and an Act approved March 12, 1965 (Ga. L. 1965, p. 188), so as to authorize and direct the Director of the Department of Public Safety to make and promulgate such rules and regulations as are necessary to implement the provisions of Section 126 of this Act; to provide that the Director shall require proof that inspection stations have garage owner's liability insurance or, in lieu thereof, a bond; to provide penalties for violation of this Act or said rules and regulations; to provide that it shall be unlawful for any person to operate certain motor vehicles without certificates of inspection; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Uniform Act Regulating Traffic on Highways, approved January 11, 1954 (Ga. L. 1953, Nov.-Dec. Sess., p. 556), as amended, particularly by an Act approved March 16, 1960 (Ga. L. 1960, p. 950), an Act approved April 3, 1963 (Ga. L. 1963, p. 333), and an Act approved March 12, 1965 (Ga. L. 1965, p. 188), is hereby amended by inserting immediately after the first unnumbered paragraph of subsection (a) of section 126 the following: The Director is hereby authorized and directed to make and promulgate such rules and regulations as are necessary to implement and carry out the provisions of this section. Violation of any provision of this Act or any rule or regulation made and promulgated pursuant thereto shall be punished as for a misdemeanor. Rules.

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Section 2. Said Act is further amended by striking subsection (b) of section 126A and inserting in lieu thereof a new subsection (b) to read as follows: (b) Application for permit shall be made upon an official form and shall be granted only when the Director is satisfied that the station is properly equipped and has competent personnel to make such inspections and adjustments, and that they will be properly conducted. The Director, before issuing a permit shall require proof that the applicant possesses a valid garage owner's liability insurance policy, or, if he has no such policy, the Director shall require the applicant to file a bond conditioned that it will make compensation for any damage to a vehicle during an inspection or adjustment due to negligence on the part of such applicant or his employees. Such bond shall indemnify the person owning said vehicle. Inspection stations. Section 3. Said Act is further amended by adding at the end of section 126D a new subsection (c) to read as follows: (c) It shall be unlawful for any person to drive or operate on any highway any vehicle which is required to be inspected by the provisions of section 126 without a valid official certificate of inspection being displayed on such vehicle. Crimes. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 8, 1969. CERTIFICATION OF WATER AND WASTEWATER TREATMENT PLANT OPERATORS ACT. No. 210 (House Bill No. 279). An Act to provide for the protection of the public health and welfare and to conserve and protect the water resources of the State; to provide for the classification of

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all public water supply systems and wastewater treatment plants; to provide for the examination and certification of operators of all public water supply systems and wastewater treatment plants; to create a State Board of Examiners for Certified Water and Wastewater Treatment Plant Operators; to provide for the promulgation of rules and regulations; to prescribe penalties for violation of the Act; to provide for all procedures, requirements and other matters relative to 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. Short Title. This Act may be cited as the Certification of Water and Wastewater Treatment Plant Operators Act. Section 2. Definitions. The following words and phrases as used in this Act shall, unless different meaning is required by the context, have the following meaning: (a) Board shall mean the State Board of Examiners for Certified Water and Wastewater Treatment Plant Operators. (b) Certificate shall mean a document issued by the Board stating that the operator has met the requirements for the specified operator classification of the certification program. (c) Public Water Supply System shall mean the system of pipes, structures and facilities through which water is obtained, treated, sold and distributed or otherwise offered to the public for household use or for any other public comsumption. (d) Water Treatment Plant shall mean that portion of the water supply system which in some way alters the physical, chemical or bacteriological quality of the water. (e) Wastewater Treatment Plant shall mean the facilities provided for the collection, treatment and disposal of

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wastewater, excluding industrial process wastewater, except where such process wastewater is discharged to facilities owned/or operated by governmental agencies. (f) Operator shall mean any person who has responsibility for the operation of public water supply systems or wastewater treatment plants. Section 3. Board of Examiners. There is hereby created a Board to be known as the State Board of Examiners for Certified Water and Wastewater Treatment Plant Operators, hereinafter referred to as the Board. Said Board shall be composed of five members to be appointed by the Governor. The appointments shall be made as follows: One member from the Georgia Department of Public Health, one from the technical staff of the Georgia Water Quality Control Board, one member who is a currently employed public water supply system operator holding a valid certificate of the highest classification issued by the Board (on the initial appointment, this member must obtain the certificate at the earliest possible time), one member who is a currently employed wastewater treatment plant operator holding a valid certificate of the highest classification issued by the Board (on the initial appointment, this member must obtain the certificate at the earliest possible time) and one member who is an employee of a municipality or county required to employ a certified operator and who holds the position of city or county manager, engineer, director of public works or equivalent. The foregoing five appointed members shall serve for four-year terms except that of the initial appointments, two shall be for one year, one for two years, one for three years and one for four years, and the Governor may fill any vacancy in the appointed membership of the Board and may remove any appointed member for cause. The members of the Board shall receive no compensation for their services but shall be reimbursed for expenses incurred in the performance of their durties. The members of the Board shall meet for an organization meeting at the call of the Joint Secretary, State Examining

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Boards, within sixty days after their appointments and thereafter at least twice a year at such time and place as may be provided by rules and regulations adopted and promulgated by them. Provided, however, that special meetings may be called by the chairman or the joint secretary at such time and under such circumstances as they may deem necessary and proper. Provided further, that any notice of such meeting shall be given all members in writing at least ten days prior to the date of the meeting. At the first meeting of the Board and annually thereafter, the members shall select one of its members to serve as Chairman and one to serve as Vice Chairman. Section 4. Joint Secretary. The Joint Secretary of the State Examining Boards shall act as the administrative agent for the Board. The same jurisdiction, duties, powers and authority which the Joint Secretary has with reference to other examining boards is hereby conferred upon him with respect to the State Board of Examiners for Certified Water and Wastewater Treatment Plant Operators. Section 5. Classification. The Board shall classify all public water supply systems and wastewater treatment plants with due regard to the size, type, character of water or wastewater to be treated and other physical conditions affecting such systems or treatment plants according to the skill, knowledge and experience that the operator in responsible charge must have to successfully operate the facilities so as to protect the public health and welfare and prevent unlawful pollution. Section 6. Certification. The Board shall certify persons as to their qualifications to supervise successfully the operation of such public water supply systems and wastewater treatment plants. (a) Any person desiring to be certified as a Certified Water or Wastewater Treatment Plant Operator shall make application to the Board, which application shall be accompanied by a fee of fifteen dollars ($15). No additional examination fee shall be required.

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(b) The certificate granted under this Act shall be valid from July 1 until the following June 30. Each certificate shall be renewed annually on or before July 1. Application for renewal of certificates shall be accompanied by renewal fee of five dollars ($5). Section 7. Examinations. The Board shall prepare written examinations to be used in determining the knowledge, ability and judgment of applicants for certification. In certain cases, the Board may require an oral examination in addition to the written examination. Such examinations shall be given at least twice annually in a manner prescribed by the Board. Section 8. Certification by Reciprocity. The Board, upon application, therefore, may issue a certificate, without examination, in a comparable classification to any person who holds a certificate in any state, territory or possession of the United States or any country, providing the requirements for certification of operators under which the person's certificate was issued do not conflict with the provisions of this Act and are of a standard not lower than that specified by regulations adopted under this Act and providing further that reciprocal privileges are granted to certified operators of this State. Section 9. Issuance of Certificates. (a) Certificates in appropriate classification shall be issued, upon proper application, to operators, who, on the effective date of this Act, hold certificates of competency attained by examination under the voluntary certification program now being administered by the Georgia Water and Pollution Control Association in cooperation with the Georgia Department of Public Health and the Georgia Water Quality Control Board. (b) Certificates of proper classification will be issued, upon proper application, without examination to the person or persons certified by the governing body or owner to have been in responsible charge of the public water supply system or wastewater treatment plant on the effective date of this Act. A certificate so issued will be valid only for

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that particular system or treatment plant. Section 10. Adoption of Regulations. The Board shall have the authority to adopt such rules and regulations as may be necessary to administer this Act and effectuate the purposes expressed herein. The rules and regulations shall include, but are not limited to, provisions establishing the bases for classification of treatment plants and provisions establishing qualifications of applicants and procedures for examination of candidates. All rules and regulations shall be promulgated jointly by the Board and the State Board of Health and the Georgia Water Quality Control Board. Section 11. Revocation of Certificate. The Board may revoke the certificate of an operator, following a hearing before the Board of its designated representative, when it is found that the operator has practiced fraud or deception; that reasonable care, judgment, or the application of his knowledge or ability was not used in the performance of his duties, or that the operator is incompetent or unable properly to perform his duties. Any person aggrieved by any order of the Board denying, suspending or revoking any certificate as provided for herein shall have a right of appeal to the Superior Court of the county in which the office of the joint secretary is maintained, and service upon such joint secretary shall be service upon the Board. Section 12. Implementation Date. On or after July 1, 1972, any governmental agency, person, firm or corporation operating a public water supply system or wastewater treatment plant shall comply with the provisions of this Act. Section 13. Enforcement Provision. The Georgia Department of Public Health shall enforce provisions of the Act relating to Public Water Supply Systems and the Georgia Water Quality Control Board shall enforce provisions relating to wastewater treatment plants with enforcement provisions provided respectively under the Georgia Health Code, (Acts 1964, pp. 499, 645) and Georgia

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Water Quality Control Act (Georgia Laws 1964, pp. 416 et. seq., as amended). Section 14. Severability Section. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional was not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 15. Effective Date. This Act shall become effective July 1, 1970. Section 16. Stock Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 8, 1969. JOINT ELECTION LAWS STUDY COMMITTEE. No. 10 (House Resolution No. 249-701). A Resolution. Creating the Joint Election Laws Study Committee; and for other purposes. Whereas, many problems exist in the election laws of Georgia concerning party registration, State supervision of primaries and payment of primary costs; and Whereas, there is a need for unification and improvement of Georgia's election machinery in general; and

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Whereas, it is of great importance to the State that additional studies be made in order to propose meaningful legislation to remedy these problems. Now, therefore, be it resolved by the General Assembly of Georgia that there is hereby created the Joint Election Laws Study Committee, to be composed as follows: Four members of the House of Representatives chosen by the Speaker; four members of the Senate chosen by the President; the five members of the State Election Board; one member of the Attorney General's Office; and two ordinaries, one from a county with a population of 10,000 or less, and one from a county with a population of more than 10,000. The Speaker and the President shall choose the ordinaries, and the Attorney General shall select the representative from his office. The members of the Committee shall elect a chairman, a secretary, and such other officers as they deem advisable. The Committee shall adopt its own procedures for operation. The Committee shall study the many problems which exist concerning party registration, State supervision of primaries and payment of primary costs, and such other areas of the election laws as the Committee shall deem advisable. The Committee is authorized to hold public hearings. The Committee shall make a report of its findings and recommendations to the 1970 Session of the General Assembly, at which time it shall stand abolished. The Legislative members of the Committee shall receive such expenses and allowances as are authorized to members of interim legislative committees, from funds of the Legislative Branch of the Government. The representative of the Attorney General shall receive no compensation for his activities on said Committee, but shall be reimbursed for expenses incurred in discharging

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his official duties. The members of the State Election Board shall receive the compensation authorized by law for their services as members of said Board for each day spent on the official business of the Joint Election Laws Study Committee. The ordinaries shall receive such expenses and allowances as are authorized to Legislative members of interim study committees, from funds of the Legislative Branch of the State Government, notwithstanding any provisions to the contrary in an Act relating to the separation of powers of the three branches of State Government, approved February 12, 1959 (Ga. L. 1959, p. 34), as amended by an Act approved February 2, 1961 (Ga. L. 1961, p. 42). Approved April 9, 1969. GEORGIA ELECTION CODE AMENDEDCHALLENGE OF ABSENTEE BALLOTS, ETC. Code 34-1407 Amended. No. 217 (House Bill No. 258). An Act to amend Code section 34-1407, relating to the custody and depositing of ballots, so as to provide that the ineligibility of an elector who votes by absentee ballot shall be a ground for a challenge to such elector's absentee ballot; to provide that challenged absentee ballots shall be counted as other challenged ballots; 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 34-1407, relating to the custody and depositing of ballots, is hereby amended by inserting between the third and fourth sentences of subsection (b) the following sentence: The ineligibility of the elector to vote by absentee ballot shall be a ground for a challenge.,

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so that when so amended subsection (b) shall read as follows: (b) After the close of the polls on the day of the primary or election a registrar shall deliver the official absentee ballot of each elector to the managers in charge of the polling place of the election district containing the county courthouse. The managers shall examine the affidavit and jurat of each envelope. If the managers are satisfied that the affidavit and jurat are sufficient and that the absentee elector is otherwise qualified to vote, a manager shall announce the name of the elector and shall give any person present an opportunity to challenge in like manner and for the same cause as the elector could have been challenged had he presented himself in such district to vote other than by official absentee ballot. The ineligibility of the elector to vote by absentee ballot shall be a ground for a challenge. Also, the managers shall consider any absentee elector challenged when a person has previously filed with it a written challenge of such elector's right to vote. A manager shall then open the envelope in such manner as not to destroy the affidavit and jurat printed thereon and shall deposit the inner envelope, marked `Official Absentee Ballot', in a ballot box reserved for absentee ballots. The managers shall record on their numbered list of voters the name of each elector whose official absentee ballot is cast at such polling place. Section 2. Said Code section is further amended by adding at the end of the first sentence of subsection (d) the following: , and it shall be counted as other challenged ballots are counted, so that when so amended subsection (d) shall read as follows: (d) If an absentee elector's right to vote has been challenged for cause, a poll officer shall open the envelopes and write `Challenged', the elector's name and the alleged cause of challenge on the back of the ballot without disclosing the

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markings on the face thereof, and shall deposit the ballot in the box, and it shall be counted as other challenged ballots are counted. The board of registrars shall promptly notify the elector of such challenge. Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 9, 1969. GEORGIA MUNICIPAL ELECTION CODE AMENDED. Code Title 34A Amended. No. 218 (House Bill No. 381). An Act to amend Code Title 34A, relating to municipal elections, so as to provide the circumstances under which a certificate of nomination shall be issued by a political party to the nominees of such a party; to authorize certain municipalities to provide that no political party may conduct primaries for the purpose of nominating candidates for municipal elections; to provide how the names of certain candidates of political parties shall be listed on the ballot; to provide the procedure connected with the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Title 34A, relating to municipal elections, is hereby amended by adding at the end of subsection (b) of Code section 34-901, relating to the filing of notice of candidacy, the following: A certificate of nomination shall not be issued to a candidate by any political party unless the candidate is

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the nominee of such political party by virtue of having been nominated in a primary conducted by such political party for the purpose of nominating candidates for the particular office concerned or unless said candidate is the substituted nominee of such political party pursuant to the provisions of Code section 34A-903., Certification of nomination. so that when so amended subsection (b) shall read as follows: (b) Each candidate, who is a nominee of his political party or body, or such party or body, shall accompany his notice of candidacy with a certificate of nomination by his party or body stating that he is the duly qualified and nominated candidate of his party or body for the public office he is seeking. Every such certificate of nomination shall be sworn to by the chairman and secretary of the municipal or other appropriate executive committee (designated by the party or body) before an officer qualified to administer oaths. The certificate of nomination shall contain such other information as may be prescribed by the officer with whom the candidate files his notice of candidacy. A certificate of party or body nomination shall not be filed if such party or body has not previously registered with the Secretary of State as required by Chapter 34-9 of the Georgia Election Code and with the city clerk as required by Section 34B-801 of this Code. A certificate of nomination shall not be issued to a candidate by any political party unless the candidate is the nominee of such political party by virtue of having been nominated in a primary conducted by such political party for the purpose of nominating candidates for the particular office concerned or unless said candidate is the substituted nominee of such political party pursuant to the provisions of Code section 34A-903. Section 2. Said Title is further amended by striking in its entirety Code section 34A-905, relating to the conduct of primaries and non-partisan primaries, and substituting in lieu thereof a new Code section to read as follows: Section 34A-905. Primaries to be conducted only by political parties or non-partisan municipal executive committees;

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conduct of primaries. Either a political party as defined in this Code or a nonpartisan municipal executive committee duly registered with the city clerk may conduct a municipal primary for the purpose of electing its own officials or nominating candidates for municipal elections. Every primary held for such purpose shall be presided over and conducted in the manner prescribed by the rules and regulations of such party or nonpartisan municipal executive committee not inconsistent with the law and the rules and regulations of the State Election Board; however, all such primaries must be conducted in such manner as to guarantee the secrecy of the ballot. Municipalities may provide by their charter or ordinance that no political party shall conduct primaries for the purpose of nominating candidates for municipal elections; provided, however, the existing provisions of any charter or ordinance prohibiting primaries by political parties shall not be repealed by this Act. Section 3. Said Title is further amended by renumbering subsection (e) of Code section 34A-1004, relating to the form of the official election ballot, as subsection (f), and by inserting following subsection (d) a new subsection (e) to read as follows: (e) The name of a candidate shall not be listed on the ballot under the name of a political party column unless the candidate has accompanied his notice of candidacy by the certificate of nomination required by subsection (b) of Code section 34A-901. Ballots. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 9, 1969.

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GEORGIA ELECTION CODE AND GEORGIA MUNICIPAL ELECTION CODE AMENDED. Code Titles 34 and 34A Amended. No. 219 (House Bill No. 559). An Act to amend the Code of Georgia of 1933, as amended, so as to delete from Titles 34 and 34A, relating to elections, those provisions thereof which have been suspended pursuant to the provisions of the Voting Rights Act of 1965 (Public Law 89-1110; 79 Stat. 437); to wit: That question propounded to an applicant for registration which requires the applicant to specify his desire to qualify as an elector by reason of his ability to read and write the English language, or by reason of his ability to answer a standard list of questions; those provisions pertaining to the application of a literacy test to an applicant for registration; those provisions which set forth a standard list of questions to an applicant for registration desiring to qualify on the basis of his good character and his understanding of the duties and obligations of citizenship under a republican form of government; those provisions which require registrars and deputy registrars to be judicious, intelligent and upright electors; those provisions which require poll officers to be judicious, intelligent and upright electors; to increase the number of electors who may be assisted in voting by any one person, and to remove the exception which applies to blind persons; to provide certain additional requirements in connection with electors needing assistance in voting; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Code of Georgia of 1933, as amended, is hereby amended by striking from subsection (a) of Code section 34-609, relating to the form of registration cards, that paragraph which reads as follows: Do you desire to qualify as an elector by reason of your ability to read and write the English language, or by reason of your ability to answer the standard list of questions? Repealed.

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Section 2. Said Code is further amended by deleting in their entirety subsections (a) and (b) of Code section 34-617, relating to the tests of the qualifications of applicants for registration to be applied by registration officers. Repealed. Section 3. Said Code is further amended by striking in its entirety Code section 34-618, relating to the oral examination of applicants for registration who desire to qualify on the basis of good character and their understanding of the duties and obligations of citizenship under a republican form of government. Code 34-618 repealed. Section 4. Said Code is further amended by striking in their entirety subsections (b) and (c) of Code section 34-1317, relating to assistance in voting, as amended, particularly by an Act approved March 4, 1966 (Ga. L. 1966, p. 185) and substituting in lieu thereof new subsections (b) and (c) to read as follows: (b) Any elector who is entitled to receive assistance in voting under the provisions of this section shall be permitted by the managers to select (i) any elector, except a poll officer, who is a resident of the election district in which the elector requiring assistance is attempting to vote; or (ii) the mother, father, sister, brother, spouse or child of the elector entitled to receive assistance, to enter the voting compartment or booth with him to assist him in voting, such assistance to be rendered inside the voting compartment or booth. No person shall assist more than ten (10) such electors in any primary or election. Code 34-1317 amended. (c) The oaths of assisted electors shall be returned by the chief manager to the superintendent who shall cause the same to be duplicated and deliver the original oaths to the ordinary of the county and the duplicates to the board of registrars. If such physical disability was acquired after the time of registration and if it appears to be permanent, the registrars shall record the need for voting assistance on subsequent electors' lists for as long as the disability shall continue. The oaths of assisted electors shall be available in the ordinary's office for public inspection.

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Section 5. Said Code is further amended by striking from Code section 34A-403, relating to the qualifications of poll officers, the following: judicious, intelligent and upright, so that when so amended said Code section shall read as follows: Section 34A-403. Qualification of poll officers. Poll officers shall be electors of the municipality in which they are appointed and shall be able to read, write and speak the English language. No poll officer shall be eligible to any nomination or public office to be voted for at a primary or election at which he shall serve. Section 6. Said Code is further amended by striking from Code section 34A-503, relating to the qualifications of registrars and deputy registrars, the following: judicious, intelligent and upright, so that when so amended said Code section shall read as follows: Section 34A-503. Qualifications of registrars and deputy registrars. Registrars and deputy registrars shall be electors of the municipality in which they are appointed and shall be able to read, write and speak the English language. Section 7. Said Code is further amended by striking in its entirety Code section 34A-512, relating to the tests of qualifications of applicants for registration required by Code sections 34-617 and 34-618. Code 34A-512 repealed. Section 8. Said Code is further amended by striking from subsection (b) of Code section 34A-1211, relating to assistance in voting, the following: five (5)

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and substituting in lieu thereof the following: Code 34A-1211 repealed. ten (10), so that when so amended subsection (b) of said Code section shall read as follows: (b) Any elector who is entitled to receive assistance in voting under the provisions of this Section shall be permitted by the managers to select (i) any elector, except a poll officer, who is a resident of the election district in which the elector requiring assistance is attempting to vote; or (ii) the mother, father, sister, brother, spouse or child of the elector entitled to receive assistance, to enter the voting compartment or booth with him to assist him in voting, such assistance to be rendered inside the voting compartment or booth. No person shall assist more than ten (10) such electors in any primary or election. Section 9. Said Code is further amended by striking in its entirety subsection (c) of Code section 34A-1211, relating to assistance in voting, and substituting in lieu thereof a new subsection (c) to read as follows: (c) The oaths of assisted electors shall be returned by the chief manager to the superintendent who shall cause the same to be duplicated and deliver the original oaths to the ordinary of the county within which the municipality is located and the duplicates to the registrars. If such physical disability was acquired after the time of registration and if it appears to be permanent, the registrars shall record the need for voting assistance on subsequent electors' lists for as long as the disability shall continue. The oaths of assisted electors shall be available in the ordinary's office for public inspection. Code 34A-1211 (c) amended. Section 10. The provisions of this Act shall become effective upon the date of its approval by the Governor or it otherwise becomes law. Section 11. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 9, 1969.

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COUNTY SUPERINTENDENTS OF SCHOOLSMETHODS OF FILLING VACANCIES. Code 32-1003 Amended. No. 220 (House Bill No. 560). An Act to amend Code section 32-1003, relating to the method of filling vacancies in the office of county superintendent of schools, as amended, by an Act approved March 5, 1958 (Ga. L. 1958, p. 635), so as to provide that special elections called for the purpose of filling vacancies in the office of an elected county superintendent of schools shall be conducted in conformity with the Georgia Election Code; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 32-1003, relating to the method of filling vacancies in the office of county superintendent of schools, as amended, by an Act approved March 5, 1958 (Ga. L. 1958, p. 635), is hereby amended by striking in its entirety said Code section and substituting in lieu thereof the following: 32-1003. Vacancies, how filled. In the event of a vacancy by death, resignation, removal from office, or from any cause whatever, in the office of an elected county superintendent of schools in any county, or upon the death or disqualification of a county superintendent of schools elect, between the date of his election and the date that he assumes office, the vacancy shall be filled as follows: 1. In the event of a vacancy by death, resignation, removal from office, or from any other cause whatever, and there is less than six months remaining in the unexpired term, the county board of education shall appoint an acting county superintendent of schools for the unexpired term. 2. In the event there is more than six months remaining in the unexpired term, the county board of education shall

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appoint an acting county superintendent of schools to serve for a period of 30 days and until the vacancy can be filled as herein provided. In such event, it shall be the duty of the ordinary to issue a call, within 10 days after the vacancy occurs, for a special election to fill the vacancy for the unexpired term. Such election shall be held in accordance with the provisions of the Georgia Election Code. 3. In the event of the death or disqualification of a county superintendent of schools-elect preceding the date that he was to have assumed office, it shall be the duty of the ordinary, within 10 days after the death or disqualification occurs, to issue the call for a special election to elect a county superintendent of schools for the term to which the county superintendent of schools elect was elected. Such election shall be held in accordance with the provisions of the Georgia Election Code. The incumbent county superintendent of schools shall hold over until his successor is elected as herein provided. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 9, 1969. ORDINARIESMETHOD OF FILLING VACANCIES. Code 24-1707 Amended. No. 221 (House Bill No. 561). An Act to amend Code section 24-1707, relating to the method of filling vacancies in the office of ordinary, as amended, by an Act approved February 14, 1951 (Ga. L. 1951, p. 129), so as to provide that special elections called for

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the purpose of filling vacancies in the office of the ordinary shall be conducted in conformity with the Georgia Election Code; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 24-1707, relating to the method of filling vacancies in the office of ordinary, as amended, by an Act approved February 14, 1951 (Ga. L. 1951, p. 129), is hereby amended by striking said Code section in its entirety and substituting in lieu thereof a new Code section to read as follows: 24-1707. Vacancy, how filled. When a vacancy occurs in the office of ordinary in any county, it shall be the duty of the person who assumes the duties of the ordinary, as hereinafter provided, within 10 days after the vacancy occurs, to order a special election for the purpose of filling said vacancy. He shall give notice of such special election by publication in the newspaper in which the citations of the ordinary are published. Such special election shall be held in accordance with the provisions of the Georgia Election Code. Until the vacancy is filled, the chief judge of the city court or county court, as the case may be, shall serve as the ordinary and shall be vested with all the powers of the ordinary. If there be no such chief judge or, if for some reason, such chief judge cannot serve as ordinary, the clerk of the superior court of such county shall serve as ordinary and shall be vested with all the powers of the ordinary. In the event that the clerk of the superior court, for some reason, cannot serve as ordinary, the chief judge of the superior court of such county shall appoint a person to serve as ordinary, and such person shall be vested with all the powers of the ordinary. The board of county commissioners, or in those counties which have no commissioners, the chief judge of the superior court, shall fix the compensation of the person who serves as ordinary until the vacancy is filled. Such compensation shall be paid from the general funds of the county. The fees collected during such

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period of time shall be paid into the general funds of the county. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 9, 1969. GEORGIA ELECTION CODE AMENDEDRETURNS OF PRIMARIES AND ELECTIONS. Code Chapter 34-15 Amended. No. 222 (House Bill No. 562). An Act to amend Code Chapter 34-15, relating to the returns of primaries and elections, as amended, so as to provide for the procedures connected with the returns of primaries and elections; to provide for the rearrangement of said Chapter so that it may be more readily ascertained what procedures shall be employed in districts in which paper ballots, vote recorders or voting machines are used; to provide for a recount or recanvass by the superintendent of the votes cast; to provide for the canvass of the returns of elections for certain constitutional offices; to provide for the returns of elections on proposed constitutional amendments; to provide for a run-off election for certain constitutional offices when no candidate has received a majority of the votes cast for such offices; to provide that in instances where no candidate receives a majority, and if a candidate who received the second highest number of votes withdraws, no run-off election or primary shall be held, and the candidate receiving the highest number of votes shall be nominated or elected; to provide that in the event a candidate eligible to participate in the run-off dies or becomes ineligible, the remaining candidates receiving the two highest number of votes shall be candidates in such runoff; to provide that a write-in candidate eligible for election in a run-off shall be printed on the run-off election ballot in the Independent column; to

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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. Code Chapter 34-15, relating to the returns of primaries and elections, as amended, is hereby amended by striking in its entirety said Chapter and substituting in lieu thereof a new Chapter 34-15 to read as follows: Chapter 34-15. Returns of Primaries and Elections. Section 34-1501. Office of Superintendent to remain open during primaries and elections and until completion of count; reports and returns to be made public. Each superintendent shall cause his office to remain open during the entire duration of each primary and election, and after the close of the polls, until all the ballot boxes and returns have been received in the office of the superintendent, or received in such other place as has been designated by him. Section 34-1502. Returns to be open to public inspection; exceptions. The general returns from the various districts which have been returned unsealed shall be open to public inspection at the office of the superintendent as soon as they are received from the chief managers. None of the envelopes sealed by poll officers and entrusted to the chief manager for delivery to the superintendent shall be opened by any person except by order of the superintendent, or of a court of competent jurisdiction. Section 34-1503. Place of meeting for computation of votes; notice; papers to be prepared; assistants to be sworn. The superintendent shall arrange for the computation and canvassing of the returns of votes cast at each primary and election at his office or at some other convenient public place at the county seat with accommodations for those present in so far as space permits. An interested candidate or his representative shall be permitted to keep or check his own computation of the votes cast in the several election districts as the returns from the same are read, as hereinafter directed. The superintendent shall give at least one week's notice prior to the primary or election by publishing

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same in a conspicuous place in the county courthouse, of the time and place when and where he will commence and hold his sessions for the computation and canvassing of the returns, and keep copies of such notice posted in his office during such period. The superintendent shall procure a sufficient number of blank forms of returns made out in proper manner, and headed as the nature of the primary or election may require, for making out full and fair statements of all votes which shall have been cast within the county or any district therein, according to the returns from the several election districts thereof, for any person voted for therein, or upon any question voted upon therein. The assistants of the superintendent in the computation and canvassing of the votes shall be first sworn by the superintendent to perform their duties impartially and not read, write, count or certify any return or vote falsely or fraudulently. Section 34-1504. Computation of returns by superintendent; certification; (a) The superintendent shall, at or before noon on the day following the primary or election, at his office or at some other convenient public place at the county seat, of which due notice shall have been given as provided by Section 34-1503, publicly commence the computation and canvassing of the returns, and continue the same from day to day until completed in the manner hereinafter provided. For this purpose the superintendent may organize his assistants into sections, each of which may simultaneously proceed with the computation and canvassing of the returns from various districts of the county in the manner provided by this Section. Upon the completion of such computation and canvassing, the superintendent shall tabulate the figures for the entire county and sign, announce and attest the same, as required by this section. (b) The superintendent, before computing the votes cast in any election district, shall compare the registration figure with the certificates returned by the poll officers showing the number of persons who voted in each district or the number of ballots cast. If, upon consideration by the superintendent of the returns before him from any election district and the certificates aforesaid, it shall appear that the total vote returned for any candidate or candidates for the

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same office or nomination or on any question exceeds the number of electors in such election district or exceeds the total number of persons who voted in such election district or the total number of ballots cast therein. Such excess shall be deemed a discrepancy and palpable error, and shall be investigated by the superintendent, and no votes shall be recorded from such district until an investigation shall be had, and such excess shall authorize the summoning of the poll officers to appear forthwith with any primary or election papers in their possession. The superintendent shall then examine all the registration and primary or election documents whatever, relating to such district, in the presence of representatives of each party, body and interested candidates. Such examination may, if the superintendent deems necessary, include a recount or recanvass of the votes of that election district and a report of the facts of the case to the district attorney where such action appears to be warranted. (i) In districts in which paper ballots or vote recorders have been used, the superintendent may require the production of the ballot box and the recount of the ballots contained in such ballot box, either generally or respecting the particular office, nomination, or question as to which the excess exists, in the discretion of the superintendent, and the correction of the returns in accordance with the result of such recount. If the ballot box be found to contain more ballots than there are electors registered in such election district, or more ballots than the number of voters who voted in such district at such primary or election, the superintendent may, in his discretion, exclude the poll of that district, either as to all offices, candidates, questions, or parties and bodies, or as to any particular offices, candidates, questions or parties and bodies as to which such excess exists. (ii) In districts in which voting machines have been used, the superintendent may require a recanvass of the votes recorded on the machines used in the district, as outlined in this Chapter. (c) (i) In districts in which paper ballots or vote recorders have been used, the superintendent shall first publicly

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account for all extra ballots printed under the provisions of section 34-1107. The general returns made by the poll officers from the various election districts shall then be read one after another in the usual order, slowly and audibly, by one of the assistants who shall, in each case of a return from a district in which ballots were used, read therefrom the number of ballots issued, spoiled and cancelled, and cast, respectively, whereupon the assistant having charge of the records of the superintendent showing the number of ballots furnished for each election district, including the number of extra official ballots as provided by section 34-1107 as so furnished and the number of stubs and unused ballots and spoiled and cancelled ballots returned, shall publicly announce the number of the same respectively, and unless it appears by such number or calculations therefrom that such records, and such general return correspond, no further returns shall be read from the latter until all discrepancies are explained to the satisfaction of the superintendent. (ii) In districts in which voting machines have been used, there shall be read from the general return the identifying number or other designation of each voting machine used, the numbers registered on the protective counter or device on each machine prior to the opening of the polls and immediately after close of the same, whereupon the assistant having charge of the records of the superintendent showing the number registered on the protective counter or device of each voting machine prior to delivery at the polling place, shall publicly announce the numbers so registered, and unless it appears that such records, and such general return correspond, no further returns shall be read from the latter until any and all discrepancies are explained to the satisfaction of the superintendent. (d) (i) In districts in which paper ballots have been used, when the records agree with such returns regarding the number of ballots and the number of votes recorded for each candidate, such votes for each candidate shall be read by an assistant slowly, audibly and in an orderly manner from the general returns which has been returned unsealed,

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and the figures announced shall be compared by other assistants with the general return which has been returned sealed. The figures announced for all districts shall be compared by one of the assistants with the tally papers from the respective districts. If any discrepancies are discovered, the superintendent shall thereupon examine all of the return sheets, tally papers and other papers in his possession relating to the same election district. If the tally papers and sealed general return sheet agree, the unsealed general return shall be forthwith corrected to conform thereto. But in every other case the superintendent shall forthwith cause the ballot box of the district to be opened and the vote therein to be recounted in the presence of interested candidates or their representatives, and if the recount shall not be sufficient to correct the error, the superintendent may summon the poll officers to appear forthwith with all election papers in their possession. (ii) In districts in which voting machines have been used when the records agree with the returns regarding the number registered on the voting machine, the votes recorded for each candidate shall be read by an assistant slowly, audibly and in an orderly manner from the general return sheet which has been returned unsealed, and the figures announced shall be compared by other assistants with the duplicate return sheet which has been returned sealed, and if the voting machine is of the type equipped with mechanism for printing paper proof sheets, such general and duplicate return sheets shall also be compared with such proof sheets, which have been returned as aforesaid. If any discrepancies are discovered, the superintendent shall thereupon examine all of the return sheets, proof sheets and other papers in his possession relating to the same election district. Such proof sheets shall be deemed to be prima facie evidence of the result of the primary or election and to be prima facie accurate, and if the proper proof sheets properly identified, shall be mutually consistent, and if the general and duplicate returns, or either of them, from such district shall not correspond with such proof sheets, they shall be corrected so as to correspond with same, in the absence of allegation of specific fraud or error, proved to the satisfaction of the superintendent.

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(iii) If any error or fraud is discovered, the superintendent shall compute and certify the votes justly regardless of any fraudulent or erroneous returns presented to him, and shall report the facts to the appropriate attorney general for action. (e) If any error or fraud is discovered, the superintendent shall compute and certify the votes justly regardless of any fraudulent or erroneous returns presented to him, and shall report the facts to the appropriate attorney general for action. (f) The superintendent shall see that the votes shown by each absentee ballot are added to the return received from the election district of the elector casting such ballot. (g) As the returns from each election district are read, computed and found to be correct or corrected as aforesaid, they shall be recorded on the blanks prepared for the purpose until all the returns from the various election districts which are entitled to be counted shall have been duly recorded, when they shall be added together, announced and attested by the assistants who made and computed the entries respectively, and signed by the superintendent. The consolidated returns shall then be certified by the superintendent in the manner required by this Code. (h) In case the results of an election contest change the returns so certified, a corrected return shall be certified and filed by the superintendent, making such corrections as the Court orders. Section 34-1505. Recount or Recanvass of votes. (a) In districts where paper ballots or vote recorders have been used, the superintendent may, either of his own motion, or upon petition of any candidate or political party, order the recount of all the ballots for a particular election district or districts for one or more offices in which it shall appear that a discrepancy or error, although not apparent, on the face of the returns, has been made. Such recount may be held at any time prior to the certification of the consolidated

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returns by the superintendent and shall be conducted under the direction of the superintendent. Before making such recount, the superintendent shall give notice in writing to each candidate, and to the county chairman of each party or body affected by the recount, and each such candidate may be present in person, or by representative, and each such party or body may send two representatives to be present at such recount. If upon such recount, it shall appear that the original count by the poll officers was incorrect, such returns and all papers being prepared by the superintendent, shall be corrected accordingly. (b) In districts where voting machines have been used, whenever it appears that there is a discrepancy in the returns recorded for any voting machine or machines, or that an error, although not apparent on the face of the returns, exists, the superintendent shall, either of his own motion, or upon the sworn petition of three electors of any district, order a recanvass of the votes shown on that particular machine or machines. Such recanvass may be conducted at any time prior to the certification of the consolidated returns by the superintendent. In conducting such recanvass the superintendent shall summon the poll officers of the district, and such officers, in the presence of the superintendent, shall make a record of the number of the seal upon the voting machine or machines, and the number of the protective counter or other device; shall make visible the registering counters of each such machine, and, without unlocking the machine against voting, shall recanvass the vote thereon. Before making such recanvass, the superintendent shall give notice in writing to the custodian of voting machines, and to each candidate, and to the county chairman of each party or body, affected by the canvass, and each such candidate may be present in person, or by representative, and each of such parties or bodies, may send two representatives to be present at such recanvass. If, upon such recanvass, it shall be found that the original canvass of the returns has been correctly made from the machine, and that the discrepancy still remains unaccounted for, the superintendent, with the assistance of the custodian, in the presence of the poll officers and the authorized candidates and representatives, shall unlock the voting and counting mechanism of the

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machine, and shall proceed thoroughly to examine and test the machine to determine and reveal the true cause or causes, if any, of the discrepancy in returns from such machine. Each counter shall be reset at zero (000) before it is tested, after which it shall be operated at least one hundred times. After the completion of such examination and test, the custodian shall then and there prepare a statement, in writing, giving in detail the result of the examination and test, and such statement shall be witnessed by the persons present, and shall be filed with the superintendent. If, upon such recanvass, it shall appear that the original canvass of the returns by the poll officers was incorrect, such returns and all papers being prepared by the superintendent shall be corrected accordingly; provided, however, that in the case of returns from any election district wherein the primary or election was held by the use of a voting machine equipped with mechanism for printing paper proof sheets, such proof sheets, if mutually consistent, shall be deemed to be prima facie evidence of the result of the primary or election and to be prima facie accurate, and there shall not be considered to be any discrepancy or error in the returns from any such district, such as to require a recanvass of the vote, if all available proof sheets, from the voting machine used therein, identified to the satisfaction of the superintendent and shown to his satisfaction to have been produced from proper custody, shall be mutually consistent, and, if the general and duplicate returns, or either of them, from such districts shall not correspond with such proof sheets, they, and all other papers being prepared by the superintendent, shall be corrected so as to correspond with the same, in the absence of allegation of specific fraud or error, proved to the satisfaction of the superintendent by the weight of the evidence, and only in such case shall the vote of such election district be recanvassed under the provisions of this Section. Section 34-1506. Manner of computing write-in votes. The superintendent, in computing the votes cast at any election, shall compute and certify write-in votes exactly as such names were written on the ballot, or deposited or affixed in or on receptacles for that purpose, and as they have been so returned by the poll officers.

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Section 34-1507. Copy of certified returns to be filed; primary returns; returns forwarded to Secretary of State. (a) After the certification of the returns of any primary or election, as provided by section 34-1504, the superintendent shall retain in his office one copy of the returns so certified. (b) In the case of a primary, each county executive committee shall make the return required by the rules of its party. (c) (i) The returns of every election for Governor, Lieutenant Governor, Secretary of State, Attorney General, State School Superintendent, Comptroller General, Treasurer, Commissioner of Agriculture, and Commissioner of Labor shall be sealed up by the superintendent separately from other returns and shall be transmitted to the Secretary of State. On the Tuesday next following the general election, the Secretary of State shall transmit said returns to the Constitutional Officers Election Board which shall be composed of the Speaker and Clerk of the House of Representatives, the President Pro Tempore and the Secretary of the Senate, and the chairman of each standing committee of the General Assembly. The Speaker of the House shall act as the chairman of such Board. On said date, the chairman shall convene such Board at such time and place as he shall determine, after having given due notice thereof, to all members of the Board and the candidates named herein. Each candidate shall be entitled to designate one person to be present at the opening of the returns. Such Board shall open and publish the returns of each such election. The person having the majority of the whole number of votes in each election shall be declared duly elected. (ii) If it shall appear that any of the returns of the election for such offices shall not have been transmitted to the Secretary of State as provided by this Code at the time the Board convenes, the Chairman of the Board shall immediately notify the Chairman of the State Election Board and inform him as to which returns have not been received. It shall be the duty of the Chairman of the State Election Board to immediately convene the State Election Board for

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the purpose of completing such returns. The State Election Board shall assume all of the powers, duties and responsibilities of the superintendent of the delinquent county for the purpose of completing the count and tabulation of the votes cast in such county for such offices. It shall be the duty of the superintendent, poll officers and other election officials in such county to render to the State Election Board all such asisstance and cooperation as shall be required to complete such count and tabulation without delay. Upon the request of the State Election Board, all ballots, lists, sheets and all other election paraphernalia as shall be required to complete the returns shall be surrendered to the State Election Board and the Judge of the Superior Court of such county shall take such action as necessary to carry this into effect. The State Election Board shall immediately complete the count and tabulation of such votes and immediately transmit the returns of such elections to the Chairman of the Constitutional Officers Election Board. When the State Election Board has completed its use of the election materials, such materials shall be returned to the county officials from whom received for disposition in accordance with applicable provisions of this Code. As soon as all returns of such elections are in the hands of the Chairman of the Constitutional Officers Election Board, the Chairman shall immediately convene the Board, after giving the notices provided for above, and the Board shall open and publish the returns of each such election. (d) In the case of elections of Federal and State officers, except those officers named in subsection (c) above, a separate certificate showing totals of the returns cast for each of such officers respectively, shall also be forwarded by the ordinary to the Secretary of State on forms furnished by the Secretary of State. (e) The returns and certificates referred to in subsections (c) and (d) above shall be accompanied in each election with a numbered list of voters from each election district involved. Section 34-1508. Secretary of State to tabulate, compute and canvass certain returns. Upon receiving the certified

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returns of any election from the various ordinaries, the Secretary of State shall forthwith proceed to tabulate, compute and canvass the votes cast for all candidates described in section 34-1507 (d), and upon all questions voted for by the electors of more than one county, and shall thereupon certify and file in his office the tabulation thereof. Section 34-1509. Returns of county and militia district officers commissioned by Governor to be transmitted to Governor; commissions; certificates of elections. In case of the election of any county officer, justice of the peace, constable or other officer required by law to be commissioned by the Governor in any of the several counties of this State, it shall be the duty of the ordinary to transmit immediately to the Secretary of State a certified copy of the returns of all such offices. The Secretary of State shall forthwith lay the returns so made before the Governor, and the Governor shall issue a commission to any persons elected to such offices. The ordinary shall, as soon as the returns have been properly certified, issue certificates of election to the successful candidates for all county offices to be filled by the votes of electors of such county. Section 34-1510. Certification of results of referendum elections and constitutional amendments. (a) The results of all referendum elections which are provided for by any act of the General Assembly shall immediately be certified, by the authority holding such election, to the Secretary of State. In addition thereto, the official citation of the act involved and the purpose of such election shall be sent to the Secretary of State at the same time. The Secretary of State shall maintain a permanent record of such certifications. (b) The superintendents shall certify the returns of elections on all constitutional amendments to the Secretary of State. Upon receiving the certified returns from the various superintendents, the Secretary of State shall forthwith proceed to canvass and tabulate the votes cast on such amendments. Upon completing the tabulation thereon, the Secretary of State shall certify the result to the Governor, and the Governor shall issue his proclamation declaring the results of the vote on each amendment.

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Section 34-1511. United States Senators; Representatives in Congress; members of the General Assembly; certificates of election; returns. (a) Upon completing the tabulation of any election for United States Senator or Representative in Congress, the Secretary of State shall lay the same before the Governor, who shall immediately issue certificates of election under the seal of the State, duly signed by himself, and attested by the Secretary of State, and deliver the same to the candidates receiving a majority of the votes for the respective offices. (b) The Secretary of State shall issue certificates of election to the persons elected members of the Senate and House of Representatives of the General Assembly, and between the hours of twelve noon and one P.M. on the second Monday in January of each odd-numbered year, present before the Senate and the House of Representatives the several returns of the elections of members of the respective Houses. In case of a special election occurring during a session of the General Assembly, he shall present the returns thereof to the proper House as soon as received and tabulated by him. Section 34-1512. Governor and other State officers; Presidential electors; certificates of election; commissions. (a) The person receiving a majority of the votes for the respective offices named in section 34-1507 (c) shall be declared elected thereto, and certificates of such elections shall be made and filed with the Secretary of State. The Secretary of State shall immediately lay before the Governor such certificates of election, except the certificate of election of Governor, whereupon the Governor shall issue a commission to each person so elected; and then the Secretary of State shall issue a commission to the person elected Governor. The Secretary of State shall immediately after tabulating and computing the returns of each election of Justice of the Supreme Court, of Judge of the Court of Appeals, of Commissioner of the Georgia Public Service Commission, of Judge of the superior court, and of attorney general, certify the result thereof to the Governor, who shall immediately issue a commission to such person.

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(b) In the event no candidate for the Office of Governor, Lieutenant Governor, Secretary of State, Attorney General, State School Superintendent, Comptroller General, Treasurer, Commissioner of Agriculture, or Commissioner of Labor receives a majority of the whole number of votes cast in the general election, the Constitutional Officers Election Board shall continue the election for the office in which no candidate received a majority by immediately calling a run-off election and designating as candidates therein the two persons who received the highest number of votes for the particular office concerned, who continue in life and have not declined to continue as a candidate. This run-off election shall be held on the second Tuesday immediately following the general election. The run-off election shall be a continuation of the general election for the particular office concerned, and only the electors who were entitled to vote in the general election for candidates for that particular office shall be entitled to vote therein; and only those votes cast for the two persons designated by the Constitutional Officers Election Board as candidates in such run-off election shall be counted in the tabulation and canvass of the votes cast. The provisions of Code section 34-1507 (c), relating to the convening of the Constitutional Officers Election Board, transmission of the returns in the general election, the opening of the returns, their tabulation, canvassing and publication, shall apply to the run-off elections provided for by the provisions of this subsection. On the Tuesday next following the run-off election, the Constitutional Officers Election Board shall convene, open, canvass, tabulate and publish the returns of the run-off election or elections. The person having the highest number of votes entitled to be counted in the run-off election for each of such offices shall be declared duly elected. Section 34-1513. Commissions if election contested. A commission which is to be issued as provided by this Code to any person elected to any office shall be issued notwithstanding the fact that the election of such persons to any such offices may be contested in the manner provided by this Code. Whenever it shall appear by the final judgment of the proper tribunal having jurisdiction of a contested election, that the person to whom such commission shall

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have been issued has not been legally elected to the office for which he has been commissioned, then a commission shall issue to the person who shall appear to be legally elected to such office, and the issuing of such commission shall nullify the commission already issued, and all power and authority under such commission first issued shall thereupon cease. Section 34-1514. Majority vote required to nominate or elect; exception; run-off 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 run-off primary or election, between the candidates receiving the two highest number of votes, shall be held on the fourteenth day after the day of holding the preceding primary or election, unless such run-off date is postponed by court order; provided that in the event the candidate receiving the second highest number of votes withdraws, no such run-off shall be held and the candidate receiving the highest number of votes shall be nominated or elected as the case may be; provided further that in the event any candidate eligible to be in a run-off dies, or one of the two candidates originally receiving the highest number of votes is found to be ineligible, the remaining candidates receiving the two highest number of votes shall be the candidates in such run-off. The candidate receiving the highest number of the votes cast in such run-off primary or election to fill the nomination or public office he seeks shall be declared the winner. The name of a write-in candidate eligible for election in a run-off shall be printed on the run-off election ballot in the independent column. Only the electors entitled to vote in the first primary or election shall be entitled to vote in any run-off primary or election resulting therefrom; provided, however, that no elector

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shall vote in a run-off primary in violation of section 34-624. The State executive committee of a political party holding a run-off primary in an area involving two or more counties shall make prior arrangement for financing the cost of holding same. Section 34-1515. Special election on failure to nominate or elect or on death or withdrawal of officer elect .Whenever any primary or election shall fail to fill a particular nomination or office and such failure cannot be cured by a run-off primary or election, or whenever any person elected to public office shall die or withdraw prior to taking office, then the authority, with whom the candidates for such nomination or office filed their notice of candidacy, shall thereupon call a special primary or election to fill such position. Section 34-1516. Delivery of ballots and other documents to clerk of superior court .Immediately upon completing the returns required by this Chapter, the superintendent shall deliver in sealed containers to the clerk of the superior court the used, unused and void ballots and the stubs of all ballots used, numbered list of voters, tally paper, voting machine paper proof sheet, and return, involved in the primary or election. The clerk shall hold such ballots and other documents under seal (unless otherwise directed by the superior court) until the next meeting of the grand jury and shall thereupon present such documents to the grand jury for inspection. Such ballots and other documents shall be preserved in the office of the clerk until the adjournment of such grand jury and then they may be destroyed unless otherwise provided by court order. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 9, 1969.

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GEORGIA ELECTION CODE AMENDED. Code Chapter 34-13 Amended. No. 223 (House Bill No. 563). An Act to amend Code Chapter 34-13, relating to the preparation for and conduct of primaries and elections, as amended, so as to reorganize said Chapter into three separate categories of procedures which will deal with the preparation and conduct of the primaries in districts in which paper ballots, vote recorders and voting machines are used; to authorize the political parties to decide whether the same or separate ballot boxes shall be used; to provide that the electors list furnished mangers of election districts shall indicate the name of any elector who has been mailed an absentee ballot; to provide who the electors list shall be delivered to in primaries where the parties do not agree to have only one set of managers; to provide that only the required poll officers shall meet at least 30 minutes before the opening of the polls; to provide that poll officers before entering upon their duties shall take the necessary oath; to provide who shall appoint the person or persons to be in charge of the electors list in primaries in which separate election managers are used; to provide for poll watchers; to provide for the disposition of any ballots or stubs belonging to another party; to provide that the superintendent may stop the counting of votes after all contested races and questions are counted under certain circumstances; to authorize the superintendent in those election districts using vote recorders to make a duplicate ballot card on which any invalid vote shall be omitted, or count write-in ballots in such manner as State Election Board rules may prescribe, omitting the invalid vote, in any instance where invalid votes are cast on a write-in ballot; to provide that candidates in special elections shall not be listed according to party affiliation unless candidate has been nominated in a special primary; to provide the procedures to be employed when ballot cards are so torn, bent or otherwise ineffective that they cannot be processed by the tabulating machine; to provide the procedures connected

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with the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Chapter 34-13 of the Code of Georgia, relating to the preparation for and conduct of primaries and elections, as amended, is hereby amended by inserting in subsection (a) of Code section 34-1303, relating to the delivery of ballots and election supplies to managers, immediately before the next to the last sentence the following sentence: In primaries, the parties shall decide whether to use the same ballot box or to use separate ballot boxes., so that when so amended subsection (a) of Code section 34-1303 shall read as follows: (a) The cards of instruction, return sheets, tally sheets, oaths of poll officers, affidavits, and other forms and supplies required for use in each election district, and in districts in which ballots are used, the official ballots prepared for use therein, shall be packed by the superintendent in separate sealed packages for each election district, marked on the outside so as to clearly designate the districts for which they are intended, and, in the case of districts in which ballots are used, the number of ballots enclosed. They shall then be delivered by the superintendent, together with the ballot box which shall bear the designation of the election district, to the managers in the several election districts, prior to the hour appointed for opening the polls. In primaries, the parties shall decide whether to use the same ballot box or to use separate ballot boxes. The managers of the respective election districts, shall, on delivery to them of such packages, return receipts therefor to the superintendent, who shall keep a record of the time when and the manner in which the several packages are delivered. The superintendent may, in his discretion, require the managers of the respective districts to call at his office to obtain such packages. Code 34-1303 (a) amended. Section 2. Said Chapter is further amended by striking in its entirety subsection (b) of Code section 34-1303, relating

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to the delivery of ballots and election supplies to managers, and substituting in lieu thereof a new subsection (b) to read as follows: (b) The registrars shall, prior to the hour appointed for opening the polls, place in the possession of the managers in each election district one copy of the certified electors list for such district, such list to contain all the information required by law. The list shall indicate the name of any elector who has been mailed or delivered an absentee ballot. The list for a given election district may be divided into as many alphabetical sections as is deemed necessary. Such list of electors shall be authenticated by the signatures of at least two of the registrars. In a primary, where the parties do not agree to have only one set of managers for an election district, the electors list shall be delivered to the chief manager of the political party which polled the highest number of votes in the election district in the immediately preceding governor's election. The managers of the respective districts shall, on delivery to them of such electors lists, return receipts therefor to the registrars, who shall keep a record of the time when and the manner in which the electors lists are delivered. The registrars may, in their discretion, require the managers of the respective districts to call at their office to obtain such lists. Code 34-1303 (b) amended. Section 3. Said Chapter is further amended by striking from Code section 34-1307, relating to prohibition of certain campaign activities within a certain distance of polling places, the following: Code 34-1307 amended. ; presence of soliders prohibited. (a). Section 4. Said Chapter is further amended by striking in its entirety subsection (a) of Code section 34-1308, relating to the meeting of poll officers and duties thereof, and substituting in lieu thereof a new subsection (a) to read as follows: (a) The required poll officers shall meet in the respective places appointed for holding the primary or election in each election district at least thirty minutes before

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the hour for opening the polls on the day of each primary or election. All poll officers before entering upon their duties at any primary or election, shall take and subscribe in duplicate the oaths required by this Code. Code 34-1308 (a) amended. Section 5. Said Chapter is further amended by inserting between the first and second sentences of subsection (c) of Code section 34-1308, relating to the meeting of poll officers and duties thereof, the following sentence: In primaries being held with separate election district managers, the chief managers appointed by each party shall jointly appoint the person or persons to be in charge of the electors list., so that when so amended subsection (c) of Code section 34-1308 shall read as follows: (c) After the poll officers of a district have been organized, the chief manager shall designate one of the assistant managers to have custody of the electors list. In primaries being held with separate election district managers, the chief managers appointed by each party shall jointly appoint the person or persons to be in charge of the electors list. In districts in which ballots are used, the other assistant manager shall have charge of the receipt and deposit of ballots in the ballot box, the chief manager or one of the clerks shall issue the ballots to electors after they are found entitled to vote, and the other clerk shall have custody of the voter's certificate binder, and shall place the voter's certificates therein as they are received and approved. In districts in which voting machines are used, the other assistant manager or clerk shall have custody of the voter's certificate binder, and shall place the voter's certificates therein as they are received and approved, and the chief manager shall have special charge of the operation of the voting machine; provided, however, that the chief manager may make other arrangements for the division of the duties imposed by this Code, so long as each poll officer is assigned some specific duty to perform. In all election districts, the chief manager shall assign an assistant manager or a clerk to keep a numbered

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list of voters, in sufficient counterparts, during the progress of the voting. Code 34-1308 (c) amended. Section 6. Said Chapter is further amended by striking in its entirety Code section 34-1309, relating to the opening of polls, posting instructions and notices, and examination of voting machines, and substituting in lieu thereof a new Code section 34-1309 to read as follows: Section 34-1309. Duites of primary and election officials performed in public. Superintendents, poll officers and other officials, engaged in the conduct of primaries and elections held under the provisions of this Code, shall perform their duties in public. Section 7. Said Chapter is further amended by renumbering Code section 34-1310, relating to the manner of applying to vote, those persons entitled to vote, voter's certificates and numbered lists of voters, as Code section 34-1328, and by striking in its entirety subsection (a) of renumbered Code section 34-1328 and substituting in lieu thereof a new subsection (a) to read as follows: Code 34-1310 renumbered. (a) At every primary and election, each elector who desires to vote shall first execute a voter's certificate and hand the same to the poll officer in charge of the electors list. When an elector has been found entitled to vote, the poll officer who examined his voter's certificate shall sign his name or initials on the voter's certificate, and shall, if the voter's signature is not readily legible, print such voter's name under his signature. Code 34-1328 amended. As each elector is found to be qualified and votes, the poll officers shall check off the elector's name on the electors list, and shall enter the number of the stub of the ballot issued to him, or his number in the order of admission to the voting machines, on the voter's certificate of such elector. As each elector votes, his name in the order of voting shall be recorded in the numbered list of voters provided for that purpose.

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Section 8. Said Chapter is further amended by inserting following Code section 34-1309 a new Code section 34-1310 to read as follows: Section 34-1310. Poll Watchers. (a) In a primary each candidate entitled to have his name placed on the primary ballot may submit the name of one poll watcher for each election district in which he wishes an observer to the Chairman or Secretary of the appropriate party executive committee at least ten (10) days prior to such primary. The appropriate party executive committee shall designate at least three (3) days prior to such primary, no more than two poll watchers for each election district, such poll watchers to be selected by the committee from the list submitted by party candidates. Official poll watchers will be given a letter signed by the party chairman and secretary and containing the following information: name of official poll watcher, address, precinct in which he shall serve, and name and date of primary. (b) In an election each political party shall be entitled to designate two official poll watchers for each district, such poll watchers to be selected by the appropriate party executive committee as set forth in (a) above. Each independent candidate shall be entitled to designate one poll watcher in each election district. Each such poll watcher shall be given a letter signed by the appropriate political party chairman and secretary, if a party designates same, or by the independent candidate, if named by him. Such letter shall contain the following information: name of official poll watcher, address, precinct in which he shall serve, and date of election. (c) Notwithstanding any other provisions of this Code, a poll watcher may be permitted behind the enclosed space for the purpose of observing the conduct of the election and the counting and recording of votes. Such poll watcher shall in no way interfere with the conduct of the election, and the poll manager may make reasonable regulations to avoid such interference. If a poll watcher persists in interfering with the conduct of the election, after being duly warned by the poll manager or superintendent, he may be removed by

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such official. Any infractions or irregularities observed by poll watchers shall be reported directly to the superintendent, not to the poll manager. Section 9. Said Chapter is further amended by renumbering Code section 34-1311, relating to the voters certificate binder, as Code section 34-1317. Code 34-1311 renumbered. Section 10. Said Chapter is further amended by inserting following code section 34-1310 a new Code section 34-1311 to read as follows: Section 34-1311. Instructors of electors .If any elector, before or after entering the voting booth, shall ask for instructions concerning the manner of voting, a poll officer may give him such instructions, but no person giving an elector such instructions shall in any manner request, suggest or seek to persuade or induce any such elector to vote any particular ticket or for any particular candidate or for or against any particular question. After giving such instructions, and before the elector closes the booth or votes, the poll officer shall retire, and the elector shall forthwith vote. Section 11. Said Code Chapter is further amended by striking in its entirety Code section 34-1312, relating to the requirement that the duties of primary and election officials shall be performed in public. Code 34-1312 repealed. Section 12. Said Chapter is further amended by renumbering Code section 34-1313, relating to the admission of voters within the enclosed space, as Code section 34-1318, and by striking in its entirety subsection (c) of said renumbered Code section. Code 34-1313 renumbered, etc. Section 13. Said Chapter is further amended by renumbering Code section 34-1314, relating to the method of marking and depositing ballots in districts in which paper ballots are used, as Code section 34-1319, and by adding in subsection (d) of Code section 34-1319, following the second sentence, the following, The number strip shall be deposited

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in the stub box provided for such purpose and the number strips shall be retained with the ballots and other stubs. Code 34-1314 renumbered, etc. Section 14. Said Chapter is further amended by renumbering Code section 34-1315, relating to the manner of voting in districts in which voting machines are used as Code section 34-1330, and by striking the caption and subsection (a) of said renumbered Code section, and substituting in lieu thereof the following: Admission of voters within enclosed space; instructions for voting in primaries and elections; write in votes; challenged ballots . (a) No elector shall enter the enclosed space until he is found entitled to vote, after which he shall be admitted to the voting machine booth as soon as it is vacant, and shall be permitted to vote. Code 34-1315 renumbered, etc. Section 14A. Said Chapter is further amended by deleting from subsection (d) of renumbered Code section 34-1330 the second sentence thereof and substituting in lieu thereof the following: Where two or more persons are to be elected to the same office, and the names of such candidates are placed upon or adjacent to a single key, handle, pointer or knob, and the voting machine requires that all write-in ballots voted for that office be deposited, written or affixed in or upon a single receptacle or device, an elector may vote in or by such receptacle or device for one or more persons whose names do not appear upon the machine, with or without the name of one or more persons whose names do so appear. Code 34-1330 amended. Section 15. Said Chapter is further amended by inserting following Code section 34-1314 the following: B. Procedures for Conducting Elections in Districts Using Paper Ballots. Section 34-1315. Opening of polls; posting cards of instructions and notices of penalties. In districts in which ballots are used, the poll officers shall, after taking the oath, publicly open the ballot boxes which have been furnished to them, and shall, prior to opening of the polls, totally

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destroy any ballots and other papers which they may find therein which are not intended for use in such primary or election. When the polling place is opened, the ballot box shall be securely locked, and shall not be opened until the close of the polls, as provided in section 34-1321. At the opening of the polls the seals of the packages furnished by the superintendent shall be publicly broken, and such packages shall be opened by the chief manager. The cards of instruction shall be immediately posted in each voting compartment, and not less than three such cards and notices of penalties, shall be immediately posted in or about the voting room outside the enclosed space, and such cards of instruction and notices of penalties shall be given to any elector at his request so long as there are any on hand. Section 16. Said Chapter is further amended by renumbering section 34-1316, relating to the manner of voting in districts in which vote recorders are used, as Code section 34-1335, and by adding at the end of renumbered Code section 34-1335 a new subsection to be lettered subsection (g) and to read as follows: (g) The number strip shall either be deposited in the stub box or placed upon a spindle file maintained by the poll officer for such purpose, and the number strips shall be retained with the ballots and other stubs., Code 34-1316 renumbered, etc. and inserting immediately before said Code section the following: D. Procedures for Conducting an Election in Districts Using Vote Recorders. Section 17. Said Chapter is further amended by inserting following Code section 34-1315 a new Code section 34-1316 to read as follows: Section 34-1316. Manner of applying to vote; persons entitled to vote; voter's certificates; entries to be made on voter's certificates; numbered lists of voters. (a) At every primary and election, each elector who desires to vote shall first execute a voter's certificate and hand the same

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to the poll officer in charge of the electors list. When an elector has been found entitled to vote, the poll officer who examined his voter's certificate shall sign his name or initials on the voter's certificate, and shall, if the voter's signature is not readily legible, print such voter's name under his signature. As each elector is found to be qualified and votes, the poll officers shall check off the elector's name on the electors list, and shall enter the number of the stub of the ballot issued to him, or his number in the order of admission to the voting machines, on the voter's certificate of such elector. As each elector votes, his name in the order of voting shall be recorded in the numbered list of voters provided for that purpose. (b) If any elector was unable to sign his name at the time of registration, or, if having been able to sign his name when registered, he subsequently shall have become, through physical disability, unable to sign his name when he applies to vote, he shall establish his identity to the satisfaction of the poll officers, and in such case he shall not be required to sign a voter's certificate, but a certificate shall be prepared for him by a poll officer, upon which the facts as to such disability shall be noted and attested by the signature of such poll officer. (c) Except as provided in sections 34-629 and 34-1407, no person shall vote at any primary or election at any polling place outside the election district in which he resides, nor shall he vote in the election district in which he resides, unless he has been registered as an elector and his name appears on the electors list of such election district. Section 18. Said Chapter is further amended by renumbering Code section 34-3417, relating to assistance in voting, as Code section 34-1312. Code 34-1317 renumbered. Section 19. Said Chapter is further amended by renumbering Code section 34-1318, relating to the issuance of ballots, their removal and depositing, as Code section 34-1320. Code 34-1318 renumbered. Section 20. Said Chapter is further amended by renumbering Code section 34-1319, relating to the regulations in force at the polling places, as Code section 34-1313. Code 34-1319 renumbered.

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Section 21. Said Chapter is further amended by renumbering Code section 34-1320, relating to duties of poll officers after the close of the polls in districts in which paper ballots are used, as Code section 34-1321, and by striking from the caption of renumbered Code section 34-1321 the following: Code 34-1320 renumbered, etc. in districts in which ballots are used. Section 22. Said Chapter is further amended by renumbering Code section 34-1321, relating to the count and return of votes in districts in which paper ballots are used, as Code section 34-1322, and by striking from the caption of renumbered Code section 34-1322 the following: in districts in which ballots are used, and by striking in its entirety subsection (a) and substituting in lieu thereof a new subsection (a) to read as follows: Code 34-1321 renumbered, etc. (a) After the polls close at 7:00 o'clock p.m. and as soon as all the ballots have been properly accounted for, and those outside the ballot box, as well as the voters certificates, numbered list of voters and electors list have been sealed, the poll officers shall open the ballot box and take therefrom all ballots contained therein. In primaries in which more than one ballot box is used, any ballots or stubs belonging to another party holding its primary in the same polling place which may be found in the ballot or stub box shall be returned to the proper election officials of the party for whom the ballots were issued. Where the same ballot box is being used by one or more parties, the ballots and stubs shall first be divided by party before being tallied and counted. The ballots shall then be counted one by one, and a record made of the total number. Then the chief manager, together with such assistant managers and other poll officers as the chief manager may designate, under the scrutiny of one of the assistant managers and in the presence of the other poll officers, shall read aloud the names of the candidates marked or written upon each ballot, together with the office for which the person named is a candidate, and the answers contained on the ballots to the questions

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submitted, if any, and the other assistant manager and clerks shall carefully enter each vote as read, and keep account of the same in ink on a sufficient number of tally papers, all of which shall be made at the same time. All ballots, after being removed from the box, shall be kept within the unobstructed view of all persons in the voting room until replaced in the box. No person while handling the ballots shall have in his hand any pencil, pen, stamp or other means of marking or spoiling any ballot. The poll officers shall immediately proceed to canvass and compute the votes cast, and shall not adjourn or postpone the canvass or computation until it shall have been fully completed except that, in the discretion of the superintendent, the poll officers may stop the counting after all contested races and questions are counted provided that the results of these contested races and questions are posted for the information of the public outside the polling place and the ballots are returned to the ballot box and deposited with the superintendent until counting is resumed on the following day. Section 23. Said Chapter is further amended by renumbering Code section 34-1322, relating to the manner of counting ballots, as Code section 34-1323. Code 34-1322 renumbered. Section 24. Said Chapter is further amended by renumbering Code section 34-1322A, relating to the procedures concerning ballots marked other than prescribed, as Code section 34-1324. Code 34-1322A renumbered. Section 25. Said Chapter is further amended by renumbering Code section 34-1323, relating to the decisions concerning questionable marks on ballots, as Code section 34-1325. Code 34-1323 renumbered. Section 26. Said Chapter is further amended by renumbering Code section 34-1324, relating to the disposition of returns, electors lists and voters certificates; posting of returns and the return of ballot boxes, as Code section 34-1326 and add in subsection (a) of renumbered Code section 34-1326, after posted for the information of the public outside the polling place, the following words, one shall be returned sealed to the superintendent in an envelope

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prepared for the Secretary of State in the case of elections, or the state party in the case of a primary,; so that when so amended subsection (a) of Code section 34-1326 shall read as follows: Code 34-1324 renumbered, etc. (a) Immediately after the vote has been counted in districts in which paper ballots are used, all of the general returns shall be signed by the poll officers. If any poll officer shall refuse to sign or certify the general returns, he shall write his reasons therefor upon the general return sheets. One of such returns shall be immediately posted for the information of the public outside the polling place, one shall be returned sealed to the superintendent in an envelope prepared for the Secretary of State in the case of elections, or the state party in the case of primary, and one shall be entrusted to the chief manager for delivery to the superintendent with the package of unused ballots and other election supplies in an envelope provided for that purpose. The poll officers shall then replace all the ballots cast, so counted and canvassed, in the ballot boxes, including those declared void, spoiled, and cancelled, together with the voter's certificates, one set of tally papers, one general return sheet, one numbered list of voters, sealed as aforesaid, and one oath of each poll officer, and lock and seal each ballot box so that nothing can be inserted therein until it be opened again; and the chief manager and an assistant manager shall immediately deliver the ballot boxes to the custody of the superintendent, and the superintendent shall not compute any returns from any election district until the ballot boxes therefore, as well as the package of unused ballots and other election supplies therefrom are so delivered. Section 27. Said Chapter is further amended by renumbering Code section 34-1325, relating to the duties of poll officers after the close of polls in districts in which voting machines are used, as Code section 34-1331, and by striking from the caption of renumbered Code section 34-1331 the following: Code 34-1325 renumbered, etc. in districts in which voting machines are used. Section 28. Said Chapter is further amended by renumbering Code section 34-1326, relating to the canvass and

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return of votes in districts in which voting machines are used, as Code section 34-1332, and by striking from the caption of said renumbered Code section 34-1332 the following: Code 34-1326 renumbered, etc. in districts in which voting machines are used. Section 29. Said Chapter is further amended by renumbering Code section 34-1327, relating to the disposition of returns, posting of returns and the return of electors lists and voter's certificate, as Code section 34-1333 and add in subsection (a) of renumbered Code section 34-1333, after, posted on the door of the polling place with such statement; the following words, one shall be returned with a district return sheet sealed in an envelope prepared for the Secretary of State in the case of elections, or the state party in the case of a primary; so that when so amended subsection (a) of Code section 34-1333 shall read as follows: (a) The general return sheets, duplicate return sheets, and statement, shall be printed to conform with the type of voting machine used, and in form approved by the Secretary of State. The designating number and letter, if any, on the counter for each candidate, shall be printed thereon opposite the candidate's name. Immediately after the vote has been ascertained, the statement thereof shall be posted on the door of the polling place. Duplicate return sheets, voter's certificates, numbered list of voters, oaths of poll officers, and affidavits of voters and others, shall be sealed up and given to the chief manager, who shall deliver them, together with the general return sheet and the package of ballots deposited, written or affixed in or upon the voting machine, to the superintendent. If the type of voting machine is equipped with mechanism for printing paper proof sheets, one of such proof sheets shall be posted on the door of the polling place with such statement; one shall be returned with a district return sheet sealed in an envelope prepared for the Secretary of State in the case of elections, or the state party in the case of a primary; one shall be placed in the envelope and delivered with the general return sheet; and one shall be sealed in the envelope with the duplicate return sheets and delivered by the chief manager to the superintendent. The printed proof sheet returned with the

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general return sheet, and the printed proof sheet returned with the duplicate return sheet, shall each be part of the return of the primary or election. Code 34-1327 renumbered, etc. Section 30. Said Chapter is further amended by inserting following Code section 34-1326 the following: C. Procedures for Conducting Elections in Districts Using Voting Machines. Section 34-1327. Opening of polls; posting cards of instruction and notices of penalties; examination of voting machines .(a) In the districts in which voting machines are used, at the opening of the polls, the seals of the package furnished by the superintendent shall be publicly broken, and such package shall be opened by the chief manager. Not less than three cards of instruction and notices of penalties, and not less than two diagrams of the face of the machine shall be immediately posted in or about the voting room outside the enclosed space, and such cards and notices of penalties shall be given to any elector at his request; so long as there are any on hand. Thereupon the managers, before opening the envelope containing the keys which unlock the operating mechanism and registering counters or counter compartment of the voting machine, shall examine the number of the seal on the machine and the number registered on the protective counter or device, and shall see whether they are the same as the numbers written on the envelope containing the keys. If either number shall be found not to agree, the envelope shall remain unopened until the poll officers shall have notified the proper custodian of voting machines, or the ordinary, and until the custodian or some other person authorized by the ordinary shall have presented himself at the polling place for the purpose of reexamining the machine, and shall have certified that it is properly arranged. But if the numbers on the seal and the protective counter or device shall both be found to agree with the numbers on the envelope, the envelope shall be opened, and where the voting machine provided is not equipped with mechanism for printing paper proof sheets, the poll officers shall examine the registering counters, and, for that purpose, shall open the doors concealing

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such counter, if the construction of the voting machine shall so require, and, before the polls are opened, each manager shall carefully examine every counter, and shall see that it registers zero (000). When the voting machine provided is equipped with mechanism for printing paper proof sheets, and requires the simultaneous use of three keys to unlock the registering counters or counter compartment, the chief manager shall deliver one of the two keys, aforesaid, to an assistant manager to be retained by him as hereinafter provided, and shall then print at least two proof sheets, one of which each manager shall carefully examine to ascertain whether every counter registers zero (000), and shall then preserve such proof sheets to be signed by them and returned to the superintendent, with the duplicate return sheet, and shall sign and post the other proof sheet upon the wall of the polling place, where it shall remain until the polls are closed. The key delivered by the chief manager to such assistant manager as aforesaid, shall be retained by him until the polls have been closed, and the voting and counting mechanism of the machine shall have been locked and sealed against voting, and shall then be returned to the chief manager, for return by him to the ordinary, as hereinafter provided. (b) If the ballot labels containing the names of officers, political parties and bodies, candidates and questions, shall not be in their proper places on the voting machine, the poll officers shall immediately notify the proper custodian of voting machines, or the superintendent, and the machine shall not be used until the custodian, or some other person authorized by the superintendent, shall have supplied ballot labels, as herein prescribed. If the ballot labels for a voting machine shall not be delivered at the time required, or if after delivery, they shall be lost, destroyed or stolen, the superintendent or custorian shall cause other ballot labels to be prepared, printed or written, as nearly in the form of the official ballot labels as practicable, and shall cause such ballot labels to be used in the same manner, as nearly as may be, as the official ballot labels would have been used. (c) The managers shall sign a certificate showing: (1) the identifying number or other designation of the voting

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machine; (2) the delivery of the keys in a sealed envelope; (3) the number on the seal upon the machine; (4) the number registered on the protective counter or device; (5) that all the counters were set at zero (000); and (6) that the ballot labels are properly placed in the machine, which certificate shall be returned by the chief manager to the superintendent with the other certificates, as hereinafter provided. (d) The machine shall remain locked against voting until the polls are opened, and shall not be operated except by electors in voting. If any counter is found not to register zero (000), the poll officers shall immediately notify the custodian, or the ordinary, who shall, if practicable, adjust or cause the counters to be adjusted at zero (000), but, if it shall be found impracticable for the custodian or other person authorized by the ordinary to arrive in time so as to adjust such counters before the time set for opening the polls, the poll officers shall immediately make a written record of the designation or designating letter or number of such counter, together with the number registered thereon (herein below called the initial number) and shall sign and post the same upon the wall of the polling place, where it shall remain until the polls are closed; provided, however, that if the voting machine used is equipped with mechanism for printing paper proof sheets, in any case where any counter is shown by such proof sheet not to register zero (000), if it shall be found impracticable to have such counter adjusted before the time set for opening the polls, the poll officer shall sign such printed proof sheet and post the same upon the wall of the polling place where it shall remain until the polls are closed; and, in filling out the returns of the election, if the final number of such counter is greater than the initial number, the poll officers shall subtract the initial number from the final number, and enter the difference on the returns as the vote for the candidate or on the question represented by such counter; if the final number of such counter is less than the initial number, the poll officers shall add one thousand to the final number and shall subtract the initial number from the sum so ascertained, and shall enter upon the returns as the vote for the candidate or on the question

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represented by such counter the final number plus one thousand less the initial number. (e) The exterior of the voting machine, and every part of the polling place, shall be in plain view of the poll officers. The voting machine shall be located at the polling place, at least six feet back of the guard-rail or barrier, in such a position that, unless its construction shall require otherwise, the ballot labels on the face of the machine can be seen plainly by the poll officers when the machine is not occupied by an elector. (f) The poll officers shall not themselves be, nor allow any other person to be, in any position that will permit any one to see or ascertain how an elector votes, or how he has voted. A poll officer shall inspect the face of the machine at frequent intervals, to see that the ballot labels are in their proper places, and that the machine has not been injured or tampered with. (g) During a primary or election, the door, or other covering of the compartment containing the counters of the machine shall not be unlocked or opened, or the counters exposed, except by action of the proper custodian of voting machines, for good and sufficient reason, a statement of which shall be made in writing and signed by him and attested by the signatures of the poll officers, or except upon the written order of the ordinary, for good and sufficient reason, which shall be stated in the order. Section 31. Said Chapter is further amended by renumbering Code section 34-1328, relating to duties of poll officers after the close of the polls in districts in which vote recorders are used, as Code section 34-1336, and by striking the following phrase, where a duplicate ballot card shall be made on which any invalid vote shall be omitted, from renumbered section 34-1336 (f), and substituting in lieu thereof the following: in the discretion of the superintendent, either: (i) a duplicate ballot card shall be made on which any invalid vote shall be omitted; or (ii) the write-in ballot and the ballot card shall be counted in such manner as may be prescribed by State

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Election Board rules, omitting the invalid vote; so that when so amended subsection (f) of Code section 34-1336 shall read as follows: Code 34-1328 renumbered, etc. (f) Examine each write-in vote to ascertain whether it is valid by checking with the vote cast on the ballot card by the same elector; and if any vote cast on the write-in ballot in combination with the vote cast for the same office on the ballot card, exceeds the allowed number for the office, the entire vote cast for that office shall be marked void and shall not be counted; and the ballot of such elector shall be kept with the write-in ballot, on which shall be written a notation that the vote or votes cast for the office concerned are invalid because they exceed the number allowed by law; and the write-in ballot and the ballot card of such elector shall be returned with the defective ballot cards to the tabulating machine center, where, in the discretion of the superintendent, either; (i) a duplicate ballot card shall be made on which any invalid vote shall be omitted; or (ii) the write-in ballot and the ballot card shall be counted in such manner as may be prescribed by State Election Board rules, omitting the invalid vote. Section 32. Said Chapter is further amended by renumbering Code section 34-1329, relating to the returns in districts in which vote recorders are used, as Code section 34-1337. Code 34-1329 renumbered. Section 33. Said Chapter is further amended by inserting following Code section 34-1328 a new Code section to be numbered Code section 34-1329 and to read as follows: Section 34-1329. Voter's Certificate Binder. After each elector has been admitted to vote, his voter's certificate shall be inserted in the binder provided therefor by the registrars, and known as the `Voter's Certificate Binder' and such voter's certificates so bound shall constitute the official list of electors voting at such primary or election. All voter's certificates prepared by persons applying to vote whose applications to vote are refused by the

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poll officers shall be separately preserved and returned to the superintendent with the other papers. Section 34. Said Chapter is further amended by renumbering Code section 34-1330, relating to the disposition of the checked lists and voter's certificates, as Code section 34-1314.1. Code 34-1330 renumbered. Section 35. Said Chapter is further amended by renumbering Code section 34-1331, relating to the conduct of special elections as Code section 34-1314, and by adding at the end of renumbered Code section 34-1314 the following sentence: Code 34-1331 renumbered, etc. Candidates in special elections shall not be listed on the ballot according to party affiliation unless a candidate has been nominated in a special primary, in which event such a candidate shall have his party affiliation appear on the ballot by his name. Section 36. Said Chapter is further amended by renumbering Code section 34-1332, relating to the removal and storage of voting machines, as Code section 34-1334. Code 34-1332 renumbered. Section 37. Said Chapter is further amended by renumbering Code section 34-1333, relating to overvotes, as Code section 34-1314.2. Code 34-1333 renumbered. Section 38. Said Chapter is further amended by inserting at the end thereof a new Code section to be numbered Code section 34-1338 and to read as follows: Section 34-1338. Procedures at the tabulation center. (a) (i) In primaries and elections in which vote recorders have been used, the ballot cards shall be counted at one or more tabulating machine centers under the direction of the superintendent. All persons who perform any duties at the tabulating machine center shall be deputized by the superintendent, and only persons so deputized shall touch any ballot card, container, paper, or machine utilized in the conduct of the count, or be permitted to be inside the area designated for officers deputized to conduct the count.

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All proceedings at a tabulating machine center shall be open to the view of the public, but no person except one employed and designated for the purpose by the superintendent or his authorized deputy shall touch any ballot cards or ballot card container. (ii) At the tabulating machine center the seal on each container of ballot cards shall be inspected and certified that it has not been broken before the container is opened. The ballot cards and other contents of the container shall then be removed, and the ballot cards shall be prepared for processing by the tabulating machine. The ballot cards of each polling place shall be plainly identified and not commingled with the ballot cards of other polling places. (iii) If it appears that a ballot card is so torn, bent or otherwise defective that it cannot be processed by the tabulating machine, the superintendent, in his discretion, may either: (a) order that the ballot card be counted in the same manner as paper ballots are counted; or (b) order the proper election official at the tabulating center to prepare a true duplicate copy for processing with the ballot cards of the same polling place, which shall be verified in the presence of a witness. All duplicate cards shall be clearly labeled by the word `Duplicate' and shall bear the designation of the polling place and a serial number, which shall also be recorded on the defective card. Any ballot card returned by the managers with the notation that the votes cast for a particular office are invalid shall, after inspection, be processed by either of the methods prescribed in section 34-1336 (f). (iv) The official returns of the votes cast on ballot cards at each polling place shall be printed by the tabulating machine, to which shall be added the votes of absentee electors and write-in votes. The returns thus prepared shall be certified and promptly posted as provided by this Code for paper ballots. The official returns for the primary or election may be printed by the tabulating machine, to which are added the tally of write-in and absentee votes, and shall be canvassed and certified as provided by this Code. The ballot cards, write-in ballots, spoiled, defective

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and invalid ballot cards and returns shall be filed and retained in the same manner as provided by this Code for paper ballots. (v) The final canvass of the votes cast on vote recorders and counted by tabulating machines in a primary or election may be made by adding the results as determined by the superintendent, to the results of the canvass of votes cast by absentee electors and write-in votes, and making the statement of the vote in the manner provided for the particular primary or election. If paper ballots or voting machines are used in part of the county for all or a part of the primary or election, such votes shall be canvassed in the manner provided by this Code, ad shall be added to the votes cast on ballot cards as provided by this Code. Section 39. Said Chapter is further amended by adding immediately before Code section 34-1301 the following: A. General Provisions. Section 40. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 9, 1969. GEORGIA ELECTION CODE AMENDED. Code Title 34 Amended. No. 224 (House Bill No. 564). An Act to amend Title 34 of the Code of Georgia of 1933, relating to elections, so as to provide that when the last day for the exercise of a privilege or duty shall fall on a Saturday, the next succeeding business day shall be the last day for the exercise of such privilege or duty; to remove the Secretary of State from the requirement that members of the State Election Board may not offer for election to office; to provide that the qualification for public office shall vacate a member's position on the

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State Election Board; to require that the Secretary of State determine and approve the form of the ballot for use in a special election; to provide that political parties may hold joint primaries or partially separate primaries; to provide that there shall be but one polling place in each election district; to authorize the superintendent to appoint additional clerks for the purpose of counting ballots or for other duties; to authorize absentee registration for residents of the State of Georgia temporarily residing outside of the United States; to authorize an elector in certain instances to cast his ballot in the election district containing the county courthouse; to authorize the board of registrars to permit an elector to vote in a district other than his residence; to provide that an elector who moves his residence within a county shall notify the board of registrars; to provide how such elector's name shall be placed on the electors lists; to provide that the ordinary shall select a polling place which will provide adequate space for all political parties to conduct their primaries; to provide that any candidate required to accompany his notice of candidate with a nomination petition or any candidate who is the nominee of a political party by virtue of the convention method except substitute candidates shall file notice of candidacy no later than 12:00 noon on the second Wednesday in June immediately prior to the election; to provide that twenty-nine days must intervene between the issuance of a call for a special election and the holding of the same; to provide that a substitute nomination may be made if a candidate is disqualified after nomination; to delete provision that qualification fee for office in House of Representatives be set by governing authority of the county; to provide when political parties shall close the date of their qualification of candidates; to provide for the posting of a list of candidates who have qualified with the political parties; to provide for the reopening of qualifications under certain conditions; to delete reference regarding area covered by judicial circuit which is no longer necessary; to provide that unless a candidate has filed with his nominating petition a certificate from a political party attesting that he is the nominee of such party, the candidate's name shall appear on the ballot

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under the Independent column; to allow ballots used in certain primaries to be of different colors; to change the number of ballots required to be furnished and maintained as a reserve; to change the number of required voting machines and vote recorders; to delete reference to use of write-in ballot in primary; to remove the requirement that the name stub on a ballot card must be serially numbered; to authorize other election officers, in addition to poll officers, to vote by absentee ballot; to require that an application for an absentee ballot shall be made by mail or in person in the registrar's office; to provide that the county nurse may certify to an elector's physical disability; to provide that certain permanently disabled electors shall not be required to file additional certificates of disability; to provide that registrars may deliver absentee ballots only within the confines of their offices, or to an elector who is confined in a hospital; to authorize absentee ballots in counties using vote recorders to be in such form as will allow the ballot to be machine tabulated; to change the persons who may witness a jurat of an elector voting by absentee ballot; to authorize the Governor to appoint a judge of the superior court emeritus to hear an election contest under certain circumstances; to change the manner of providing the judges with their expenses; to provide when an election contest may be filed; to prohibit facsimile or counterfeit ballot labels; to authorize certain distribution of facsimile ballots and ballot labels; to authorize distribution of certain newspaper reprints of facsimile ballots; to provide all of 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. Title 34 of the Code of Georgia of 1933, relating to elections, is hereby amended by striking in its entirety Code section 34-105, relating to the computation of time in certain instances, and substituting in lieu thereof a new Code section 34-105 to read as follows: Section 34-105. Computation of time in certain cases. When the last day for the exercise of any privilege or the

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discharge of any duty prescribed or required by this Code shall fall on a Saturday, Sunday or legal holiday, the next succeeding business day shall be the last day for the exercise of such privilege or the discharge of such duty. Section 2. Said Title is further amended by striking in its entirety subsection (f) of Code section 34-201, relating to the State Election Board, and substituting in lieu thereof a new subsection (f) to read as follows: (f) If any member of the Board, other than the Secretary of State, shall qualify as a candidate for any public office which is to be voted upon in any primary or election regulated by the Board, that member's position on the Board shall be immediately vacated and such vacancy shall be filled in the manner provided for filling other vacancies on the Board. Code 34-201 amended. Section 3. Said Title is further amended by adding at the end of Code section 34-301, relating to the powers and duties of the Secretary of State, a new subsection to be lettered subsection (i) and to read as follows: Code 34-301 amended. (i) To determine and approve the form of ballots for use in special elections. Section 4. Said Title is further amended by striking in its entirety Code section 34-501, relating to managers of election districts, and substituting in lieu thereof a new Code section 34-501 to read as follows: Section 34-501. Managers. (a) All elections shall be conducted in each election district by a board consisting of a chief manager, who shall be chairman of such board, and two assistant managers, assisted by clerks as hereinafter provided. The managers of each election district shall be appointed by the superintendent. The superintendent shall make each appointment by entering an order which shall remain of record in his office, and shall transmit a copy of such order to the appointee. The order shall include the name and address of the appointee, his title, and a designation

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of the election district and election in which he is to serve. (b) Primaries may, depending upon the decision of the parties involved, be conducted either jointly with one set of managers, which shall consist of a chief manager and two assistant managers, or partially separately with a chief manager and two assistant managers appointed by each party for each election district. Where a primary is conducted jointly by two or more parties, the managers and clerks shall be agreed upon and appointed by the parties involved. The county chairman of political parties involved shall jointly make each such appointment by entering an order which shall remain of record in their offices, and a copy of such order shall be transmitted to each appointee. The order shall include the name and address of the appointee, his title, and a designation of the election district and primary in which he is to serve. When parties elect to use separate election officials, each party superintendent shall appoint the managers for each election district by entering an order for each appointment, which order shall remain of record in his office and a copy of which shall be transmitted to the appointee. The order shall include the name and address of the appointee, his title and a designation of the election district and the primary in which he is to serve. Section 5. Said Title is further amended by adding at the end of Code section 34-502, relating to the appointment of clerks by the superintendent, the following sentence: If additional clerks are required during the day for the purpose of counting ballots, or for other purposes, the superintendent may appoint same., so that when so amended Code section 34-502 shall read as follows: Section 34-502. Clerks. Prior to the opening of the polls in each district at each primary and election, the superintendent shall appoint a sufficient number of clerks to serve therein at such primary or election. If additional

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clerks are required during the day for the purpose of counting ballots, or for other purposes, the superintendent may appoint same. Section 5A. Said Title is further amended by adding after the words: a resident of as they appear in the first sentence of subsection (a) of Code section 34-619, relating to absentee registration, the following: the State of Georgia who is temporarily residing outside of the United States, or a resident of, so that when so amended subsection (a) of Code section 34-619 shall read as follows: (a) Notwithstanding any other provision of this Chapter, a resident of the State of Georgia who is temporarily residing outside of the United States, or a resident of the State of Georgia who is temporarily residing outside of the State and who is: (i) a member of the armed forces of the United States while in active service; (ii) a member of the merchant marine of the United States; (iii) a civilian employee of the United States; (iv) a member of a religious group or welfare agency assisting members of the armed forces of the United States, who is officially attached to and serving with such armed forces; or (v) the spouse or dependent of a person described in categories (i), (ii), (iii), or (iv) above; may register to vote by complying with the provisions of this Section, and such person shall be herein referred to as an absentee applicant. Code 34-619(a) amended. Section 6. Said Title is further amended by striking, wherever it shall appear in Code section 34-629, relating to where electors shall vote, the following figure: Code 34-629 amended. 40,000, and substituting in lieu thereof; 50,000.

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Section 7. Said Title is further amended by adding at the end of Code section 34-631, relating to procedures to be employed when an elector moves his residence, a new subsection to be lettered subsection (d) and to read as follows: (d) In the event any elector moves to a residence within the county which has a different address from the address contained on such person's registration card, it shall be his duty to notify the board of registrars of such fact at least fifteen (15) days prior to the primary or election in which he wishes to vote, and the board of registrars shall place such person's name on the proper list of electors at least five (5) days prior to such primary or election. If the board, of its own knowledge, knows of such move, it may make the proper change and notify the elector of such change. Code 34-631(d) enacted. Section 8. Said Title is further amended by striking in its entirety subsection (c) of Code section 34-705, relating to the selection of polling places, and substituting in lieu thereof a new subsection (c) to read as follows: (c) In primaries, the ordinary in selecting and fixing the polling place in each election district shall select a polling place which will provide adequate space for all parties conducting their primaries therein. Code 34-705(e) amended. Section 8A. Said Title is further amended by striking from the last sentence of Code section 34-806, relating to the conduct of special elections, the word thirty and substituting in lieu thereof the word twenty-nine so that when so amended Code section 34-806 shall read as follows: Section 34-806. Conduct of special election. Every special election shall be held and conducted in all respects in accordance with the provisions of this Code relating to general elections, and the provisions of this Code relating to general elections shall apply thereto insofar as practicable, and not inconsistent with any other provisions of this Code. All such special elections held at the time of a general election shall be conducted by the poll officers by the use of the same equipment and facilities, so far as practicable, as

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are used for such general election. At least twenty-nine days shall intervene between the call of a special election and the holding of same. Section 8B. Said Title is further amended by striking form the end of subsection (b) of Code section 34-1001, relating to the filing of notice of candidacy, as amended, particularly by an Act approved April 3, 1968 (Ga. L. 1968, p. 858), the following: at least sixty days prior to the general election and substituting in lieu thereof the following: no later than 12:00 Noon on the second Wednesday in June immediately prior to the election, so that when so amended subsection (b) of Code section 34-1001 shall read as follows: (b) Each candidate for federal or state office, or his agent, desiring to have his name placed on the ballots, shall file notice of his candidacy, giving his name, residence address and the office he is seeking, in the office of the Secretary of State at least forty-five days prior to the election in the case of a general election and at least fifteen days prior to the election in the case of a special election; except, that such filing shall not apply to a candidate for a militia district office (justice of the peace or constable). Each candidate for a county or militia district office, or his agent, desiring to have his name placed on the ballots, shall file notice of his candidacy in the office of the ordinary of his county at least forty-five days prior to the election in the case of a general election and at least fifteen days prior to the election in the case of a special election. If a runoff primary is held, each candidate nominated therein, or his agent, shall file notice of his candidacy with the appropriate officer within five days after the holding of such primary, irrespective of such five day period exceeding a qualification deadline hereinabove prescribed. Any candidate required to accompany his notice of candidacy with a nomination petition as hereafter prescribed, and any candidate who is the nominee of a political party

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by virtue of the convention method of nomination except substitute candidates nominated by the convention method, shall file his notice no later than 12:00 Noon on the second Wednesday in June immediately prior to the election. Code 34-1001(b) amended. Section 9. Said Title is further amended by inserting in subsection (a) of Code section 34-1003, relating to substitute nominations, between the words death and or the following: , disqualification, so that when so amended subsection (a) of Code section 34-1003 shall read as follows: (a) Any vacancy happening in any party nomination (filled by primary) for a public office to be filled by the vote of the electors of more than one county, by reason of the death, disqualification or withdrawal of any candidate therefor, occurring after nomination but at least ten days prior to the election to fill the public office sought by such candidate, may be filled by a substituted nomination made by a convention composed of the delegates of the county executive committee of such party in each county in which electors reside who are eligible to vote for the filling of such public office. Immediately upon such vacancy occurring, the State executive committee, or a subcommittee thereof appointed for the purpose, shall fix a time within six days of the happening of such vacancy and shall select and provide a convenient place for the holding of such a convention, which shall be open to the public, and shall give notice thereof to the chairman and secretary of each county executive committee entitled to participate in the convention. Each county executive committee shall be entitled to select the number of delegates apportioned to it by the State executive committee; provided, however, that each county executive committee shall be entitled to select at least one delegate. Such apportionment of delegates among the counties shall be based substantially upon the population of the area involved in the convention according to the last United States Decennial Census, or upon the number of votes cast within such area for the party's candidates

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for presidential electors in the last presidential election. A two-thirds majority of the delegates of such county executive committees shall constitute a quorum for the transaction of business, and a majority of the delegates present while a quorum exists shall be sufficient to fill such nomination by a substituted nomination. Each delegate shall have one vote and all votes taken shall be by a roll call vote. The records of the convention shall be filed with the State executive committee. In the event such a vacancy in party nomination shall happen during the ten days preceding the day of such an election or on the morning of such an election prior to the opening of the polls, such vacancy may be filled by a substituted nomination made by the State executive committee or a subcommittee thereof appointed for the purpose. Code 34-1003(a) amended. Section 10. Said Title is further amended by inserting in subsection (c) of Code section 34-1003, relating to substitute nominations, between the words death and or the following: Code 34-1003(c) amended. , disqualification, so that when so amended subsection (c) of Code section 34-1003 shall read as follows: (c) Any vacancy happening in any party nomination (filled by means other than by primary) or body nomination, by reason of the death, disqualification or withdrawal of any candidate after nomination, may be filled by a substituted nomination made by such committee as is authorized by the rules and regulations of the party or body to make nominations in the event of vacancies on the party or body ticket. Section 10A. Said Title is further amended by striking from the first sentence of Code section 34-1004, relating to qualification fees, the following phrase: or membership in the House of Representatives of the General Assembly,

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so that when so amended, said Code section shall read as follows: Section 34-1004. Qualification fees. The governing authority of any county, at least ninety days prior to the election in the case of a general election, and at least twenty days prior to the election in the case o fa special election, shall fix and publish a reasonable qualification fee to be paid by candidates seeking election to any county or militia district office. Such fee shall be paid to the ordinary at the time a candidate files his notice of candidacy and the fee shall be promptly transmitted to the governing authority for application toward the payment of the cost of holding the election. Within the same time limitation, the Secretary of State shall fix and publish a reasonable qualification fee to be paid by each candidate filing his notice of candidacy with him. If the office sought by the candidate is filled by the vote of electors within a single county, the Secretary of State shall transmit such fee to the governing authority of such county for application toward the payment of the cost of holding the election. If the office sought by the candidate is filled by the vote of electors of more than one county then such fee shall be equally divided among the counties involved, and the Secretary of State shall transmit the proper portion of such fee to the governing authority of each such county for application toward the payment of the cost of holding the election. No candidate nominated in a primary or in a convention held by his political party shall be required to pay such fee. Section 11. Said Title is further amended by striking in its entirety Code section 34-1006, relating to the qualifying of candidates, and substituting in lieu thereof a new Code section 34-1006 to read as follows: Section 34-1006. Qualification of Candidates. Unless otherwise provided by law, all candidates for party nomination in a primary shall qualify as such candidates in accordance with the procedural rules of their party; provided, however, that no person shall be prohibited from qualifying for such office who meets the requirements of such procedural rules and (i) who is eligible to hold the office

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which he seeks, (ii) who is not prohibited from being nominated or elected by provisions of Code section 34-106 or 34-107, as presented written or hereafter amended, and (iii) who, if party rules so require, affirms his allegiance to his party by signing the following oath: `I do hereby swear or affirm my allegiance to the..... (name of party) Party.' In the case of a general primary, the candidates shall commence qualifying not earlier than 135 days prior to the date of such primary and not later than the last Wednesday in May. All parties shall close their qualifications at 12:00 noon on the second Wednesday in June immediately preceding such primary. In the case of a special primary, the candidates shall qualify at least 15 days prior to the date of such primary. Within one hour after the qualifications have ceased, the county executive committee of each political party or body shall post at the county courthouse a list of all candidates who have qualified with such executive committee, and the State executive committee of each political party or body shall post a list of all candidates who have qualified with such committee at the courthouse of the county in which such executive committee's office is located. In the event of the death of a candidate prior to the date of a primary, the State executive committee or other committee of the party authorized by party rule, may reopen qualification for the office sought by the deceased candidate for a period of not less than one nor more than three days. Section 11A. Said Title is further amended by striking from the end of subsection (a) of Code section 34-1007, relating to polling places, the following phrase: ; except that such area shall mean the judicial circuit when the office of judge of the superior court or solicitor general is involved,

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so that when so amended, subsection (a) of Code section 34-1007 shall read as follows: (a) A political party, in nominating a candidate for public office in a primary, shall use and provide poll officers for each polling place in each election district in the area wherein the electors reside who shall elect the persons to fill such public office in the next election therefor. Code 34-1007(a) amended. Section 12. Said Title is further amended by renumbering subsections (d), (e) and (f) of Code section 34-1103, relating to the form of election ballots, as subsections (e), (f) and (g), respectively, and by inserting following subsection (c) a new subsection (d) to read as follows: Code 34-1103 renumbered, etc. (d) Unless a candidate has filed with his nominating petition a certificate from a political party or body attesting that such candidate is the nominee of such party by virtue of having been nominated in a duly constituted party convention, the candidate's name shall appear on the ballot under the Independent column. Section 13. Said Title is further amended by adding at the end of the fourth sentence of Code section 34-1104, relating to the form of the ballot, the following: , except that ballots being used in primaries held by more than one party may be of different colors if the parties so agree, so that when so amended said Code section shall read as follows: Code Section 34-1104. Form of ballots; printing ballots; stubs; numbers. In any primary or election, the superintendent shall cause the ballots to be printed in the form prescribed by this Code. All ballots for use in the same election district at any primary or election shall be alike and shall contain only the names of the candidates and issues to be voted on in such district. They shall be at least six inches long and four inches wide, and shall have a margin extending beyond any printing thereon. They

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shall be printed with the same kind of type (which shall not be smaller than the size known as `brevier' or `eight point body') upon white paper of uniform quality, without any impression or mark to distinguish one from another, and with sufficient thickness to prevent the printed matter from showing through, except that ballots being used in primaries held by more than one party may be of different colors if the parties so agree. Each ballot shall be attached to a name stub, and all the ballots for the same election district shall be bound together in books of fifty or one hundred, in such manner that each ballot may be detached from its stub and removed separately. The ballots for each party to be used at a primary shall be bound separately. The name stubs of the ballots shall be consecutively numbered, and in the case of primary ballots, the number shall be preceded by an initial or abbreviation designating the party name. The number and initial or abbreviation which appears upon the stub shall also be printed in the upper portion of the front of the ballot, separated from the remainder of the ballot by a horizontal perforated line so as to constitute a number strip and so prepared that the upper portion of the front of the ballot containing the number may be detached from the ballot before it is deposited in the ballot box. The number strip on the ballot shall also have the following words printed thereon: `Tear off before depositing ballot in ballot box'. Section 14. Said Title is further amended by striking in its entirety Code section 34-1107, relating to the number of ballots which are to be printed, and substituting in lieu thereof a new Code section 34-1107 to read as follows: Section 34-1107. Number of ballots to be printed. The superintendent shall provide for each election district in which a primary or election is to be held a number of ballots equal to the number of registered electors. The superintendent shall also, in addition to the number of ballots required to be printed for general distribution, have printed five percent of such number, to be known as reserve official ballots, which shall be kept at the office of the superintendent for the use of any district, the ballots for which may be lost, destroyed or stolen. A reserve official

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ballot shall not be voted in an election district unless it bears a distinctive number and the name of such district. Section 15. Said Title is further amended by striking from subsection (b) of Code section 34-1204, relating to voting machines, the word six and substituting in lieu thereof the word five, so that when so amended subsection (b) shall read as follows: (b) In each election district in which voting machines are used, the governing authority shall provide at least one voting machine for each five hundred electors, or fraction thereof, therein. Code 34-1204 amended. Section 15A. Said Title is further amended by striking from subsection (g) of Code section 34-1206, relating to the requirements prescribed for voting machines, the words primary or, so that when so amended, subsection (g) of said Code section shall read as follows: (g) It shall fairly permit each elector to deposit, writein, or affix upon receptables or devices provided for the purpose, ballots containing the names of persons for whom he desires to vote, whose names do not appear upon the machine; provided, however, that if the machine does not fairly permit such a vote to be cast, then an elector desiring to vote for any person whose name does not appear on the machine shall be permitted to vote in the election by the use of a paper ballot which shall be furnished by the superintendent;. Code 34-1206 (g) amended. Section 16. Said Title is further amended by striking from subsection (b) of Code section 34-1218, relating to vote recorders, the word three and substituting in lieu thereof the word two, so that when so amended subsection (b) of Code section 34-1218 shall read as follows: (b) In each election district in which vote recorders are used, the governing authority shall provide at least one vote recorder for each two hundred electors, or fraction thereof, therein. Code 34-1218 (b) amended.

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Section 17. Said Title is further amended by striking from Code section 34-1223, relating to the form of ballot cards, the words stub and, so that when so amended Code section 34-1223 shall read as follows: Section 34-1223. Form of ballot cards for vote recorders. Ballot cards shall be of suitable design, size and stock to permit processing by a tabulating machine. A serially numbered strip shall be attached to each ballot card in a manner and form similar to that prescribed in this Code for paper ballots. Section 17A. Said Title is further amended by striking from Code section 34-1401, relating to the definition of absentee elector, the words: or who will be a poll officer in an election district other than the one of his residence in the election he desires to vote in, and inserting in lieu thereof the words: or who will perform any of the official acts or duties set forth in this Code in connection with the primary or election he desires to vote in, so that when amended, Code section 34-1401 shall read as follows: Section 34-1401. Definition. The words `absentee elector', when used in this Chapter, shall mean, unless otherwise clearly apparent from the context, an elector of the State of Georgia who is required to be absent from the county of his residence during the time of the primary or election he desires to vote in, or who will perform any of the official acts or duties set forth in this Code in connection with the primary or election he desires to vote in, or who because of physical disability will be unable to be present at the polls on the day of such primary or election. Section 18. Said Title is further amended by inserting between the words application and to, as they appear

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in subsection (a) of Code section 34-1402, relating to the application for an absentee ballot, the words either by mail or in person in the registrar's office, so that when so amended, subsection (a) of Code section 34-1402 shall read as follows: (a) Any absentee elector or, upon satisfactory proof of relationship, his mother, father, aunt, uncle, sister, brother, spouse, or daughter or son of the age of eighteen or over, may, not more than ninety days prior to the date of the primary or election the elector desires to vote in, make an application either by mail or in person in the registrar's office to the board of registrars of the county of the elector's residence for an official ballot of the elector's district to be voted at such primary or election. The application shall be in writing and shall contain the name and residence address of the elector, the address he desires to have the ballot mailed to, the identity of the primary or election he desires to vote in, and such other information as the board of registrars may require. In the case of an elector in the active armed forces of the United States, his rank, branch of service and serial number shall also be included in the application. Code 34-1402 (a) amended. Section 19. Said Title is further amended by striking in its entirety subsection (b) of Code section 34-1402, relating to the application for absentee ballots, and substituting in lieu thereof a new subsection (b) to read as follows: (b) An elector applying for an absentee ballot on the ground of his physical disability shall accompany his application with a certificate of a licensed attending physician, hospital administrator, county nurse or a Christian Science practitioner to the fact that such elector because of physical disability will be unable to be present at the polls on the day of primary or election. If a physician certifies that an elector is permanently disabled, the registrar shall keep such certification on file, and such elector shall not be required to furnish additional certificates for subsequent elections. Code 34-1402 (b) amended. Section 20. Said Title is further amended by striking from subsection (c) of Code section 34-1402, relating to the

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application for absentee ballots, the second sentence thereof which reads as follows: If found eligible, the board shall grant the application and mail or deliver the ballot as hereinafter provided., and substituting in lieu thereof the following sentence: If found eligible, the board shall grant the application and either mail the ballot as hereinafter provided or deliver the ballot to the elector within the confines of their office or deliver the ballot in person to the elector if he is confined to a hospital., so that when so amended subsection (c) of Code section 34-1402 shall read as follows: (c) The board of registrars, upon receipt of a timely application, shall enter thereon the date received and shall determine if the applicant is eligible to vote in the primary or election involved. If found eligible, the board shall grant the application and either mail the ballot as hereinafter provided or deliver the ballot to the elector within the confines of their office or deliver the ballot in person to the elector if he is confined to a hospital. If found ineligible, the board shall deny the application and promptly notify the applicant in writing of the ground of his ineligibility. In the case of an unregistered applicant, who is eligible for absentee registration, the board shall forthwith mail the ballot accompanied by a blank registration card as provided by Section 34-619 and such applicant, if otherwise qualified, shall be deemed eligible to vote by absentee ballot in such primary or election if the registration card, properly completed, is returned to the board on or before the last day for registering to vote in such primary or election; and his ballot shall be cast therein if returned to the board simultaneously with or after the return of such registration card, but not later than the close of the polls. Code 34-1402 (c) amended. Section 21. Said Title is further amended by adding at the end of the next to the last sentence of Code section

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34-1403, relating to the form of absentee ballots, the following: or in such form as will allow the ballot to be machine tabulated, so that when so amended said Code section shall read as follows: Section 34-1403. Official absentee ballots. Ballots for use by absentee electors shall be prepared sufficiently in advance by the superintendent and shall be delivered to the board of registrars as hereinafter provided. Such ballots shall be marked `Official Absentee Ballot' and shall be in substantially the form for ballots required by Chapter 34-11, except that in counties using voting machines or vote recorders the ballots may be in substantially the form for the ballot labels required by Chapter 34-12 or in such form as will allow the ballot to be machine tabulated. The form for either ballot shall be determined and prescribed by the Secretary of State. Section 22. Said Title is further amended by striking in its entirety subsection (a) of Code section 34-1406, relating to voting by absentee electors, and substituting in lieu thereof a new subsection (a) to read as follows: Section 34-1406. Voting by absentee electors. (a) At any time after receiving an official absentee ballot, but before the day of the primary or election, the elector for the purpose of voting, may appear: (i) within the confines of a post office, before a postmaster of the United States or a postal employee designated by a postmaster; (ii) before any commissioned officer of the active armed service of the United States if the elector is a member of such service or if the elector is the spouse or dependent of a member of such service; (iii) before any consul of the United States or his assistant; (iv) before a registrar or deputy registrar of the county of the elector's residence; (v) before the registrar of any college or university or any employee thereof who has been designated by the registrar. The elector shall first display the ballot to such person as

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evidence that the same is unmarked, and then shall proceed to vote the ballot, in the presence of such person, but in such manner that the person administering the oath is unable to see how the same is marked, and then fold the ballot, enclose and securely seal the same in the envelope on which is printed `Official Absentee Ballot'. This envelope shall then be placed in the second one, on which is printed the form of affidavit of the elector, the form of jurat of the person before whom the elector appears, and the address of the elector's board of registrars. The elector shall then fill out, subscribe and swear to the affidavit printed on such envelope, and the jurat shall be subscribed and dated by the person before whom the affidavit was taken. Such envelope shall then be securely sealed and the elector shall then mail or personally deliver same to the board of registrars. Section 23. Said Title is further amended by striking in its entirety subsection (c) of Code section 34-1704, relating to the jurisdiction for election contests, and substituting in lieu thereof a new subsection (c) to read as follows: (c) Upon the filing of a contest petition, the clerk of the superior court having jurisdiction shall immediately notify the senior judge described in subsection (b) above of the institution of proceedings under this Chapter; and if such judge is disqualified or unable to serve, the clerk shall immediately notify the Governor of such fact and he shall thereupon appoint a disinterested judge of superior court, residing outside of the judicial circuit in which the contest is pending, or judge of the superior court emeritus, to serve in the place of such senior judge. Such judge or judge emeritus shall promptly begin presiding over such proceedings in such court and shall determine same as soon as practicable. He shall be reimbursed for his actual expenses for food and lodging and he shall receive the same mileage allowance as other State officials and employees. Code 34-1704 (c) amended. Section 24. Said Title is further amended by striking from subsection (a) of Code section 34-1705, relating to the procedure for the filing of an election contest, the following:

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after the official declaration of the result in dispute, and substituting in lieu thereof: after the official consolidation of the returns of that particular office or question and certification thereof by the election official having responsibility for taking such action under the provisions of this Code, so that when so amended Code section 34-1705 shall read as follows: Section 34-1705. Petition; contents; verification; filing; notice; special process; answer; cross action; amendment. (a) A petition to contest the result of a primary or election shall be filed in the office of the clerk of the superior court having jurisdiction, within five days after the official consolidation of the returns of that particular office or question and certification thereof by the election official having responsibility for taking such action under the provisions of this Code, and shall allege: (i) the contestant's qualification to institute the contest; (ii) the contestant's desires to contest the result of such primary or election and the name of the nomination, office or question involved in the contest; (iii) the name of the defendant; (iv) the name of each person who was a candidate at such primary or election for such nomination or office in the case of a contest involving same; (v) each ground of contest; (vi) the date of the official declaration of the result in dispute; (vii) the relief sought; and (viii) such other facts as are necessary to provide a full, particular and explicit statement of the cause of contest. Section 25. Said Title is further amended by striking in its entirety Code section 34-1913, relating to counterfeit and facsimile ballots and substituting in lieu thereof the following: Section 34-1913. Counterfeit and facsimile ballots, ballot cards or ballot labels. Any person who makes, constructs or has in his possession any counterfeit of an official ballot, ballot card or ballot lable shall be guilty of a felony. This section shall not be applied to facsimile ballots

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printed and published as an aid to electors in any newspaper generally and regular circulated within the State so long as such facsimile ballot is at least twenty-five percent larger or smaller than the official ballot of which it is a facsimile. Nothing in this section shall be so construed as to prohibit the procurement and distribution of reprints of the said newspaper printings, nor shall it be so construed as to prohibit the preparation and distribution by county election officials of facsimile ballots and ballot labels or portions thereof, provided they are of a different color and at least twenty-five percent larger or smaller than the official ballots or ballot labels. Section 26. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 9, 1969. COUNTY SURVEYORSMETHODS OF FILLING VACANCIES. Code 23-1102 Amended. No. 225 (House Bill No. 567). An Act to amend Code section 23-1102, relating to the method of filling vacancies in the office of county surveyor, so as to change the provisions thereof relative to filling vacancies in said office; to provide the procedures for the appointment of a person to serve as county surveyor when a failure of election occurs in said office; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 23-1102, relating to the method of filling vacancies in the office of county surveyor, is hereby amended by striking in its entirety said Code section and substituting in lieu thereof a new Code section 23-1102 to read as follows:

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23-1102. (a) Whenever an election shall fail to fill the office of county surveyor, the ordinary shall appoint a person to serve as the county surveyor until the 31st of December following the next general election in which county officers are elected and until a successor shall be duly elected in such election to serve out the unexpired term of office and such successor has duly qualified. (b) In the event a vacancy occurs in the office of county surveyor, the ordinary shall appoint a person to serve out the unexpired term of office and until his successor shall be duly elected and qualified. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 9, 1969. CONSTABLESAPPOINTMENTS, VACANCIES, ETC. Code 24-801, 24-806 and 24-818 Amended. No. 226 (House Bill No. 689). An Act to amend Code Chapter 24-8, relating to constables, so as to provide for the appointment of constables by the justices of the peace in each militia district; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 24-8, relating to constables, is hereby amended by striking Code section 24-801 in its entirety and inserting in lieu thereof a new Code section 24-801 to read as follows: 24-801. Number, appointment, and term of office. There shall be two constables in each militia district of the several counties who shall be appointed by the justice of

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the peace of each district and who shall hold their offices for four years until removed. Section 2. Said Code Chapter is further amended by striking Code section 24-806 in its entirety and inserting in lieu thereof a new Code section 24-806 to read as follows: 24-806. Vacancies in office; appointments to fill. Vacancies shall be filled by appointment of the justice of the peace of the district in the following contingencies: 1. When, from any cause, there is a failure to qualify and give bond at the regular time. 2. When there is a death, resignation, or removal of constable. 3. When from sickness, or other providential cause, the district is without a constable, there may be an appointment, if an emergency arises, to continue until the regular constable enters on the discharge of his duties. 4. When the constables of the district are absent temporarily from the district; or when the constable or constables of the district are engaged in attendance on the county, city, or superior courts, or there is manifest injury or delay to the business of the justices' courts, the justices of the peace shall have power to appoint one or more constables and discharge the same at discretion: Provided, that the constables appointed hereunder shall be required to give the same bond required from the regular constables, if said special constables shall be appointed to serve for a period longer than 10 days. Section 3. Said Code Chapter is further amended by striking Code section 24-818 in its entirety and inserting in lieu thereof a new Code section 24-818 to read as follows: 24-818. Acting as constable after removal from district. If any constable exercises the duties of his office after removal from the district where he was appointed, he shall be subject to a fine of $50 for every such act, to be recovered

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before any justice of the county in which he resides by any one suing for the same, one-half to the use of such person, the other half to the use of the county. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 9, 1969. CLAYTON JUDICIAL CIRCUITJUDGES' SUPPLEMENT. No. 228 (House Bill No. 130). An Act to supplement the salaries of the judges of the superior court of Clayton Judicial Circuit from the funds of Clayton County; to provide for the reduction of such supplement under certain conditions; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. In addition to the salary and contingent expense allowance payable from State funds, each judge of the superior court of the Clayton Judicial Circuit shall receive a supplement of three thousand dollars ($3,000.00) per annum which shall be paid in equal monthly installments from the funds of Clayton County, and the governing authority of Clayton County is hereby authorized and directed to pay to each judge the compensation herein provided. Provided, however, the supplement provided herein shall be reduced by any amount in excess of twenty-six thousand dollars ($26,000.00) per annum, based on the combined salary, contingent expense allowance and county supplement of such judges, payable from State and county funds.

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Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1969 session of the General Assembly of Georgia, a bill to provide for a local supplement in salary for the judges of the Clayton Judicial Circuit and for other purposes. This 30th day of December, 1968. Terrell Starr Wm. J. Lee Arch Gary Lamar Northcutt Members of General Assembly Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William J. Lee who, on oath, deposes and says that he is Representative from the 21st District, and that the attached copy of notice of intention to introduce local legislation was published in the Forest Park Free Press-News and Farmer which is the official organ of Clayton County, on the following dates: January 2nd, 9th, and 15th, 1969. /s/ William J. Lee Representative, 21st District

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Sworn to and subscribed before me, this 20 day of Jan., 1969. /s/ Aralee Strange Mason, Notary Public, Georgia, State at Large. My Commission expires Dec. 22, 1972. (Seal). Approved April 10, 1969. GEORGIA MUNICIPAL ELECTION CODE AMENDED. Code Title 34A Amended. No. 230 (House Bill No. 917). An Act to amend Title 34A of the Code of Georgia, so as to change the method of computing time in certain instances; to provide for joint primaries or partially separate primaries; to provide for the appointment of additional clerks; to require the registration of municipal executive committees with the city clerk and State party or body executive committee at least sixty days before any primary or election; to provide that a municipality's charter or ordinance may require a nominating petition; to provide for substituting nominations upon disqualification of a nominee; to provide for the reopening of qualifications in non-partisan elections in certain cases; to provide for the reopening of qualifications upon the death or disqualification of candidate prior to the primary; to provide that ballots being used in primaries may be of different colors; to provide that sample ballots may be printed and distributed under certain conditions; to require one voting machine for each five electors; to require one vote recorder for each two electors; to provide for form of ballot cards for vote recorders; to provide in primaries that parties decide whether to use the same ballot box or separate ballot boxes; to provide for one electors list for each election district; to provide for the delivery of electors lists; to provide that

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only required poll officers meet thirty minutes prior to the opening of polls; to provide that the chief manager or managers in primaries appoint a person in charge of electors list; to provide that candidates in special elections not nominated in primaries shall not be listed by party affiliation; to provide how an elector may vote by paper ballot or vote recorders in certain instances; to delete the requirement that the ballot number be placed on electors list; to provide for the disposition of ballots found in another party's ballot box; to provide for the retaining of numbered strips; to provide a method of counting write-in votes on vote recorders; to provide for the duplication or counting of defective ballots cast on vote recorders; to provide that any one performing official acts in connection with primaries or elections may cast absentee ballots; to provide that absentee ballot applications must be mailed or delivered in person to absentee ballot clerk; to provide that a county nurse may issue a certificate of physical disability for absentee ballot applications; to provide for the form of absentee ballots in vote recorder districts; to provide that the absentee ballot clerk shall mail or deliver ballots within the confines of his office or to patient in the hospital; to provide for additional persons to witness absentee ballots; to provide that the ineligibility of elector to vote by absentee ballot shall be grounds for challenge; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Title 34A of the Code of Georgia of 1933, as amended, relating to municipal elections, is hereby amended by striking the words Section 34B-201 (c) from subsection (ad) of Code section 34A-103, relating to definitions, and substituting in lieu thereof the words Section 34A-201 (c), so that when so amended subsection (ad) of Code section 34A-103 shall read as follows: (ad) The word `superintendent' shall mean (i) the municipal executive committee of the political party holding the primary within a municipality, (or its agent), or if none, the county executive committee of the political party

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(or its agent), in the case of a primary, (ii) the person appointed by the proper municipal executive committee in the case of a non-partisan primary, and (iii) the person appointed by the governing authority pursuant to Authority granted in section 34A-201 (c) of this Act in the case of a municipal election; Code 34A-103 amended. Section 2. Said Title is further amended by striking in its entirety Code section 34A-105, relating to the computation of time in certain cases, and substituting in lieu thereof a new Code section 34A-105 to read as follows: Section 34A-105.Computation of time in certain cases. When the last day for the exercise of any privilege or the discharge of any duty prescribed by this Code shall fall on a Saturday, Sunday or legal holiday, the next succeeding business day shall be the last day for the exercise of such privilege or the discharge of such duty. Section 3. Said Title is further amended by striking in its entirety Code section 34A-401, relating to managers of election districts, and substituting in lieu thereof a new Code section 34A-401 to read as follows: Section 34A-401. Managers. (a) All elections shall be conducted in each election district by a board consisting of a chief manager, who shall be chairman of such board, and two assistant managers, assisted by clerks as hereinafter provided. The managers of each election district shall be appointed by the governing authority. (b) Primaries may, depending upon the decision of the parties involved, be conducted either jointly with one set of managers, which shall consist of a chief manager and two assistant managers, or partially separately with a chief manager and two assistant managers appointed by each party for each election district. Where a primary is conducted jointly by two or more parties, the managers and clerks shall be agreed upon and appointed jointly by the parties involved. When parties elect to use separate election officials, each party superintendent shall appoint the managers for each election district.

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Section 4. Said Title is further amended by adding at the end of Code section 34A-402, relating to the appointment of clerks, the following sentence: If additional clerks are required during the day for the purpose of counting ballots, or for other purposes, the superintendent may appoint same., so that when so amended Code section 34A-402 shall read as follows: Section 34A-402. Clerks. Prior to the opening of the polls in each district at each election, the governing authority shall appoint a sufficient number of clerks to serve therein at such election. In a primary, the superintendent shall appoint such clerks. If additional clerks are required during the day for the purpose of counting ballots, or for other purposes, the superintendent may appoint same. Section 5. Said Title is further amended by striking in its entirety Code section 34A-801, relating to registration of municipal executive committees, and substituting in lieu thereof a new section to read as follows: Section 34A-801. Registration of municipal executive committees with the city clerk and state party or body executive committee. (a) The chief executive officer of each municipal executive committee whose state executive committee has already filed with the Secretary of State as a political party or body, shall promptly file with the city clerk of the municipality and with its state political party or body executive committee a registration statement setting forth: (i) Its name and certified copies of its charter, by-laws, rules and regulations, and other documents of like dignity governing its organization and operation; (ii) The address of its principal office; (iii) The names of its members, home address and titles of the persons composing its governing committee and executive officers.

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(b) Within thirty (30) days after the occurrence of a change in the information contained in any registration statement, or prior amendment thereto, the chief executive officer of the party or body filing such statement shall file an amendment thereto setting forth the information necessary to maintain the currency of such statement. (c) A political party or body failing to file a registration statement as required by subsection (a) above at least sixty days before any primary or election at which it shall seek to have candidates on the ballot shall not have its name or the names of its candidates placed on any nomination petition, ballot or ballot label. Section 6. Said Title is further amended by striking in its entirety subsection (d) of Code section 34A-901, relating to filing notice of candidacy, and substituting in lieu thereof a new subsection (d) to read as follows: (d) Candidates not having been nominated in a party primary may also be required to accompany notice of candidacy with a nominating petition if the municipality's charter or ordinance now or as may be amended in the future so requires. Code 34A-901 (d) amended. Section 7. Said Title is further amended by inserting in subsection (a) of Code section 34A-903, relating to substituted nominations, between the words death and or the following: ,disqualification, so that when so amended subsection (a) of Code section 34A-903 shall read as follows: (a) Any vacancy happening in any party nomination (filled by primary) for a municipal office by reason of the death, disqualification, or withdrawal of any candidate after nomination may be filled by a substituted nomination made by the municipal or other appropriate party executive committee unless the municipal charter or ordinance

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shall provide for the holding of another primary for the purpose of filling such vacancy. Code 34A-903 (a) amended. Section 8. Said Title is further amended by inserting in subsection (b) of Code section 34A-903, relating to substituted nominations, between the words death and or the following: , disqualification, so that when so amended subsection (b) of Code section 34A-903 shall read as follows: (b) Any vacancy in any party nomination (filled by means other than by primary) or body nomination, by reason of the death, disqualification or withdrawal of any candidate after nomination, may be filled by a substituted nomination made by such committee as is authorized by the rules and regulations of the party or body to make nominations in the event of vacancies on the party or body ticket. Code 34A-903 (b) amended. Section 9. Said Title is further amended by adding following section 34A-903, relating to substituted nominations, a new section 34A-903.1 which shall read as follows: Section 34A-903.1. Reopening of qualifications in non-partisan elections in certain cases. In the event of the death or disqualification of the sole remaining candidate prior to the date of a non-partisan election, the governing authority may reopen qualification for the office sought by the deceased or disqualified candidate for a period of not less than one nor more than three days. Section 10. Said Title is further amended by adding at the end of Code section 34A-906, relating to the qualification of candidates, the following: (c) In the event of the death or disqualification of a candidate prior to the date of a primary, the municipal executive committee or other committee of the party authorized by party rule, may reopen qualification for the

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office sought by the deceased or disqualified candidate for a period of not less than one nor more than three days. Code 34A-906 (c) amended. Section 11. Said Title is further amended by adding at the end of the third sentence of Code section 34A-1006, relating to the form of the ballot, the following: , except that ballots being used in primaries held by more than one party may be of different colors if the parties so agree, so that when so amended said Code section shall read as follows: Section 34A-1006. Form of ballots; stubs; numbers. All ballots for use in the same election district at any primary or election shall be alike and shall contain only the names of the candidates and issues to be voted on in such district. They shall be at least six inches long and four inches wide, and shall have a margin extending beyond any printing thereon. They shall be printed with the same kind of type (which shall not be smaller than the size known as `brevier' or `eight point body') upon white paper of uniform quality, without any impression or mark to distinguish one from another, and with sufficient thickness to prevent the printed matter from showing through, except that ballots being used in primaries held by more than one party may be of different colors if the parties so agree. Each ballot shall be attached to a name stub, and all the ballots for the same election district shall be bound together in books of fifty (50) or one hundred (100), in such manner that each ballot may be detached from its stub and removed separately. The ballots for each party to be used at a primary shall be bound separately. The name stubs of the ballots shall be consecutively numbered, and in the case of primary ballots, the number shall be preceded by an initial or abbreviation designating the party name. The number and initial or abbreviation which appears upon the stub shall also be printed in the upper portion of the front of the ballot, separated from the remainder of the ballot by a horizontal perforated line so as to constitute a number strip and so prepared that

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the upper portion of the front of the ballot containing the number may be detached from the ballot before it is deposited in the ballot box. The number strip on the ballot shall also have the following words printed thereon: Tear off before depositing ballot in ballot box.' Section 12. Said Title is further amended by adding following section 34A-1011 a new section 34A-1012, to read as follows: Section 34A-1012. Sample Ballots. Sample ballots or ballot labels may be printed and published as an aid to electors in any newspaper generally and regularly circulated within the municipality so long as the facsimile is labelled `Sample Ballot' and is at least twenty-five percent larger or smaller than the official ballot. Reprints of such newspaper printings may be procured and distributed by any elector. Municipal election officials may also prepare and distribute sample ballots or ballot labels or portions thereof, provided they are labelled `Sample Ballot' and are of a different color and at least twenty-five percent larger or smaller than the official ballot or ballot label. Section 13. Said Title is further amended by striking from subsection (b) of Code section 34A-1104, relating to voting machines, the word six and substituting in lieu thereof the word five, so that when so amended subsection (b) of Code section 34A-1104 shall read as follows: (b) In each election district in which voting machines are used, the governing authority shall provide at least one voting machine for each five hundred electors, or fraction thereof, therein. Code 34A-1104 (b) amended. Section 14. Said Title is further amended by striking from subsection (b) of Code section 34A-1118, relating to vote recorders, the word three and substituting in lieu thereof the word two, so that when so amended subsection (b) of Code section 34A-1118 shall read as follows: (b) In each election district in which vote recorders are used, the governing authority shall provide at least

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one vote recorder for each two hundred electors, or fraction thereof, therein. Code 34A-1118 (b) amended. Section 15. Said Title is further amended by striking from Code section 34A-1123, relating to the form of ballot cards, the words stub and, so that when so amended Code section 34A-1123 shall read as follows: Section 34A-1123. Form of ballot cards for vote recorders. Ballot cards shall be of suitable design, size and stock to permit processing by a tabulating machine. A serially numbered strip shall be attached to each ballot card in a manner and form similar to that prescribed in this Code for paper ballots. Section 16. Said Title is further amended by inserting in subsection (a) of Code section 34A-1203, relating to the delivery of ballots and supplies to managers, immediately before the next to the last sentence the following sentence: In primaries, the parties shall decide whether to use the same ballot box or to use separate ballot boxes., so that when so amended subsection (a) of Code section 34A-1203 shall read as follows: (a) The cards of instruction, return sheets, tally sheets, oaths of poll officers, affidavits, and other forms and supplies required for use in each election district, and in districts in which ballots are used, the official ballots prepared for use therein, shall be packed by the superintendent in separate sealed packages for each election district, marked on the outside so as to clearly designate the districts for which they are intended, and, in the case of districts in which ballots are used, the number of ballots enclosed. They shall then be delivered by the superintendent, together with the ballot box which shall bear the designation of the election district, to the managers in the several election districts, prior to the hour appointed for opening the polls. In primaries, the parties shall decide whether to use the same ballot box or to use separate ballot boxes. The managers of the respective election districts shall, on delivery to them such packages, return receipts therefor to

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the superintendent, who shall keep a record of the time when and the manner in which the several packages are delivered. The superintendent may, in his discretion, require the managers of the respective districts to call at his office to obtain such packages. Code 34A-1203 (a) amended. Section 17. Said Title is further amended by striking in its entirety subsection (b) of section 34A-1203, relating to the delivery of ballots and election supplies to managers, and substituting in lieu thereof a new subsection (b) to read as follows: (b) The registrars shall, prior to the hour appointed for opening the polls, place in the possession of the managers in each election district one copy of the certified electors list for such district, such list to contain all the information required by law. The list shall indicate the name of any elector who has been mailed or delivered an absentee ballot. The list for a given election district may be divided into as many alphabetical sections as is deemed necessary. Such list of electors shall be authenticated by the signatures of at least two of the registrars. In a primary, where the parties do not agree to have only one set of managers for an election district, the electors list shall be delivered to the chief manager of the political party which polled the highest number of votes in the election district in the immediately preceding mayor's election. The managers of the respective districts shall, on delivery to them of such electors lists, return receipts therefor to the registrars, who shall keep a record of the time when and the manner in which the electors lists are delivered. The registrars may, in their discretion, require the managers of the respective districts to call at their office to obtain such lists. Code 34A-1203 (b) amended. Section 18. Said Title is further amended by striking in its entirety subsection (a) of Code section 34A-1207, relate the meeting of poll officers and duties thereof, and substitute in lieu thereof a new subsection (a) to read as follows: (a) The required poll officers shall meet in the respective places appointed for holding the primary or election

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in each election district at least thirty minutes before the hour for opening the polls on the day of each primary or election. All poll officers before entering upon their duties at any primary or election, shall take and subscribe in duplicate the oaths required by this Code. Code 34A-1207 (a) amended. Section 19. Said Title is further amended by adding after the last sentence of subsection (c) of Code section 34A-1207, relating to meeting of poll officers and duties thereof, the following sentence: In primaries being held with separate election district managers, the chief managers appointed by each party shall jointly appoint the person or persons to be in charge of the electors list, Code 34A-1207 (c) amended. so that when amended subsection (c) of Code section 34A-1207 shall read as follows: (c) After the poll officers of a district have been organized, the chief manager shall assign duties to the assistant managers and clerks. In primaries being held with separate election district managers, the chief managers appointed by each party shall jointly appoint the person or persons to be in charge of the electors list. Section 20. Said Title is further amended by adding at the end of Code section 34A-1213, relating to the conduct of special elections, the following sentence: Candidates in special elections shall not be listed on the ballot according to party affiliation unless a candidate has been nominated in a special primary, in which event such a candidate shall have his party affiliation appear on the ballot by his name., so that when amended Code section 34A-1213 shall read as follows: Section 34A-1213. Conduct of special elections. Every special election for the purpose of electing municipal officials or on a question, to be voted on by the electors of the

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municipality at large, or by the electors of any political subdivision, shall be held and conducted in all respects in accordance with the provisions of this Code relating to general elections, and the provisions of this Code relating to general elections shall apply thereto, insofar as practicable, and not inconsistent with any other provisions of this Code. All such special elections shall be conducted by the poll officers, by the use of the same equipment and facilities, so far as practicable, as are used for such general elections. Candidates in special elections shall not be listed on the ballot according to party affiliation unless a candidate has been nominated in a special primary, in which event such a candidate shall have his party affiliation appear on the ballot by his name. Section 21. Said Title is further amended by inserting following Code section 34A-1213 a new Code section 34A-1213.1 to read as follows: Section 34A-1213.1. Notwithstanding any other provisions of this Chapter or Title to the contrary, an elector, voting by paper ballots or by vote recorder may cast his vote in elections in any one of the following ways and his vote shall be counted as provided hereinafter in this section: (1) He may vote for each candidate individually as provided in this Code, as heretofore or hereafter amended. (2) He may vote a straight political party or body ticket as provided in this Code, as heretofore or hereafter amended, or (3) He may vote a `modified straight party ticket' by casting in combination a straight party vote, in the manner provided in subparagraph (2), and a vote or votes for individual candidates, in the manner provided in subparagraph (1), which shall constitute a valid vote for every candidate of the political party or body designated, except candidates for the offices of presidential electors and those offices as to which he has indicated a choice for individuals other than the straight party nominees, which choice

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shall be valid only as votes for such individuals so designated. Section 22. Said Title is further amended by striking the words Section 34B-1222 as they appear in the second sentence of subsection (a) of Code section 34A-1216, relating to opening of polls; posting cards of instructions and notice of penalties, and substituting in lieu thereof the following words, Section 34A-1222. Code 34A-1216 amended. Section 23. Said Title is further amended by striking in its entirety subsection (a) of Code section 34A-1217, relating to the manner of applying to vote, those persons entitled to vote, voter's certificates and numbered lists of voters in paper ballot districts, and substituting in lieu thereof a new subsection (a) to read as follows: (a) At every primary and election, each elector who desires to vote shall first execute a voter's certificate and hand the same to the poll officer in charge of the electors list. When an elector has been found entitled to vote, the poll officer who examined his voter's certificate shall sign his name or initials on the voter's certificate, and shall, if the voter's signature is not readily legible, print such voter's name under his signature. As each elector is found to be qualified and votes, the poll officers shall check off the elector's name from the electors list, and shall enter the number of the stub of the ballot issued to him on the voter's certificate of such elector. As each elector votes, his name in the order of voting shall be recorded in the numbered list of voters provided for that purpose. Code 34A-1217 (a) amended. Section 24. Said Title is further amended by striking the words Section 34B-520 as they appear in the second sentence of subsection (b) of Code section 34A-1218, relating to admission of voters within enclosed space; procuring of ballot; challenged and spoiled ballots, and substituting in lieu thereof the following words, Section 34A-520. Code 34A-1218 amended. Section 25. Said Title is further amended by adding in subsection (d) of Code section 34A-1219, relating to method

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of marking and depositing ballots, following the second sentence, the following sentence: The number strip shall be deposited in the stub box provided for such purpose, and the number strips shall be retained with the ballots and other stubs., Code 34A-1219 (d) amended. so that when so amended subsection (d) of Code section 34A-1219 shall read as follows: (d) Before leaving the voting compartment, the elector shall fold his ballot, without displaying the markings thereon, in the same way it was folded when received by him, and he shall then leave the compartment and exhibit the numbered strip to a poll officer who shall ascertain by an inspection of the number appearing thereon whether the ballot so exhibited to him is the same ballot which the elector received before entering the voting compartment. If it is the same, the poll officer shall direct the elector, without unfolding the ballot, to remove the perforated portion containing the number, and the elector shall immediately deposit the ballot in the ballot box. The number strip shall be deposited in the stub box provided for such purpose, and the number strips shall be retained with the ballots and other stubs. If the ballot is marked `Challenged', the numbered perforated portion shall not be removed and the ballot shall be deposited with it attached. Any ballot, other than one marked `Challenged', deposited in a ballot box at any primary or election without having such number removed shall be void and shall not be counted. Section 26. Said Title is further amended by inserting in subsection (a) of Code section 34A-1222, relating to count and return of votes, after the first sentence, the following sentences: In primaries in which more than one ballot box is used, any ballots or stubs belonging to another party holding its primary in the same polling place which may be found in the ballot or stub box shall be returned to the proper election officials of the party for whom the ballots were issued. Where the same ballot box is being used by one

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or more parties, the ballots and stubs shall first be divided by party before being tallied and counted., Code 34A-1222 (a) amended. so that when amended subsection (a) of Code section 34A-1222 shall read as follows: (a) After the polls close at 7:00 P.M. and as soon as all the ballots have been properly accounted for, and all void and unused ballots sealed in separate envelopes, the poll officers shall count the ballots in such manner as to assure that all ballots are tallied by at least two persons. In primaries in which more than one ballot box is used, any ballots or stubs belonging to another party holding its primary in the same polling place which may be found in the ballot or stub box shall be returned to the proper election officials of the party for whom the ballots were issued. Where the same ballot box is being used by one or more parties, the ballots and stubs shall first be divided by party before being tallied and counted. All ballots, after being removed from the box shall be kept within the unobstructed view of all persons in the voting room until replaced in the box and shall not be removed from the polling place until the counting is completed and the returns made. Section 27. Said Title is further amended by striking in its entirety subsection (a) of Code section 34A-1226, relating to the manner of applying to vote, those persons entitled to vote, voter's certificates and numbered lists of voters in voting machine districts, and substituting in lieu thereof a new subsection (a) to read as follows: (a) At every primary and election, each elector who desires to vote shall first execute a voter's certificate and hand the same to the poll officer in charge of the electors list. When an elector has been found entitled to vote, the poll officer who examined his voter's certificate shall sign his name or initials on the voter's certificate, and shall, if the voter's signature is not readily legible, print such voter's name under his signature. As each elector is found to be qualified and votes, the poll officers shall check off the elector's name on the electors list, and shall enter his

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number in the order of admission to the voting machines on the voter's certificate of such elector. As each elector votes, his name in the order of voting shall be recorded in the numbered list of voters provided for that purpose. Code 34A-1226 (a) amended. Section 28. Said Title is further amended by adding at the end of Code section 34A-1232, relating to opening of polls, manner of viting, spoiled ballots, challenged ballots, inspection of ballot labels, and damaged recorders, a new subsection to be lettered subsection (f) and to read as follows: (f) The number strip shall either be deposited in the stub box or placed upon a spindle file maintained by the poll officer for such purpose, and the number strips shall be retained with the ballots and other stubs. Code 34A-1232 (f) enacted. Section 29. Said Title is further amended by striking from the end of subsection (h) of Code section 34A-1233, relating to duties of poll officers after the close of the polls in districts in which vote recorders are used, the following phrase, where a duplicate ballot card shall be made on which any invalid vote shall be omitted;, and substituting in lieu thereof the following, where, in the discretion of the superintendent, either: (i) a duplicate ballot card shall be made on which any invalid vote shall be omitted; or (ii) the write-in ballot and the ballot card shall be counted in such manner as may be prescribed by State Election Board rules, omitting the invalid vote., Code 34A-1233 (h) amended. so that when amended subsection (h) of Code section 34A-1233 shall read as follows: (h) Examine each write-in vote to ascertain whether it is valid by checking with the vote cast on the ballot card by the same elector; and if any vote cast on the write-in ballot, in combination with the vote cast for the

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same office on the ballot card, exceeds the allowed number for the office, the entire vote cast for that office shall be marked void and shall not be counted; and the ballot card of such elector shall be kept with the write-in ballot on which shall be written a notation that the vote or votes cast for the office concerned are invalid because they exceed the number allowed by law; and the write-in ballot and the ballot card of such elector shall be returned with the defective ballot cards to the tabulating center, where, in the discretion of the superintendent, either: (i) a duplicate ballot card shall be made on which any invalid vote shall be omitted; or (ii) the write-in ballot and the ballot card shall be counted in such manner as may be prescribed by State Election Board rules, omitting the invalid vote. Section 30. Said Title is further amended by striking subsection (a) (iii) of Code section 34A-1235, relating to procedures at the tabulating center, in its entirety and substituting in lieu thereof a new subsection (a) (iii) to read as follows: (iii) If it appears that a ballot card is so torn, bent or otherwise defective that it cannot be processed by the tabulating machine, the superintendent, in his discretion, may either: (a) order that the ballot card be counted in the same manner as paper ballots are counted; or (b) order the proper election official at the tabulating center to prepare a true duplicate copy for processing with the ballot cards of the same polling place, which shall be verified in the presence of a witness. All duplicate cards shall be clearly labeled by the word `Duplicate' and shall bear the designation of the polling place and a serial number, which shall also be recorded on the defective card. Any ballot card returned by the managers with the notation that the votes cast for a particular office are invalid shall, after inspection, be processed by either of the methods prescribed in section 34A-1233 (h). Code 34A-1235 (a) (iii) amended. Section 31. Said Tiitle is further amended by adding after the words: in which he desires to vote

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as they appear in the first sentence of Code section 34A-1302, relating to the definition of absentee elector, the words: or who will perform any of the official acts or duties set forth in this Code in connection with the primary or election in which he desires to vote, so that when amended, Code section 34A-1302 shall read as follows: Section 34A-1302. Definition of `absentee elector' .The words `absentee elector', when used in this Chapter, shall mean, unless otherwise clearly apparent from the context, an elector of the municipality who is required to be absent from said municipality during the time of the primary or election in which he desires to vote, or who will perform any of the official acts or duties set forth in this Code in connection with the primary of election in which he desires to vote, or who because of physical disability will be unable to be present at the polls on the day of such primary or election. Section 32. Said Title is further amended by inserting between the words application and to, as they appear in subsection (a) of Code section 34A-1304, relating to the application for an absentee ballot, the words either by mail or in person in the absentee ballot clerk's office, so that when so amended, subsection (a) of Code section 34A-1304 shall read as follows: (a) Any absentee elector or, upon satisfactory proof of relationship, his mother, father, aunt, uncle, sister, brother, spouse, or daughter or son of the age of eighteen or over, may make an application either by mail or in person in the absentee ballot clerk's office to the absentee ballot clerk for an official ballot of the elector's district to be voted at such primary or election. The application shall be in writing and shall contain the name and residence address of the elector, the address to which he desires to have the ballot mailed, the identity of the primary or election in which he desires to vote, and such other information as the

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absentee ballot clerk may require. In the case of an elector in the active armed forces of the United States, his rank, branch of service and serial number shall also be included in the application. Code 34A-1304 (a) amended. Section 33. Said Title is further amended by striking in its entirety subsection (b) of Code section 34A-1304, relating to the application for absentee ballots, and substituting in lieu thereof a new subsection (b) to read as follows: (b) An elector applying for an absentee ballot on the ground of his physical disability shall accompany his application with a certificate of a licensed attending physician, hospital administrator, county nurse, or a Christian Science practitioner to the fact that such elector because of physical disability will be unable to be present at the polls on the day of the primary or election. If a physician certifies that an elector is permanently disabled, the absenee ballot clerk shall keep such certification on file, and such elector shall not be required to furnished additional certificates for subsequent elections. Code 34A-1304 (b) amended. Section 34. Said Title is further amended by striking subsection (a) of Code section 34A-1305, relating to the form of absentee ballots, and substituting in lieu thereof a new subsection (a) to read as follows: (a) The ballots shall be marked `Official Absentee Ballot' and shall be in substantially the form for ballots required by Chapter 34A-10, except that in counties using voting machines or vote recorders the ballots may be in substantially the form for the ballot labels required by Chapter 34A-11 or in such form as will allow the ballot to be machine tabulated. The form for absentee ballots shall be determined and prescribed by the superintendent, except that the Secretary of State shall determine and prescribe for form for ballots not following the paper ballot format. Code 34A-1305 (a) amended. Section 35. Said Title is further amended by striking from subsection (b) of Code section 34A-1306, relating to

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duties of superintendent and absentee ballot clerk, the second sentence thereof which reads as follows: If found eligible, the absentee ballot clerk shall grant the application and mail or deliver the ballot as hereinafter provided., and substituting in lieu thereof the following sentence: If found eligible, the absentee ballot clerk shall grant the application and either mail the ballot as hereinafter provided or deliver the ballot to the elector within the confines of his office or deliver the ballot in person to the elector if he is confined to a hospital., Code 34A-1306 (b) amended. so that when so amended subsection (b) of Code section 34A-1306 shall read as follows: (b) The absentee ballot clerk, upon receipt of a timely application, shall enter thereon the date received and shall determine if the applicant is eligible to vote in the primary or election involved. If found eligible, the absentee ballot clerk shall grant the application and either mail the ballot as hereinafter provided or deliver the ballot to the elector within the confines of his office or deliver the ballot in person to the elector if he is confined to a hospital. If found ineligible, the absentee ballot clerk shall deny the application and promptly notify the applicant in writing the ground of his ineligibility. Section 36. Said Title is further amended by striking in its entirety subsection (a) of Code section 34A-1307, relating to voting by absentee electors, and substituting in lieu thereof a new subsection (a) to read as follows: Section 34A-1307. Voting by absentee electors. (a) At any time after receiving an official absentee ballot, ballot, but before the day of the primary or election, the elector, for the purpose of voting, may appear: (i) while within the confines of a post office, before a postmaster of the United States or a postal employee designated by a postmaster; (ii) before any commissioned officer of the

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active armed services of the United States if the elector is a member of such service or if the elector is the spouse or dependent of a member of such service; (iii) before any consul of the United States or his assistant; (iv) before a registrar or deputy registrar of the county or municipality of the elector's residence; (v) before the registrar of any college or university or any employee thereof who has been designated by the registrar. The elector shall first display the ballot to such person as evidence that the same is unmarked, and then shall proceed to vote the ballot, in the presence of such person, but in such manner that the person administering the oath is unable to see how the same is marked, and then fold the ballot, enclose and securely seal the same in the envelope on which is printed `Official Absentee Ballot'. This envelope shall then be placed in the second one, on which is printed the form of affidavit of the elector, the form of jurat of the person before whom the elector appears, and the address of the elector's absentee ballot clerk. The elector shall then fill out, subscribe and swear to the affidavit printed on such envelope, and the jurat shall be subscribed and dated by the person before whom the affidavit was taken. Such envelope shall then be securely sealed and the elector shall then mail or personally deliver same to the absentee ballot clerk. Section 37. Said Title is further amended by striking in its entirety subsection (c) of Code section 34A-1309, relating to challenged absentee ballots, and substituting in lieu thereof a new subsection (c) of Code section 34A-1309, to read as follows: (c) If an absentee elector's right to vote has been challenged for cause, a poll officer shall open the envelopes and write `Challenged', the elector's name and the alleged cause of challenge on the back of the ballot, without disclosing the markings on the face thereof, and shall deposit the ballot in the ballot box. The ineligibility of the elector to vote by absentee ballot shall be a ground for a challenge. The absentee ballot clerk shall promptly notify the elector of such challenge. Code 34A-1309 (c) amended. Section 38. Said Title is further amended by striking the words Section 34B-1308 (a) from section 34A-1311, relating

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to cancellation of ballots of electors present during primaries and elections, and substituting in lieu thereof the words Section 34A-1308 (a). Code 34A-1311 amended. Section 39. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 10, 1969. DEPARTMENT OF LABORSUPPLEMENTAL APPROPRIATION. No. 232 (House Bill No. 135). An Act to provide for the Department of Labor a supplemental appropriation, pursuant to and in accordance with provisions of sections 9 and 13 of the Employment Security Law, as amended, of additional funds which are otherwise available to the Department of Labor of Georgia out of funds credited to and held in this State's account in the Unemployment Trust Fund by the Secretary of the Treasury of the United States of America pursuant to Section 903 of the Social Security Act, as amended, for the purpose of providing for the payment of expenses incurred in the administration of the Employment Security Law, as amended, including expenses incurred in the procurement, through purchase or rental, or either or both, of offices, lands, buildings, or parts of buildings, fixtures, furnishings, equipment, supplies, and the construction of buildings or parts of buildings, suitable for use in this State by the Employment Security Agency in said Department of Labor, and for the payment of expenses incurred for the construction, maintenance, improvements, or repair of, or alterations to, such real or personal property; to authorize the Commissioner of Labor of Georgia to direct the obligation and expenditure of said funds and to employ workers, contract with persons, public and private agencies, corporations, and other entities, and to do all other things necessary to accomplish the purposes of this Act; to repeal conflicting

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laws; to provide for severability; to provide an effective date; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same: Section 1. There is hereby appropriated to the Department of Labor out of funds credited to and held in this State's account in the Unemployment Trust Fund by the Secretary of the Treasury of the United States pursuant to and in accordance with Section 903 of the Social Security Act, as amended, an additional amount of $570,000. That of said additional amount, the sum of $570,000 is authorized to be allocated for expenditure through purchase, rental, improvements, repair, or alterations to and of offices, lands, buildings, or parts of buildings, fixtures, furnishings, equipment, supplies, and the construction of buildings or parts of buildings, suitable for use in this State by the Employment Security Agency in said Department of Labor, and for the payment of expenses incurred for the acquisition, purchase, rental, construction, maintenance, improvements, repair or alterations of and to such real or personal property; Provided, that the amount appropriated herein does not exceed the amount in the Unemployment Trust Fund which may be obligated for expenditure for such purposes as provided in section 9 of the Employment Security Law, as amended; and provided that the amount which may be obligated shall not exceed the limitations provided in section 9 (c) (C) of the Employment Security Law, as amended; and provided that said additional funds shall not be obligated for expenditure, as herein provided, after the close of the two-year period which begins on the date of enactment of this Act. Section 2. The Commissioner of Labor is authorized, pursuant to and in accordance with Section 903 of the Social Security Act, as amended, to requisition, and to direct the obligation and expenditure, for use in such cities in this State as he finds to be economical and desirable, such

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money as authorized in this Act and in sections 9 and 13 of the Employment Security Law, as amended, and in the manner and for the purposes authorized in this Act, including expenses incurred in the procurement, through purchase or rental, or either or both, of offices, lands, buildings or parts of buildings, fixtures, furnishings, equipment, supplies, and the construction of buildings or parts of buildings, suitable for use by the Employment Security Agency in said Department of Labor, for the payment of expenses incurred for the construction, maintenance, improvements, or repair of, or alterations to, such real or personal property, to employ workers, contract with persons, public and private agencies, corporations, and other entities, to allocate any unexpended amounts herein appropriated, and to do all other things necessary to accomplish the purpose of this Act. The acquisition of any real or personal property, and the expenditure of any funds appropriated herein, shall be in accordance with this State's applicable laws existing on the effective date of this Act. Section 3. If any provision of this Act or its application to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the Act which can be given effect without the invalid provision or application. Section 4. All laws or parts of laws inconsistent with provisions of this Act are hereby repealed to the extent of such inconsistency. Section 5. This Act shall become effective when approved by the Governor when it may otherwise become law. Approved April 10, 1969.

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DEPARTMENT OF LABOREXPENDITURE OF FUNDS UNDER EMPLOYMENT SECURITY LAW. No. 233 (House Bill No. 136). An Act to amend an Act approved March 29, 1937, known as the Unemployment Compensation Law (Ga. L. 1937, p. 806), as amended (now the Employment Security Law), so as to extend the time for the expenditure of moneys paid into the Unemployment Compensation Fund pursuant to Section 903 of the Federal Social Security 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 approved March 29, 1937, known as the Unemployment Compensation Law (Ga. L. 1937, p. 806), as amended (now the Employment Security Law), is hereby amended by striking in its entirety the first paragraph of subparagraph (C) of the third paragraph of subsection (c) of section 9, and substituting in lieu of said first paragraph a new first paragraph, so that when so amended the first paragraph of subparagraph (C) of the third paragraph of subsection (c) of section 9 of said Act shall read as follows: (C) limits the amount which may be obligated during any twelve-month period beginning on July 1 and ending on the next June 30 to an amount which does not exceed the amount by which (i) the aggregate of the amounts credited to the account of this State pursuant to Section 903 of the Social Security Act, as amended, during the same twelve-month period and the fourteen preceding twelve-month periods, exceeds (ii) the aggregate of the amounts obligated pursuant to this subsection and charged against the amounts credited to the account of this State during such fifteen twelve-month periods. For the purposes of this subsection, amounts obligated during any such twelve-month period shall be charged against equivalent amounts which were first credited and which are not already so charged; except that no amount obligated for administration

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during a twelve-month period specified herein may be charged against any amount credited during such a twelve-month period earlier than the fourteenth preceding such period. Section 2. Said Act is further amended by striking in its entirety the third paragraph of subparagraphs (C) of the third paragraph of subsection (c) of section 9, and substituting in lieu of said third paragraph a new third paragraph, so that when so amended the third paragraph of subparagraphs (C) of the third paragraph of subsection (c) of section 9 of said Act shall read as follows: Money appropriated for the payment of expenses of administration pursuant to this subsection shall be requisitioned as needed for the payment of obligations incurred under such appropriation and, upon requisition, shall be deposited in the Employment Security Administration Fund, but, until expended, shall remain a part of the Unemployment Trust Fund. The Commissioner shall maintain a separate record of the deposit, obligation, expenditure, and return of funds so deposited. If any money so deposited is, for any reason, not to be expended for the purposes for which it was appropriated, it shall be returned promptly to the Secretary of the Treasury of the United States for credit to this State's account in the Unemployment Trust Fund. Section 3. This Act shall become effective when approved by the Governor or when it may otherwise become law. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 10, 1969.

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SCHOOL PROPERTY TAX DIGEST OF CERTAIN COUNTIES (COOK, GRADY, NEWTON, SEMINOLE, WAYNE AND CHARLTON). No. 235 (House Bill No. 454). 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), and an Act approved March 11, 1968 (Ga. L. 1968, p. 283), so as to provide that notwithstanding any provisions of said Act to the contrary, the equalized adjusted school property tax digests of the counties of Cook, Grady, Newton, Seminole, Wayne and Charlton shall be corrected in accordance with the corrections certified by the State Auditor; to provide procedures for the use of such corrected digests; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing an equalized adjusted school property tax digest for each county of 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), and an Act approved March 11, 1968, (Ga. L. 1968, p. 283) is hereby amended by adding at the end of Section 9 the following paragraph: Notwithstanding any provisions of this Act to the contrary, the equalized adjusted school property tax digests of the counties of Cook, Grady, Newton, Seminole, Wayne and Charlton shall be corrected in accordance with the corrections certified by the State Auditor. Such corrections shall be utilized in connection with any calculations relating to the 1969-1970 school year but nothing herein shall require recalculation of any matter for any school year prior thereto.

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Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 10, 1969. GENERAL APPROPRIATIONS ACT AMENDEDDEPARTMENT OF INDUSTRY AND TRADE. No. 236 (House Bill No. 532). 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), as amended by an Act approved March 8, 1968 (Ga. L. 1968, p. 146), so as to change the language relative to the appropriation to the Department of Industry and Trade for matching local funds for welcome centers established at places other than at the highway entrances to the State; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. 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), as amended by an Act approved March 8, 1968 (Ga. L. 1968, p. 146), is hereby amended by striking from section 15A, relating to general operating costs for the Department of Industry and Trade, the following language: Providing 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.,

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and inserting in lieu thereof the following: Provided that of the amount appropriated above, not more than $50,000.00 from the agency advertising budget may be used for matching local funds for welcome centers established at places other than at the highway entrances to the State. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 10, 1969. OCMULGEE JUDICIAL CIRCUITEXPENSE ALLOWANCE OF DISTRICT ATTORNEY. No. 251 (House Bill No. 137). An Act to provide an expense allowance for the district attorney of the Ocmulgee Judicial Circuit; to provide the method of payment of said allowance; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The district attorney of the Ocmulgee Judicial Circuit shall receive the sum of $7,200.00 per annum as an expense allowance from the counties within said circuit. Such payments shall be made by the counties on a monthly basis in the following amounts: Baldwin $210.36 Greene $ 69.12 Hancock $ 61.62 Jasper $ 37.86 Jones $ 52.32 Morgan $ 63.42 Putnam $ 48.12 Wilkinson $ 57.18

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Out of such allowance, the entire cost of meeting the expenses connected with the district attorney's office of said circuit shall be paid. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 15, 1969. TEACHERS' RETIREMENT SYSTEM ACT AMENDED. No. 253 (House Bill No. 169). An Act to amend an Act entitled An Act to establish a retirement system for aged and incapacitated teachers in the State Public Schools; and other State Supported Schools; to determine Membership and conditions of Membership in said system; to provide for a Board of Trustees of said system and for the administration of its affairs; to provide for the management of the funds of said system; to provide a method of financing said system; to repeal conflicting laws; and for other purposes., approved March 19, 1943 (Ga. L. 1943, p. 640), as amended, so as to provide that in the event a member desires to pursue full-time study which will require a break in service of more than the normal two years as provided in said Act in order to insure active membership, the Board of Trustees may approve in advance a leave of absence for study purposes in addition to the normal two year break in service so that the combined break in service does not exceed four years; to provide that study leave shall be continuous; to provide that in no event shall a member's account remain in an active status longer than four consecutive years; to provide that notwithstanding the approval of the Board of Trustees of study leave, a member shall be covered for disability retirement or monthly death benefits only during the first two years of the total authorized break in service; to provide that a member shall not be permitted to establish any period of study leave as creditable service; to provide

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that upon service retirement a certain member of the teachers' retirement system shall receive an allowance which shall consist of an annuity which shall be the actuarial equivalent of his accumulated contributions at the time of his retirement and an annual pension which shall provide a total allowance equal to 1[UNK]% of his average compensation over the five consecutive years of certain creditable service producing the highest such average, multiplied by the number of his years of creditable service not to exceed 40; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to establish a retirement system for aged and incapacitated teachers in the State Public Schools; and other State Supported Schools; to determine Membership and conditions of Membership in said system; to provide for a Board of Trustees of said system and for the administration of its affairs; to provide for the management of the funds of said system; to provide a method of financing said system; to repeal conflicting laws; and for other purposes., approved March 19, 1943 (Ga. L. 1943, p. 640), as amended, is hereby amended by adding at the end of subsection (4) of section 3 the following: In the event a member desires to pursue full-time study which will require a break in service of more than the normal two years herein provided in order to insure active membership, the Board of Trustees may approve in advance a leave of absence for study purposes in addition to the normal two year break in service so that the combined break in service does not exceed four years. Such study leave shall be continuous. In no event shall a member's account remain in an active status longer than four consecutive years. Notwithstanding the approval by the Board of Trustees of study leave, a member shall be covered for disability retirement or monthly death benefits only during the first two years of the total authorized break in service. Furthermore, a member shall not be permitted to establish any period of study leave as creditable service., Break in service.

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

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reinstated and entitled to all the prior service credits and other rights as though this law were in effect at the date of such withdrawal from service. No benefit under the retirement system other than the payment of the contributions of such a teacher with allowable interest credits shall become payable to him or on his account while he is not in service as a teacher and no contribution, shall be made to his system by the State or other employer by reason of his service during any such time, except as herein otherwise provided. A leave of absence shall be limited to not more than three years for each child adopted. Anything in this Chapter to the contrary notwithstanding the provisions of this paragraph with reference to break in service, reinstatement of membership and payment of funds into the retirement system, shall apply to any member who has retired and has lost prior service credits prior to the enactment of the law approved February 27, 1953 and each such retirant shall be allowed the prior service credits under the conditions set forth in this paragraph and the retirement allowance shall be adjusted in accordance therewith. In the event a member desires to pursue full-time study which will require a break in service of more than the normal two years herein provided in order to insure active membership, the Board of Trustees may approve in advance a leave of absence for study purposes in addition to the normal two year break in service so that the combined break in service does not exceed four years. Such study leave shall be continuous. In no event shall a member's account remain in an active status longer than four consecutive years. Notwithstanding the approval by the Board of Trustees of study leave, a member shall be covered for disability retirement or monthly death benefits only during the first two years of the total authorized break in service. Furthermore, a member shall not be permitted to establish any period of study leave as creditable service. Section 2. Said Act is further amended by striking from the second paragraph of paragraph (b) of subsection (2) of section 5 the following: while making such contributions,

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and inserting in lieu thereof the following: , not to exceed 40, so that when so amended paragraph (b) of subsection (2) of section 5 shall read as follows: (b) An annual pension which, together with the annuity provided above, shall provide a total allowance equal to 1% of his average compensation over the 5 consecutive years of creditable service producing the highest such average, multiplied by the number of his years of creditable service, not to exceed 40. Amount of pension. Provided, however, that in the event any member of the system elects to cease making contributions to the teachers' retirement system upon completing forty (40) or more years of creditable service, the annual pension provided in this subsection shall provide a total allowance equal to 1% of his average compensation over the five (5) consecutive years of creditable service during which such member was making contributions to the system producing the highest such average, multiplied by the number of his years of creditable service, not to exceed 40. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 15, 1969. TEACHERS' RETIREMENT SYSTEM ACT AMENDED. No. 254 (House Bill No. 170). An Act to amend an Act establishing the Teachers' Retirement System, approved March 19, 1943 (Ga. L. 1943, p. 640), as amended, so as to reduce the number of days a member in service must wait after filing notice; to change the effective date of retirement for disability reasons; to provide that members shall be paid all contributions

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and all earned interest, in the case of refund, regardless of the years of service; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing the Teachers' Retirement System, approved March 19, 1943 (Ga. L. 1943, p. 640), as amended, is hereby amended by striking subparagraph (a) of subsection (1) of section 5 in its entirety and substituting in lieu thereof a new subparagraph (a) of subsection (1) of section 5, to read as follows: (1) (a) Any member in service may retire upon written application to the Board of Trustees provided that the said member at the time of retirement shall have attained the age of 60 years and shall have 10 years or more of creditable service, or shall have 35 years or more of creditable service and shall have attained the age of 55 years. The effective date of retirement will be the first of the month in which the application is received by the Board of Trustees; however, no retirement application will be effective earlier than the first of the month following the final month of the applicant's employment. Applications for retirement will not be accepted more than 90 days in advance of the effective date of retirement. Applications for retirement. Section 2. Said Act is further amended by striking subparagraph (a) of subsection (3) of section 5 in its entirety and substituting in lieu thereof a new subparagraph (a) of subsection (3) of section 5, to read as follows: (3) (a) Any member in service may retire on disability upon written application to the Board of Trustees provided that the said member at the time of retirement shall have 15 years or more of creditable service, or shall have 10 years or more of creditable service and also shall have attained the age of 60 year. The medical board, after a medical examination of such member by a qualified physician appointed by the Board of Trustees, shall certify that the applicant is mentally or physically incapacitated for further performance of duty involving active membership

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with the Teachers' Retirement System of Georgia, that such incapacity is likely to be permanent, and that he should be retired. The effective date of retirement will be the first of the month in which the application is received by the Board of Trustees; however, no retirement application will be effective earlier than the first of the month following the final month of the applicant's employment. Applications for retirement will not be accepted more than 90 days in advance of the effective date of retirement. Disability retirement. Section 3. Said Act is further amended by striking subsection (7) of section 5 in its entirety and substituting in lieu thereof a new subsection (7) to read as follows: If a member ceases to be a teacher other than by death or by retirement under this retirement system, the amount of his accumulated contributions to this retirement system together with the accumulated interest shall be payable to him upon his request after the date he is paid his last compensation as a teacher. Refund of contributions, etc. If a member dies, the amount of his accumulated contributions, with interest credits thereon, shall be paid to the person, if any, nominated by him by written designation duly executed and filed with the Board of Trustees; otherwise, to the member's estate if the member had less than Fifteen (15) years of creditable service at the time of death. If the deceased member had Fifteen (15) or more years of creditable service or had attained the age of sixty (60) with ten (10) years or more of creditable service, the death benefit would be paid in accordance with section 5, subsection (5), subparagraph (a) or (b). Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 15, 1969.

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TEACHERS' RETIREMENT SYSTEM ACT AMENDED. No. 255 (House Bill No. 174). An Act to amend an Act establishing the Teachers' Retirement System, approved March 19, 1943 (Ga. L. 1943, p. 640), as amended, so as to provide that the Board is authorized to make certain post-retirement benefit changes; to change certain requirements for investments of retirement system assets; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing the Teachers' Retirement System, approved March 19, 1943 (Ga. L. 1943, p. 640), as amended, is hereby amended by adding between section 5 (2) (c) and section 5 (3) a new subsection to be designated as subsection (d), to read as follows: (d) The Board is authorized to adopt a method of providing for post-retirement benefit adjustments for the purpose of maintaining essentially no less purchasing power for a beneficiary in his post-retirement years. Such method of adjustment may result in the adoption by the Board of a method of financing other than that described in subparagraphs (a), (b) and (c) of subsection 2 of section 8, and shall be based upon: Post retirement benefit changes. (1) a recommendation of the Board's actuaries; (2) maintaining the actuarial soundness of the system; (3) its application to the retirement income of any beneficiary retiring on or after the adoption of such method by the Board of Trustees. The Board may specify a minimum age which a beneficiary must have attained in order to be eligible for the post-retirement benefit adjustment.

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Section 2. Said Act is further amended by striking subsection (1) of section 7 in its entirety and substituting a new subsection (1) to read as follows: (1) The members of the Board of Trustees shall be the trustees of the retirement system, and shall have full power to invest and re-invest such assets, subject to all the terms, conditions, limitations and restrictions imposed by the laws of Georgia upon domestic life insurers in the making and disposing of their investments. Provided, however, no more than fifty (50) percent of retirement system assets may be invested in equities. Subject to like restrictions, the trustees shall have the power to hold, transfer and dispose of any investments in which retirement system assets are invested, including proceeds of investments. The Board is authorized to employ agents, including banks and trust companies, to act as investment advisors and make investments if the Board so authorize. Investments. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 15, 1969. LAKE LANIER ISLANDS DEVELOPMENT COMMISSION ACT. No. 257 (House Bill No. 781). An Act to create the Lake Lanier Islands Development 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, terms of office and compensation 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, improvement and promotion of recreational facilities, tourist and accommodation

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facilities and services of the Lake Lanier Islands licensed to the State of Georgia; to confer powers, duties and authority upon the Commission; to authorize counties and municipalities to convey land and property adjacent to the Lake Lanier Islands and rights-of-way 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 for severability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. This Act may be cited as the Lake Lanier Islands Development Commission Act. Short title. Section 2. There is hereby created a commission and agency of the State Government, to be known as the Lake Lanier Islands Development Commission. The Commission shall occupy the same position in relation to the State Government as do 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 Lake Lanier Islands Development Commission created by this Act. (b) Lake Lanier IslandsSuch islands and adjacent land located in Lake Lanier, Hall County, Georgia, which are at present or in the future may be licensed to the State of Georgia by the United States through its agency, the U.S. Army Corps of Engineers, or which are otherwise acquired for use by the Commission. (c) ProjectThe acquisition, construction, equipping, maintaining, operating, managing and promoting of recreation and accommodation and tourist facilities and services, including, but not limited to, camping sites, recreation centers, playgrounds, parks, swimming and wading pools, lakes, airports, golf courses, tennis courts, athletic fields

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and courts, club houses, gymnasiums, museums, concession buildings, convention halls, pageants, auditoriums, stables, marinas, piers, docks, restaurants, hotels, motels, hunting and fishing preserves, 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 such facilities or services, and the acquisition of necessary property therefor, all as may be related to the development of recreational and tourist accommodations and facilities on the islands as the Commission may deem necessary, convenient or desirable. Section 4. The Commission shall consist of nine (9) members to be appointed by the Governor as follows: The Secretary of State, the Director of the State Game and Fish Commission, the Director of the State Department of Industry and Trade, the Director of the State Parks Department, the President of the Upper Chattahoochee Development Association, and four (4) additional members to be chosen with due consideration to area wide representation. The first four (4) members so appointed shall be appointed for terms of one, two, three and four years, as designated by the Governor, and all appointments thereafter shall be made for terms of four (4) years. Any such member shall be eligible for reappointment. Members. The Commission shall elect one (1) 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. Chairman. Any five (5) 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 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 in which such member was originally appointed to the Commission. Quorum.

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The members of the Commission shall serve without compensation, except for reimbursement for actual expenses incurred in the performance of their duties. Employees of the Commission shall receive reasonable compensation for their services to be determined by the Commission. Compensation. Section 5. The Commission shall have power: (a) To acquire by purchase, lease or otherwise, and to hold, lease, use and operate real and personal property of every kind and character necessary or incidental to the project or the purposes of the Commission. Powers. (b) To enter into and execute contracts, deeds, leases, sub-leases, concession agreements, easements and any and all instruments necessary or convenient to the project or the purposes of the Commission, 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, and to sell, lease, sub-lease, transfer or dispose of any property, real or personal, tangible or intangible, or any interest therein in furtherance of the project. (c) 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 or such agency or instrumentality thereof, may impose. (d) 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. (e) To receive gifts, donations or contributions from any person, firm or corporation. (f) To hold, use, administer and expend such sum or sums as may hereafter be received as income, as gifts, or

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appropriated by authority of the General Assembly for any of the purposes of this Commission. (g) To accept and receive land adjacent to or rights-of-way to the Lake Lanier Islands from the State of Georgia or from any county or municipality therein, or from the United States of America, or any agency, department, corporation or instrumentality thereof. (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 appoint and employ such executive, clerical and maintenance personnel and other employees and fix their compensation and terms of employment. (j) To promulgate any and all rules and regulations reasonably designed to accomplish the purposes of this Act or to carry out the provisions of this Act. (k) To do any other things necessary or proper to beautify, improve and render self-supporting the said development of Lake Lanier Islands as provided for in this Act, to make the facilities available to people of average income, and to advertise the attractions to the world. (l) To do all things necessary, convenient or incidental to carry out the intent, purpose and powers expressed and given in this Act. Section 6. This Act, being for the welfare of the State and its inhabitants, shall be liberally construed to affect the purposes hereof. Liberal construction. Section 7. If any section, sub-section 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, sub-sections or provisions of this Act or the application thereof, and to this end, the provisions of this

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Act are declared to be severable the same as if each section, sub-section or provision had been enacted by the General Assembly independent of any other section, sub-section or provision. Severability. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 15, 1969. LAKE LANIER ISLANDS DEVELOPMENT AUTHORITY ACT AMENDED. No. 258 (House Bill No. 782). An Act to Amend an Act known as the Lake Lanier Islands Development Authority, approved March 9, 1962 (Ga. L. 1962, p. 736), as amended, particularly by an Act approved March 25, 1964 (Ga. L. 1964, p. 731), and by an Act approved April 8, 1968 (Ga. L. 1968, p. 1132), so as to define the words project and cost of project; to define the authority of the State Highway Department of Georgia with respect to the project; to revise the Revenue Anticipation Certificate and Bond provisions thereof and the method, procedure and authority for issuing same; to provide for severability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Lake Lanier Islands Development Authority, approved March 9, 1962 (Ga. L. 1962, p. 736), as amended, particularly by an Act approved March 25, 1964 (Ga. L. 1964, p. 731), and by an Act approved April 8, 1968 (Ga. L. 1968, p. 1132), is further amended by inserting in section 1A of said Act, following subsection (b) thereof, two new subsections which shall be known as subsections (c) and (d), and which shall read as follows:

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(c) The word `project' shall be deemed to also mean and include one or a combination of two or more of the following: Buildings and facilities, and all structures, electric, gas, steam, water and sewerage utilities, improvements and facilities of every kind and character deemed by the Authority necessary or convenient for its purposes. Definitions. (d) The term `cost of project' shall embrace the cost of construction, the cost of all lands, properties, rights and easements and franchises acquired, the cost of all machinery and equipment, financing charges, interest prior to and during construction, and for one year after completion of construction, cost of engineering, architectural and legal expenses, and of plans and specifications, and other expenses necessary or incident to determining the feasibility or practicability of the project, administrative expense, and such other expenses as may be necessary or incident to the financing herein authorized, the construction of any project, the placing of the same in operation, and the condemnation of property necessary for such construction and operation. Any obligaion or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds issued under the provisions of this Act for such project. Section 2. Said Act is further amended by striking and deleting therefrom in their entirety sections 11, 12, 13, 14, 15, 16, 17 and 18, relating to Revenue Anticipation Certificates and Bonds, and inserting and substituting in lieu thereof the following new sections which shall be numbered and read as follows: Section 11. Revenue Bonds; Issuance; Interest; Redemption before Maturity .The Authority, or any Authority or body which has or which may in the future succeed to the powers, duties and liabilities vested in the Authority created hereby shall have power and is hereby authorized at one time, or from time to time, to provide by resolution for the issuance of negotiable revenue bonds for the purpose of paying all or any part of the cost as herein defined of any one or combination of projects. The principal

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and interest of such revenue bonds shall be payable solely from the special fund herein provided for such payment. The bonds of each issue shall be dated, shall mature and shall bear interest at such rates as may be determined by the Authority, payable in such medium of payment as to both principal and interest as may be determined by the Authority and may be made redeemable before maturity, at the option of the Authority, at such price or prices and under such terms and conditions as may be fixed by the Authority in the resolution providing for the issuance of the bonds. Section 11-A. Same; Form; Denominations; Registration; Place of Payment .The Authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereof, which may be at any bank or trust company within or without the State. The bonds may be issued in coupon or registered form, or both, as the Authority may determine, and provision may be made for the registration of any coupon bond as to principal alone and also as to both principal and interest. Section 11-B. Same; Signatures; Seal .In case any officer whose signature shall appear on any bonds or whose facsimile signature shall appear on any coupon shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery. All such bonds shall be signed by the Chairman or Vice Chairman of the Authority, and the official seal of the Authority shall be affixed thereto and attested by the Secretary or Assistant Secretary of the Authority, and any coupons attached thereto shall bear the signature or facsimile signature of the Chairman or Vice Chairman of the Authority. Any coupon may bear the facsimile signature of such person and any bond may be signed, sealed and attested on behalf of the Authority by such persons as at the actual time of the execution of such bonds shall be duly authorized or hold the proper office, although at

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the date of such bonds such persons may not have been so authorized or shall not have held such office. Section 12. Same; Negotiability; Exemption from Taxation .All revenue bonds issued under the provisions of this Act shall have and are hereby declared to have all the qualities and incidents of negotiable instruments. Such bonds and the income thereof shall be exempt from all taxation within the State. Section 13. Same; Sale; Price .The Authority may sell such bonds in such manner and for such price as it may determine to be for the best interests of the Authority. Section 13-A. Same; Proceeds of Bonds .The proceeds of such bonds shall be used solely for the payment of the cost of project, and shall be disbursed upon requisition or order of the Chairman or Vice Chairman of the Authority under such restrictions, if any, as the resolution authorizing the issuance of the bonds or the trust indenture hereinafter mentioned may provide. Section 13-B. Same; Interim Receipts and Certificates or Temporary Bonds .Prior to the preparation of definitive bonds, the Authority may, under the restrictions, issue interim receipts, interim certificates or temporary bonds, with or without coupons exchangeable for definitive bonds upon the issuance of the latter. Section 13-C. Same; Replacement of Lost or Mutilated Bonds .The Authority may also provide for the replacement of any bond which shall become mutilated or be destroyed or lost. Section 13-D. Same; Conditions Precedent to Issuance; Object of Issuance .Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions and things which are specified or required by this Act. In the discretion of the Authority, revenue bonds of a single issue may be issued for the purpose of paying the cost of any one or more, including a combination of, projects at

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any one institution or any number of institutions. Any resolution, providing for the issuance of revenue bonds under the provisions of this Act, shall become effective immediately upon its passage, and need not be published or posted, and any such resolution may be passed at any regular or special or adjourned meeting of the Authority by a majority of its members. Section 14. Same; Credit of State Not Pledged .Revenue bonds issued under the 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, and all such bonds shall contain recitals on their faces covering substantially the foregoing provisions of this Act: Provided, however, such funds may be received from State appropriations or from any other source, are hereby declared to be available and may be used by any department, board, commission or agency of the State of Georgia for the performance of any lease contract entered into by said department, board, commission or agency. Section 14-A. Same; Trust Indenture as Security .In the discretion of the Authority, any issue of such revenue bonds may be secured by a trust indenture by and between the Authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside of the State. Such trust indenture may pledge or assign rents, revenues and earnings to be received by the Authority. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the Authority in relation to the acquisition of property, the construction of the project, the maintenance, operation, repair, and insurance

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of the project, and the custody, safeguarding and application of all moneys, and may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the Authority and satisfactory to the original purchasers of the bonds issued therefor, and may also require that the security given by contractors and by any depository of the proceeds of the bonds or revenues or other moneys be satisfactory to such purchasers, and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this State to act as such depository and to furnish such indemnifying bonds or pledge such securities as may be required by the Authority. Such indenture may set forth the rights and remedies of the bondholders and of the trustee and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the Authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation and repair of the project and of the cost of project affected by such indenture. Section 14-B. Same; To Whom Proceeds of Bonds Shall be Paid .The Authority shall, in the resolution providing for issuance of revenue bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds to any officer or person who or any agency, bank or trust company which shall act as trustee of such funds and shall hold and apply the same to the purposes hereof, subject to such regulations as this Act and such resolution or trust indenture may provide. Section 14-C. Same; Sinking Fund .The revenues, rents and earnings derived from any particular project or combined project or any and all funds from any source received by any department, board, commission or agency of the State of Georgia, and pledged and allocated by it to

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the Authority as security for the performance of any lease or leases, or any and all revenues, rents and earnings received by the Authority, regardless of whether or not such rents, earnings and revenues were produced by a particular project for which bonds have been issued unless otherwise pledged and allocated, may be pledged and allocated by the Authority to the payment of the principal and interest on revenue bonds of the Authority as the resolution authorizing the issuance of the bonds or in the trust instrument may provide, and such funds so pledged from whatever source received, which said pledge may include funds received from one or more or all sources, shall be set aside at regular intervals as may be provided in the resolution or trust indenture, into a sinking fund which said sinking fund shall be pledged to an charged with the payment of (1) the interest upon such revenue bonds as such interest shall fall due, (2) the principal of the bonds as the same shall fall due, (3) the necessary charges of paying agents for paying principal and interest, and (4) any premium upon bonds retired by call or purchase as hereinabove provided. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be a found for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or in the trust indenture, surplus moneys in the sinking fund may be applied to the purchasing or redemption of bonds and any such bonds so purchased or redeemed shall forthwith be cancelled and shall not again be issued. Section 14-D. Same; Remedies of Bondholders .Any holder of revenue bonds or interest coupons issued under the provisions of this Act, any receiver for such holders, or indenture trustee, if any there be, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus or other proceedings, protect and enforce any

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and all rights under the laws of the State of Georgia or granted hereunder or under such resolution or trust indenture, and may enforce and compel performance of all duties required by this Act, or by resolution or trust indenture, to be performed by the Authority, or any officer thereof, including the fixing, charging and collecting of revenues, rents and other charges for the use of the project or projects, and, in the event of default of the Authority upon the principal and interest obligations of any revenue bond issue, shall be subrogated to each and every right, specifically including the contract rights of collecting rental, which the Authority may possess against the State or any department, agency or institution of the State, and, in the pursuit of its remedies as subrogee, may proceed, either at law or in equity, by suit, action, mandamus or other proceedings, to collect any sums by such proceedings due and owing to the Authority and pledged or partially pledged directly or indirectly to the benefit of the revenue bond issue of which said individual, receiver or trustee is representative. No holder of any such bond or receiver or indenture trustee thereof shall have the right to compel any exercise of the taxing power of the State to pay any such bond or the interest thereon, or to enforce the payment thereof against any property of the State, not shall any such bond constitute a charge, lien or encumbrance, legal or equitable, upon the property of the State. Section 15. Same; Refunding Bonds. The Authority is authorized to provide by resolution for the issue of revenue refunding bonds of the Authority for the purpose of refunding any revenue bonds issued under the provisions of this Act and then outstanding, together with accrued interest thereon. The issuance of such revenue refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the Authority in respect to the same, shall be governed by the foregoing provision of this Act insofar as the same may be applicable. Section 16. Same; Exemption of Property of Authority from Taxation; Covenant of State. It is hereby found, determined and declared, that the creation of the Authority, and the carrying out of its corporate purpose, is in all respects

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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 power conferred upon it by this Act, and this State covenants 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 erected or acquired by it, or any fees, rentals or other charges, for the use of such buildings, or other income received by the Authority, and that the bonds of the Authority, their transfer, and the income therefrom shall at all times be exempt from taxation within the State. The exemption herein provided shall not include any exemption from sales and use tax on property purchased by the Authority or for use by the Authority. Section 17. Same; Validation. Bonds of the Authority shall be confirmed and validated in accordance with the procedure of the Revenue Bond Law of 1937, as heretofore or hereafter amended (Chapter 87-8 of the Code of Georgia). The petition for validation shall also make party defendant to such action any authority, division, subdivision, instrumentality or agency of the State of Georgia or any other person which has contracted with the Lake Lanier Islands Development Authority for the use of any building, structure or facilities for which bonds have been issued and sought to be validated, and such authority, division, subdivision, instrumentality or agency shall be required to show cause, if any, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the validity of the terms thereof determined, and the contract adjudicated as security for the payment of any such bonds of the 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, division, subdivision, instrumentality, department, agency or person contracting with the Authority.

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Section 17-A. Same; Venue and Jurisdiction. 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 the provisions of this Act shall likewise be brought in said court which shall have exclusive, original jurisdiction of such actions. Section 18. Same; Interests of Bondholders Protected. While any of the bonds issued by the Authority remain outstanding, the powers, duties or existence of said Authority or of its officers, employees or agents or of any department, board, commission or agency of the State shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds, and no other entity, department, division, agency or authority will be created which will compete with the Authority to such an extent as to affect adversely the interests and rights of the holders of such bonds, nor will the State itself so compete with the Authority. The provisions of this Act shall be for the benefit of the State, the Authority and the holders of any such bonds, and upon the issuance of bonds under the provisions hereof, shall constitute a contract with the holders of such bonds. Section 3. Said Act is further amended by adding between sections 6 and 7 thereof a new section 6A to read as follows: Section 6A. The State Highway Board, or its successors, and the State Highway Department are authorized to make such studies and estimates in connection with the location and relocation of highways, roads, streets and rights-of-way in connection with the Islands, whether within or without the Islands, as may be necessary to the location or relocation of any roads, streets or highways within or without the Islands and may at the expense of the department locate or relocate such roads, streets and highways so as to conform to the plan of the Authority for the development and improvement of the Islands. Highway, etc.

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The Authority may grant rights-of-way and easements for highways and roads within the Islands to the State Highway Department and the State Highway Department is authorized and empowered to lay out, construct, improve and maintain any such roads and rights-of-way, and the cost of any such undertaking shall be deemed to be a proper and legitimate expense of the State Highway Department. The State Highway Board, or its successors, and the State Highway Department are empowered to acquire, in any manner now permitted by law, real property, interest therein or rights-of-way for the location and relocation of highways and roads located in proximity to the Islands, and are authorized and empowered to expend any funds available to said Board or said Department for the purpose of such locating and relocating, and for constructing, improving and maintaining any such highways and roads, and the cost of any such undertaking shall be deemed a proper and legitimate expense of said Board or said Department. Section 4. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such declaration or adjudication shall in no manner affect the other sections, subsections, sentences, clauses or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional was not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Severability. Section 5. All laws or parts of laws in conflict with this Act are hereby repealed. Affidavit of Publication. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the

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January, 1969, Session of the General Assembly of Georgia, a bill to amend an Act known as the Lake Lanier Islands Development Authority Act (Ga. L. 1962, p. 736, et. seq.) as amended, and for other purposes. This 8th day of January, 1969. Sylvan Meyer, Chairman Lake Lanier Islands Development Authority Georgia, Hall County. Personally appeared before the undersigned officer authorized by law to administer oaths, Sylvan Meyer, who, being duly sworn, deposes and states on oath that he is vice-president of the Southland Publishing Company, a Georgia corporation, and is authorized to make this affidavit on its behalf. Deponent avers that the Southland Publishing Company is the publisher of The Daily Times , a newspaper published in the City of Gainesville, being of general circulation and being the legal organ of the County of Hall, and further avers that legal notice, a true copy of which is hereto attached, intention to introduce local legislation, was duly published once a week for four weeks as required by law, the dates of publication being January 10, January 16, January 23, and January 30, 1969. /s/ Sylvan Meyer Sworn to and subscribed before me this 19th day of Feb., 1969. /s/ Juanita M. Payne, Notary Public. Approved April 15, 1969.

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FLINT JUDICIAL CIRCUITSALARY AND SECRETARY OF DISTRICT ATTORNEY. No. 259 (House Bill No. 831). An Act to amend an Act placing the district attorney of the Flint Judicial Circuit on an annual salary in lieu of the fee system of compensation, approved August 1, 1918 (Ga. L. 1918, p. 377), as amended by an Act approved February 11, 1967 (Ga. L. 1967, p. 16), and an Act approved March 31, 1965 (Ga. L. 1965, p. 410), so as to abolish the annual salary of the district attorney of said judicial circuit; to provide for certain expenses to be paid by the counties comprising said judicial circuit; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the district attorney of the Flint Judicial Circuit on an annual salary in lieu of the fee system of compensation, approved August 1, 1918 (Ga. L. 1918, p. 377), as amended by an Act approved February 11, 1957 (Ga. La. 1957, p. 16), and an Act approved March 31, 1965 (Ga. L. 1965, p. 410), 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 district attorney of the superior courts of the Flint Judicial Circuit Court is hereby authorized to employ and fix the compensation of a secretary in an amount not to exceed $4,800 per annum, payable monthly from the funds of the counties comprising said judicial circuit as hereinafter provided. The salary of the secretary shall be paid by the counties comprising the Flint Judicial Court pro rata upon the basis of taxable property; that is to say, each one of the counties comprising said judicial circuit shall pay such part or proportion of said salary as the total amount of its taxable property assessed for taxation bears to the total amount of the taxable property assessed for taxation by all of the counties in said judicial circuit for the year preceding the year in which the salary is to be paid. It shall be

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the duty of the county commissioners or other authority having control of county matters in each of said counties to make provisions annually when levying taxes for expenses of courts for the levying and collection of sufficient taxes in the respective counties for the purpose of paying the portion of said secretarial expense chargeable against their respective counties and the power to levy taxes for such purpose is hereby delegated to said counties. Secretary. Section 2. The provisions of this Act shall become effective on July 1, 1969. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the Regular 1969 Session of the General Assembly of Georgia, a bill to amend an Act placing the district attorney of the Flint Judicial Circuit on an annual salary in lieu of the fee system of compensation, approved August 1, 1918 (Ga. L. 1918, p. 377), as amended, so as to abolish the annual salary of the district attorney of said judicial circuit; to provide for certain expenses to be paid by the counties comprising said judicial circuit; to provide an effective date; and for other purposes. This 11th day of February, 1969. Johnnie L. Caldwell J. R. Smith Harold G. Clarke Don Knowles Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Honorable Harold G. Clarke who, on oath, deposes and says that he is Representative from the 33rd District, and that the attached copy of notice of intention to introduce local legislation was published

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in The Monroe Advertiser which is the official organ of Monroe County, on the following dates: February 13th, 20th, and 27th, 1969. /s/ Harold G. Clarke Representative, 33rd District Sworn to and subscribed before me, this 5th day of March, 1969. /s/ Aralee Strange Mason Notary Public, Georgia State at Large. My Commission expires December 22, 1972. (Seal). Georgia, Henry County. Personally appeared before me, the undersigned authority duly authorized to administer oaths, Frank J. Linch, who, on oath, deposes and says that he is the Editor and Publisher of The Weekly Advertiser and that the attached copy of the notice of intention to introduce local legislation was published in The Weekly Advertiser, which is the official organ of said county, on February 13, February 20 and February 27, 1969. This the 4th day of March, 1969. Frank J. Linch Editor and Publisher The Weekly Advertiser Sworn to and subscribed before me, this the 4th day of March, 1969. /s/ Nancy W. Bryans Notary Public. Notice. Notice is hereby given that there will be introduced at the Regular 1969 Session of the General Assembly of Georgia,

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a bill to amend an Act placing the district attorney of the Flint Judicial Circuit on an annual salary in lieu of the fee system of compensation approved August 1, 1918 (Ga. L. 1918, p. 377), as amended so as to abolish the annual salary of the district attorney of said judicial circuit; to provide for certain expenses to be paid by the counties comprising said judicial circuit; to provide an effective date; and for other purposes. This 11th day of February, 1969. Don L. Knowles Johnnie L. Caldwell J. R. Smith Harold Clarke Georgia, Lamar County. Personally appeared before me, the undersigned authority duly authorized to administer oaths, William W. Dennis, who, on oath, deposes and says that he is the publisher of the News Gazette and that the attached copy of the notice of intention to introduce local legislation was published in the News Gazette, which is the official organ of said county, on February 13, February 20 and February 27, 1969. This the 4th day of March, 1969. William W. Dennis Publisher News Gazette Sworn to and subscribed before me, this the 4th day of March, 1969. /s/ Sara L. McGarity Notary Public. My Commission expires January 5, 1973. (Seal).

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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the Regular 1969 Session of the General Assembly of Georgia, a bill to amend an Act placing the district attorney of the Flint Judicial Circuit on an annual salary in lieu of the fee system of compensation, approved August 1, 1918 (Ga. L. 1918, p. 377), as amended, so as to abolish the annual salary of the district attorney of said judicial circuit; to provide for certain expenses to be paid by the counties comprising said judicial circuit; to provide an effective date; and for other purposes. This 11th day of February, 1969. Johnnie L. Caldwell J. R. Smith Harold G. Clark Don Knowles Georgia, Butts County. Personally appeared before me, the undersigned authority duly authorized to administer oaths, Doyle Jones, Jr., who, on oath, deposes and says that he is editor and publisher of the Jackson Progress-Argus and that the attached copy of the notice of intention to introduce local legislation was published in the Jackson Progress-Argus, which is the official organ of said county, on February 13, February 20 and February 27, 1969. This the 4th day of March, 1969. Doyle Jones, Jr. Editor and Publisher Jackson Progress-Argus Sworn to and subscribed before me, this the 4th day of March, 1969. /s/ Mrs. Doyle Jones, Jr. Notary Public. (Seal).

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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the Regular 1969 Session of the General Assembly of Georgia, a bill to amend an Act placing the district attorney of the Flint Judicial Circuit on an annual salary in lieu of the fee system of compensation, approved August 1, 1918 (Ga. L. 1918, p. 377), as amended, so as to abolish the annual salary of the district attorney of said judicial circuit; to provide for certain expenses to be paid by the counties comprising said judicial circuit; to provide an effective date; and for other purposes. This 11th day of February, 1969. Johnnie L. Caldwell J. R. Smith Harold G. Clarke Don Knowles Approved April 15, 1969. COBB JUDICIAL CIRCUITCOURT REPORTERS. No. 270 (House Bill No. 542). An Act to amend an Act providing for an additional judge of the superior court of the Cobb Judicial Circuit, approved February 16, 1960 (Ga. L. 1960, p. 121), as amended, by an Act approved March 7, 1961 (Ga. L. 1961, p. 115), by an Act approved April 2, 1963 (Ga. L. 1963, p. 297), and by an Act approved March 31, 1965 (Ga. L. 1965, p. 407), so as to authorize the judges of said judicial circuit to employ two full time official court reporters and fix their compensation for their attendance upon the said superior courts and for the taking-down of criminal felony cases; to provide definite and uniform compensation to be paid to court reporters for the preparation of criminal and civil transcripts in the said superior courts; to provide the procedures connected with the foregoing; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for an additional judge of the Superior Court of the Cobb Judicial Circuit, approved February 16, 1960 (Ga. L. 1960, p. 121), as amended, by an Act approved March 7, 1961 (Ga. L. 1961, p. 115), by an Act approved April 2, 1963 (Ga. L. 1963, p. 297), and by an Act approved March 31, 1965 (Ga. L. 1965, p. 407) is hereby amended by striking sections 9, 9 (a), 9 (b) and 9 (c) in their entirety and substituting in lieu thereof a new section 9 to read as follows: Section 9. The judges of the superior court of the Cobb Judicial Circuit are hereby authorized to employ two official court reporters and fix their compensation, but such compensation shall not exceed $7200.00 per annum. Such compesation, when so fixed, shall be paid in equal monthly installments by the authority having charge of the fiscal affairs of Cobb County in the same manner as other county expenses are paid or upon the order of the presiding judges of said circuit. Said salary compensation shall be in lieu of all fees and any other compensation provided by law for attending the superior courts in the county comprising the Cobb Judicial Circuit as directed by the presiding judges of said circuit and the taking down of testimony in the trial of such criminal felony cases as are required by law to be recorded, including a committal court when ordered to do so by said judges at the request of the district attorney of said circuit. (a) That the official court reporters of the superior courts of said circuit shall be paid the following compensation for preparation of criminal trial transcripts in the superior courts, and in the Civil and Criminal Court of said county; said compensation shall be paid by the authority having charge of the fiscal affairs of Cobb County upon the order of the presiding judges of said circuit: For each legal page 8[UNK] [UNK] 14[UNK] and having thereon at least 23 lines, the sum of sixty (60) cents per page for each transcript copy required by law under Code Section 6-805 (Ga. L. 1965, p. 18 as amended, and subsequent amendments);

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and the further sum of thirty (30) cents per page for such additional copy or copies as may be ordered by any party or parties; provided, however, when the copies are requested by any State or County officer, the copy shall be furnished at actual cost of duplication, and when duplicated by the officer, a copy shall be furnished without expense. (b) That the official court reporters of the superior courts of said circuit shall be paid the following compensation for preparation of civil trial transcripts in the superior court, and in the Civil and Criminal Courts of Cobb County: The rate to be paid to court reporters by parties litigant for civil cases shall not exceed 20 per 100 words for takedown, and $1.10 per legal page (8 [UNK] 14), and having at least 23 lines, for the transcript of the proceedings and evidence as required by an appellant. Any additional copy or copies of the appellant's transcript which may be ordered by an appellee, or any other person, shall not exceed the rate of 30 per page of such transcript. (c) That in all transcripts covered by this Act, an exhibit page shall be compensated at the same rate as the transcript pages, or the actual cost of reproducing each exhibit, whichever is the greater, regardless of the number of lines involved, provided the cost of reproducing an exhibit, whether by carbon or photostatic reproduction, shall be borne by the court reporter. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1969, Session of the General Assembly of Georgia, a bill to amend an Act providing for an additional judge of the superior court of the Cobb Judicial Circuit, approved February 16, 1960 (Ga. L. 1960, p. 121), as amended, so as to authorize the judges of the Cobb Judicial Circuit to employ two official court reporters and fix their compensation; to provide for the payment of such compensation by the

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authority having charge of the fiscal affairs of Cobb County; to provide that said salary shall be in lieu of all fees and any other compensation provided by law for attending the superior courts of said county and taking down the testimony in the trials of such criminal felony cases as are required by law to be recorded; to provide definite and uniform compensation for the preparation of criminal and civil transcripts in the said superior courts and the civil and criminal courts of said county; to provide for all matters relative to the foregoing; and for other purposes. This 24th day of January, 1969. Cyrus M. Chapman Sam P. Hensley Senators Eugene Housley Howard Atherton A. L. Burruss Joe Mack Wilson George H. Kreeger J. H. Henderson, Jr. Hugh Lee McDaniell Representatives Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, George H. Kreeger who, on oath, deposes and says that he is Representative from the 117th District, and that the attached copy of notice of intention to introduce local legislation was published in The Marietta Daily Journal which is the official organ of Cobb County, on the following dates: January 24, 31 and February 7, 1969. George H. Kreeger Representative, 117th District

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Sworn to and subscribed before me, this 12th day of February, 1969. /s/ Pamela A. Little Notary Public, Georgia, State at Large. My Commission expires January 9, 1971. (Seal). Approved April 15, 1969. LOOKOUT MOUNTAIN JUDICIAL CIRCUITACT PROVIDING SUPPLEMENT FOR JUDGE REPEALED. No. 271 (House Bill No. 582). An Act to repeal an Act providing a supplement to the salary of the judge of the Superior Court of the Lookout Mountain Judicial Circuit, approved February 20, 1951 (Ga. L. 1951, p. 393); to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing a supplement to the salary of the judge of the Superior Court of the Lookout Mountain Judicial Circuit, approved February 20, 1951 (Ga. L. 1951, p. 393), is hereby repealed in its entirety. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 15, 1969.

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MACON JUDICIAL CIRCUITASSISTANT DISTRICT ATTORNEYS. No. 280 (House Bill No. 790). An Act to create the offices and the appointment of four assistant district attorneys of the Macon Judicial Circuit; to provide for the qualifications of said assistant district attorneys; to provide for their powers and duties; to provide for their compensation; to provide for their removal from office; to repeal a specific law; 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. From and after the passage of this Act, there shall be in existence four offices, which are hereby created, which shall each be known as an assistant district attorney of the Macon Judicial Circuit. Created. Section 2. The four said assistant district attorneys of the Macon Judicial Circuit shall be appointed by the district attorney of the Macon Judicial Circuit who shall be holding office at the time of appointment. This appointment, however, shall not be effective until the same has been approved by the judge of the Superior Court of the Macon Judicial Circuit who is senior in service. Each said assistant district attorney, when appointed, and before assuming office, shall take the same oath of office, in substance, as is prescribed for district attorneys in this State. Appointment, oath, etc. Section 3. To be eligible for appointment, any such assistant district attorney must be at least 21 years of age and shall be a member in good standing of the State Bar of Georgia at the time of his appointment. Qualifications. Section 4. The powers and duties of each of the said assistant district attorneys when acting for the district attorney of the Macon Judicial Circuit shall extend throughout said circuit and be the same as those of the district attorney. Duties.

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Section 5. The compensation of said assistant district attorneys shall be paid out of the treasuries of Bibb, Peach, Houston, and Crawford Counties as a part of the operating expenses of the superior courts of said counties, and said compensation may be set and increased by the governing authorities of said counties as such authorities may determine and in such manner as said authorities may determine, but in no event shall said salaries be less than $7,000.00 per year for each of said assistant district attorneys of said circuit, said compensation to be payable in at least monthly installments out of the treasuries of said counties. Salaries. Section 6. Each of the said assistant district attorneys may be removed from office at any time by the district attorney of said circuit, by and with the consent of the judge of the superior court of said circuit who is senior in service, with or without cause. Removal. Section 7. Unless sooner removed each of said assistant district attorneys shall have a term of office concurrent with that of the district attorney appointing him. Same. Section 8. An Act creating the office of assistant solicitors general of the Macon Judicial Circuit, approved April 6, 1967 (Ga. L. 1967, p. 439), is hereby repealed in its entirety. 1967 Act repealed. Section 9. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 10. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Houston County. Personally appeared before me this date, Bobby Branch, publisher of The Houston Home Journal, Perry, Ga., the official organ of Houston County, Georgia, who certifies that the legal notice of intention to apply for local legislation

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was published in The Houston Home Journal on the following dates: February 6, 13, and 20 in the year 1969. This 21st day of February, 1969. /s/ Bobby Branch Publisher Houston Home Journal Perry, Georgia Sworn to and subscribed before me, this 21st day of February, 1969. /s/ Janice E. Colwell Notary Public, Houston County. My Commission expires March 7, 1972. (Seal). Notice of Intention to Apply for Local Legislation. Notice is hereby given of intention to apply to the January 1969, session of the General Assembly of the State of Georgia for the enactment of local legislation to repeal an Act entitled An Act to create the office of assistant solicitors-general of the Macon Judicial Circuit, to provide for the appointment of said officers, to provide for the removal of said officers, and to provide for the compensation of said officers; to provide for the authority of said officers, and the extent of said officers jurisdiction, and to provide for said officers term of office, and the oath of office to be taken by said officers; and for other purposes, approved April 6, 1967 (Ga. L. 1967, p. 439) and to provide in lieu thereof for the creation of the offices and the appointment of four assistants to the District Attorney of the Macon Judicial Circuit; to provide for the qualifications of said assistant district attorneys; to provide for the powers and duties of said assistant district attorneys; to provide for the removal of said assistant district attorneys; to provide for the term of office of said assistant district attorneys; to repeal all conflicting laws; and for other purposes.

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This 1st day of February, 1969. Jack J. Gautier District Attorney Macon Judicial Circuit Notice of Intention to Apply for Local Legislation. Notice is hereby given of intention to apply to the January 1969, session of the General Assembly of the State of Georgia for the enactment of local legislation to repeal an Act entitled An Act to create the office of assistant solicitor-general of the Macon Judicial Circuit, to provide for the appointment of said officers; to provide for the removal of said officers, and to provide for the compensation of said officers; to provide for the authority of said officers; and the extent of said officers jurisdiction, and to provide for said officers term of office, and the oath of office to be taken by said officers; and for other purposes, approved April 6, 1967, (Ga. L. 1967, p. 439) and to provide in lieu thereto for the creation of the offices and the appointment of four assistants to the District Attorney of the Macon Judicial Circuit; to provide for the qualifications of said assistant district attorneys; to provide for the powers and duties of said assistant district attorneys; to provide for the compensation of said assistant district attorneys; to provide for the removal of said assistant district attorneys; to provide for the term of office of said assistant district attorneys, to repeal all conflicting laws; and for other purposes. This 1st day of February, 1969. Jack J. Gautier District Attorney Macon Judicial Circuit Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Honorable Carr Dodson who, on oath, deposes and says that he is Representative

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from the 82nd District, and that the attached copy of notice of intention to introduce local legislation was published in The Macon Telegraph and News which is the official organ of Bibb County, on the following dates: February 4th, 11th, and 18th, 1969. /s/ Carr Dodson Representative, 82nd District Sworn to and subscribed before me, this 4th day of March, 1969. /s/ Pamela A. Little, Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Notice of Intention to Apply for Local Legislation. Notice is hereby given of intention to apply to the January 1969, session of the General Assembly of the State of Georgia for the enactment of local legislation to repeal an Act entitled An Act to create the office of assistant solicitors-general of the Macon Judicial Circuit, to provide for the appointment of said officers; to provide for the removal of said officers, and to provide for the compensation of said officers; to provide for the authority of said officers, and the extent of said officers jurisdiction, and to provide for said officers term of office, and the oath of office to be taken by said officers; and for other purposes, approved April 8, 1967, (Ga. L. 1967, p. 439) and to provide in lieu thereof for the creation of the offices and the appointment of four assistants to the District Attorney of the Macon Judicial Circuit; to provide for the qualifications of said assistant district attorneys; to provide for the powers and duties of said assistant district attorneys; to provide for the compensation of said assistant district attorneys; to provide for the removal of said assistant district attorneys; to provide for the term of office of said

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assistant district attorneys, to repeal all conflicting laws; and for other purposes. This 1st day of February, 1969. Jack J. Gautier, District Attorney, Macon Judicial Circuit Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Daniel K. Grahl 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 Leader-Tribune which is the official organ of Peach County, on the following dates: February 6, 13, 20, 1969. /s/ Daniel K. Grahl Representative, 40th District Sworn to and subscribed before me, this 4 day of March, 1969. /s/ Aralee Strange Mason, Notary Public, Georgia, State at Large. My Commission expires Dec. 22, 1972. (Seal). Notice of Intention to Apply for Local Legislation. Notice is hereby given of intention to apply to the January 1969, session of the General Assembly of the State of Georgia for the enactment of local legislation to repeal an Act entitled An Act to create the office of assistant solicitors-general of the Macon Judicial Circuit, to provide for the appointment of said officers; to provide for the removal of said officers, and to provide for the compensation of said officers; to provide for the authority of said

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officers, and the extent of said officers jurisdiction, and to provide for said officers term of office, and the oath of office to be taken by said officers; and for other purposes, approved April 6, 1967, (Ga. L. 1967, p. 439) and to provide in lieu thereof for the creation of the offices and the appointment of four assistants to the District Attorney of the Macon Judicial Circuit; to provide for the qualifications of said assistant district attorneys; to provide for the powers and duties of said assistant district attorneys; to provide for the compensation of said assistant district attorneys; to provide for the removal of said assistant district attorneys; to provide for the term of office of said assistant district attorneys, to repeal all conflicting laws; and for other purposes. This 1st day of February, 1969. Jack J. Gautier District Attorney Macon Judicial Circuit Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Daniel K. Grahl 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 Georgia Post which is the official organ of Crawford County, on the following dates: February 6, 13, 20, 1969. /s/ Daniel K. Grahl Representative, 40th District Sworn to and subscribed before me, this 4th day of March, 1969. /s/ Pamela A. Little, Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal).

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Notice of Intention to Apply for Local Legislation. Notice is hereby given of intention to apply to the January 1969, session of the General Assembly of the State of Georgia for the enactment of local legislation to repeal an Act entitled An Act to create the office of assistant solicitors-general of the Macon Judicial Circuit, to provide for the appointment of said officers; to provide for the removal of said officers, and to provide for the compensation of said officers; to provide for the authority of said officers, and the extent of said officers jurisdiction, and to provide for said officers term of office, and the oath of office to be taken by said officers; and for other purposes, approved April 6, 1967, (Ga. L. 1967, p. 439) and to provide in lieu thereof for the creation of the offices and the appointment of four assistants to the District Attorney of the Macon Judicial Circuit; to provide for the qualifications of said assistant district attorneys; to provide for the powers and duties of said assistant district attorneys; to provide for the compensation of said assistant district attorneys; to provide for the removal of said assistant district attorneys; to provide for the term of office of said assistant district attorneys, to repeal all conflicting laws; and for other purposes. This 1st day of February, 1969. Jack J. Gautier District Attorney Macon Judicial Circuit Approved April 15, 1969. REVENUEMUNICIPAL TAXATION OF CERTAIN OCCUPATIONS AND PROFESSIONS. No. 302 (House Bill No. 87). An Act to amend an Act relating to the authority of municipalities and counties to levy and collect license,

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occupational or professional taxes upon practitioners of certain professions, approved February 25, 1953 (Ga. L. 1953, Jan.-Feb., p. 207), so as to change the limitations imposed upon such levy; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act relating to the authority of municipalities and counties to levy and collect license, occupational or professional taxes upon practitioners of certain professions, approved February 25, 1953 (Ga. L. 1953, Jan.-Feb., p. 207), 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. From and after the passage of this Act no municipal corporation or county authority of this State, notwithstanding any provision in its charter to the contrary, shall levy or collect any license, occupational or professional tax upon practitioners of law, medicine, osteopathy, chiropractic, podiatry, dentistry, optometry, masseur, public accounting, embalming, funeral directors, civil, mechanical, hydraulic, or electrical engineering or architecture except at the place where any such practitioner shall maintain his principal office; provided, such levy shall not exceed the sum of $200.00 per year. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 16, 1969. HOUSTON JUDICIAL CIRCUIT CREATED. Code 24-2501 Amended. No. 303 (House Bill No. 138). An Act to create a new judicial circuit for the State of Georgia, to be known as the Houston Judicial Circuit, to

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be composed of the County of Houston; to provide for a judge of the superior court and a district attorney for said circuit; to provide for their appointment, election and compensation; to fix the terms of court; to provide for the transfer of proceedings to said circuit; to amend Code section 24-2501, relative to judicial circuits, so as to include said new circuit; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Effective January 1, 1972, there is hereby created a new judicial circuit of the Superior Courts of this State, to be known as the Houston Judicial Circuit, which circuit shall be composed of the County of Houston. The offices of Judge of the Superior Court of Houston County and District Attorney of the Houston Judicial Circuit are hereby created for said circuit. The initial judge and district attorney shall be appointed by the Governor and they shall take office on the 1st day of January, 1972, and serve until December 31, 1972. In the general election of 1972, and each four years thereafter, successors to the initial judge and district attorney shall be elected and they shall take office on the 1st day of January following their election and serve for a term of office of four years and until their successors are duly elected and qualified. Created, etc. Section 2. The compensation and allowances of the judge of said circuit shall be as now or hereafter provided by law. In addition to all other compensation and allowances received by the judge from the State, the board of commissioners of Houston County shall supplement his salary so that his total salary shall not be less than $22,500 per annum. The board of commissioners of Houston County may supplement the judge's salary so that he may receive an annual salary in excess of that figure if they so desire. Judges compensation. Section 3. The district attorney of said circuit shall be compensated on a salary basis, rather than a fee basis. He shall receive the compensation, expenses and allowances provided by law for district attorneys. District attorney.

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Section 4. The terms of the Superior Court of Houston County shall be as follows: the first Mondays in January, March, May, July, September and November. Terms. Section 5. The grand jury of said county shall convene as provided by law, and whenever in the opinion of the judge of said circuit it is expedient or necessary to have a grand jury, he may in his discretion draw, call, and empanel a grand jury for services at any term of court. Grand juries. Section 6. All proceedings and litigations, civil, equitable and criminal, pending in the superior court of Houston County at such time as it was a part of the Macon Judicial Circuit, including all complaints, pleadings, petitions, indictments, special presentments, summonses, processes, motions, writs, mesne and final proceedings, together with all books and records of any kind or character belonging to, issued, returnable, filed, pending or commenced in such county, shall relate to, become a part of, and be transferred to the superior court of Houston County of the Houston Judicial Circuit and its jurisdiction, when said circuit comes into existence. Transfer of proceedings. Section 7. Code section 24-2501, relating to the enumeration of the judicial circuits of this State and the counties comprising each circuit, as amended, is hereby amended by striking the figure 40 in the first sentence, and inserting in lieu thereof the figure 41, and by striking the words Macon Circuit, composed of the Counties of Bibb, Crawford, Houston and Peach, and inserting in lieu thereof the words Macon Circuit, composed of the Counties of Bibb, Crawford and Peach, and by adding after the words Gwinnett Circuit, composed of the County of Gwinnett, the words Houston Circuit, composed of the County of Houston. Code 24-2501 amended. Section 8. The provisions of this Act shall become effective on January 1, 1972. Effective date. Section 9. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 16, 1969.

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INSURANCECOVERAGE UNDER GROUP LIFE INSURANCE POLICIES FOR DEPENDENTS. Code 56-2703 Amended. No. 306 (House Bill No. 117). An Act to amend subsection (2) of Code section 56-2703, relating to life insurance coverage for dependents under group policies, so as to permit employees or members insured for group life insurance to be covered against loss due to the death of their dependent and minor children in the amount of $2,000 instead of $1,000 as now provided; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Subsection (2) of Code section 56-2703, relating to life insurance coverage for dependents under group policies, is hereby amended by striking the words one thousand ($1,000) dollars between the words exceed and with and inserting in lieu thereof the words two thousand ($2,000) dollars, so that when so amended, said paragraph shall read as follows: 56-2703. (2) The insurance must be based on some plan precluding individual selection either by the employees or members or by the policyholder, employer or union, and the amount shall not exceed two thousand ($2,000) dollars with respect to any spouse or child; Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 17, 1969.

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TEACHERS' RETIREMENT SYSTEM ACT AMENDED. No. 307 (House Bill No. 194). 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 provide that certain members may be placed back into full retirement benefits upon meeting certain requirements; 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 adding to subsection (6) of section 5 the following: Provided, however, in the event a person is restored to service on or after his attainment of age fifty and again becomes a member of the Teachers' Retirement System under this subsection, upon reimbursing the System for any pension received from the System during his retirement, plus regular interest, such person shall receive credit for any prior creditable service and upon subsequent retirement he shall be credited with all his service as a member, provided such person has served at least two school years after such restoration to service. Such person's pension shall be based on the total of his creditable service and he shall not be limited to the sum of the pension he was receiving prior to his last restoration to membership in the System. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 17, 1969.

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HENRY GRADY HOTEL PROPERTY LEASE ACCEPTED. No. 11 (House Resolution No. 226-630). A Resolution. Accepting the bid of Jamestown Shopping Center, Inc., a Georgia Corporation, for the lease of the property owned by the State of Georgia facing Peachtree, Cain, and Spring Streets in the City of Atlanta, Fulton County, Georgia, and which is now commonly referred to and known as the Henry Grady Hotel Property or Old Governor's Mansion Site Property; and for other purposes. Whereas, pursuant to the provisions of the State Properties Control Code (Ga. L. 1964, pp. 146-158, as amended: (Ga. Code Ann., Ch. 91-1A, as amended)), the State Properties Control Commission is empowered to and has a duty, following the determination of the fair valuation of the involved property, to receive offers to lease and to lease, through competitive bidding, the property owned by the State of Georgia facing Peachtree, Cain, and Spring Streets in the City of Atlanta, Fulton County, Georgia, and which is now commonly referred to and known as the Henry Grady Hotel Property or Old Governor's Mansion Site Property; and Whereas, the State Properties Control Commission in accordance with section 9-104a. (b) of the State Properties Control Code obtained a plat of survey of the aforesaid property and two appraisals of the value of said property by qualified appraisers, both of whom are members of the American Institute of Real Estate Appraisers; and Whereas, section 9-108a. (a) of the State Properties Control Code provides that the State Properties Control Commission shall determine all of the provisions of each instrument or document prepared by it; and

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Whereas, the State Properties Control Commission determined the Advertisement, Invitation for Bids, Instructions To Bidders, and complete forms of both the Bid and Lease of the aforestated property, after Commission meetings and conferences with, and public hearings attended by, representatives of parties who had indicated an interest in leasing the aforesaid property; and Whereas, the availability for lease of the aforestated property was advertised once a week for four weeks in the National edition of the Wall Street Journal; and Whereas, formal advertisement of the Invitation For Bids was made as required by section 91-109a. (b) of the State Properties Control Code; and Whereas, the State Properties Control Commission furnished sets of the Bidding Papers to the many parties who had indicated an interest in leasing the aforestated property; and Whereas, at the public bid opening on January 20, 1969, one bid was received, and that from Jamestown Shopping Center, Inc., a Georgia Corporation, in the amount of $200,000.00 base annual rental, plus an escalation factor of 1%; and Whereas, on February 11, 1969, the State Properties Control Commission, after due consideration and discussion at public meetings, formally determined Jamestown Shopping Center, Inc., a Georgia Corporation, to be the highest responsible bidder for the lease of the aforestated property; and Whereas, section 91-109a. (a) and (e) of the State Properties Control Code 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

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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 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, pursuant to the aforesaid provisions of law, the prospective lessee has signed the proposed lease in ten counterparts; and Whereas, an exact copy of the said Lease, Invitation For Bids, Instructions To Bidders, and complete form of the Bid is attached to, incorporated in and by reference made a part of this Resolution; and Whereas, the aforestated property is not needed in any way for the operations of the various departments, boards, bureaus, commissions or other agencies of State government; and

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Whereas, the General Assembly has carefully considered the said bid and has determined that it should be accepted. Now, therefore, be it resolved by the General Assembly of Georgia that the proposed bid and lease are hereby accepted, only on the conditions that Jamestown Shopping Center, Inc., a Georgia Corporation, prior to the execution of the lease by the State of Georgia, shall submit to the Treasurer of the State of Georgia additional bid security in the amount of two hundred thousand dollars ($200,000.00) to be evidenced by a surety bond issued by a responsible insurance company legally licensed and authorized to transact business in the State of Georgia, and maintaining an office or agency in the City of Atlanta, Georgia, said additional bid security to be forfeited to the State of Georgia as fixed liquidated damages and not as a penalty if said Jamestown Shopping Center, Inc., a Georgia Corporation, before the term of the lease commences, declares or demonstrates its intention not to be bound by the Lease with said additional bid security to be maintained until Jamestown Shopping Center, Inc., a Georgia Corporation, has deposited all of the security required by paragraph twelve (12) of Article IV and paragraph thirty-eight (38) of Article VI of the lease, and that the present stockholders of Jamestown Shopping Center, Inc., a Georgia Corporation, John C. Portman, Jr., and Trammell Crow agree in writing to maintain such ownership with failure to so maintain to constitute an inidication of its intention not to be bound by the Lease, whereupon 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 of the State of Georgia and the said State Properties Control Commission. Be it further resolved that the State Treasurer, as Treasurer of the State Properties Control Commission, retain the $20,000.00 Bid Security submitted by Jamestown Shopping Center, Inc., a Georgia Corporation, as required in, and in accordance with the provisions of the Instructions To Bidders, until Jamestown Shopping Center, Inc.,

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a Georgia Corporation, has deposited with the said Treasurer all of the security required by paragraph twelve (12) of Article IV and paragraph thirty-eight (38) of Article VI of the lease. Be it further resolved that the Clerk of the House of Representatives is hereby instructed to transmit a copy of this Resolution to the Chairman of the State Properties Control Commission, to the Secretary of State and to Jamestown Shopping Center, Inc., a Georgia Corporation. FORM OF LEASE OF THE PROPERTY OWNED BY THE STATE OF GEORGIA FACING PEACHTREE, CAIN, AND SPRING STREETS IN THE CITY OF ATLANTA, FULTON COUNTY, GEORGIA WHICH IS NOW COMMONLY REFERRED TO AND KNOWN AS THE HENRY GRADY HOTEL PROPERTY OR OLD GOVERNOR'S MANSION SITE PROPERTY. STATE OF GEORGIA, COUNTY OF FULTON: WHEREAS, by an Act of the General Assembly of the State of Georgia, entitled State Properties Control Code, approved February 21, 1964 (Ga. Laws 1964, pp. 146-158), and by the Acts and Resolutions amendatory thereof and supplemental thereto, there was created a Commission to be known as the State Properties Control Commission, which Commission was by the provisions of the said Act and Resolutions authorized and empowered to contract for the leasing, and to lease the property owned by the State of Georgia facing Peachtree, Cain, and Spring Streets in the City of Atlanta, Fulton County, Georgia, and which is now commonly referred to and known as the Henry Grady Hotel Property or the Old Governor's Mansion Site Property. The said Commission was further authorized and empowered, except as limited by the provisions of the said Acts and

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Resolutions, to determine all of the provisions, covenants, terms and conditions upon which the said property should be leased and was further authorized and empowered to agree upon all the provisions, covenants, terms, conditions and details of a formal lease contract, which upon being prepared by the said Commission, and accepted 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 the said Acts and Resolutions, has, in regular meeting assembled, by resolution agreed to lease the said property to....., under the provisions, covenants, terms and conditions hereinafter set forth, which resolution, together with all the provisions, covenants, terms, conditions and details of this lease, shall 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 and Resolutions, that when said lease shall have been so prepared and approved by the General Assembly, the same shall be executed by the Chairman of the State Properties Control Commission for and on behalf of the State Properties Control Commission and the State of Georgia; NOW, THEREFORE, THIS INDENTURE OF LEASE, made and entered into this the..... day of....., 19....., by and between the State of Georgia, Party of the First Part (hereinafter referred to as Lessor), acting through the State Properties Control Commission, and the said JAMESTOWN SHOPPING CENTER, INC., a Georgia Corporation, Party (Parties) of the Second Part [If More Than One (1)

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Lessee, Lessees to be Bound and Liable Both Jointly and Severally] (hereinafter referred to as Lessee): WITNESSETH: ARTICLE I Grant And Term Of Lease Description Of Property To Be LeasedPremises ONE: The Lessor, under and by authority of the said Act of the General Assembly of the State of Georgia approved February 21, 1964 (Ga. Laws 1964, pp. 146-158), and by the Acts and Resolutions amendatory thereof and supplemental thereto, and in pursuance thereof, and by the said resolution of the said State Properties Control Commission, and for and in consideration of the premises and of the rents, provisions, covenants, terms, and conditions herein set forth, does hereby let, lease and demise unto Lessee, and Lessee does hereby take, lease and hire from Lessor, for a term of ninety-nine (99) years, commencing from and immediately on the termination of the lease now existing (which lease will expire and terminate at 12:00 o'clock midnight on May 31, 1972), and expiring at 12:00 o'clock midnight on May 31, 2071, unless this lease shall be sooner terminated as hereinafter provided, the State-owned property facing Peachtree, Cain, and Spring Streets in the City of Atlanta, Fulton County, Georgia, which is now commonly referred to and known as the Henry Grady Hotel Property or the Old Governor's Mansion Site Property, the same having the following metes and bounds, to-wit: ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING in Land Lot 78 of the 14th District of Fulton County, Georgia, as shown on a plat of survey entitled PROPERTY OF THE STATE OF GEORGIA THE OLD GOVERNOR'S MANSION PROPERTY, dated October 19, 1968, and prepared by Ernest L. Boggus, P. E. L. S., and being more particularly described as follows:

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BEGINNING at a point at the intersection formed by the south side of Cain Street with the west side of Peachtree Street, said point of beginning being located 10 feet south of the curb located on the south side of Cain Street and 15 feet west of the curb located on the west side of Peachtree Street; thence running in a southerly direction a distance of 143.0 feet to a point, said point being located 15 feet west of the curb located on the west side of Peachtree Street and 261.62 feet northerly from Ellis Street; thence running in a westerly direction, so as to form an interior angle of 90 29[UNK] 20[UNK] with the course last run, a distance of 331.59 feet to a point on the easterly side of an alley, said point being designated as point A on the plat of survey above referred to; thence running southwesterly along the easterly side of said alley a distance of 0.9 feet to a point; thence running in a westerly direction, so as to form an interior angle of 100 44[UNK] with the easterly side of said alley, a distance of 76.49 feet to a point on the easterly side of Spring Street, said point being located 10 feet easterly from the curb on the east side of Spring Street and 66.30 feet northerly from Carnegie Way; thence running in a northeasterly direction, so as to form an interior angle of 79 03[UNK] 30[UNK] with the course last run, a distance of 146.0 feet to a point located at the intersection formed by the easterly side of Spring Street with the south side of Cain Street, said point being located 10 feet easterly from the curb located on the east side of Spring Street, and 10.15 feet south from the curb located on the south side of Cain Street; thence running easterly along the south side of Cain Street, so as to form an interior angle of 101 02[UNK] 30[UNK] with the course last run, a distance of 75.98 feet to a point on the east side of an alley; thence running in an easterly direction so as to form an interior angle of 100 50[UNK] with the east side of said alley, a distance of 305.72 feet to the point of beginning, said point of beginning forming an interior angle of 89 26[UNK] with the course first run. The above-described property is bounded on the north by Cain Street, on the east by Peachtree Street, on the

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south by Davison's and Parking Decks, and on the west by Spring Street. Said plat of survey above-referred to: entitled PROPERTY OF THE STATE OF GEORGIA THE OLD GOVERNOR'S MANISON PROPERTY, date October 19, 1968, and prepared by Ernest L. Boggus, P. E. L. S., is attached to this lease, incorporated in and by reference made a part of this description and lease. Also included in this lease of the above-referenced property are: (1) all buildings, other structures, or alteration that may be constructed and located on the above-described property on the commencement date of this lease; and (2) all other improvements of any nature or kind that may be located in any said buildings, other structures, alteration, or upon the above-described property on the commencement date of this lease. However, if prior to June 1, 1972, any of the buildings, other structures, alteration or improvements now located on or in the said demised premises shall be damaged, removed, or destroyed, in whole or in part, whether insured or not, this lease, and the duties and obligations of the Lessor and the Lessee hereunder, shall not be affected, modified or changed thereby. All of the above-described properties are hereinafter referred to and shall be known in this lease as the premises. TO HAVE AND TO HOLD the premises unto Lessee, together with the appurtenances thereunto belonging or appertaining including all interests of Lessor in and to the air rights over the premises, and any easements of Lessor now or hereafter existing in, to, or under adjacent streets, sidewalks, alleys and party walls, for the full term of this lease in acocrdance with and in compliance with the provisions, covenants, terms and condition of this lease.

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ARTICLE II Covenants of Quiet Enjoyment And As To Title Delivery of Possessions TWO: Lessee paying the rents hereby reserved, and fully performing and observing the covenants, duties and obligations by it to be performed, observed and kept, may peaceably possess, hold, enjoy and use the said leased premises with the exclusive control, possession, and enjoyment thereof during the full term of this lease. THREE: Lessor warrants that it has fee simple title to the premises and that the premises will be delivered to Lessee free and clear of all claims, demands, obligations, mortgages, liens and encumbrances of any nature or kind. However, if Lessor for any reason whatsoever, cannot deliver possession of the said premises to Lessee at the commencement of said term, this lease shall not be void or voidable, nor shall Lessor be liable to Lessee for any loss or damage resulting therefrom; but in that event, Lessee shall be permitted to withhold payment of the rent during the period between the commencement of the said term and the time when Lessor can deliver possession. ARTICLE III Encroachments FOUR: The right is hereby expressly reserved to the Lessor to remove and cause to be discontinued any or all encroachments and other adverse uses and occupancies in, to, and upon the said premises, or any part thereof, whether maintained under claim of lawful right or otherwise; and to this end Lessee hereby consents that the Lessor may withhold delivery of possession or right of possession to Lessee until such encroachment and other adverse uses and occupancies shall have been removed or discontinued; and the Lessor shall undertake to remove and cause the discontinuance of such encroachments, uses and occupancies, acting therein in its own

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name and behalf as the owner of the premises. It is further understood and agreed that Lessee will, if and when so requested by Lessor, join with the Lessor and become a party to any proceeding, judicial or otherwise, that may be instituted by and on behalf of the Lessor for the purpose of freeing the premises from all encroachments, adverse uses and occupancies. It is understood and agreed that when such encroachments, adverse uses and occupancies shall have been removed by judicial proceedings or otherwise, the use of the same for the remaining period of this lease shall inure to the benefit of Lessee to the same extent as the other portions of the premises herein leased shall inure to it under the provisions, covenants, terms and conditions of this lease. ARTICLE IV RentsRental Bond FIVE: Lessee accepts this lease and covenants and agrees that as rent for the said premises herein leased it will pay, into the treasury of the State of Georgia on June first (1st) of each and every year during the full term of this lease, a base annual rental of Two hundred thousand ($200,000) dollars. Said base annual rental shall be the full rental for the first (1st) year of this lease and shall be due and payable on June 1, 1972. On June first (1st), of each succeeding year of this lease for the remainder of the first (1st) twenty-five (25) years of the lease term, 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 One (1%) per cent times the number of years the lease has run through the end of the preceding lease year. Subject, however, to the provision that the base annual rental shall in no instance be reduced to an amount lower than that specified above in this paragraph, said base annual rental shall be subject to adjustment during the term of this lease in the

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manner set forth in the succeeding paragraphs of this Article IV. SIX: Six (6) months before the expiration of the twenty-fifth (25th) year of the term of this lease on May 30, 1997, the Lessor and the Lessee shall determine, in the manner set forth in paragraph seven (7) of this Article IV, a new base annual rental which shall be the rental for the twenty-sixth (26th) year of the lease term and the subject for the ensuing twenty-four (24) years of the lease term to escalation in the same manner and by the same percentage factor as set forth in paragraph five (5) of this Article IV. SEVEN: The said new base annual rental shall be determined by computing the average of two (2) appraisals of the then fair rental value of the premises herein leased, the Lessor and the Lessee to each appoint one (1) appraiser and each to pay the cost of their appraiser. The said appraisers shall be directed to specifically include (but not be limited to) in their consideration of the fair rental value of the premises, the value of the leased land, the value of any buildings, other structures, alteration, or improvements on or in the leased premises, the fact that such buildings, other structures, alteration or improvements will belong to the Lessor upon termination of the term of this lease, and the obligation of the Lessee to pay rent hereunder, including the added rental increment due under the escalation clause. The said appraisals shall be made no earlier than nine (9) months prior to the expiration of the twenty-fifth (25th) year of the lease term and each appraiser shall be a member of a nationally recognized appraisal agency or institute. EIGHT: Six (6) months before the expiration of the fiftieth (50th) year of this lease on May 30, 2022, a new base annual rental shall be determined in the same manner as set forth in paragraph seven (7) of this Article IV, with that new base annual rental being the rental for the fifty-first (51st) year of the lease term and the subject for the next ensuing twenty-four (24)

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years of the lease term to escalation in the same manner and by the same percentage factor as set forth in paragraph five (5) of this Article IV. NINE: Six (6) months before the expiration of the seventy-fifth (75th) year of this lease on May 30, 2047, a new base annual rental shall be determined in the same manner as set forth in paragraph (7) of this Article IV, with that new base annual rental being the rental for the seventy-sixth (76th) year of the lease term and the subject for the last twenty-three (23) years of the lease term to escalation in the same manner and by the same percentage factor as set forth in paragraph five (5) of this Article IV. TEN: Payment of annual rental and all other sums due to Lessor under this lease shall be made to the State Treasurer of Georgia. ELEVEN: In the event the Lessee shall fail or refuse to pay the aforesaid annual rental to the Treasurer of the State of Georgia within five (5) days after the time named in this Article IV for the payment of such annual rental, the Lessor, upon giving ninety (90) days written notice thereof to the Lessee, and as fixed; liquidated damages and not as a penalty, may collect out of the rental security on deposit with Lessor the amount of such unpaid rental. If at any time the Lessee shall be in arrears in an amount as much as one (1) year's annual rental, the Lessor may declare a default, and, at its option, elect to follow one of the options provided in paragraph seventy-two (72) of Article X of this lease. TWELVE: Lessee further agrees to deposit, prior to June 1, 1972, with the Treasurer of the State of Georgia, a surety bond, issued by a responsible insurance company, legally licensed and authorized to transact business in the State of Georgia, and maintaining an office or agency in the City of Atlanta, Georgia, in the amount equal to two (2) times the then current base annual rental and/or, at Lessee's option, recognized valid bonds of the United States Government, in an aggregate par

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value equal to two (2) times the then current base annual rental. Upon failure of Lessee to fully comply with this provision, Lessor may, without giving prior written notice to Lessee, declare a default of this lease, and, at its option, terminate the same. THIRTEEN: Lessee agrees to maintain at all times its deposit of the said surety bond and/or bonds of the United States Government at the amount set forth in paragraph twelve (12) of this Article IV. FOURTEEN: The adequacy of such United States Government bonds, to provide the security in the amount set forth in paragraph twelve (12) of this Article IV, shall be in the sole discretion of the Lessor. If the Lessor shall determine that the said security is inadequate, Lessee shall, within ninety (90) days following written notice by the Lessor of such inadequacy, make good said deficiency by the deposit of other bonds of like kind. FIFTEEN: Lessee, in good faith, and after the initial deposit, shall have the right to change and interchange such deposited security from time to time. SIXTEEN: Lessee, fully complying with paragraph twelve (12) of this Article IV, shall have the right to any and all interest that may accumulate on any United States Government bonds so deposited. SEVENTEEN: If upon the termination or expiration of this lease, Lessee shall have well and truly performed the undertakings, duties and obligations of this lease, any surety bond or bonds of the United States Government on deposit with the Lessor pursuant to paragraph twelve (12) of this Article IV shall be returned to the Lessee.

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ARTICLE V TaxesSpecial AssessmentsRight To Contest Taxes, Etc.ReceiptsPayment Of Utility Bills And Interest EIGHTEEN: It is hereby determined and declared by the Lessor and Lessee, that nothing contained in this lease is intended to exempt from ad valorem taxes or subject to ad valorem taxes the interest of Lessee created by this lease. NINETEEN: Lessee shall bear and pay to the public officer charged with the collection thereof, before the same shall become delinquent, and shall indemnify, save and hold harmless the Lessor from the payment of, any and all taxes, assessments, license fees, excises, imposts, fees and charges of every sort, nature and kind, which during the full term of this lease are or might be levied, assessed, charged or imposed upon or against the said premises and any and all alteration which will be constructed and located thereon during the term of this lease. TWENTY: If the imposition of any tax, assessment, license fee, excise, impost, fee or charge shall be deemed by Lessee to be improper, illegal or excessive, Lessee may, at its sole cost and expense and in its own name, dispute and contest the same and, in such case, such item need not be paid until adjudged to be valid. Provided, however, that Lessee shall first furnish to Lessor, if requested in writing by Lessor, reasonable security for the payment of such item so contested. Unless so contested by Lessee, all such taxes, assessments, license fees, excises, imposts, fees and charges shall be paid by Lessee within the time provided by law, and if contested, any such tax, assessment, license fee, excise, impost, fee or charge shall be paid before the issuance of an execution on the final judgment. TWENTY-ONE: After all payments are made by the Lessee pursuant to and in conformity with paragraphs

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nineteen (19) and twenty (20) of this Article V, Lessee shall at once furnish to Lessor duplicate receipts or other satisfactory evidence of such payment. TWENTY-TWO: Lessee is to be responsible for and shall pay all water, sanitation, gas, heat, light, power, steam and telephone services and any and all other services supplied to the said premises. TWENTY-THREE: If Lessee fails to procure insurance, as hereinafter provided, or fails to pay any taxes, assessments, license fees, excises, imposts, fees, charges, premiums of insurance, or fails in the payment of any and all amounts herein provided to be paid by Lessee, or fails in the performance of any covenants, undertakings, duties or obligations of Lessee under this lease, Lessor may, at Lessor's option, after ten (10) days prior written notice to Lessee, and on behalf of Lessee, procure any such insurance, and make any such payment or payments as may be reasonably necessary. TWENTY-FOUR: Any reasonable amounts paid or expended by Lessor under the provision of paragraph twenty-three (23) of this Article V shall be reimbursed and paid to Lessor by Lessee on demand. TWENTY-FIVE: Any amounts payable under this lease by Lessee to Lessor and not paid when due shall bear interest at the rate of eight (8%) per cent per annum. If it becomes necessary for Lessor to bring suit for collection of any amounts herein stipulated to be paid, Lessee agrees to pay any and all such expenses and costs as Lessor may reasonably incur. ARTICLE VI Use Of PremisesAlteration Of PremisesMinimum Fair Market Value Of AlterationDate For Sub- stantial Completion Of AlterationAlteration Bond(s)Vesting Of Legal Title To Altera- tionAbandonment Of PremisesMain- tenance And Repair Of Premises
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Indemnification And Save And Hold Harmless Provisions TWENTY-SIX: At all times, Lessee shall conform to, obey and comply with all present and future laws and ordinances, and all lawful requirements, rules, and regulations of all legally constituted authorities, existing at the commencement of this lease or at any time during the continuance of this lease, which in any way affect the premises or the use of the premises, or any repair, replacement, demolition, renovation, construction, resotration or excavation being done on or to the premises, or in any way affecting this lease. The right to contest the validity thereof in good faith, at its sole cost and expense and in its own name, is hereby reserved to the Lessee. TWENTY-SEVEN: Lessee accepts the premises as defined in paragraph one (1) of Article I of this lease as suited for the present use intended by Lessee. Lessor shall not be required to make any repairs or alteration to the premises during the term of this lease, or in any manner to supply maintenance for the premises or any buildings, other structures, alteration, or improvements located thereon or therein. TWENTY-EIGHT: However, Lessee shall, at Lessee's sole cost and expense, either add to, renovate, or construct anew (heretofore referred to and hereinafter stated in this lease as alteration) any buildings, other structures, alteration or improvements that may be constructed and located on or in the premises at the time of the commencement of this lease. The constructed and substantially completed alteration shall have a minimum fair market value of not less than three million ($3,000,000) dollars. TWENTY-NINE: The constructed and substantially completed alteration shall be designed primarily for commercial, offices, hotel, apartments or similar uses and shall be entirely contained on the leased land. The alteration may, however, be joined to buildings or structures on adjacent land provided Lessee, prior to the termination

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of this lease and upon the written request of Lessor, and at Lessee's own cost and expense, shall sever the said alteration so that the same shall be suitable for commercial, office, hotel, apartments or similar uses independent of any other property, building or structure. THIRTY: In making an alteration of the premises, the salvage, if any, which Lessee may be able to recover as a result of such alteration, shall belong to Lessee. However, Lessee's right to any salvage shall not in any way be detrimental to, encroach upon, or extinguish any rights Lessor may have under the present February 1, 1922, lease of the premises, it being clearly understood by and between the parties hereto, that the premises herein leased shall consist of only: (1) The metes and bounds property described in paragraph one (1) of Article I of this lease; and (2) those buildings, other structures, or alteration that may be constructed and located on the said property on the commencement date of this lease; and (3) those other improvements of any nature or kind that may be located in any said buildings, other structures, alteration or upon the said property on the commencement date of this lease. THIRTY-ONE: While any alteration is being done on the leased premises, Lessee shall protect all adjacent property. THIRTY-TWO: Lessee covenants and agrees to substantially complete the alteration to the premises, on or before June 1, 1996. (The aforementioned date shall be no later than June 1, 1996.) For the purpose of demonstrating to the Lessor that said alteration will be in the amount specified in paragraph twenty-eight (28) of this Article VI, Lessee, prior to commencing such alteration, shall deliver to Lessor preliminary architect's drawings, specifications and cost estimates of the said alteration. Lessee shall construct and complete the alteration in substantial compliance with the drawings, specifications and amendments thereof submitted to the Lessor. Substantially complete as used in this paragraph and throughout this lease shall be construed to mean such

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condition as is sufficient, suitable and ready for occupancy and for the use intended. If the said alteration is not substantially completed by the date heretofore stated in this paragraph, Lessee hereby agrees to pay to Lessor, as fixed liquidated damages and not as a penalty, the sum of One Hundred Dollars ($100.00) per day until the said alteration is substantially completed. However, the said alteration must be substantially completed within six (6) months following the said date heretofore stated in this paragraph. THIRTY-THREE: Lessee covenants and agrees that the said alteration shall be constructed and maintained in compliance with the laws of the State of Georgia and the fire, building, and health ordinances, rules and regulations of the City of Atlanta, and shall be built under the inspection and subject to the lawful requirements of the Building Department of the City of Atlanta, or such other office or officer authorized by law to inspect or make rules and regulations covering the construction and inspection of buildings, other structures, alteration, or improvements. THIRTY-FOUR: Lessee covenants and agrees to pay, currently as they become due and payable, all bills for labor, materials, insurance, and bonds, and for all architects', engineers', contractors', and subcontractors', fees, and for all other expenses and costs incident to the construction and completion of the said alteration. Provided, however, that Lessee may, in good faith, at its sole cost and expense and in its own name, dispute and contest the same, and in such case, such item need not be paid until adjudged to be valid. Provided, further, that Lessee shall first furnish to Lessor, if requested in writing by Lessor, reasonable security for the payment of such item so contested Unless so contested by Lessee, all such items shall be paid by Lessee within the time provided by law, and if contested, any such item shall be paid before the issuance of an execution on the final judgment. THIRTY-FIVE: The said alteration shall be constructed and substantially completed free of all liens and claims

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of all architects', engineers', contractors', subcontractors', mechanics', laborers and materialmen, or any other person whomsoever, except mortgage liens on Lessee's interest hereunder as hereinafter expressly permitted. Lessee may, in good faith, at its sole cost and expense and in its own name, dispute and contest any such lien or claim, and in such case, the amount of such lien need not be paid until the lien or claim is adjudged to be valid. Provided, however, that Lessee shall first furnish to Lessor, if requested in writing by Lessor, reasonable security for the payment of such lien or claim so disputed or contested. Unless so disputed or contested by Lessee, all such lien or claim amounts shall be paid by Lessee before the said lien or claim is foreclosed, and if disputed or contested, any such lien or claim amount shall be paid by Lessee before the issuance of an execution on the final judgment of a foreclosure. Lessee's rights, as well as the rights of anyone, including but not limited to any mortgagee or other lien or claim holder, shall always be and remain subordinate, inferior, and junior to Lessor's title, interest and reversionary estate in the premises. THIRTY-SIX: Lessee agrees and covenants that in the event of the abandonment or non-completion of any alteration undertaken by it upon the said demised premises, or in the event of Lessee's failure to complete and finish the same in accordance with all the requirements of this lease, then the Lessor shall have the option, but without any obligation so to do and without prejudice to any other rights in consequence of a default, to complete or finish such alteration at the expense and cost of the Lessee and, as nearly as practicable and proper, according to the plans, specifications and cost estimates then being worked under. THIRTY-SEVEN: The said alteration shall become a part of the leased premises and the legal title to the same shall vest in the Lessor at the termination of this lease. THIRTY-EIGHT: Lessee further agrees to deposit with the Treasurer of the State of Georgia, prior to June 1, 1972, a surety bond, issued by a responsible insurance company, legally licensed and authorized to transact business

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in the State of Georgia, and maintaining an office or agency in the City of Atlanta, Georgia, and/or, at Lessee's option, recognized valid bonds of the United States Government, in the same amount as the minimum fair market value of the alteration set forth in paragraph twenty-eight (28) of this Article VI. Upon failure of Lessee to fully comply with this provision, Lessor may, without giving prior written notice to Lessee, declare a default of this lease, and, at its option, terminate the same. THIRTY-NINE: Lessee agrees to maintain its deposit of the said surety bond and/or bonds of the United States Government at the minimum fair market value of the alteration set forth in paragraph twenty-eight (28) of this Article VI. FORTY: The adequacy of such United States Government bonds, to provide the security in the amount set forth in paragraph twenty-eight (28) of this Article VI, shall be in the sole discretion of the Lessor. If the Lessor shall determine that the said security is inadequate, Lessee shall, within ninety (90) days following written notice by the Lessor of such inadequacy, make good said deficiency by the deposit of other bonds of like kind. FORTY-ONE: Lessee, in good faith, and after the initial deposit, shall have the right to change and interchange such deposited security from time to time. FORTY-TWO: The bond(s) referred to in paragraph thirty-eight (38) of this Article VI is not to be confused with the bond (s) referred to in paragraph twelve (12) of Article IV of this lease. The bond (s) required in paragraph twelve (12) of Article IV of this lease shall be in an amount equal to two (2) times the then current base annual rental, while the bond(s) referred to in paragraph thirty-eight (38) of this Article VI shall be in the amount set forth in paragraph twenty-eight (28) of Article VI of this lease.

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FORTY-THREE: The bonds, whether surety or United States Government, so deposited by the Lessee as required by paragraph thirty-eight (38) of this Article VI shall be regarded as collateral security for the faithful performance by the Lessee of the provisions of paragraph twenty-eight (28) of this Article VI or the lease. FORTY-FOUR: Lessee, fully complying with paragraph thirty-eight (38) of this Article VI, shall have the right to any and all interest that may accumulate on any United States Government bonds so deposited. FORTY-FIVE: When the said alteration is constructed and substantially completed, the Lessor shall deliver to the Lessee the surety bond or valid bonds of the United States Government, referred to in paragraph thirty-eight (38) of this Article VI. FORTY-SIX: Lessee shall not vacate or abandon the premises at any time during the term of this lease; and if Lessee does abandon, vacate or surrender said premises, or is dispossessed by process of law, or otherwise, any personal property or trade fixtures belonging to Lessee and left on the premises shall be deemed to be abandoned, at the option of the Lessor. FORTY-SEVEN: The voluntary, involuntary, or other surrender of this lease by Lessee, or a mutual cancellation thereof, shall, at the option of Lessor, terminate any and all existing subleases or subtenancies, or may, at the option of Lessor, operate as an assignment to Lessor of any or all such subleases or subtenancies. FORTY-EIGHT: Lessee shall, at all times during the term of this lease, at its sole cost and expense, keep and maintain the said leased premises, and appurtenances and every part thereof, and any and all other buildings, other structures, alteration, or improvements that may thereafter be constructed, located on, in, and made a part of the said leased premises, in good and sanitary order, condition and repair.

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In the event, at any time during the term of this lease, any alteration, demolition, renovation, repair, replacement or other work of any nature, structural or otherwise, shall be required or ordered or becomes necessary on account of any governmental regulation now in effect or hereafter adopted, or on account of any other reason with respect to the said leased premises or with respect to any and all other buildings, other structures, alteration or improvements that may thereafter be constructed, located on, in and made a part of the said leased premises, the entire cost and expense thereof regardless of when the same shall be incurred or become due, shall be the liability of Lessee and, in no event, shall the Lessor be called upon to contribute thereto or do or pay for any work performed, materials furnished, or obligations incurred by Lessee. FORTY-NINE: Lessee will indemnify the Lessor against, and save and hold the Lessor harmless from, any damage, injury or death to any person or property caused by the failure of Lessee to keep the premises in good and sanitary order, condition and repair, as herein provided. FIFTY: Lessee, as a material part of the consideration to be rendered to Lessor, agrees to be responsible for, to indemnify the Lessor against, and to save and hold the Lessor harmless from, any and all liabilities, damages, claims, or demands arising out of any accident or occurence causing damage, injury or death to any and all persons or properties in, upon or about the premises. ARTICLE VII AdditionSubtractionRenovation Demolition Or Construction Anew Of Said Alteration FIFTY-ONE: If the Lessee is not in default in the performance of any of the provisions, covenants, terms and conditions of this lease, it shall have the right to add to, subtract from, renovate, demolish, or construct anew the said alteration. Provided, however, that until the said alteration, required in Article VI of this lease,

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has been constructed and substantially completed, no subsequent complete alteration shall be permitted, nor shall any alteration which if not completed would cause the said alteration to no longer meet the requirements of paragraph twenty-eight (28) of Article VI hereof be undertaken unless: (A) Lessee shall provide for the replacement of the said alteration with a new alteration which will comply with and meet the requirements of paragraph twenty-eight (28) of Article VI of this lease; and (B) Lessee shall deliver or cause to be delivered to Lessor, for the purpose of demonstrating to the Lessor that the said proposed change will comply with the requirements of paragraph twenty-eight (28) of Article VI of this lease, preliminary architect's drawings, specifications and cost estimates of the work to be done, at least one hundred and twenty (120) days before commencing such change. In the event of any substantial change in the drawings, specifications and cost estimates, prior to completion of such work, Lessee shall submit to Lessor notice of its intention to make such change, together with amendments to the drawings, specifications and cost estimates; and (C) Lessee shall either: (1) Deliver to Lessor a bond having a good and solvent corporate surety acceptable to Lessor, guaranteeing to Lessor the substantial completion of the proposed work in accordance with the drawings, specifications and cost estimates submitted to Lessor, and the due payment for all labor and materials incorporated in such work and all fees and other expenses incurred in connection therewith; or (2) Deliver other assurances satisfactory and acceptable to Lessor for completion of such work and the due payment of the full cost thereof. FIFTY-TWO: Lessee agrees, at the termination of this lease, to surrender unto Lessor, all and singular the said premises with the then existing buildings, other structures, alteration and improvements constructed and located thereon and therein, in the same condition as when such buildings, other structures, alteration and improvements were constructed, only natural wear and tear excepted.

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ARTICLE VIII Damage To Or Destruction Of Premises Repair, Restoration Or Replacement Of Premises InsuranceIndemnification Save And Hold Harmless Provisions FIFTY-THREE: At all times during the term of this lease, including the period of any alteration, demolition, construction, renovation, repair, restoration, replacement, or reconstruction on the premises, Lessee shall have all buildings, other structures, alteration and improvements insured, against any loss or damage caused by fire, lightning, windstorm, hurricane, tornado, cyclone, hail, explosion, riot, civil commotion, aircraft, smoke, land vehicles, boiler explosion, or any other type or kind of catastrophe, with responsible insurance companies, legally licensed and authorized to transact business in the State of Georgia and maintaining an office or agency in the City of Atlanta, Georgia, said insurance to be in the amount of the full insurable value [One Hundred (100%) per cent] of said buildings, other structures, alteration and improvements. FIFTY-FOUR: The contracts of insurance shall contain standard loss payable clauses to Lessor and Lessee as their respective interests may appear. The said policies shall provide that the same shall not be in invalidated or cancellable until after a ten (10) day written notice has been given to Lessor, and the Insurance Commissioner of the State of Georgia. FIFTY-FIVE: Lessee agrees and covenants that it will not do or permit to be done in, to, or about the said premises, any act or thing which will invaldidate any insurance pertaining to any buildings, other structures, alteration or improvements now located thereon or therein or hereafter constructed thereon or therein; and, further, Lessee will not permit any buildings, other structures, alteration or improvements at any time to be put, kept or maintained on said premises in such condition that the same cannot be insurable in the

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amount of the full insurable value [One Hundred (100%) per cent]. FIFTY-SIX: Should, during the term of this lease, any existing buildings, other structures, alteration or improvements constructed and located on or in the leased premises on the date of the commencement of this lease, or hereinafter constructed and located on or in the leased premises, be damaged or destroyed by fire or any other casualty, whatsoever, Lessee shall promptly commence the work of repair, restoration, or replacement, and shall prosecute the same with all reasonable dispatch, so that within four (4) years from the date of such damage or destruction or by the end of the lease term, whichever is earlier, such buildings, other structures, alteration or improvements will have been repaired, restored or replaced by another alteration satisfying the minimum fair market value requirements set forth in paragraph twenty-eight (28) of Article VI of this lease. It being clearly understood and agreed upon by and between the parties that damage to or destruction of any buildings, other structures, alteration or improvements on said demised premises, at any time, by fire or any other casualty whatsoever, shall not work a termination of this lease or authorize the Lessee or those claiming by, through or under it, to quit or surrender possession of the said demised premises or any part thereof, and shall not release the Lessee in any way from its liability to pay the Lessor the rent hereinabove provided for, or from any of the provisions, covenants, terms, and conditions of this lease. FIFTY-SEVEN: If the said repair, restoration, or replacement is not substantially completed within said four (4) years from the date of such damage or destruction (if such completion date is prior to the end of the term of this lease), Lessee hereby agrees to pay to Lessor as fixed liquidated damages and not as a penalty, the sum of One Hundred ($100.00) Dollars per day until the said alteration is substantially complete or until the end of the term of this lease, whichever is earlier.

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FIFTY-EIGHT: For the purpose of demonstrating to the Lessor that said repair, restoration or replacement shall be in the amount specified in paragraph twenty-eight (28) of Article VI, Lessee, prior to commencing such repair, reconstruction or replacement, shall deliver to Lessor preliminary architect's drawings, specifications and cost estimates of the said repair, reconstruction or replacement. Lessee shall repair, reconstruct, replace and complete the alteration in substantial compliance with the said drawings, and specifications and amendments thereof submitted to Lessor. FIFTY-NINE: Lessee further agrees to pay or cause to be paid all expenses in connection with said repair, restoration and replacement so that such buildings, other structures, alteration or improvements shall be free and clear from all liens and claims for labor, materials, fees or other expenses. SIXTY: At all times during any repair, demolition, construction, renovation, restoration, or replacement of any buildings, other structures, improvements, or alteration, Lessee agrees, at its own cost and expense, to obtain and maintain workmen's compensation insurance in an amount necessary to protect Lessor and Lessee from all liabilities, damages, claims or demands arising out of any accident or occurrence causing injury to any person. SIXTY-ONE: In defraying the cost and expense that might be incurred by Lessee in paragraph fifty-six (56) of this Article VIII, the proceeds of all insurance shall be made available to, and shall be utilized by Lessee in the repair, restoration, or replacement of such buildings, other structures, alteration or improvements, and for no other purpose whatsoever. However, all sums necessary to effect such repair, restoration, or replacement, over and above the amount available from said insurance moneys, shall be at the sole cost and expense of the Lessee. SIXTY-TWO: In the event of the termination of this lease before the expenditure of the full amount of such

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insurance fund, any unexpended balance remaining therein, including any interest previously earned by such balance, shall inure to and become the sole property of the Lessor. SIXTY-THREE: In connection with the demolition of any buildings, other structures, alteration or improvements, on the leased land; any land excavation; any grading on the leased land; any construction, repair, restoration, or replacement of any buildings, other structures, alteration or improvements or the leased land; Lessee agrees to be responsible for, to indemnify the Lessor against, and to save and hold the Lessor harmless from any and all liabilities, damages, claims or demands arising out of any accident or occurence causing injury to any person whatsoever or damages to any property whatsoever. SIXTY-FOUR: Lessee agrees, at its own cost and expense, to obtain and maintain public liability insurance at all times during the term of this lease with responsible insurance companies, legally licensed and authorized to transact business in the State of Georgia, and maintaining an office or agency in the City of Atlanta, Georgia, with single limits for each event of not less than One Million ($1,000,000) Dollars for damages to persons and property. The said public liability insurance shall insure Lessor and Lessee against any liability, damage, claim or demand in any way arising out of or in connection with the condition or use of the premises. SIXTY-FIVE: Insurance policies including all insurance required to be carried by Lessee in accordance with this lease, or, at the option of Lessee, certificates showing that such insurance is in force and non-cancellable without at least ten (10) days prior written notice to Lessor and the Insurance Commissioner of the State of Georgia, shall be delivered to Lessor. SIXTY-SIX: Lessee shall at once furnish to Lessor duplicate receipts or satisfactory evidence of the payment

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of all premiums on any and all insurance required to be carried by Lessee in accordance with this lease. ARTICLE IX Concerning Mortgage Of The Leasehold SIXTY-SEVEN: Whenever the Lessee is not in the arrears in the payment of rent, nor in default in the performance or observance of any of the provisions, covenants, terms and conditions, of this lease, it (Lessee) shall have the right to encumber by deed to secure debt, mortgage, deed of trust, or other instrument in the nature thereof as security for any debt, all of Lessee's rights and interests hereunder including, without limiting the generality of the foregoing, its rights and interests in and to all buildings, other structures, improvements, alteration and fixtures now or hereafter placed on the premises by the Lessee. In all respects, however, the said deed to secure debt, mortgage, deed of trust, or other instrument in the nature thereof as security for any debt, shall be subordinate, inferior and junior to Lessor's rights, title, privileges, liens and interests as provided in this lease. Lessee shall not have the right to, in any way, burden or encumber Lessor's fee simple title and reversionary interest in and to the premises. SIXTY-EIGHT: If, at any time after the execution and recording in the office of the Clerk of the Superior Court of Fulton County, Georgia, of any such deed to secure debt, mortgage, deed of trust, or other instrument in the nature thereof encumbering Lessee's rights and interests hereunder, the grantee, mortgagee, or trustee therein shall notify the Lessor in writing that any such deed to secure debt, mortgage, deed of trust or other instrument in the nature thereof has been given and executed by the Lessee and shall at the same time furnish the Lessor with the address to which it desires copies of all notices to be mailed, Lessor hereby agrees that it will mail to such person at the address so given, duplicate copies of any and all suits filed by Lessor against Lessee and duplicate copies of any and all written

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notices which the Lessor may, from time to time, give or serve upon the Lessee under the provisions, covenants, terms and conditions of this lease. SIXTY-NINE: To the extent that Lessee may grant the right to any such grantee, mortgagee, or trustee, such grantee, mortgagee or trustee may, at its option, at any time before Lessor elects one of the options in paragraph seventy-two (72) of Article X of this lease, pay any amount or do any act or thing required of the Lessee by the terms of this lease. All payments so made and all acts or things so done and performed by any such grantee, mortgagee, or trustee, shall be as effective to prevent a forfeiture of the rights and interests of the Lessee hereunder as the same would have been if done and performed by the Lessee instead of any such grantee, mortgagee, or trustee. SEVENTY: Any deed to secure debt, mortgage, deed of trust, or instrument in the nature thereof given by the Lessee may, if the Lessee so desires, be so conditioned as to provide that as between any such grantee, mortgagee, or trustee and Lessee, said grantee, mortgagee or trustee, on making good any such default or defaults on the part of the Lessee, shall be thereby subrogated to any and all of the rights of Lessee under the provisions, covenants, terms and conditions of this lease. ARTICLE X DefaultTermination SEVENTY-ONE: This lease is granted on the condition that if a default shall occur, then Lessor may, at its option, terminate this lease. SEVENTY-TWO: In the event the Lessor declares that the Lessee has defaulted in the observance or performance of any of the provisions, covenants, terms or conditions of this lease, and unless it is otherwise provided in this lease, Lessor may, at its option, upon giving ninety (90) days prior written notice to Lessee and

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to any grantee, mortgagee, or trustee required to be given copies of notices in accordance with paragraph sixty-nine (69) hereof, (A) Terminate this lease without any further notice to Lessee, and, thereafter, without legal process, enter upon and take immediate possession and control of the premises to the complete exclusion of Lessee. Lessor may also demand, collect and retain all rents due from tenants occupying said premises and Lessor may otherwise treat and occupy the said premises as if this lease had expired of its own limitation. The failure of Lessor to exercise such rights after one or more defaults shall not be a waiver of the rights of the Lessor upon any subsequent default; or (B) As Lessee's legal representative, without terminating this lease, re-let the said premises without advertisement and by private negotiations for such term or terms and at such rental or rentals as Lessor in its sole discretion may deem proper and advisable, with the right to make alteration and repairs to said premises. Upon each such re-letting (1) Lessee shall be immediately liable to pay to Lessor, in addition to any indebtedness due hereunder, the costs and expenses of such re-letting and of such alteration and repairs incurred by Lessor; and (2) At the option of Lessor rents received by Lessor from such re-letting shall be applied: First, to the payment of any costs and expenses of such re-letting and of such alteration and repair; and Second, to the payment of rent due and unpaid under this lease; and the residue, if any, shall be held by Lessor and applied in payment of future rent as the same may become due and payable hereunder. SEVENTY-THREE: Upon the expiration of the term of this lease, or upon the prior termination of this lease from any cause, all rights and interests of the Lessee, and all persons whosoever claiming by, through or under the Lessee, whether by grants, assignment, deed to secure debt, mortgage, deed of trust, sublease, foreclosure proceedings or other conveyance or encumbrance to the premises, including all engines, machinery, dynamos, generators, boilers, furnaces, elevators, fire escapes, and all lifting, lighting, heating, cooling, refrigerating, airconditioning, ventilating, gas, electric and plumbing apparatus,

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appliances and fixtures, as well as other fixtures attached to or in the premises, all buildings, other structures, alteration and improvements, shall eo instanti, wholly cease and determine; and the premises, including all engines, machinery, dynamos, generators, boilers, furnaces, elevators, fire escapes, and all lifting, lighting, heating, cooling, refrigerating, airconditioning, ventilating, gas, electric and plumbing apparatus, appliances and fixtures, as well as other fixtures attached to or in the premises, all buildings, other structures, alteration and improvements, shall thence forward constitute and belong to and be the absolute property of the Lessor, the Lessor's successors and assigns, without further act or conveyance, and without liability to make compensation to the Lessee or to anyone whatever, and free and discharged from all and every lien, encumbrance, claim and charge of any character created or attempted to be created by the Lessee at any time. ARTICLE XI Assignment SEVENTY-FOUR: Lessee shall have the right to assign or transfer this lease, or any interest therein, or any right or privilege appurtenant thereto, provided the written consent of Lessor is first had and obtained. Any such assignment or transfer without such consent shall be void, and shall, at the option of Lessor, terminate this lease. Provided, however, that any such assignment shall not release the Lessee from, or affect any of its obligations, duties and limitations under the terms of this lease. Any assignee or transferee of Lessee's leasehold estate, immediate or remote, shall have like power of assignment and transfer on the same conditions and subject to the same restrictions as those imposed herein on Lessee.

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ARTICLE XII Appointment Of A ReceiverGeneral Assignment For The Benefit Of Creditors InsolvencyBankruptcy SEVENTY-FIVE: In addition to the happening of any event hereinabove set out which gives the Lessor the right to declare a default of this lease, the Lessor may, at its option, declare a default of this lease and elect one of the options provided in paragraph seventy-two (72) of Article X upon the happening of any or all of the following events: (a) Appointment of a receiver to take possession of all or substantially all of the assets of Lessee; or (B) A general assignment by Lessee for the benefit of creditors; or (C) Any action taken or suffered by Lessee under any insolvency or bankruptcy act. ARTICLE XIII Limited Liability SEVENTY-SIX: Except as provided in paragraphs forty-nine (49), fifty (50) and sixty-three (63) of this lease, after substantial completion of any alteration, repair, restoration, or replacement of any buildings, other structures, alteration or improvements, all claims, demands, or causes of action, whether reduced to judgment or not, which Lessor may then or at any time thereafter have against Lessee because of Lessee's failure to comply with any provision, covenant, term or condition of this lease, shall be enforceable solely against the deposited security, the property of Lessee on the leased premises, and other rights and interests of Lessee under this lease, and no other property of Lessee shall be subject to any such claim, demand or cause of action, nor shall Lessor have the right to force Lessee by injunction to perform any of the provisions, covenants, terms or conditions of this lease. Except as hereinabove stated, Lessor shall continue to have all other rights, title and interests reserved to Lessor by the provisions, covenants, terms and conditions of this lease.

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ARTICLE XIV Miscellaneous SEVENTY-SEVEN: The Lessor or its agents may, but shall be under no duty to, enter the premises at reasonable times and hours to inspect the premises in order to determine whether or not Lessee is complying with its undertakings, duties and obligations under this lease. SEVENTY-EIGHT: Lessee takes the leased premises subject to all zoning regulations and ordinances now or hereafter in force including but not limited to those as to building line and set-back. Lessor at its own expense, or Lessee at its own expense may in good faith contest and litigate as to the validity of any ordinance, rule, regulation, resolution or statute of any governmental body affecting the premises or Lessee's use or occupancy thereof if said ordinance, rule, regulation, resolution or statute is considered by Lessor or Lessee to be invalid. SEVENTY-NINE: Until contrary instructions are given to Lessee in writing, all notices required to be given to Lessor hereunder shall be effectively given to Lessor if mailed by United States registered mail, return receipt requested, to the Secretary, State Properties Control Commission, Care of Secretary of State of Georgia, Room 214, State Capitol, Atlanta, Georgia 30334. All notices required to be given to Lessee hereunder shall, until contrary instructions are given to Lessor in writing, be effectively given if mailed by United States registered mail, return receipt requested, to 2211 Gas Light Tower, 235 Peachtree Street, Atlanta, Ga., 30303 EIGHTY: Lessee shall not use or remain in possession of the within leased premises after the expiration of this lease. Any holding over, or continued use and/or occupancy by the Lessee, after the expiration of this lease, without written consent of the Lessor, shall not constitute a Tenant-at-Will interest in behalf of the Lessee; but Lessee shall become a Tenant-at-Sufferance at the annual rate of rent for the last year of the lease

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term set out above. There shall be no renewal whatsoever of this lease by operation of law. EIGHTY-ONE: No failure of Lessor to exercise any power given Lessor hereunder or to insist upon strict compliance by Lessee with its undertakings, duties and obligations hereunder, and no custom or practice of the parties at variance with the terms hereof shall constitute a waiver of Lessor's right to demand exact compliance with the provisions, covenants, terms and conditions of this lease. EIGHTY-TWO: All rights, powers and privileges conferred herein upon both parties shall be cumulative. EIGHTY-THREE: It is mutually covenanted, understood and agreed by and between the parties hereto, that each of the stipulations, expressions, phrases, provisions, covenants, terms, and conditions of this lease shall apply, extend to, be binding upon and inure to the benefit or detriment not only of the parties hereto, but to the legal representatives, successors and assigns of the Lessor and Lessee hereto, and shall be deemed and treated as covenants real running with the premises during the term of this lease. Whenever a reference to the parties hereto is made, such reference shall be deemed to include the legal representatives, successors and assigns of said party, the same as if in each case expressed. EIGHTY-FOUR: It is mutually covenanted, understood, and agreed by and between the parties hereto, that this lease contract shall be governed, construed, performed and enforced in accordance with the laws of the State of Georgia. EIGHTY-FIVE: The words terminate or termination as used herein shall refer to the end of this lease whether due to the expiration of the term hereof or the earlier end of this lease by virtue of a default in the performance of one of the provisions, covenants, terms or conditions of this lease.

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EIGHTY-SIX: Whenever the singular or plural number, or masculine, feminine, or neuter gender is used in this lease, it shall equally apply to, extend to, and include the other. EIGHTY-SEVEN: It is further understood, agreed and declared, that where the words lease, lessor, lessee, rent, rental and words of similar nature are used in this lease, they are used for purposes of identification and convenience of expression. EIGHTY-EIGHT: In the performance, discharge and fulfillment of the provisions, covenants, terms, conditions, undertakings, duties and obligations of this lease, the State Properties Control Commission shall act for and on behalf of the Lessor. However, the Lessor 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 provisions, covenants, terms, conditions, undertakings, duties and obligations. EIGHTY-NINE: All time limits stated in this lease are of the essence. NINETY: This lease constitutes the full, complete, and entire agreement between and among the parties hereto; no agent, officer or representative of the parties hereto has authority to make, or has made, any statement, agreement, representation or contemporaneous agreement, oral or written, in connection herewith modifying, adding to, or changing the provisions, covenants, terms and conditions hereof. No modification or amendment of this lease shall be binding unless such modification or amendment shall be in writing, signed by both parties hereto, attached to this lease, incorporated in and by reference made a part of this lease. IN WITNESS WHEREOF, the said Lester G. Maddox, 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

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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, JAMESTOWN SHOPPING CENTER, INC., a Georgia corporation, has signed and executed this contract and has affixed its seal if any, thereto, also in duplicate, on the day and year above written. STATE OF GEORGIA

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JAMESTOWN SHOPPING CENTER, INC., a Georgia corporation By: John C. Portman, Jr., President Attest: James M. Caswell, Jr., Secretary (CORPORATE SEAL) Attest: Signed, sealed and delivered in the presence of: L. Travis Brannon, Jr. Unofficial witness /s/ Gladys J. Knuckles, Notary Public, Georgia, State at Large. My Commission expires Oct. 31. 1970. (Seal). CERTIFICATE OF CORPORATE RESOLUTION I, James M. Caswell, Jr., duly elected and acting Secretary of Jamestown Shopping Center, Inc., a Georgia corporation, certify as follows: 1. At a special meeting of the Board of Directors of Jamestown Shopping Center, Inc., duly convened and conducted, in accordance with the by-laws of the corporation, on January 20, 1969, in Atlanta, Georgia, and attended by all of the directors, the following action was taken: Upon motion duly made and seconded, it was unanimously resolved that this corporation submit a bid to the State Properties Control Commission upon such terms and conditions as the President of this corporation shall determine, in his discretion, and in accordance with the Invitation for Bids, Instruction to Bidders and Forms of Bid and Lease published by the State Properties

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Control Commission; and further resolved, should this corporation be the successful bidder, the President of this corporation be, and is hereby authorized and directed to execute and deliver the Lease Agreement with the State of Georgia and the Secretary be, and is hereby authorized and directed to attest the signature of the President and to affix the Corporate Seal thereto; and further resolved that the Secretary be, and is hereby authorized and directed to execute, do and perform anything that he determines to be necessary, in his discretion, to consummate the Lease Agreement with the State of Georgia on the basis of the bid submitted by this corporation. 2. Such action taken by the Board of Directors on January 20, 1969 has not been modified, amended or rescinded. 3. The duly elected and acting President of this corporation is John C. Portman, Jr. IN WITNESS WHEREOF, the Secretary has hereunto set his hand and affixed the Corporate Seal of Jamestown Shopping Center, Inc. James M. Caswell, Jr.

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STATE PROPERTIES CONTROL COMMISSION ROOM 214, STATE CAPITOL ATLANTA, GEORGIA 30334 INVITATION FOR BIDS, INSTRUCTIONS TO BIDDERS, AND COMPLETE FORMS OF BOTH THE BID AND LEASE, CONCERNING THE PROPOSED LEASING OF THE PROPERTY OWNED BY THE STATE OF GEORGIA FACING PEACHTREE, CAIN, AND SPRING STREETS IN THE CITY OF ATLANTA, FULTON COUNTY, GEORGIA, AND WHICH IS NOW COMMONLY REFERRED TO AND KNOWN AS THE HENRY GRADY HOTEL PROPERTY OR OLD GOVERNOR'S MANSION SITE PROPERTY. INVITATION FOR BIDS Sealed bids will be received by the State Properties Control Commission in the office of its Secretary, Ben W. Fortson, Jr., Secretary of State, Room 214, State Capitol, Atlanta, Georgia 30334, until 1:55 P. M., E. S. T., January 20, 1969, to be opened by the Governor as Chairman of the State Properties Control Commission at 2:00 P. M., E. S. T., January 20, 1969, in Room 341, State Capitol, Atlanta, Georgia, for the leasing of the property owned by the State of Georgia facing Peachtree, Cain, and Spring Streets in the City of Atlanta, Fulton County, Georgia, and which is now commonly referred to and known as the Henry Grady Hotel Property or Old Governor's Mansion Site Property. The said property is more particularly described in the form of Lease attached to, incorporated in, and by reference made a part of the Instructions To Bidders, which said Instructions set forth the terms of this Invitation. Copies of such Instructions, including the complete form of both the Bid and Lease, may be obtained on request from the Secretary of the State Properties Control Commission, Ben W. Fortson, Jr., Secretary of State, Room 214, State Capitol, Atlanta, Georgia 30334. Bids are invited from responsible parties for the leasing of the said Henry Grady Hotel Property or Old Governor's Mansion Site Property in accordance with

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all the provisions, covenants, terms and conditions contained in the form of Lease and subject to all applicable provisions of law, particularly an Act of the General Assembly of the State of Georgia, approved February 21, 1964 (Ga. Laws 1964, pp. 146-158), as amended. The State Properties Control Commission reserves the right to reject any or all bids and to waive informalities in bidding. This the 10 day of December, 1968. STATE PROPERTIES CONTROL COMMISSION BY: BEN W. FORTSON, JR., Secretary of the State Properties Control Commission and Secretary of State of the State of Georgia INSTRUCTIONS TO BIDDERS These Instructions To Bidders set forth the terms of the foregoing Invitation For Bids for the leasing of the said Henry Grady Hotel Property Or Old Governor's Mansion Site Property more particularly identified hereafter. The attached form of Lease is incorporated in, and by reference made a part of these Instructions. The Property The property which is advertised for bidding is the property owned by the State of Georgia facing Peachtree, Cain, and Spring Streets in the City of Atlanta, Fulton County, Georgia, and which is now commonly referred to and known as the Henry Grady Hotel Property or Old Governor's Mansion Site Property. The said property is more particularly described in paragraph one (1) of Article I of the form of Lease attached to, incorporated in, and by reference made a part of these Instructions. Form Of Lease No additions, deletions, changes, substitutions or explanations shall be made by any of the bidding parties

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to or in the whole or any part of the attached hereto form Lease, and if made, the same shall not be considered or accepted by the State Properties Control Commission. Preparation of Bids Each bid must give the full business address of the bidder and must be made only on the attached Bid form and Exhibit A which said Exhibit is attached to, incorporated in and by reference made a part of the attached Bid form. In order for a bidding party to submit a responsive bid to the Invitation For Bids, the bidding party is hereby instructed to execute both the Bid form at the appropriate provided space and to fill in the blanks provided in lines 9 and 17, Page 1 of Exhibit `A, and lines 2 and 3, Page 2 of Exhibit A, which said Exhibit is attached to, incorporated in and by reference made a part of the Bid form. No additions, deletions, changes, substitutions or explanations shall be made by any bidding party to or in the whole or any part of either the attached Bid form or the attached Exhibit A, and if made, the same shall not be considered or accepted by the State Properties Control Commission as responsive to the Invitation For Bids. (a) A bid by an individual shall be signed by the bidder with his usual signature. (b) A bid by a partnership must furnish the full names of all partners and must be signed with the partnership name by one of the members of the partnership or by an authorized representative, followed by the signature and designation of the person signing. (c) A bid by a corporation must be signed with the legal name of the corporation, followed by the name of the state of incorporation and by the signature and designation of the president or other person duly authorized to execute and bind the corporation in its bid. The same to be attested by the Secretary or other person

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duly authorized to attest to contracts of the corporation. The corporate seal of the corporation must also be affixed to the attached Bid form. The name of each person signing shall also be typed or printed below the signature. A bid by a person who affixes to his signature the word president, secretary, agent,' or other designation shall constitute the covenant of such person that he is authorized to sign and submit such bid on behalf of his principal. When requested by the Chairman or Secretary of the State Properties Control Commission, other satisfactory evidence of the authority of any agent signing in behalf of his principal shall be furnished. A bid by a person who affixes to his signature the word president, secretary, agent, or other designation, without disclosing his principal, may be held to be the bid of the individual signing. The envelope containing the complete bid (Bid form and Exhibit A) must be securely sealed and marked on the upper left-hand corner with the name and address of the bidder, a designation of the property bid upon (to wit: Henry Grady Hotel Property Or Old Governor's Mansion Site Property), and the date and hour of the bid opening, and addressed as follows: Ben W. Fortson, Jr., Secretary State Properties Control Commission Room 214, State Capitol Atlanta, Georgia 30334 Bid Security Each bid must be accompanied by a certified or cashier's check drawn on a bank within the State of Georgia, and made payable to the order of the Chairman of the State Properties Control Commission, in the amount of ten (10) per cent of the base annual rental bid. Such checks shall be returned to all unsuccessful bidders within twenty (20) days after the Lease has been executed by the bidder awarded the Lease, or after all bids have been rejected. However, the check of the successful bidder

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shall be retained by the State Properties Control Commission until the successful bidder has deposited all of the security required by paragraph twelve (12) of Article IV and paragraph thirty-eight (38) of Article VI of the attached hereto form of lease. Liquidated Damages If a successful bidder fails or refuses to enter into the Lease, pursuant to the requirements of the Instructions, within the specified time, or if such bidder, after executing the Lease and before the term of said Lease commences, declares or demonstrates his intention not to be bound by the Lease, then the check deposited as aforesaid and the money standing to the credit of the same shall be forfeited to the State of Georgia as fixed liquidated damages and not as a penalty, and the Chairman of the State Properties Control Commission shall collect the same for the benefit of the State of Georgia. Opening Of Bids Bids for the leasing of the above-described property will be received by the State Properties Control Commission in the office of its Secretary, Ben W. Fortson, Jr., Secretary of State, Room 214, State Capitol, Atlanta, Georgia 30334 until 1:55 P. M., E. S. T., January 20, 1969, to be opened by the Governor as Chairman of the State Properties Control Commission at 2:00 P. M., E. S. T., January 20, 1969, in Room 341, State Capitol, Atlanta, Georgia. All such bids will be publicly opened and read aloud for the information of bidders and others properly interested who may be present either in person or by representative. Award Of Lease The State Properties Control Commission shall formally determine the highest responsible bidder whose bid and check shall have been made and filed in conformity with the Invitation For Bids and these Instructions, and the Lease shall be awarded to the highest

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responsible formal bidder therefor, unless in the judgment of the Commission it shall be in the best interest of the State of Georgia to reject any or all bids, or to waive informalities in bidding. In either event, the Commission shall proceed accordingly. The high bid shall be ascertained as follows: The total return in dollars to the State for the first (1st twenty-five (25) years of the lease term to be computed in accordance with paragraph five (5) of Article IV of the Lease which is attached to, incorporated in and by refence made a part hereof. The highest such total shall be the high bidder. A bidder to whom an award is made must enter into the Lease in the form attached hereto within ten (10) days from the date of receiving written notices of the acceptance of his bid. The Lease shall be executed by the Lessee with the same requisites, formality, attestation and acknowledgement as is prescribed and required by the laws of the State of Georgia for the execution and recording of deeds conveying an interest in real property. The signing of the Lease shall constitute a bid by the prospective Lessee subject to approval by Resolution by the General Assembly as provided by an Act approved February 21, 1964 (Ga. Laws 1964, pp. 146-158), as amended. Such bid shall thereafter not be subject to revocation unless rejected by the General Assembly. Withdrawal of Bid A bid may be withdrawn on the written or telegraphic request received by Ben W. Forson, Jr., Secretary, State Commission, Room 214, State Capitol, Atlanta, Georgia 30334, from the bidder prior to the time fixed for the opening of bids by the Governor as Chairman of the State Properties Control Commission. Negligence on the part of a bidder in preparing his bid confers no right for the withdrawal of the bid after it has been publicly considered. This, the 10 day of December, 1968.

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STATE PROPERTIES CONTROL COMMISSION BY: BEN W. FORTSON, JR., Secretary of the State Properties Control Commission and Secretary of State of the State of Georgia TO: The Governor as Chairman, State Properties Control Commission State Capitol Atlanta, Georgia 30334 BID The undersigned, as bidder, hereby declares that each party interested in this Bid as a principal is named herein and that no other party has any interest in this Bid or in the Lease to be entered into; that this Bid is made without connection with any other party making a Bid; and that this Bid is in all respects fair and in good faith without collusion or fraud. The undersigned further declares that he has carefully examined and fully understands the attached Invitation For Bids, Instructions To Bidders, The Form Of Lease, Exhibit A, and the Act of the General Assembly of the State of Georgia, approved February 21, 1964 (Ga. Laws 1964, pp. 146-158), as amended. The undersigned acknowledges that the Lease is subject to the approval of the General Assembly. The attached Invitation For Bids, Instructions To Bidders and The Form Of Lease are hereby incorporated in and by reference made a part of this Bid. Also attached hereto marked Exhibit A and incorporated in and by reference made a part of this Bid is the verbatim language of paragraph five (5) of Article IV and paragraph thirty-two (32) of Article VI of the attached Lease form. As heretofore stated in the Preparation Of Bids on page 4, each Bid must give the full business address of the bidder and must be made only on this Bid form and Exhibit A which is attached to, incorporated in and by reference made a part of this Bid form.

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As further stated in the Preparation Of Bids on page 4, a bidding party in order to submit a responsive Bid to the Invitation For Bids is instructed to execute both this Bid form at the appropriate provided space and to fill in the blanks provided in lines 9 and 17, Page 1 of Exhibit A, and lines 2 and 3, Page 2 of Exhibit A, which said Exhibit is attached to, incorporated in and by reference made a part of this Bid form. As still further stated in the Preparation Of Bids, no additions, deletions, changes, substitutions or explanations shall be made by any bidder to or in the whole or any part of either this Bid form or the attached Exhibit A, and if made, the same shall not be considered or accepted by the State Properties Control Commission as responsive to the Invitation For Bids. The undersigned offers and agrees to contract with the State of Georgia acting through the State Properties Control Commission by entering into a lease identical to the attached form of Lease within ten 10) days from the date of receiving written notice of the Commission's acceptance of this Bid as above provided and to fully and faithfully comply with all of the duties and obligations of the Lessee contained in such Lease. Attached hereto is a certified or cashier's check drawn on a bank within the State of Georgia, and made payable to the order of the Chairman of the State Properties Control Commission, in the amount of ten (10) per cent of the base annual rental bid. The undersigned agrees that in case of failure on his part to execute such Lease within ten (10) days from the date of receiving written notice of the acceptance of this Bid as above provided, or if after executing the Lease and before the term of said Lease commences, the undersigned declares or demonstrates his intention not to be bound by the Lease, then such check, and the money payable thereby, shall be paid into the Treasury of the State of Georgia as fixed liquidated damages for such failure and not as a penalty.

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The full name and business address of each party interested in this Bid, as principal, is as follows: JAMESTOWN SHOPPING CENTER, INC., A GEORGIA CORPORATION GAS LIGHT TOWER SUITE 2211 235 PEACHTREE STREET, N. E. ATLANTA, GEORGIA Signed and sealed this, the 20th day of January, 1969. JAMESTOWN SHOPPING CENTER, INC.GEORGIA Bidder JOHN C. PORTMAN, JR., PRESIDENT JAMES M. CASWELL, JR., SECRETARY EXHIBIT A THIRTY-TWO: Lessee covenants and agrees to substantially complete the alteration to the premises, on or before June 1, 1996. (The aforementioned date shall be no later than June 1, 1996.) For the purpose of demonstrating to the Lessor that said alteration will be in the amount specified in paragraph twenty-eight (28) of this Article VI, Lessee, prior to commencing such alteration, shall deliver to Lessor preliminary architect's drawings, specifications and cost estimates of the said alteration. Lessee shall construct and complete the alteration in substantial compliance with the drawings, specifications and amendments thereof submitted to the Lessor. Substantially complete as used in this paragraph and throughout this lease shall be construed to mean such condition as is sufficient, suitable and ready for occupancy and for the use intended. If the said alteration is not substantially completed by the date heretofore stated in this paragraph, Lessee hereby agrees to pay to Lessor, as fixed liquidated damages and not as a penalty, the sum of One Hundred Dollars ($100.00) per day until the said alteration is substantially completed. However, the said alteration must be substantially completed within six

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(6) months following the said date heretofore stated in this paragraph. ARTICLE IV RentsRental Bond FIVE: Lessee accepts this lease and covenants and agrees that as rent for the said premises herein leased it will pay, into the treasury of the State of Georgia on June first (1st) of each and every year during the full term of this lease, a base annual rental of Two Hundred Thousand ($200,000.00) dollars. Said base annual rental shall be the full rental for the first (1st) year of this lease and shall be due and payable on June 1, 1972. On June first (1st), of each succeeding year of this lease for the remainder of the first (1st) twenty-five (25) years of the lease term, 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 One (1%) per cent times the number of years the lease has run through the end of the preceding lease year. Subject, however, to the provision that the base annual rental shall in no instance be reduced to an amount lower than that specified above in this paragraph, said base annual rental shall be subject to adjustment during the term of this lease in the manner set forth in the succeeding paragraphs of this Article IV. Approved April 17, 1969.

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BLUE RIDGE JUDICIAL CIRCUITCOURT REPORTERSOFFICE EXPENSES. No. 309 (House Bill No. 274). An Act to amend an Act providing for one additional judge of the superior court of the Blue Ridge Judicial Circuit, approved March 24, 1967 (Ga. L. 1967, p. 130) so as to authorize the judge of said circuit to employ an official court reporter; to provide an annual salary for said official court reporter payable from the funds of the counties comprising said circuit; to provide that the counties comprising said circuit shall reimburse the judges of said circuit for office supplies and other incidental expenses incurred in carrying out their official duties; to provide for all procedures, requirements and other matters in connection 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 providing for one additional judge of the superior court of the Blue Ridge Judicial Circuit, approved March 24, 1967 (Ga. L. 1967, p. 130) is hereby amended by striking section 9 in its entirety and substituting in lieu thereof, a new section 9 to read as follows: Section 9. (a) The judges of said circuit are hereby authorized to employ an official court reporter for the Blue Ridge Judicial Circuit. In addition to the contingent expense allowance payable from State funds as provided by law, said official court reporter shall receive an annual salary of seven thousand, five hundred dollars ($7,500.00) payable in monthly installments from the funds of the counties comprising the Blue Ridge Judicial Circuit. The amount each county of said circuit shall pay shall be prorated among said counties on the basis of the population of each county in proportion to the total population of all counties comprising said circuit. Court reporter. (b) The judges of said circuit are hereby authorized to employ one court reporter, in addition to the official court

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reporter of the Blue Ridge Judicial Circuit, and is so employed, said additional court reporter shall receive the compensation and allowances provided by law for court reporters. Section 2. Said Act is further amended by adding two new sections between sections 10 and 11 to be designated as section 10A and section 10B and to read as follows: Section 10A. (a) The governing authority of each of the counties comprising the Blue Ridge Judicial Circuit is hereby authorized and directed to pay for office supplies and other incidental expenses, not including the employment of any personnel, which are incurred by the judges of said circuit in carrying out their official duties. Office expenses. (b) The expenses incurred in providing said office supplies and in other incidental expenses shall be certified by said judges to the governing authority of each county comprising said circuit on January 1st, April 1st, July 1st, and October 1st of each year. Said certification shall show the total expenses incurred in providing said office supplies and in other incidental office expenses for the immediately preceding calendar quarter, or part thereof in the case of the first certification which is submitted pursuant to the provisions of this Section. Said certification shall further show the portion of the total expenses each county shall pay which shall be prorated among said counties by said judges on the basis of the population of each county in proportion to the total population of all counties comprising said circuit. Within 15 days after receiving each such certification, it shall be the duty of the governing authority of each county comprising said circuit to pay to said judges that portion of said expenses certified by said judges for their respective counties. Section 10B. When population is used in this Act in connection with computing payments to be made by the counties comprising the Blue Ridge Judicial Circuit, it shall be the population as set forth in the United States Decennial Census of 1960 or any future such census.

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Section 3. This Act shall become effective upon its approval by the Governor or upon its otherwise becoming law without his approval. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 17, 1969. ATTORNEY GENERAL TO REPRESENT STATE AUTHORITIES. No. 312 (House Bill No. 385). An Act to provide that the Attorney General shall be vested with authority and jurisdiction in matters of law relating to State Authorities; to define the term State Authorities to provide for reimbursement of the Department of Law by State Authorities requesting legal services, including services requested in connection with the validation of any bonds issued or to be issued by such Authorities; 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 term State Authorities is defined to mean the following instrumentalities of the State: Georgia Building Authority, Georgia Building Authority (Hospital), Georgia Building Authority (Markets), Georgia Building Authority (Penal), Georgia Education Authority (Schools), Georgia Education Authority (University), Georgia Highway Authority, Georgia Ports Authority, State Toll Bridge Authority, Jekyll Island-State Park Authority, and Stone Mountain Memorial Association. Definitions. Section 2. The Attorney General is vested with complete and exclusive authority and jurisdiction in all matters of law relating to State Authorities, and no such State Authority shall be authorized, without the approval of the Attorney General, to employ other counsel in any matter whatsoever. The Attorney General is authorized to designate and assign any Assistant Attorney General, Deputy Assistant Attorney

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General, Special Deputy Assistant Attorney General, or Attorney, to perform legal services for any such State Authority. Attorney General. Section 3. When the Attorney General shall assign any Assistant Attorney General, Deputy Assistant Attorney General, Special Deputy Assistant Attorney General, or Attorney, to perform specific legal services requested by any State Authority, or legal service requested in connection with the validation of any bonds issued or to be issued by any State Authority, the State Authority requesting such services shall reimburse the Department of Law for such services as hereinafter provided. Reimbursement for services. Section 4. From time to time the Attorney General shall submit to the State Authority requesting legal services a statement of the expenses of such legal services incurred by the Department of Law, such statements to include the names of the Assistant Attorneys General, Deputy Assistant Attorneys General, Special Deputy Assistant Attorneys General, or Attorneys performing such services, the items of legal services performed, and the costs thereof. The State Authority is authorized to reimburse the Department of Law for such services and expenses. Provided, however, that the amount of such services and expenses shall have the advance approval of the Director of the State Authority requesting such services. Same. Section 5. This Act shall become effective on July 1, 1969. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 17, 1969.

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REVENUEMOTOR FUEL TAX LAW AMENDED. Code 92-1403 Amended. No. 313 (House Bill No. 398). An Act to amend Code section 92-1403 of the Georgia Code of 1933 relating to the taxation of motor fuel, as amended by an Act known as the Motor Fuel Tax Law, approved March 18, 1937 (Ga. L. 1937, p. 167), as particularly amended by an Act approved March 26, 1958 (Ga. L. 1958, p. 614) so as to change the time period within which applications for refunds of the tax paid on gasoline used for agricultural purposes must be filed; to provide for severability; to provide for the effective date; and to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That section 92-1403 (I) (3) (a) of said Act as particularly amended by an Act approved March 26, 1958 (Ga. L. 1958, p. 614) relating to applications for refunds be amended by striking same in its entirety and substituting in lieu thereof the following section 92-1403 (I) (3) (a): (a) All applications for refunds must be filed with the State Revenue Commissioner within 18 months from the date of purchase of the gasoline with respect to which refund is claimed. Applications for refunds. Section 2. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional such adjudication shall in no manner affect the other sections, subsections, sentences, clauses or phrases of this Act which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional was not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or

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parts hereof would be declared or adjudged invalid or unconstitutional. Severability. Section 3. This Act shall become effective June 1, 1969. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 17, 1969. GEORGIA CIVIL PRACTICE ACT AMENDEDSERVICE OF SUMMONS ON MARRIED MINORS. No. 323 (Senate Bill No. 8). An Act to amend an Act known as the Georgia Civil Practice Act, approved March 18, 1966 (Ga. L. 1966, p. 609), as amended, so as to provide that service of summons and complaint shall not be made on the father or mother or guardian of a minor if such minor is married; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Georgia Civil Practice Act, approved March 18, 1966 (Ga. L. 1966, p. 609), as amended, is hereby amended by inserting between the words ad litem and the period (.) immediately following those words, which are located in subparagraph (3) of subsection (d) of section 4, the following: (unless such minor is married, in which case service shall not be made on the minor's father or his mother or his guardian)., so that whhen so amended, subparagraph (3) of subsection (d) of Section 4 shall read as follows: (3) If against a minor, to such minor, personally, and also to his father or his mother or his guardian or his duly

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appointed guardian ad litem (unless such minor is married, in which case service shall not be made on the minor's father or his mother or his guardian). Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1969. SILENT PRAYER OR MEDITATION IN PUBLIC SCHOOL CLASSROOMS. No. 324 (Senate Bill No. 21). An Act to authorize public school teachers to conduct a brief period of silent prayer or meditation with the participation of all pupils at the opening of school upon every school day; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. (a) In each public school classroom, the teacher in charge may, or if so authorized or directed by the board of education by which he is employed, shall, at the opening of school upon every school day, conduct a brief period of silent prayer or meditation with the participation of all the pupils therein assembled. (b) The silent prayer or meditation authorized by subsection (a) of this section is not intended to be, and shall not be conducted as, a religious service or exercise, but shall be considered as an opportunity for silent prayer or meditation on a religious theme by those who are so disposed, or a moment of silent reflection on the anticipated activities of the day. (c) No teacher, principal, schoolboard or any other person may require or prescribe any particular method or manner in which a child shall participate in any period of such

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silent prayer or meditation, but each child shall be absolutely free to participate therein, or not, in such manner or way as such child shall personally desire consistent with his or her beliefs. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1969. GEORGIA INSURANCE CODE AMENDEDLICENSES TO NONRESIDENTS. Code 56-808a Amended No. 325 (Senate Bill No. 52). An Act to amend section 56-808a of the Georgia Insurance Code, so as to change the word state to the word jurisdiction in certain instances; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Section 56-808a of the Georgia Insurance Code is hereby amended by striking said code section in its entirety and by substituting in lieu thereof a new Code section which shall read as follows: 56-808a. Licenses to nonresidents; reciprocal agreements; requirements .(1) A person not resident in this State may be licensed as an agent upon compliance with the provisions of this Chapter: Provided, that the jurisdiction in which such person resides accords the same privileges to a citizen of this State. (2) The Commissioner is further authorized to enter into reciprocal agreement with the appropriate official of any other jurisdiction waiving the written examination of any applicant resident in such other jurisdiction; provided:

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(a) That a written examination is required of applicants for an agent's license in such other jurisdiction; (b) That the appropriate official of such other jurisdiction certifies that the applicant holds a currently valid license as an agent in such other jurisdiction and either passed such written examination or was the holder of an agent's license prior to the time such written examination was required; (c) That the applicant has no place of business within this State nor is an officer, director, stockholder, or partner in any corporation or partnership doing business in this jurisdiction as an insurance agency; and (d) That in such other jurisdiction, a resident of this State is privileged to procure an agent's license upon the foregoing conditions and without discrimination as to fees or otherwise in favor of the residents of such other jurisdiction. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1969. GEORGIA INSURANCE CODE AMENDEDBORROWED SURPLUS. Code 56-1520 Amended. No. 327 (Senate Bill No. 245). An Act to amend the Georgia Insurance Code (Ga. L. 1960, p. 289, et seq.), and particularly section 56-1520 of that Code, (Ga. L. 1960, pp. 289, 549), having to do with borrowed surplus of domestic stock or mutual insurance companies, by amending subparagraphs 1 and 2 of section 56-1520 as to provide that surplus funds borrowed by such companies as therein authorized shall not constitute

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liabilities of the companies except as provided herein or as herein authorized; and by amending subsection 4 of section 56-1520 by providing for the repayment of such loans pursuant to regulations of the Commissioner; and for other purposes. Be it enacted by the General Assembly of the State of Georgia and is hereby enacted by authority of the same. Section 1. Subsections 1 and 2 of section 56-1520 of the Insurance Code of Georgia (Ga. L. 1960, pp. 289, 549), are hereby stricken in their entirety and the following inserted in lieu thereof; 56-1520 Borrowed Surplus. (1) A domestic stock or mutual insurer may borrow money to defray the expenses of its organization, provide it with surplus funds, or for any purpose required by its business, upon a written agreement that such money is required to be repaid only out of the insured's surplus in excess of that stipulated in such agreement. The agreement may provide for interest not exceeding a reasonable rate per annum which interest shall or shall not constitute a liability as provided in said agreement. (2) Money heretofore or hereafter so borrowed, together with interest thereon if so stipulated in the agreement, shall not be considered on the financial statements of the insurer as a legal liability or be the basis of any set-off; but until repaid, financial statements filed or published by the insurer shall show as a footnote thereto the amount thereof then unpaid together with any interest thereon accrued but unpaid. No such borrowed surplus shall be returned to the lender, except out of earned surplus in excess of that surplus required by this title to transact the kind of insurance for which the company is authorized; provided, however, that on liquidation of such company said borrowed surplus will be paid off out of any assets remaining after the payment of all other liabilities of the companies. Section 2. Subparagraph 4 of section 56-1520 is hereby amended by striking the last sentence thereof and inserting in lieu thereof the following:

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no repayment of such a loan shall be made by a mutual insurer unless pursuant to regulations made by the Commissioner. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Section 4. This Act shall become effective immediately upon its approval by the Governor or by operation of law. Approved April 18, 1969. ACQUISITION OF HIGHWAY RIGHTS-OF-WAY IN ADVANCE OF NEED. No. 329 (House Bill No. 118). An Act to authorize the acquisition of property for rights-of-way, or construction or maintenance of roads by the State Highway Department in advance of need; to provide for reasonable guidelines for such authority; to provide for agreements respecting such authority; to provide for the lease exchange or sale of land acquired under this or any other authority; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. This may be cited as The Act to Authorize the Acquisition of Property for Management, Construction and Maintenance of Rights-of-Way by the State Highway Department in Advance of Present Need. Short title. Section 2. In view of the increasing need to plan, develop and coordinate long-range highway projects and in view of the rising costs of the acquisition of rights-of-way, the State Highway Department must be authorized to operate more efficiently and to receive the full benefits of federal aid in this area. Therefore, it is declared to be the intent of the General Assembly that the acquisition of rights-of-way in advance of present need be encouraged

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whenever such acquisition may be in the public interest, and that property so acquired, as well as property acquired for highway purposes under any other provision of law, be used most economically until the start of highway construction thereon. Purpose. Section 3. As used in this Act: (a) Future construction means construction commenced within a period of not less than two years nor more than seven years following the end of the fiscal year in which the Secretary of Transportation of the United States approves an advance of all the necessary funds to the State Highway Department for the acquisition of rights-of-way for said construction, under authority of the provisions of Section 108, Title 23, United States Code, as now or hereafter amended. Definitions. (b) Department or Highway Department shall mean the State Highway Department of Georgia. Section 4. The State Highway Department shall have the power to acquire any real property or interests therein or rights-of-way needed for future construction of highways on the federal-aid system within the State. Such property may be acquired by gift, devise, purchase, exchange, or condemnation. Acquisition. Section 5. Such acquisition for future construction of highways on the federal-aid systems may be undertaken only if the intended acquisition is part of a specific plan of highway development, and the acquisition will assist in accomplishing one or more of the following: Same, when authorized. (a) A substantial monetary savings; (b) The enhancement of the integration of highways with public or private urban redevelopment; or (c) The forestalling of the physical or functional obsolescence of highways.

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Section 6. The State Highway Department is hereby authorized to enter into agreements with counties and with the federal government respecting the financing, planning, acquisition, management, use, abandonment, or vacation of property acquired under section 4 of this Act, in order to implement the provisions of this or any present or future federal highway Act. Same financing. Section 7. Upon acquisition of property acquired by it for highway purposes under authority of this or any other Act, the State Highway Department may improve, use, maintain, or lease such property until the same is needed for construction. The owner of such property at the time of acquisition, or his successor in interest, shall have the first right to lease such property at a price determined by public bid and the Department shall have the right to impose reasonable restrictions, terms, or conditions on the use of such leased property. Property so leased to any but State agencies or departments, counties or municipalities shall be subject to general property taxation during the term of the lease. When, in the opinion of the Department, changed conditions have made continued ownership by the Department of property acquired for highway rights-of-way or maintenance or construction of roads no longer necessary for such purposes, the Department may sell such land at public sale; provided, that the original owner whose property had been so acquired by the exercise of eminent domain, of his successor in interest, shall have the first right to purchase such property at a price not in excess of that finally paid under the exercise of the power of eminent domain. When, in the opinion of the Department, it is desirable to exchange property acquired for such purposes for other property needed for highway purposes, the Department may make such exchange provided the other property is appraised at equal or greater value. Use of property. Section 8. All laws or parts of laws in conflict with the provisions of this Act are hereby repealed. Approved April 18, 1969.

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THE HIGHWAY RELOCATION ASSISTANCE ACT. No. 330 (House Bill No. 120). An Act to authorize financial and advisory assistance to aid the prompt and equitable relocation and reestablishment of persons, businesses, farmers, and nonprofit organizations displaced as a result of roads, streets, and highways constructed in Georgia with any federal-aid funds made available under Sections 106 or 117, Title 23, United States Code, in order that such persons or entities do not suffer disproportionate hardship; to repeal an Act approved March 18, 1966 (Ga. Laws 1966, p. 588), relating to payment of certain moving expenses for persons or organizations displaced as a result of federal-aid highway projects; to provide legal authority for the State Highway Department to comply with Sections 505, 506, 507 and 508, Title 23, United States Code; to authorize the State Highway Department to make or administer relocation payments, relocation assistance or otherwise carry out the functions required under this Act for conducting relocation assistance programs; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. This Act shall be known as The Highway Relocation Assistance Act. Short title. Section 2. The General Assembly hereby declares that the prompt and equitable relocation and reestablishment of persons, businesses, farmers, and nonprofit organizations displaced as a result of highways and streets constructed in the State with the aid of federal funds are necessary to insure that a few individuals do not suffer disproportionate injuries as a result of programs designed for the benefit of the public as a whole. The United States Congress, by recently enacting Chapter 5, Title 23, United States Code, has made funds available to alleviate such individual hardships, but has conditioned future federal aid for highway construction within the State to compliance with the aforesaid federal legislation. Legislative intent.

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Some of the pertinent and reasonable requirements of Chapter 5, Title 23, United States Code, are that the State make provision for the following to the persons and entities displaced by highway construction: (1) Relocation expenses, (2) expenses of obtaining replacement housing, and (3) legal expenses incident to the transfer of real property acquired for a federal aid highway project. The present law (an Act approved March 18, 1966 (Ga. L. 1966, p. 588), relating to moving expenses of persons, etc., displaced by federal-aid highway projects) does not authorize full compliance with Chapter 5, Title 23, United States Code, because it authorizes, and does not require, only maximum allowance for reasonable and necessary moving expenses as specified in Section 133, Title 23, United States Code. It is therefore the intent of the General Assembly to repeal the present law and to substitute therefor an Act that will allow the State Highway Department, as an activity incident to the construction and maintenance of federal-aid highways within the State, to comply with the minimum requirements of Chapter 5, Title 23, United States Code, and the lawful regulations and administrative requirements promulgated under authority thereof. Section 3. Any provisions of the law to the contrary notwithstanding, the State Highway Department of Georgia is hereby designated the State agency authorized to make or approve the payments required by Chapter 5, Title 23, United States Code for the relocation expenses, replacement housing expenses, and expenses incident to legal transfer of real property acquired from any person, family, business, farm operation, or nonprofit organization displaced by federal-aid highway projects in the State, the costs of which are now or hereafter financed in whole or in part from federal funds allocated to the State Highway Department of Georgia. State agency. Section 4. The payments authorized by section 3 of this Act are to be made for the purpose of compensating eligible persons for their reasonable and necessary expenses caused

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by their displacement from real property acquired for highway projects in the State, and said payments shall in no case exceed the limits as specified in Chapter 5, Title 23, United States Code. Purpose. Such payments shall not be made so as to result in providing gratuities or gifts to any recipient, although the State Highway Department shall have the authority to provide the minimum payments necessary to insure that a displaced person or family may move to housing that is not substandard. Section 5. The State Highway Department is hereby authorized to make such rules and regulations as may be necessary to provide for the administration of the financial assistance authorized by this Act. The determination by the Department of the amount of any payment and to whom it shall be paid may be appealed as provided by law. Rules. Section 6. Nothing contained in this Act shall be construed as creating in any condemnation proceeding brought under the power of eminent domain, any element of damages. Intent. Section 7. An Act approved March 18, 1966 (Ga. L. 1966, p. 588), relating to payment of moving expenses of persons or organizations displaced as a result of federal-aid highway projects, is hereby repealed. 1966 Act repealed. Section 8. All laws or parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1969. GRIFFIN JUDICIAL CIRCUITJUDGE'S SECRETARY. No. 333 (House Bill No. 380). An Act to authorize the judge of the Superior Courts of the Griffin Judicial Circuit to employ and fix the compensation

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of a secretary; to provide for the payment of the salary of the secretary by the counties comprising said judicial circuit; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Judge of the Superior Courts of the Griffin Judicial Circuit is hereby authorized to employ and fix the compensation of a secretary payable montly from the funds of the counties comprising said judicial circuit as hereinafter provided. Secretary. Section 2. The salary of said secretary shall be paid by the counties comprising said Griffin Judicial Circuit pro rata upon the basis of population, in proportion to and prorated according to the population of said counties as shown by the United States census of 1960 out of the general treasuries of the various counties composing said Circuit. Salary. Section 3. The expenditure authorized herein is hereby declared to be an expense of court and payable as such out of the county treasury of each county comprising the Griffin Judicial Circuit. Expense of Court. Section 4. Notice of the intention to apply for local legislation to provide for and accomplish the several matters set out in sections 1, 2, and 3 of this bill has been published in each of the newspaper in which the sheriff's advertisement for the locality affected are published once a week for three weeks during a period of sixty days immediately preceding its introduction in the General Assembly, as required by law, as is shown by a copy of said notice, accompanied by the affidavit of the author, same being attached hereto, marked Exhibits A, B, C and D, are hereby incorporated herein, and by reference, hereby expressly made a part of this bill. Section 5. 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 that there will be introduced at the January, 1969, Session of the General Assembly of Georgia, a bill to provide for a secretary for the judge of the Superior Courts of the Griffin Judicial Circuit, and to provide for the compensation of said secretary, and the proration of the payment thereof among the counties comprising the Griffin Judicial Circuit; to provide for all other matters relating thereto; and for other purposes. This 7th day of January, 1969. Quimby Melton, Jr. Representative, District 32, Post 1 Clayton Brown, Jr. Representative, District 32, Post 2 J. R. Smith Representative, District 39, Post 2 Johnnie L. Caldwell Representative, District 39, Post 1 Georgia, Fayette County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Quimby Melton, Jr. and Clayton Brown, Jr. who, on oath, depose and say that they are Representatives from the 32nd District, and that the attached copy of notice of intention to introduce local legislation was published in the Fayette County News which is the official organ of Fayette County, on the following dates: January 15, 1969, January 22, 1969, and January 29, 1969. /s/ Quimby Melton, Jr. Representative, 32nd District /s/ Clayton Brown, Jr. Representative, 32nd District

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Sworn to and subscribed before me, this 11th day of February, 1969. /s/ Cobb G. Dodson Notary Public. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1969, Session of the General Assembly of Georgia, a bill to provide for a secretary for the Judge of the Superior Courts of the Griffin Judicial Circuit, and to provide for the compensation of said secretary, and the proration of the payment thereof among the counties comprising the Griffin Judicial Circuit to provide for all other matters relating thereto; and for other purposes. This 7th day of January, 1969. Quimby Melton, Jr. Representative, District 32, Post 1. Clayton Brown, Jr. Representative, District 32, Post 2 Johnnie L. Caldwell Representative, District 39, Post 1 Georgia, Spalding County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Quimby Melton, Jr. and Clayton Brown, Jr. who, on oath, depose and say that they are Representatives from the 32nd District, and that the attached copy of notice of intention to introduce local legislation was published in the Griffin Daily News which is the official organ of Spalding County on the following

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dates: January 9, 1969, January 16, 1969, and January 23, 1969. /s/ Quimby Melton, Jr. Representative, 32nd District /s/ Clayton Brown, Jr. Representative, 32nd District Sworn to and subscribed before me, this 11th day of Feb., 1969. /s/ Cobb G. Dodson Notary Public. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1969, Session of the General Assembly of Georgia, a bill to provide for a secretary for the Judge of the Superior Courts of the Griffin Judicial Circuit, and to provide for the compensation of said secretary, and the proration of the payment thereof among the counties comprising the Griffin Judicial Circuit; to provide for all other matters relating thereto; and for other purposes. This 7th day of January, 1969. Quimby Melton, Jr., Representative, District 32, Post 1. Clayton Brown, Jr., Representative, District 32, Post 2. J. R. Smith, Representative, District 39, Post 2. Johnnie L. Caldwell, Representative, District 39, Post 1.

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Georgia, Upson County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. R. Smith and Johnnie L. Caldwell, who, on oath, depose and say that they are Representatives from the 39th District, and that the attached copy of notice of intention to introduce local legislation was published in the Thomaston Times which is the official organ of Upson County, on the following dates: January 9, 1969; January 16, 1969; and January 23, 1969. /s/ J. R. Smith Representative, 39th District /s/ Johnnie L. Caldwell Representative, 39th District Sworn to and subscribed before me, this 11th day of Feb., 1969. /s/ Cobb G. Dodson, Notary Public. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1969, Session of the General Assembly of Georgia, a bill to provide for a secretary for the Judge of the Superior Courts of the Griffin Judicial Circuit and to provide for the compensation of said secretary, and the proration of the payment thereof among the counties comprising the Griffin Judicial Circuit; to provide for all other matters relating thereto; and for other purposes.

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This 7th day of January, 1969. Quimby Melton, Jr., Representative, District 32, Post 1. Clayton Brown, Jr., Representative, District 32, Post 2. J. R. Smith, Representative, District 39, Post 2. Johnnie L. Caldwell, Representative, District 39, Post 1. Georgia, Pike County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. R. Smith and Johnnie L. Caldwell, who, on oath, depose and say that they are Representatives from the 39th District, and that the attached copy of notice of intention to introduce local legislation was published in the Pike County Journal which is the official organ of Pike County, on the following dates: January 16, 1969; January 23, 1969, and January 30, 1969. /s/ J. R. Smith Representative, 39th District /s/ Johnnie L. Caldwell Representative, 39th District Sworn to and subscribed before me, this 11th day of Feb., 1969. /s/ Cobb G. Dodson, Notary Public. Approved April 18, 1969.

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MUNICIPALITIESANNEXATION WITH APPROVAL OF PROPERTY OWNERS. No. 338 (House Bill No. 854). An Act to amend an Act entitled An Act to provide an alternate method of annexing territory to the municipalities of this State by action of the municipal governing bodies upon written request of 100% of the property owners in the affected area, approved February 27, 1962 (Ga. L. 1962, p. 119), so as to provide that it shall not be necessary to obtain the signatures of the owners of any public street, road or highway right-of-way; 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 alternate method of annexing territory to the municipalities of this State by action of the municipal governing bodies upon written request of 100% of the property owners in the affected area, approved February 27, 1962 (Ga. L. 1962, p. 119), is hereby amended by adding after the words owners of all the land in the first sentence of section 1 of said Act, the following phrase to read as follows: , except the owners of any public street, road, highway or right -of-way, so that when so amended, section 1 shall read as follows: Section 1. Authority is hereby granted to the governing bodies of the several incorporated municipalities of this State to annex to the existing corporate limits thereof un-incorporated areas contiguous to the existing corporate limits at the time of such annexation, upon the written and signed applications of all of the owners of all of the land, except the owners of any public street, road, highway or right-of-way, proposed to be annexed containing a complete description of the lands to be annexed. Lands to be annexed at any one time shall be treated as one body, regardless of the number of owners, and all parts shall be

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considered as adjoining the limits of the municipality when any one part of the entire body abuts such limits. When such application is acted upon by the municipal authorities and the land is, by ordinance, annexed to the municipality, a complete survey by a competent surveyor, not necessarily a county surveyor, shall be filed as a part of the ordinance annexing the territory and a copy certified to by the clerk or similar official of the municipality shall be filed with the Secretary of State of the State of Georgia. When so annexed, such lands shall constitute a part of the lands within the corporate limits of the municipality as completely and fully as if the limits had been marked and defined by special act of the General Assembly; Provided, however, that the provisions of this Act shall not apply to any municipality within a county having a population of 100,000 or more persons according to the United States Census of 1960 or any future such census. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1969. HOSPITALIZATION OF MENTALLY ILL PERSONS. Code 24-1901 Amended. Code Chapters 49-6, 88-5 Amended. No. 365 (House Bill No. 1). An Act to amend Code Title 88 known as the Georgia Health Code, approved March 18, 1964 (Ga. L. 1964, p. 499), as amended, so as to revise comprehensively the laws relating to the hospitalization and release of mentally ill persons by providing a procedure for the voluntary admission of patients, the emergency admission of patients, the admission of patients for evaluation, the nonobjecting or involuntary hospitalization of patients, and the judicial hospitalization of patients to hospitals

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for the mentally ill; to provide certain definitions; to provide certain rights of patients; to provide liability for violating provisions of Chapter 88-5; to authorize the Department of Public Health to issue and enforce regulations to implement Chapter 88-5; to provide for paying expenses of hearings; to provide for compelling witnesses to attend proceedings; to provide the procedure to be followed when a nonresident of Georgia is hospitalized in a facility in Georgia; to provide for transferring eligible patients to the custody of an agency of the United States Government for hospitalization; to provide for the function of private facilities within the provisions of Chapter 88-5; to provide for the validity of prior hospitalization orders; to provide for paying certain expenses; to authorize the governing authority of each county to determine whether persons in their respective counties shall be hospitalized under the judicial admission provisions or medical admission provisions of Chapter 88-5; to amend Code Section 24-1901, relating to the jurisdiction of the Courts of Ordinary, so as to confer certain jurisdiction on the Courts of Ordinary in conformity with this Act; to amend Code Chapter 49-6, relating to the appointment of guardians, so as to conform the procedure for the appointment of guardians with the provisions of this Act which provide for admission of patients to treatment facilities; to repeal a specific Code 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. Code Title 88 known as the Georgia Health Code, approved March 18, 1964 (Ga. L. 1964, p. 499), as amended, is hereby amended by striking Chapter 88-5 in its entirety and inserting in lieu thereof a new Chapter 88-5 to read as follows: CODE CHAPTER 88-5 HOSPITALIZATION OF THE MENTALLY ILL 88-501. Definitions. Unless a different meaning is required by the context, the following terms as used in this

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Chapter shall have the meaning hereinafter respectively ascribed to them: (a) `Mentally ill' shall mean having a psychiatric disorder which substantially impairs the person's mental health; (b) `Department' shall mean the Georgia Department of Public Health and includes its duly authorized agents; (c) `Facility' shall mean any state-owned or state-operated hospital or other facility utilized for the diagnosis, care, treatment, training, or hospitalization of persons who are mentally ill, any facility operated or utilized for such purpose by the United States Veterans Administration or other federal agency; and any other hospital within the State of Georgia approved for such purpose by the department; (d) `Patient' shall mean any mentally ill person who seeks hospitalization under the provisions of this Chapter, or any person for whom such hospitalization is sought; (e) `Superintendent' shall mean the chief medical officer of any facility receiving patients under the provisions of this Chapter or a physician appointed as the designee of such superintendent; (f) `Physician' shall mean a doctor of medicine who is licensed to practice in this State, under the provisions of the Georgia Medical Practice Act (Ga. Code Chapter 84-9), or who is employed as a physician by the United States Veterans Administration or other federal agency; (g) `Private Facility' shall mean any hospital facility operated by a non-profit corporation or association, a proprietary hospital approved for the purposes of this Chapter as provided herein, and a hospital facility operated by a hospital authority created pursuant to the Hospitals Authorities Law of Georgia (Ga. Code Chapter 88-18);

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(h) `Peace Officer' shall mean any city or county police officer, officer of the State Patrol, sheriff or deputy sheriff; (i) `Resident' shall mean a person who is a legal resident of the State of Georgia; (j) `Representatives' shall mean the persons appointed as provided in Section 88-502.15 to receive notice of the proceedings for hospitalization; (k) `Emergency Receiving Facility' shall mean a facility designated by the department to receive patients under emergency conditions as provided in Sections 88-504.1 through 88-504.6; (l) `Evaluating Facility' shall mean a facility designated by the department to receive patients for psychiatric evaluation as provided in Sections 88-505.1 through 88-505.7; (m) `Treatment Facility' shall mean a facility designated by the department to receive patients for psychiatric treatment as provided in Sections 88-506.1 through 88-506.8 and Section 88-507.1 through 88-507.3; (n) `Penal Offense' means violations of a law of the State or a political subdivision thereof for which the offender may be confined in a State prison or a city or county jail or other penal institution; (o) `Clinical record' shall mean all parts of the record required to be maintained under Section 88-502.10 (a) and shall include all medical records, progress notes, charts, admission and discharge data, and all other information recorded by a facility which pertains to the patient's hospitalization and treatment. RIGHTS OF PATIENTS 88-502.1. Protection of patient's right. The individual dignity of the patient shall be respected at all times and upon all occasions, including any occasion wherein the patient

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is taken into custody, detained or transported. Except where required under conditions of extreme urgency, those procedures, facilities, vehicles, and restraining devices normally utilized for criminals or those accused of crime shall not be used in connection with the mentally ill. Mentally ill patients or those suspected of being mentally ill shall, to the maximum extent reasonably possible, be treated at all times as medical patients and their handling and treatment shall be under the supervision of a physician. Notwithstanding any other provision of law to the contrary, no person who is receiving or has received services for a mental disorder shall be deprived of any civil, political, personal, or property rights without due process of law. No right or privilege granted by this Chapter shall be denied any person. 88-502.2 Right to care and treatment. The policy of the State is that no person shall be denied care and treatment for mental disorder, and no services shall be delayed at a facility of the State or a political subdivision of the State because of inability to pay. 88-502.3. Quality of care and treatment. (a) Each patient in a facility and each person receiving services for mental disorders shall receive care and treatment that is suited to his needs and such care and treatment shall be administered skillfully, safely, and humanely with full respect for his dignity and personal integrity. In order to assure proper care and treatment, the superintendent of a facility shall require that each patient receive such medical attention as his condition demands and that, unless the patient or his representatives consent in writing, no treatment shall be given which is not recognized as standard psychiatric treatment. (b) If a patient hospitalized under the provisions of this Chapter is able to secure the services of a private physician, he shall be allowed to see his physician at any reasonable time. The superintendent is hereby authorized and directed to establish regulations designed to facilitate examination and treatment which a patient may request from such private physician.

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(c) Every patient admitted to a facility under the provisions of this Chapter shall be examined by the staff of the admitting facility as soon as possible after his admission. 88-502.4. Mechanical restraints. Mechanical restraints shall not be applied to a patient unless it is determined by the superintendent to be required by the medical needs of the patient. Every use of a mechanical restraint and the reasons therefor shall be made a part of the clinical record of the patient and each such entry on the clinical record shall be signed by the superintendent. 88-502.5. Communication and visits. (a) The intent of this Section is to enable each patient in a facility to communicate freely and privately with persons outside the facility unless such communication is likely to be harmful to the patient or others. (b) Except as provided in subsections (c) through (e), each patient shall be allowed to receive, send and mail sealed, unopened correspondence and no patient's incoming or outgoing correspondence shall be opened, delayed, held or censored by the facility. (c) If there is reason to believe that incoming or outgoing mail contains items or substances which may be dangerous to the patient or others, the superintendent may direct reasonable examination of such mail and may regulate the disposition of such items or substances found. (d) If an injunction against communication by a patient is issued by a court, the superintendent shall restrict communication as provided by the order of the court. (e) If the superintendent finds that the patient's mental condition demands restriction of communications, such communications may be restricted for a period not to exceed five days, except that correspondence of the patient with public officials or with his attorney shall not be restricted in any event under this subsection. If the superintendent finds that the patient's condition demands continued restriction

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of communications, the superintendent may order continued restriction for a period not to exceed three months. This order may be renewed by the superintendent each three months thereafter if the patient's condition demands continued restriction of communications. At each time a patient's right to communicate is ordered restricted by the superintendent, written notice of such order shall be served on the patient and his representatives as provided in Section 88-502.15. (f) The circumstances surrounding the examination of any mail under subsection (c) or restriction of the right to communicate under subsections (d) and (e) shall be recorded on the patient's clinical record. (g) The superintendent is hereby authorized to establish reasonable regulations governing visitors, visiting hours and the use of telephones by patients. 88-502.6. Care and custody of the personal effects of patients. A patient's right to his personal effects shall be respected. The superintendent or his designee may take temporary custody of such effects when required for medical reasons. The facility shall make reasonable efforts to assure the safety of the patient's belongings, but no employee or staff member shall be responsible for loss of or damage to such property where reasonable safety precautions have been taken. 88-502.7. Voting in public elections. Each patient in a facility who is eligible to vote shall be given his right to vote in the primary and general elections. The superintendent of each facility shall permit and reasonably assist patients (a) to obtain voter registration forms, applications for absentee ballots, and absentee ballots; (b) to comply with other requirements which are prerequisite for voting; and (c) to vote by absentee ballot. 88-502.8. Employment outside the facility. If a patient wishes to be employed outside a facility and if such employment will aid in the patient's treatment, he shall be assisted in his efforts to secure suitable employment and

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all benefits flowing from such employment. The department shall encourage such employment of patients and shall promote the training of patients for gainful employment after discharge. All benefits of such employment shall accrue solely to the patient. 88-502.9. Education of Children. The rights of any child under treatment in a facility to an education within the limits of his capability shall be fully respected. 88-502.10. Confidentiality. (a) A clinical record for each patient shall be maintained. The record shall include data pertaining to admission and such other information as may be required under regulations of the department. Unless waived by the patient or guardian and his attorney, the privileged and confidential status of all information given such status by Code Section 38-418 (5) shall not be lost by either authorized or unauthorized disclosure of such information to any person, organization or agency. The clinical record shall not be a public record and no part of it shall be released except: (1) Where the superintendent of the facility where the record is kept deems it essential for continued treatment, the record may be released to physicians; (2) The record may be released to physicians, attorneys, and government agencies as designated by the patient; (3) The record, except for matter privileged under Code Section 38-418 (5), may be produced in response to a duly issued subpoena; the record, or any part thereof, may be released to persons duly authorized by an order of a court of record; (4) When the patient is transferred to another facility, the record may be released to that facility; (5) The record or any part thereof may be disclosed to any employee or staff member of the facility when the attending physician deems it necessary for the proper treatment of the patient.

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(b) (1) The record shall be released to the patient's attorney if the attorney so requests within the four weeks preceding the time the patient becomes entitled to any hearing under the provisions of this Chapter. (2) In connection with any hearing under the provisions of this Chapter, any physician who is treating or who has treated the patient shall be authorized to give evidence as to any matter concerning the patient except for communications privileged under Code Section 38-418 (5) as to which the privilege has not been effectively waived. (c) Nothing contained in this Section shall be taken to render admissible in court any matter which would otherwise be excluded under Code Section 38-418. 88-502.11. Judicial Supervision. (a) At any time and without notice, a person detained by a facility or a relative or friend on behalf of such person may petition, as provided by law, for a writ of habeas corpus to question the cause and legality of detention and to request the court on its own initiative to issue a writ for release. (b) A patient or his representatives may file a petition in the Court of Ordinary in the county where the patient is hospitalized, alleging that the patient is being unjustly denied a right or privilege granted by this Chapter or that a procedure authorized by this Chapter is being abused. Upon the filing of such a petition, the Court shall have the authority to conduct a judicial inquiry and to issue any appropriate order to correct any abuse of the provisions of this Chapter. 88-502.12. Right to legal counsel. It shall be the responsibility of the department to see that every patient is given the opportunity to secure legal counsel to represent him in connection with private, personal, domestic, business, civil, criminal, and all other legal matters in which he may be involved during hospitalization. 88-502.13. Designation of facility to receive patient. (a) The department may designate the state-owned or

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state-operated facility to which a patient is admitted under the provisions of this Chapter. If a patient is hospitalized under the provisions of this Chapter and is able to pay for treatment in a private facility approved by the department under the provisions of this Chapter, he may apply to the department for transfer at his expense to such private facility. If the private facility agrees to accept the patient, the department shall transfer the patient to that facility. If a private facility requests the department to take custody of a patient hospitalized therein under the provisions of this Chapter, the department shall accept the patient and designate the state-owned or state-operated facility to which the patient shall be admitted. (b) When the medical needs of the patient or efficient utilization of the facilities of the department require, a patient may be transferred from one facility of the department to another. At the time of any such transfer, notice shall be given in writing to the patient and to his representatives. A voluntary patient may be transferred only with his consent. 88-502.14. Transportation. The county health department in cooperation with the governing authority of the county shall arrange for required transportation of the patient. Whenever possible marked vehicles normally used for the transportation of criminals or those accused of crime shall not be used for the transportation of patients. However, the type of vehicle to be furnished for the transportation of patients shall be in the discretion of the governing authority of the county. The Court of the Ordinary shall, upon the request of the county health department, order the sheriff to transport the patient in such manner as the patient's condition demands. At any time the county health department is satisfied that the patient can be transported safely by family members or friends, such private transportation shall be encouraged and authorized. No female patient shall be transported at any time without another female, who is not a patient in attendance, unless such female patient is accompanied by her husband, father, adult brother or adult son.

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88-502.15. Notice. (a) At the time a patient is admitted to any facility under the provisions of this Chapter, the names and addresses of two representatives shall be entered in the patient's clinical record and notice of the patient's admission shall be given to the representatives in writing. If the admission is to an Emergency Receiving Facility, notice shall also be given by that facility to the patient's representatives by telephone or in person as soon as possible. The patient may designate one representative; the second representative, or in the absence of designation of one representative by the patient, both representatives, shall be selected by the facility, one of whom shall be selected from the following in the order of listing: the patient's legal guardian, spouse, an adult child, parent, attorney, adult next-of-kin, or adult friend. The second representative shall be selected from the above list without regard to the order of listing. (b) At the time of admission of a patient under the provisions of this Chapter, the facility shall make diligent efforts to secure names and addresses of two representatives for the patient as provided for herein. If the facility is unable to secure such representatives after diligent search, that fact shall be entered in the patient's clinical record, and the facility shall apply to the Court of Ordinary for the appointment of a guardian ad litem. On application of any person or on its own motion, the Court of Ordinary may also appoint a guardian ad litem for a patient for whom representatives have been named whenever the appointment of a guardian ad litem is deemed necessary for protection of the patient's rights. Such guardian ad litem shall act as representative of the patient on whom notice is to be served under the provisions of this Chapter, and shall have the powers granted to representatives by this Chapter. (c) At any time notice is required by this Chapter to be given to the patient's representatives, such notice shall be served on the representatives designated under subsection (a). The patient's guardian ad litem, if any, shall likewise be served. Unless otherwise provided, notice may be served

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in person or by registered or certified mail. When notice is served by mail, service is complete upon mailing. (d) At any time notice is required by this Chapter to be given to the patient, the date on which notice is given shall be entered on the patient's clinical record. If the patient is unable to read a written notice understandably, a reasonable effort shall be made to explain the notice to him. (e) At the time a Court of Ordinary enters an order pursuant to the provisions of this Chapter, such order and notice of the date of entry of the order shall be served on the patient and his representatives as provided in subsection (c) hereof. 88-502.16. Appeal. The patient, his representatives, or his attorney may appeal any order of the Court of Ordinary rendered in a proceeding under this Chapter to the Superior Court of the county in which the proceeding was held. Such appeal must be filed within ten days of the entry of the order complained of and the patient must pay all costs or must make an affidavit that he is unable to pay costs. The appeal shall be made in the same manner as other appeals from the Court of Ordinary to the Superior Court, where the issue shall be submitted to a jury as in other cases before that Court, with further rights of review as now or hereinafter are provided by law. 88-502.17. Access to physicians. At reasonable times, the patient's attorney shall have the right to interview the physicians who have attended the patient in any facility. The superintendent is hereby authorized and directed to establish reasonable regulations to make available to the patient's attorney all information in the possession of the facility which he requires in order to advise and represent the patient concerning his hospitalization. 88-502.18. Liability for violations. Any person who by wilful action or gross negligence, violates or abuses any provision of this Chapter shall be liable to the patient for any damages which the patient suffers by reason of such

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wrongful conduct. Any physician, peace officer, attorney, health officer, or hospital officer, agent, or employee, whether employed by a private hospital or at hospital facilities operated by the State, a political subdivision of the State, or by a hospital authority created pursuant to the Hospitals Authorities Law of Georgia (Ga. Code Chapter 88-18), who acts in good faith in compliance with the provisions of this Chapter, shall be immune from civil or criminal liability for his actions in connection with the admission of a patient to a facility or the discharge of a patient from a facility. VOLUNTARY ADMISSION 88-503.1. Authority to receive voluntary patients. (a) The superintendent of any facility may receive for observation and diagnosis any individual 18 years of age, or older, making application therefor, any individual under 18 years of age for whom such application is made by his parent or guardian and any person legally adjudged to be incompetent for whom such application is made by his guardian. If found to show evidence of mental illness and to be suitable for treatment, such person may be given care and treatment at such facility and such person may be detained by such facility for such period and under such conditions as may be authorized by law. (b) The superintendent of any Evaluating Facility may receive for observation and diagnosis any individual 14 years of age or older who makes application therefor. If such individual is under 18 years of age, his parent or guardian may apply for his discharge and the superintendent shall release the patient within five days of such application for discharge. 88-503.2. Discharge of voluntary patients. The superintendent of the facility shall discharge any voluntary patient who has recovered from his mental illness or who has sufficiently improved that the superintendent determines that hospitalization of the patient is no longer desirable. He may also discharge any voluntary patient, if to do so would, in his judgment, contribute to the most effective

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use of the facility in the care and treatment of mentally ill persons: Provided, however, that in no event shall any such patient be discharged if, in the judgment of the superintendent of such facility, such discharge would be unsafe for the patient or others. 88-503.3. Right of voluntary patients to discharge on application. (a) A voluntary patient who is admitted to a facility pursuant to Section 88-503.1, or his legal guardian, parent, spouse, attorney or adult next-of-kin, may request his discharge in writing at any time after five days following his admission to the facility, excluding Saturdays, Sundays and legal holidays. This request may be submitted to the superintendent or to any staff physician or staff registered nurse of the facility for transmittal to the superintendent. If the patient or another on his behalf makes an oral request for release to any staff physician or staff registered nurse, the patient must, within three days, Saturdays, Sundays and legal holidays excluded, be given assistance in preparing a written request. If a written request is submitted to a staff physician or staff registered nurse, the physician or nurse shall deliver the request to the superintendent within 24 hours. Within five days, excluding Saturdays, Sundays, and legal holidays, of the delivery of a written request for release to the superintendent, the patient must be discharged from the facility unless the superintendent finds that the discharge would be unsafe to the patient or others, in which case proceedings for involuntary hospitalization must be initiated under Section 88-506.3 prior to the expiration of such five-day period. If the patient was admitted on his own application and the request for discharge is made by a person other than the patient, the discharge may be conditioned upon the agreement of the patient thereto. If the patient was admitted before the age of eighteen on the application of his parent or guardian under Section 88-503.1, his discharge prior to becoming 18 years of age may be conditioned upon the consent thereto of his parent or guardian. If the patient was admitted as an adjudged incompetent on the application of his guardian under Section 88-503.1, his discharge prior to a legal restoration of competency may be conditioned upon the consent thereto of his guardian.

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(b) Notwithstanding any other provision of this Chapter, proceedings for the involuntary hospitalization of an individual received by a facility as a voluntary patient shall not be commenced unless the discharge of the voluntary patient is first requested as provided in subsection (a) hereof. 88-503.4. Notice of rights to release. At the time of his admission and each six months thereafter, a voluntary patient admitted to a facility under Section 88-503.1 and his representatives shall be notified in writing, as provided in Section 88-502.15, of his right to discharge on application under Section 88-503.3. 88-503.5. Transfer to voluntary status. The attending physician shall encourage any involuntary patient to transfer to voluntary status of hospitalization unless the attending physician finds that the patient is unable to understand the nature of voluntary hospitalization or that voluntary hospitalization would be harmful to the patient, which finding shall be entered in the patient's clinical record. Any involuntary patient who so applies shall be transferred to voluntary status of hospitalization immediately, unless the superintendent finds that this would be not in the best interest of the patient, which finding shall be entered in the patient's clinical record and signed by the superintendent. When such transfer to voluntary status occurs, notice shall be given to the patient and his representatives, and, if the patient was hospitalized under an order of court, to the court which entered such order. EMERGENCY ADMISSION 88-504.1. Facility for emergency admission. Any state-owned or state-operated facility may be designated by the department as an Emergency Receiving Facility. The department shall maintain an Emergency Receiving Facility at Central State Hospital and each Georgia Regional Hospital which shall accept patients from any county under the provisions of Sections 88-504.2 through 88-504.6. Any other facility within the State of Georgia may be so designated by the department at the request of or with the

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consent of the governing officers of such other facility. No provisions of this Chapter shall be deemed to require any county to construct any facility for the hospitalization or treatment of mental patients. 88-504.2. Admission to an emergency receiving facility. In a county in which, under the provisions of Section 88-508.9, the medical admission procedures of this Chapter apply, any physician may execute a certificate stating that he has examined a person within the preceding 48 hours and found that the person appears to be mentally ill and is likely to injure himself or others, and the observations upon which the conclusion is based. The physician's certificate authorizes any peace officer to take the person into custody and to deliver him forthwith to the nearest available Emergency Receiving Facility, where he shall be received for examination. The peace officer shall execute a written report detailing the circumstances under which the person was taken into custody and this report and the physician's certificate shall be made a part of the patient's clinical record. 88-504.3. Examination by a physician. In a county in which, under the provisions of Section 88-508.9, the medical admission procedures of this Chapter apply, (a) if a person is committing a penal offense, as defined in Section 88-501 (n) and if there is probable cause for believing the person to be mentally ill and a danger to himself or others, or (b) a person is overtly threatening to commit suicide, a peace officer may take the person to a physician, within the county or an adjoining county, for emergency examination by the physician, as provided in Section 88-504.2. 88-504.4. Examination in Emergency Receiving Facility. A patient who is received by an Emergency Receiving Facility shall be examined by a physician as soon thereafter as possible, but in any event within 24 hours, and may be given such emergency treatment as is indicated by good medical practice. The patient must be released within 24 hours of his admission unless the examining physician concludes that there is reason to believe that the patient may require hospitalization in a Treatment

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Facility and executes a certificate to that effect within 24 hours of the patient's admission to the Emergency Receiving Facility. The physician's certificate shall be served on the patient and his representatives together with written notice that the patient or his representatives may petition for a writ of habeas corpus or for a protective order under the provisions of Section 88-502.11. Within 24 hours of the execution of the physician's certificate, the patient shall be transported, as provided for in Section 88-502.14, to an Evaluating Facility where he shall be received under the provisions of Section 88-505.4. 88-504.5. Release from Emergency Receiving Facility. At any time the examining physician concludes that the patient need not be hospitalized or that further evaluation is not necessary, the patient shall be discharged, unless the patient is under criminal charges, in which case he shall be returned to the custody of a peace officer. 88-504.6. Notice of right to court hearing. Immediately upon arrival of a patient at an Emergency Receiving Facility under Section 88-504.2, the facility shall give the patient written notice of his right to petition for a writ of habeas corpus or for a protective order under the provisions of Section 88-502.11. The notice of the patient's hospitalization in an Emergency Receiving Facility given to the patient's representatives under the provisions of Section 88-502.15 (a) shall include a clear notification that the representatives may petition for a writ of habeas corpus or for a protective order under the provisions of Section 88-502.11. ADMISSION FOR EVALUATION 88-505.1. Facility for psychiatric evaluation. Any state-owned or state-operated facility may be designated by the department as an Evaluating Facility. The department shall maintain an Evaluating Facility at Central State Hospital and each Georgia Regional Hospital which shall accept patients from any county designated by the department under the provisions of Section 88-505.2 through 88-505.7.

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Any other facility within the State of Georgia may be so designated by the department at the request of or with the consent of the governing officers of such other facility. 88-505.2. Petition for court-ordered evaluation. In a county in which, under the provisions of Section 88-508.9, the medical admission procedures of this Chapter apply, proceedings for a court-ordered evaluation may be initiated in the following manners: (a) Any person may file an application, executed under oath, with the County Health Department for a courtordered evaluation of a patient located within the county who is alleged to be mentally ill and (1) a danger to himself or others or (2) incapable of caring for his physical health and safety. Upon the filing of such an application, the County Health Department shall make a preliminary investigation to determine whether or not there is reason to believe that the subject of the application is mentally ill and (1) a danger to himself or others or (2) incapable of caring for his physical health and safety. If the investigation shows that these criteria are met, the County Health Department shall file a petition with the Court of Ordinary in the county where the patient is located, seeking an involuntary admission for evaluation. (b) Any person may file a petition with the Court of Ordinary, executed under oath, alleging that a patient within the county is mentally ill and (1) is a danger to himself or others or (2) is incapable of caring for his physical health and safety. The petition must be accompanied by the certificate of a physician stating that he has examined the patient within the preceding five days and has found that the patient may be mentally ill and in need of hospitalization, and that a full evaluation of the patient is necessary. 88-505.3. Evaluation on court order. (a) The Court of Ordinary shall set a hearing on the petition filed under subsection 88-505.2 (a) or 88-505.2 (b) and shall serve notice of such hearing on the patient and his representatives as provided in Section 88-502.15. If service is made

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in person, the hearing shall be set within 48 hours, Saturdays, Sundays, and holidays excepted, of the date of service of the notice. If the patient or any representative is served by mail, the hearing shall be set within five days, Saturdays, Sundays, and holidays excepted, of the date such notice is mailed. A copy of the petition shall be attached to the notice of the time and place of the hearing. In all cases, the Court shall grant a continuance upon application by the patient or his representatives if necessary to permit the patient to prepare for the hearing. Two representatives for the service of the notice provided herein shall be designated by the Court, one of whom shall be selected from the following in the order of listing, other than the person who filed the petition: the patient's legal guardian, spouse, an adult child, parent, attorney, adult next-of-kin, or adult friend. The second representative shall be selected from the above list without regard to the order of listing. If two representatives cannot be located after diligent search, the Court shall appoint a guardian ad litem who shall serve as representative. The hearing may be waived in writing by the patient and his representatives. If the hearing is not waived, it shall be held in an informal manner and at a location which will not be harmful to the mental health of the patient. The patient shall have a right to counsel. The Court shall inform the patient of that right and, if the patient is unable to afford counsel, the Court shall appoint counsel. The rules of evidence and formal rules of procedure shall not apply. The Court shall receive all relevant testimony and evidence. (b) After a full hearing, or, if the hearing is waived, after a full review of the evidence, if the Court is satisfied that immediate evaluation is necessary, the Court shall issue an order to any peace officer to deliver the patient forthwith to a designated Evaluating Facility. If the Court is satisfied that evaluation is necessary, but that the patient need not be hospitalized immediately for his own safety or that of others, the Court may order the patient to appear at a designated Evaluating Facility at a specified time within three days, Saturdays, Sundays and legal holidays excepted. If the patient fails to appear at the specified time, the order of the Court, countersigned by the superintendent

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of the Evaluating Facility, or his designee, to show that the person did not appear as ordered, shall authorize and direct any peace officer to take the person into custody and deliver him forthwith to the specified Evaluating Facility. 88-505.4. Admission to an Evaluating Facility. Any person who is brought to an Evaluating Facility under the provisions of Section 88-504.4 or appears under a court order as provided in Section 88-505.3 or Section 88-507.3 shall be received for evaluation and such treatment as is indicated by good medical practice. 88-505.5. Evaluation by an Evaluating Facility. A patient who is admitted to an Evaluating Facility under Section 88-505.4 may be detained for a period not to exceed five days. The staff physicians of the Evaluating Facility shall encourage the patient to apply for voluntary hospitalization if hospitalization appears desirable, unless the attending physician finds that the patient is unable to understand the nature of voluntary hospitalization or that voluntary hospitalization would be harmful to the patient, which finding shall be entered in the patient's clinical record. Within the five-day evaluating period, (a) the patient must be released under Section 88-505.6, or (b) the patient must agree to hospitalization as a voluntary patient, without objection from his representatives, in which case the provisions of this Chapter on voluntary admission apply with the date of voluntary admission being set as the sixth day after admission to the Evaluating Facility, or (c) proceedings for involuntary hospitalization under Section 88-506.3, must be initiated unless the patient was received by the Evaluating Facility under Section 88-507.3, in which case the patient must be returned to the jurisdiction of the Court. 88-505.6. Power to discharge patient. At any time the patient is found not to require hospitalization or further detention for evaluation, the Evaluating Facility shall discharge the patient, unless the patient is under criminal charges, in which case he shall be returned to the custody of a peace officer authorized by law to take the patient into

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custody. Notice of the discharge shall be given to the patient and his representatives, as provided in Section 88-502.15, and (a) if the patient was admitted to the Emergency Receiving Facility under Section 88-504.2, to the physician who executed the certificate; (b) if the patient was taken into custody under Section 88-504.2 or Section 88-504.3, to the agency which took the patient into custody; and (c) if the admission to the Evaluating Facility was under Section 88-505.3 or Section 88-507.3, to the Court which ordered the evalution. 88-505.7. Power to transfer. Any patient admitted to an Evaluating Facility may apply to the superintendent of that facility for transfer at his own expense to any other approved Evaluating Facility. If the Evaluating Facility to which transfer is requested agrees to admit the patient, he shall be transferred forthwith. In such case, the provisions of Section 88-505.5 shall apply and the time periods specified shall be counted from the date of admission to the Evaluating Facility to which the patient is transferred. Notice of the transfer shall be given to the patient's representatives, as provided in Section 88-502.15, at the time of transfer and, if the patient was admitted to the Evaluating Facility under Section 88-505.3 of Section 88-507.3, to the Court which ordered the evaluation. INVOLUNTARY HOSPITALIZATION; NONOBJECTING HOSPITALIZATION 88-506.1. Criteria for nonobjecting or involuntary hospitalization. A person being within the State may be hospitalized under Sections 88-506.2 through 88-506.7 if he is mentally ill and is (a) likely to injure himself or others if not hospitalized or (b) incapable of caring for his physical health and safety. 88-506.2. Facility for treatment. Any state-owned or state-operated facility may be designated by the department as a Treatment Facility. Any other facility within the State of Georgia may be so designated by the department at the request of or with the consent of the governing officers of such other facility.

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88-506.3. Admission to a Treatment Facility. A patient may be hospitalized in a Treatment Facility under the provisions of this Section and Section 88-506.4 only upon recommendation of the superintendent of an Evaluating Facility where the patient has been examined under the provisions of Section 88-505.1 through 88-505.7, supported by the opinions of two physicians, who have personally examined the patient within the preceding five days, that the criteria of Section 88-506.1 are met. Such recommendation of the superintendent and opinions of the physicians shall be entered on a hospitalization certificate, which certificate shall authorize the patient to be retained by the Evaluating Facility pending transfer to a Treatment Facility or completion of a hearing under Section 88-506.4. The certificate shall be filed with the department and copies shall be served on the patient and his representatives, as provided in Section 88-502.15, accompanied by: (a) a plain and simple notice that the patient or his representatives may apply for a hearing on the issue of the patient's need for hospitalization; (b) a petition for such hearing which requires only the signature of the patient or his representatives for completion; (c) a notice that the petition may be filed in the Court of Ordinary in the county in which the patient is hospitalized at the time the certificate is executed or in the county of residence of the patient, and the address of such Courts; and (d) a notice that the patient or his representatives may apply immediately to the Court of Ordinary to have counsel appointed if the patient cannot afford counsel. This petition may be filed at any time within six months of the date of the certificate. If no petition for a hearing is filed within five days after the certificate is served on the patient's representatives, the certificate shall serve as authorization for the patient to be transported to a Treatment Facility as provided in Section 88-502.14, and as authorization to the Treatment Facility to admit the patient for care and treatment. The Treatment Facility may retain a patient admitted under this Section for a period not to exceed six months from the date of admission. If continued hospitalization is necessary at the end of that period, the superintendent shall apply for an order authorizing such continued hospitalization under Section 88-506.6.

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88-506.4. Procedure if Hearing is Requested. If a petition for a hearing is filed, the Court of Ordinary shall serve notice on the superintendent of the facility in which the patient is hospitalized and shall hold the hearing within five days unless the Court grants a continuance for good cause. The patient, his representatives, or the superintendent of the facility where the patient is hospitalized may apply for a change of venue for the convenience of parties or witnesses or because of the conditions of the patient. A change of venue may be ordered within the discretion of the Court. The patient shall have a right to counsel. The patient and his representatives shall be informed of this right by the Court and, if the patient cannot afford counsel, the Court shall appoint counsel. The hearing shall be held in as informal a manner as possible and in a setting which is not likely to have a harmful effect on the mental health of the patient. In the discretion of the Court, the public may be excluded from the hearing and the patient need not be present if his attorney consents; in either of these events, however, the record shall reflect the reason for the Court's action. The Court shall receive all relevant testimony and evidence. One of the physicians who executed the certificate in Section 88-506.3 shall be a witness but his testimony may be made by deposition or, with the consent of the patient or his attorney, by affidavit. If the Court concludes that the patient is mentally ill and (1) that he is likely to injure himself or others if not hospitalized or (2) that he is incapable of caring for his physical health and safety, the Court shall order the patient to be transported, as provided in Section 88-502.14, to a Treatment Facility where he shall be admitted for care and treatment. The Treatment Facility may retain a patient admitted under this Section for a period not to exceed six months. If continued hospitalization is necessary at the end of that period, the superintendent shall apply for an order authorizing such continued hospitalization under Section 88-506.6. 88-506.5. Hearing Examiner. (a) One or more Hearing Examiners shall be appointed by the Justices of the Supreme Court to hold the hearings provided under Section 88-506.6. Such Hearing Examiners shall be members of the

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State Bar of Georgia and shall be compensated by the department. (b) The Hearing Examiners shall have the authority to: (1) Administer oaths and affirmations; (2) Sign and issue subpoenas; (3) Rule upon offers of proof; (4) Regulate the course of the hearing; (5) Provide for the taking of testimony by deposition; (6) Reprimand or exclude from the hearing any person for any indecorous or improper conduct committed in the presence of the Hearing Examiner. (c) If a subpoena issued by the Hearing Examiner is disobeyed, the Hearing Examiner may apply to the Superior Court of the county in which the hearing is held for an order requiring obedience. Failure to comply with such order shall be cause for punishment as for contempt of court. (d) In the event a patient cannot afford counsel in a hearing before the Hearing Examiner, the Hearing Examiner shall apply to the Superior Court of the county in which the hearing is held and that Court shall appoint counsel for the patient. (e) An order of the Hearing Examiner rendered in a hearing in Section 88-506.6 may be appealed to the Superior Court of the county in which the hearing was held in the manner provided by Section 88-502.16 for appeals from orders of the Court of Ordinary. 88-506.6. Procedure for Continued Hospitalization. (a) If continued hospitalization of a patient is necessary, the superintendent shall, prior to the expiration of the period during which the Treatment Facility is authorized to retain

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the patient by the provisions of this Chapter, apply for an order authorizing such continued hospitalization under the provisions of subsection (c). (b) If the superintendent finds that continued hospitalization is necessary (1) for an individual who was admitted while serving a criminal sentence, but whose sentence is about to expire, or (2) for an individual who was hospitalized while under the jurisdiction of a Juvenile Court, but who is about to reach the age of 21, the superintendent shall apply for an order authorizing such continued hospitalization under subsection (c) and the provisions of this Chapter shall apply fully to such patient after that time. (c) (1) The superintendent may seek an order authorizing continued hospitalization by filing a petition therefor in the Court of Ordinary in the county of the patient's residence and serving such petition on the patient and his representatives, as provided in Section 88-502.15. The petition shall contain a plain and simple statement that (i) the patient or his representatives may file a request for a hearing with the Court within fifteen days after service of the superintendent's petition and that (ii) if the patient cannot afford counsel, upon request by the patient, counsel will be appointed immediately by the Court of Ordinary in the county where the Treatment Facility is located or, upon request by the patient's representatives, in the county of the patient's residence. (2) If a hearing is not requested within fifteen days of service of the petition on the patient and his representatives, the Court may order continued hospitalization if satisfied that such hospitalization is necessary. Such order shall authorize the Treatment Facility to retain the patient for a period not to exceed one year. (3) If a hearing is requested within fifteen days of service of the petition on the patient and his representatives, the Court of Ordinary in the county of the patient's residence shall serve notice on the superintendent and shall transmit the petition and the request for a hearing to the

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office of the Hearing Examiner. The Hearing Examiner shall set a time and place for the hearing to be held within ten days of the time the Hearing Examiner receives the petition. Notice of the hearing shall be served on the patient and his representatives as provided in Section 88-502.15. The Hearing Examiner may grant a continuance for good cause. The patient or his representatives may apply for a change of venue for the convenience of parties or witnesses. A change of venue may be ordered within the discretion of the Hearing Examiner. The patient shall have a right to counsel. The patient and his representatives shall be informed of this right by the Hearing Examiner and, if the patient cannot afford counsel, counsel shall be appointed as provided in Section 88-506.5 (d). The hearing shall be held in as informal a manner as possible and in a setting which is not likely to have a harmful effect on the mental health of the patient. In the discretion of the Hearing Examiner, the public may be excluded from the hearing and the patient need not be present if his attorney consents; in either of these events, however, the record shall reflect the reason for the Hearing Examiner's action. The Hearing Examiner shall receive all relevant testimony and evidence. At least one physician attending the patient at the Treatment Facility shall be a witness but his testimony may be made by deposition, or, with the consent of the patient or his attorney, by affidavit. If the Hearing Examiner concludes that the patient requires continued hospitalization, the Hearing Examiner shall so order and the Treatment Facility shall thereby be authorized to retain the patient for a period not to exceed one year. 88-506.7. Power to discharge patient. At any time a patient is found by the superintendent no longer to meet the criteria of Section 88-506.1, the superintendent may (a) discharge the patient, unless the patient is under criminal charges, in which case he shall be placed in the custody of a peace offer duly authorized by law to take the patient into custody; or (b) transfer the patient to voluntary status at the patient's request as provided in Section 88-503.5; or (c) place an improved patient, except patients under a criminal charge, on convalescent status as provided in Section 88-506.8. Notice of the discharge or the transfer

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of status shall be given to the patient and his representatives and, if the patient's hospitalization was authorized by order of a Court of Ordinary, to the Court which entered such order. 88-506.8. Convalescent status; rehospitalization. The superintendent of the Treatment Facility may place an improved patient on convalescent status when he believes that such action is in the best interest of the patient. Notice of the patient's placement on convalescent status shall be given to the patient and his representatives and, if the patient's hospitalization was authorized by order of a Court of Ordinary, to the Court which entered such order. Placement on convalescent status shall include provisions for continuing responsibility to and by the facility, including a plan of treatment on an out-patient basis. The superintendent of the facility from which the patient is given convalescent status may, at any time during the continuance of such convalescent status, rehospitalize the patient when the condition of the patient requires. On application by the superintendent to the Court of Ordinary in the county where the patient is found, the Court shall issue an order directing that the patient be transported to the Treatment Facility as provided in Section 88-502.14. The convalescent status shall automatically expire at the end of the period during which the Treatment Facility was authorized to retain the patient under the provisions of this Chapter, unless the superintendent, upon determining that further hospitalization may be required if the convalescent status is not continued, shall apply for an order authorizing the continuance of the convalescent status for an additional period not to exceed one year. Such application for continuance of convalescent status shall be filed in the manner provided for in subsection 88-506.6 (c) (1) and proceedings shall be conducted as provided in subsections 88-506.6 (c) (2) and 88-506.6 (c) (3) to determine whether or not the patient's condition requires the convalescent status to be continued. JUDICIAL HOSPITALIZATION 88-507.1. Criteria for judicial hospitalization. A person may be hospitalized under Section 88-507.2 and 88-507.3 if

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he is mentally ill, and he is (a) likely to injure himself or others if not hospitalized or (b) incapable of caring for his physical health and safety. 88-507.2. Petition for judicial hospitalization. Any person may file a petition, executed under oath, in the Court of Ordinary in the county where the patient is found, alleging that the criteria of Section 88-507.1 are met. The petition shall be accompanied by the certificate of a physician stating that the physician has examined the patient within the preceding five days and that the criteria of Section 88-507.1 are met. 88-507.3. Procedure for hearing. (a) The Court of Ordinary shall enter the names and addresses of representatives of the patient on the petition. The patient may designate one representative; a second representative or, in the absence of designation of one representative by the patient, two representatives, shall be selected by the Court, one of whom shall be selected from the following in the order of listing, other than the person who executed the petition under Section 88-507.2: the patient's legal guardian, spouse, an adult child, parent, attorney, adult next-of-kin, or adult friend. The second representative shall be selected from the above list without regard to the order of listing. The Court shall make diligent efforts to secure names and addresses of two representatives for the patient as provided for herein. If the Court is unable to secure such representatives after diligent search, that fact shall be entered in the record of the case, and the Court shall appoint a guardian ad litem. Such guardian ad litem shall act as representative of the patient. (b) The Court shall issue a commission directed to three reputable persons, two of whom shall be practicing physicians in good standing, said physicians to be residents of the county, if that number reside therein, and the county attorney, or some attorney of the county appointed by said county attorney (or, in the case of disqualification of the county attorney, an attorney appointed by the Court), or the solicitor of any city court located in said county, and if no county attorney or solicitor of said city court, the district

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attorney of the circuit or some attorney of the county appointed by him. The Commission shall be sworn to examine the patient according to the best of its ability and to report to the Court its findings as to the mental condition of said patient and as to his need for hospitalization. Provided, however, that in the event the patient shall be financially unable to employ counsel to represent him in said hearing, then the Court shall appoint an attorney to represent said patient. The attorney so appointed shall be compensated in the same manner and in the same amount as the members of the Commission, but he shall not be a member of the Commission. (c) The Court shall set a date for the hearing within five days of the time the petition is filed unless a continuance is granted for good cause. Notice of the hearing shall be served on the patient and his representatives in person or by registered or certified mail. The notice shall be accompanied by a plain and simple statement that the patient is entitled to counsel and that, if the patient cannot afford counsel, the Court will appoint counsel on request by the patient or his representative. (d) The Court may at any time during the proceedings order the sheriff of such county to take the patient in custody, if deemed necessary for the protection of the patient, or others, and provided that an affidavit is submitted by a physician that said patient is violent or for other reasons is liable to do physical harm to himself or others. It shall be the duty of the Court to have such patient examined within 24 hours by the county physician or a physician who is in active practice and who maintains a permanent office. (e) At any time during the pendency of the proceedings, at the request of the patient or his representatives, the Court shall order the patient to be examined by a designated Evaluating Facility. Upon such order, the patient shall be taken to the Evaluating Facility under the provisions of Section 88-502.14, where he shall be received under the provisions of Section 88-505.4.

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(f) At the time of the hearing, the Court shall inform the patient and his representatives of his right to counsel if counsel has not been employed or appointed. If the patient or his representatives request, the Court shall allow sufficient time for counsel to be employed and prepare for the case. If the patient cannot afford counsel, the Court shall appoint counsel and shall allow the appointed counsel sufficient time to prepare for the case. The hearing shall be held in as informal a manner as possible and in a setting which is not likely to have a harmful effect on the mental health of the patient. The Commission shall receive all relevant testimony and evidence. The physician who executed the certificate filed with the Court under Section 88-507.2 shall be a witness but his testimony may be made by deposition or, with the consent of the patient or his attorney, by affidavit. (g) Said examining committee shall file its written report with the Court within five days after completion of the examination hearing. If said examining committee's report is not unanimous to the effect that it finds the patient to be mentally ill and (1) that he is likely to injure himself or others if not hospitalized or (2) that he is incapable of caring for his physical health and safety, the Court without taking further action shall terminate the proceedings and dismiss the petition. (h) If the examining committee unanimously reports that the patient is mentally ill and (1) that he is likely to injure himself or others if not hospitalized or (2) that he is incapable of caring for his physical health and safety, the Court shall enter an order authorizing hospitalization of the patient. If the examining committee was convened by the Court under Section 88-507.3 (b), the hospitalization order shall require the patient to be transported, as provided in Section 88-502.14, to a Treatment Facility where he shall be admitted for care and treatment. If the examining committee was convened by the Court under Section 49-610, the hospitalization order shall require the patient to be transported, as provided in Section 88-502.14, to an Evaluating Facility where he shall be admitted

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for evaluation. The patient may be detained in the Evaluating Facility for five days. If two physicians who have examined the patient within that five-day period conclude that the patient is mentally ill and (1) that he is likely to injure himself or others if not hospitalized or (2) that he is incapable of caring for his physical health and safety, they shall execute a hospitalization certificate stating such conclusion. The patient shall then be transferred to a Treatment Facility, where he shall be admitted for care and treatment, if the superintendent of the Evaluating Facility so recommends by endorsing such recommendation upon the hospitalization certificate. The certificate shall be filed with the department and copies shall be served on the patient and his representatives as provided in Section 88-502.15. If a hospitalization certificate is not executed within the five-day period during which the Evaluating Facility is authorized to detain the patient or if the superintendent of the Evaluating Facility does not recommend that the patient be transferred to a Treatment Facility, the patient shall be discharged forthwith under the provisions of Section 88-505.6. (i) The hospitalization order and the report of the examining committee shall be delivered by the Court to the facility to which a patient is admitted under subsection (h) at or before the time the patient is admitted and shall be made a part of the patient's clinical record. (j) The Treatment Facility may retain a patient admitted under this Section for a period not to exceed six months. If continued hospitalization is necessary at the end of that period, the superintendent shall apply for an order authorizing such continued hospitalization under Section 88-506.6 GENERAL PROVISIONS 88-508.1. Authority of department to issue regulations. The department is hereby authorized to issue and enforce regulations to implement the provisions of this Chapter in accordance with the intent of this Chapter to safeguard the rights of the mentally ill. In addition to the other powers provided by this Chapter, the department shall

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have the authority to prescribe the forms of applications, records, medical certificates, and any other forms required or used under the provisions of this Chapter and the information required to be contained therein, to require such reports from superintendents as it may find necessary to the performance of its duties or functions, to visit regularly to review the hospitalization procedures applied to all patients, to determine the care and treatment being given any and all patients, to investigate complaints and make reports and recommendations relative to same, and make effective such procedures and orders as may be appropriate to carry out the provisions of this Chapter: Provided, however, that the requirements of this Section as to determination of treatment and care of patients and the investigation of complaints shall not apply to patients hospitalized in an institution operated by or under the control of the United States Veterans Administration or other federal agency. 88-508.2. Expenses of hearings; how paid .(a) The Ordinary shall draw his warrant upon the treasury of his county for such sum or sums as shall be actually necessary or requisite to defray the expense of proceedings pursuant to this Chapter and the services of any attorney appointed to represent a patient before the Court as provided for in this Chapter. Provided, however, that no money shall be drawn from the county treasury for the purposes herein set forth when the patient, his estate, or person or persons legally obligated or responsible for the support of such person shall be able or sufficient to defray such expenses. The cost on appeal to the Superior Court shall be the same as provided for in other appeals from the Court of Ordinary. (b) The total costs to be paid to the Court of Ordinary for a hearing provided for under Sections 88-505.3 and 88-506.4 shall be the sum of $40.00. (c) For the hearing under Section 88-507.3 the sum to be paid to the members of the examining committee shall not exceed $10.00 and actual expenses to each member. The total costs to be paid to the Court of Ordinary for such hearing shall be the sum of $25.00.

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(d) For any hearing under the provisions of this Chapter, the sum to be paid to an attorney appointed to represent the patient shall not exceed $10.00 and actual expenses. In exceptional circumstances, the attorney may apply to the Superior Court of the judicial circuit in which the hearing was held for an order granting reasonable fees in excess of the amount specified herein. 88-508.3. Compelling attendance of witnesses . The Court of Ordinary may issue subpoenas for witnesses to appear in proceedings authorized by this Chapter and on failure of the witnesses to attend may compel attendance in the manner provided by law. 88-508.4. Procedure upon discovery that individual is a nonresident .If a hospitalized patient is discovered not to be a `resident' as defined in Section 88-501 hereof, the superintendent of the Treatment Facility in which the patient is hospitalized shall seek his transfer to the custody of authorities of the State of his residence or to a publicly-owned or publicly-operated psychiatric hospital in the State of his residence. Provided, that nothing contained in this Section shall prevent the voluntary hospitalization of such individual under this Chapter for which due payment is made by such individual or others on his behalf or prevent the transfer, custody, care, or treatment of such individual in accordance with the terms of a reciprocal agreement between the State of Georgia and any other State, the District of Columbia, or Territory or Possession of the United States. This Section shall not apply to persons confined to any facility operated by or under the control of the United States Veterans Administration or other federal agency. 88-508.5. Hospitalization by an agency of the United States .(a) If a patient ordered to be hospitalized pursuant to this Chapter is eligible for hospital care or treatment by the United States Veterans Administration, the department, upon receipt of a certificate from such hospital showing that facilities are available and that the patient is eligible for diagnosis, care or treatment therein, may transfer him to the custody of such agency for hospitalization.

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When any such patient is admitted under this Section to any such hospital or institution within or without the State, he shall be subject to the rules and regulations of such agency. The chief medical officer of any hospital or institution operated by such agency in which the individual is so hospitalized shall with respect to such individual be vested with the same powers and duties as the superintendents of facilities within this State with respect to all matters within the provisions of this Chapter. Jurisdiction is retained in the appropriate courts of this State at any time to inquire into the mental condition of an individual so hospitalized, and to determine the necessity for continuance of his hospitalization, and to order his release and every transfer of a patient by the department pursuant to this Section is so conditioned. (b) An order of a court of competent jurisdiction of another State, Territory, or Possession, or of the District of Columbia authorizing hospitalization of a patient by any agency of the United States shall have the same force and effect as to the patient while in this State as in the jurisdiction in which is situated the Court entering the order; and the Courts of the State, Territory, Possession or District issuing such order shall be deemed to have retained jurisdiction of the patient so hospitalized, for the purpose of inquiring into his mental condition and of determining the necessity for continuance of his hospitalization, as is provided in subsection (a) of this Section with respect to patients ordered hospitalized by the courts of this State. Consent is hereby given to the application of the law of the State, Territory, Possession or District in which is located the Court issuing the order for hospitalization with respect to the authority of the chief medical officer of any hospital or institution operated in this State by the United States Veterans Administration or other federal agency to retain custody, transfer, furlough, or discharge the patient hospitalized: Provided, however, that the provisions of this subsection shall apply only to hospitalization in any hospital or institution operated in this State by the United States Veterans Administration or other federal agency.

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88-508.6. Private facilities .Any private facility within this State may be approved as a Private Emergency Receiving Facility, a Private Evaluating Facility, or a Private Treatment Facility by the department at the request of or with the consent of the governing officers of such private facility. When so approved, the private facility shall have all powers given to the corresponding type of facility under the provisions of this Chapter on Voluntary Admission, Emergency Admission, Admission for Evaluation, and Involuntary or Nonobjecting Hospitalization, and shall have all duties and obligations of such facilities imposed by this Chapter except that any such private facility may decline to accept any patient who is unable to pay for hospitalization in such private facility or for whom space is not available in such private facility. The Courts of Ordinary may order or authorize a patient to be hospitalized in any such private facility under this Chapter only with the prior agreement of such private facility to receive the patient, and with the approval of the patient and his representatives. 88-508.7. Validity of prior hospitalization orders .No hospitalization of a mentally ill person, lawful before the effective date of this Chapter, shall be deemed unlawful because of the enactment of this Chapter. The department is authorized to establish reasonable regulations to require that the superintendent of each Treatment Facility apply under Section 88-506.5 for an order authorizing continued hospitalization of any patient, for whom such hospitalization is necessary, who was initially hospitalized under an order of a Court of Ordinary prior to the effective date of this Chapter. Such prior orders of hospitalization entered by the Courts of Ordinary unless superseded by an order under this Chapter, shall remain valid until one year following the effective date of this Section, after which all such orders shall be null and void and of no effect. 88-508.8. Expenses for transporting and examining patients .The responsibility for paying the expenses for transporting patients and the expenses for examining and caring for patients which are not provided for under an Act approved March 23, 1960 (Ga. L. 1960, p. 1138, relating

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to the payment of costs of care of persons admitted to State institutions under the Georgia Department of Public Health, as amended, shall be in the following order: (a) The patient or his estate; (b) Persons legally obligated or legally responsible for the support of the patient; (c) The county of the patient's legal residence, provided that the county governing authority passes an appropriate resolution assuming such responsibility; (d) The department, when the General Assembly appropriates funds for such purpose. The department is hereby authorized to issue rules and regulations governing the provisions of this Section as it relates to said department. 88-508.9. Determination of applicable method of hospitalization .The governing authority of any county may determine that persons in the county shall be hospitalized only under the judicial admission provisions of Sections 88-507.2 through 88-507.3. In the absence of such a determination, the medical admission provisions of Sections 88-504.1 through 88-504.6; 88-505.1 through 88-505.7; and 82-506.1 through 88-506.4 shall be the only applicable method of hospitalization in that county. The determination that the judicial admission provisions shall constitute the applicable method of hospitalization shall be made by the governing authority of the county within its sole and absolute discretion after consultation with the Ordinary of that county and with the county board of health and shall establish the exclusive method of hospitalization to be used in that county. If the governing authority of any county determines, as provided in this Section, that the medical admission procedures shall not apply in that county, the sole method of hospitalization in that county, notwithstanding any other provision of law, shall be the judicial admission procedures provided in Sections 88-507.2 through 88-507.3. If a county elects to utilize only the judicial admission

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procedures as provided in this Section, notice of such election shall be given to the department by the governing authority. Not more often than annually, the governing authority of any county may reexamine the method of hospitalization utilized in that county and make a new determination, under the provisions of this Section, as to whether the medical admission procedures or the judicial admission procedures shall apply in that county. Notice of any change in the admission procedures employed in that county shall be given to the department. Section 2. Code Section 24-1901, relating to the subject matter jurisdiction of the Court of Ordinary, is hereby amended by striking the following: 9. The issuing of commissions of lunacy in conformity to law., and inserting in lieu thereof the following: Lunancy commission. 9. All such matters as may be conferred on them by Chapter 88-5. Section 3. Code Chapter 49-6, relating to the appointment of guardians, is hereby amended by striking Code Sections 49-604, 49-605, 49-606, 49-610, and 49-611 in their entirety and inserting in lieu thereof new Code Sections 49-604, 49-605, 49-606, 49-610, and 49-611, to read as follows: 49-604. Procedure for appointment of a guardian .Guardians for persons who are mentally ill, mentally retarded, or mentally incompetent to the extent that they are incapable of managing their estates may be appointed by the several Ordinaries as follows: (a) (1) At any time during procedures for the hospitalization of a patient under Chapter 88-5 or while a patient is hospitalized under such Chapter, any person in interest may file a petition under oath with the Court of Ordinary in the county of the patient's residence for the appointment of a guardian of the person or the property

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of the patient or both. The Court shall serve notice of the petition on the patient and his representatives under the provisions of Section 88-502.15. Upon the filing of such petition, the Court may request from the superintendent of any hospital where the patient is hospitalized an evaluation to determine whether or not the patient is mentally ill to the extent that he is incapable of managing his estate. (2) If the patient is hospitalized in an Evaluating Facility and if the Court, upon an affidavit of the superintendent of the Evaluating Facility stating that the patient is mentally ill and incapable of managing his estate, finds that a guardian must be appointed immediately in order to protect the estate, the Court may enter an ex parte order appointing a temporary guardian to serve so long as the patient is in the Evaluating Facility. Such guardianship shall terminate automatically upon transfer or discharge of the patient from the Evaluating Facility. (3) Unless only a temporary guardianship is sought under the provisions of subsection (a) (2), the petition filed under subsection (a) (1) shall be supported by the affidavit of a physician stating that the patient is mentally ill and incapable of managing his estate and the Court shall conduct a hearing under the procedures specified in Section 88-506.4, if hospitalization of the patient is being sought under Section 88-506.3; under the procedures specified in Section 88-507.3, if hospitalization is being sought under Section 88-507.2; or under the procedures specified in Section 88-506.4 if the patient is then hospitalized in a Treatment Facility. The Court may combine in one proceeding the hearings on the issue of hospitalization and on the issue of the appointment of a guardian. If the finding in such a hearing is that the patient is mentally ill to the extent he is incapable of managing his estate, the Court may appoint a guardian of the person or property of the patient or both. In such event the Court shall enter a written opinion stating its findings of fact. (b) In the case of a person for whom another person desires the appointment of a guardian but not an order of hospitalization, upon the filing of a petition under oath

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alleging that the person is mentally incompetent, resulting from mental illness or other causes, and is incapable of managing his estate, with a physician's certificate to like effect being attached to such application, the Court of Ordinary of the county in which the allegedly mentally incompetent person is found shall take jurisdiction. Thereafter, a hearing shall be held as provided in Section 88-507.3, and if the Commission finds that the person is mentally ill and incapable of managing his estate, the Court may appoint a guardian of the property or the person or both, provided that the Court shall not order the allegedly mentally incompetent person hospitalized. Guardians of persons mentally incompetent due to illness or other causes are authorized to arrange for a suitable place for their custody, care, treatment, or hospitalization in a humane manner, or to hospitalize them under the provisions of Section 88-503.1 if such a course shall be necessary in the interest of the welfare of such person or of the welfare of others of the community in which such person resides. 49-605. Notice to Ordinary of discharge from a Treatment Facility; subsequent order by Ordinary; procedure for termination of guardianship when ward is not hospitalized or if ward is restored to mental health to the extent he can manage his estate but remains hospitalized. (a) Any person who has been involuntarily hospitalized under Sections 88-506.3 or 88-507.2, or voluntarily hospitalized by his guardian under Section 88-503.1 for whom a guardian has been appointed and who has been discharged from the Treatment Facility as being restored to mental health shall be deemed to be restored to mental health to the extent that he is capable of managing his estate and no longer in need of a guardian. The superintendent of the Treatment Facility, upon the release of the person restored to mental health shall notify the Court of Ordinary which appointed the guardian of such person. The judge of the Court of Ordinary, before the expiration of 30 days from the date of receipt of said notice shall enter an order declaring such person restored to mental health and capable of managing his estate and the guardian of such person shall forthwith deliver over to such person his property, money and other effects in the hands of such guardian.

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(b) Any person who has been restored to mental health to the extent that he is capable of managing his estate after having had a guardian appointed for his person or property may, personally or by attorney, petition the Ordinary of the county in Georgia where such person legally resides, setting forth the facts and praying for a judgment terminating the guardianship. Such petition may be brought even though such person is still subject to an order of hospitalization under Chapter 88-5. Such petition shall be accompanied by a certificate of a physician stating that he has personally examined such person and is of the opinion that such person is no longer mentally ill to the extent that he is incapable of managing his estate. Thereafter, upon notice to the guardian and the representatives of such person as required by Section 88-507.3, a hearing shall be set on the issue of whether such person is no longer mentally ill to the extent that he is incapable of managing his estate. If the guardianship was ordered following a hearing under Section 88-506.4, the hearing on the termination shall be held under the procedures of Section 88-506.4. If the guardianship was ordered following a hearing under Section 88-507.3, the hearing on the termination shall be held under the procedures of Section 88-507.3. The Court of Ordinary shall enter its order either denying or granting such petition, with further rights of appeal from the order of the Court of Ordinary as provided in Section 88-502.16. 49-606. Validity of prior guardianships. No guardianship, lawful before the date of the amendment of Section 49-604 by this Act, shall be deemed unlawful because of said amendment, and any such guardianship shall continue subject to the provisions for termination of guardianship as provided in Section 49-605. It is the intent of this Section that from the effective date of Chapter 88-5 all orders respecting the guardianship of the mentally ill shall be governed by the provisions of this Chapter but that no new proceedings need be instituted for the continuation of guardianship pursuant to laws existing prior to the effective date of Chapter 88-5. 49-610. Examining committee in certain counties. In any county where there shall be only one physician licensed

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to practice medicine under the Georgia Medical Practice Act (Chapter 84-9) residing in the county, the committee provided for in Section 49-604 and Section 88-507.3 may be a committee of six reputable persons, one of whom shall be such physician and the remaining five shall be qualified jurors of the county not related to any person at interest in said cause. If no physician is available, an examining committee of six reputable persons who are residents of the county and qualified jurors thereof shall be appointed. The examining committee appointed as provided herein shall make an examination and report its findings as provided in Section 49-604 and Section 88-507.3. 49-611. Compensation; how paid. The Ordinary shall draw his warrant upon the treasurer of his county for such sum or sums as shall be actually necessary or requisite to defray the expenses of the hearing provided for in Section 49-610 in the same sum or sums as provided for in Section 88-508.2, except that the members qualified as jurors of the county shall be paid the same as paid for traverse jury duty in the county of hearing. Section 4. Said Code Chapter 49-6 is further amended by repealing Code section 49-612, relating to the confinement of insane persons, in its entirety. Code 46-612 repealed. Section 5. The provisions of Sections 88-502.1 through 88-502.18, relating to the rights of patients of Section 1 of this Act and Section 4, relating to repealing Code Section 49-612, shall become effective on June 1, 1969. All other provisions of this Act shall become effective on January 1, 1970. Effective date. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 21, 1969.

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INSTALLATION OF BOILERS AND PRESSURE VESSELS. No. 366 (House Bill No. 514). An Act to require safe construction and installation of boilers and pressure vessels; to provide for the safety of persons and property; to provide for exceptions; to provide for penalties; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. No boiler or pressure vessel shall be constructed or installed in the State of Georgia which does not satisfy the design specifications of the American Society of Mechanical Engineers Boiler and Pressure Vessel Code. Standards. Section 2. A boiler or pressure vessel of special design or construction not inconsistent with the operation and safety objectives of the provisions of section 1 may be installed if approved by the Commissioner of Labor. Exceptions. Section 3. Any person who violates the provisions of this Act shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined $1,000.00. This Act shall not apply to vessels with pressures of 40 pounds or less. Crimes. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 21, 1969. STATE BUILDING ADMINISTRATIVE BOARD. No. 367 (House Bill No. 905). An Act to create a State Building Administrative Board; to provide for membership of the Board; to provide for terms of office; to provide for compensation of Board

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members; to authorize the Board to adopt rules and regulations; to authorize the Board to adopt a standard housing code, a standard building code, a standard plumbing code, a standard air conditioning and heating (warm air and hydronic) code, a standard electrical code, and a standard gas code; to provide standards for adopting such codes; to provide the procedure connected therewith; to provide for amendments, modifications, and new provisions to update such standard codes; to provide for distribution of such standard codes; to provide for permissive adoption of such codes by municipalities and counties; to provide for the effect of the provisions of such codes on existing local codes; to authorize municipalities and counties to adopt the provisions of this Act relating to such codes, their local administration and enforcement; to authorize the Board to adopt a seal; to provide for the effect on certain laws; to provide for the application of this Act; to provide for the severability of the provisions of this Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Intent. Recognizing that the citizens of this State must be protected against faulty design, erection, or construction of houses, buildings, and other similar structures, and recognizing that the public health, safety, and general welfare require that occupants, adjoining property owners, neighbors, and passers-by be protected from faulty construction or design of houses, buildings, and other similar structures that are likely to collapse or lead to unhealthy or unsanitary conditions, or constitute a special hazard to property or to life and safety of persons on account of fire or panic caused by a fear of fire, it is the intent and purpose of this Act to establish State standard minimum codes including building, housing, plumbing, air conditioning and heating (warm air and hydronic), electrical, gas or similar codes, and to authorize the governing authority of any municipal corporation and the governing authority of any county to adopt such State standard minimum codes. Section 2. State Building Administrative Board Created:

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Membership and Terms of Office. Be it further enacted that, there is hereby created a Board to be known as the State Building Administrative Board, hereinafter referred to as the Board. Said Board shall be composed of five (5) members as follows: (1) The Georgia Safety Fire Commissioner, or his designee as an ex-officio member with full voting privileges. (2) The Director of the Department of Public Health or his designee as an ex-officio member with full voting privileges. (3) The Secretary of State or his designee as an ex-officio member with full voting privileges. (4) One representative from municipal government appointed by the Governor from a list of three names submitted to him by the Board of Directors of the Georgia Municipal Association. (5) One representative of county government appointed by the Governor from a list of three names submitted to him by the Board of Directors of the Association County Commissioners of Georgia. Membership on the Board does not constitute public office and no member shall be disqualified from holding public office by reason of his membership. All appointments shall be for a term of four years. A member shall serve until his successor has been duly appointed and qualified. The Governor shall make appointments to fill the unexpired portions of any terms vacated for any reason. In making such appointments, the Governor shall preserve the composition of the Board as required by the provisions of this Act. Any appointive member who shall during his term cease to meet the qualification for original appointment shall thereby forfeit his membership on the Board. The Governor shall have a period of thirty (30) days from the effective date of this Act to appoint the members from the Georgia Municipal Association and the

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Association County Commissioners of Georgia. If these organizations fail to submit names within the time described the Governor shall proceed to appoint one representative from each association without their recommendation. Section 3. Be it further enacted that, the members of the Board shall receive no salary but shall be reimbursed for their reasonable and necessary expenses actually incurred in the performance of their functions. Compensation. Section 4. Organization of the Board; First Meeting, Organization, Rules and Regulations. Be it further enacted that, 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 a chairman and 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 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. Four (4) members of the Board shall constitute a quorum. Section 5. Codes: Preparation and Adoption. Be it further enacted that the Board shall have the authority to appoint from among its members, a division to be charged with the preparation of a housing code; a division to be charged with the preparation of a building code; a division to be charged with the preparation of a plumbing code; a division to be charged with the preparation of an air conditioning and heating (warm air and hydronic) code; a division to be charged with the preparation of an electrical code; and a division to be charged with the preparation of a gas code. Each of said prepared codes shall be submitted to and approved by a majority of the members of the Board. The Board shall establish a task force composed of members of the trades and industries affected by each code to advise

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the Board in the preparation of and adoption of each such code and amendments thereto. A. Housing Code Division. 1. This division shall prepare a minimum standard Housing Code to be known as the Georgia State Housing Code. Prior to the adoption of this code or any part thereof, the Board or the division shall conduct such public hearings as are required by the provisions of the Georgia Administrative Procedure Act (Ga. L. 1964, p. 338), for the adoption of rules. Such public hearings shall be conducted at such places and on such dates and at such times as may be determined by the Board or division. 2. Contents of the Code. The Board shall include in the Georgia State Housing Code provisions establishing standards and procedures affecting the habitability and sanitary conditions of private premises and structures. 3. Standards and procedures to be followed in adopting the Code. The Georgia State Housing Code shall have a reasonable and substantial connection with the public health, safety, or general welfare and its provisions shall be construed liberally to those ends. Requirements of the Code shall conform to good engineering practice, as evidenced generally by the requirements of the Southern Standard Housing Code; the BOCA Housing Code; and similar national agencies engaged in research concerning materials, design, or other factors bearing on the habitability and sanitary conditions of houses, buildings, and other structure. B. Building Code Division. 1. This division shall prepare a minimum standard building code to be known as the Georgia State Building Code. Prior to the adoption of this code or any part thereof, the Board of the division shall conduct such public hearings as are required by the provisions of the Georgia Administrative Procedure Act (Ga. L. 1964, p. 338), for the adoption of rules. Such public hearing shall be conducted at

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such places and on such dates and at such times as may be determined by the Board or division. 2. Contents of the Code. The Board shall include in the Georgia State Building Code provisions establishing standards and procedures affecting the design, erection and construction of buildings and structures. 3. Standards and procedures to be followed in adopting the Code. The Georgia State Building Code shall have a reasonable and substantial connection with the public health, safety, or general welfare and its provisions shall be construed liberally to those ends. Requirements of the Code shall conform to good engineering practice, as evidenced generally by the requirements of the Southern Standard Building Code; the National Building Code; the BOCA Building Code; and similar national agencies engaged in research concerning materials, design, or other factors bearing on the design, erection, and construction of buildings and other structures. C. Plumbing Code Division. 1. This division shall prepare a minimum standard plumbing code to be known as the Georgia State Plumbing Code. Prior to the adoption of this code or any part thereof, the Board or the division shall conduct such public hearings as are required by the provisions of the Georgia Administrative Procedure Act (Ga. L. 1964, p. 338), for the adoption of rules. Such public hearings shall be conducted at such places and on such dates and at such times as may be determined by the Board or division. 2. Contents of the Code. The Board shall include in the Georgia State Plumbing Code provisions establishing standards and procedures affecting the installation of plumbing and plumbing materials. 3. Standards and procedures to be followed in adopting the Code. The Georgia State Plumbing Code shall have a reasonable and substantial connection with the public health, safety, or general welfare, and its provisions shall be construed

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liberally to those ends. Requirements of the Code shall conform to good engineering practice, as evidenced generally by the requirements of the Southern Standard Building Code, Part III, Plumbing; the National Plumbing Code; Standards Promulgated by the U. S. American Standards Institute; Underwriter's Laboratory, Inc.; or similar national agencies engaged in research concerning materials, design, and other factors bearing on plumbing and plumbing systems. D. Air Conditioning and Heating (Warm Air and Hydronic) Code Division. 1. This division shall prepare an air conditioning and heating (warm air and hydronic) code for State-wide application and to be known as the Georgia State Air Conditioning and Heating Code. Prior to the adoption of this code or any part thereof, the Board or division shall conduct such public hearings as are required by the provisions of the Georgia Administrative Procedures Act (Ga. L. 1964, p. 338), for the adoption of rules. Such public hearings shall be conducted at such places and on such dates at such times as may be determined by the Board or division. 2. Contents of the Code. The Board shall include in the Georgia State Air Conditioning and Heating Code provisions establishing standards and procedures affecting the installation of heating and cooling systems and heating and cooling materials. 3. Standards and procedures to be followed in adopting the Code. The Georgia State Air Conditioning and Heating Code shall have reasonable and substantial connection with the public health, safety, or general welfare and its provisions shall be construed liberally to those ends. Requirements of the Code shall conform to good engineering practices, as evidenced by the requirements of the American Society of Heating, Refrigerating and Air Conditioning Engineers; The American Gas Association; and the requirements of the ASME Boiler and Pressure Vessel Code or the ASA Code for pressure piping; or similar national agencies

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engaged in research concerning materials, design, and other factors bearing on air conditioning and heating. E. Electrical Code Division. 1. This division shall prepare an electrical code for statewide application and to be known as the Georgia State Electrical Code. Prior to the adoption of this code or any part thereof, the Board or division shall conduct such public hearings as are required by the provisions of the Georgia Administrative Procedure Act (Ga. L. 1964, p. 338), for the adoption of rules. Such public hearings shall be conducted at such places and on such dates at such times as may be determined by the Board or division. 2. Contents of this Code. The Board shall include in the Georgia State Electrical Code provisions establishing standards and procedures affecting the installation of electrical systems and electrical materials. 3. Standards and procedures to be followed in adopting the Code. The Georgia State Electrical Code shall have reasonable and substantial connection with the public health, safety, or general welfare and its provisions shall be construed liberally to those ends. Requirements of the Code shall conform to good engineering practices, as evidenced by the requirements of the National Electrical Code; Standards Promulgated by the U. S. American Standards Institute; Underwriter's Laboratory, Inc.; or similar national agencies engaged in research concerning materials, design, and other factors bearing on electricity and electrical systems. F. Gas Code Division. 1. This division shall prepare a minimum standard gas code to be known as the Georgia State Gas Code. Prior to the adoption of the Code or any part thereof, the Board or division shall conduct such public hearings as are required by the provisions of the Georgia Administrative Procedure Act (Ga. L. 1964, p. 338), for the adoption of rules. Such public hearings shall be conducted at such places and on

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such dates and at such times as may be determined by the Board or division. 2. Contents of the Code. The Board shall include in the Georgia State Gas Code provisions establishing standards and procedure affecting the installation of gas systems and gas materials. 3. Standards and Procedures to be followed in adopting the code. The Georgia State Gas Code shall have a reasonable and substantial connection with the public health, safety, or general welfare and its provisions shall be construed liberally to those ends. Requirements of the Code shall conform to good engineering practice, as evidenced generally by the requirements of the Southern Standard Gas Code and similar national agencies engaged in research concerning materials, design, or other factors bearing on gas and gas systems. G. Amendments, Effect on Existing Codes, Distribution. 1. The Board may, from time to time, revise and amend the Georgia State Housing Code, the Georgia State Building Code, the Georgia State Plumbing Code, the Georgia State Air Conditioning and Heating Code, the Georgia State Gas Code, or the Georgia State Electrical Code, either on its own motion or upon application from any citizen, State agency, or political subdivision of the State. In adopting any amendment, the Board shall comply with the same procedural requirements and the same standards as set forth above for the adoption of the Code. Amendments. 2. The Board shall make copies of the Georgia State Housing Code, the Georgia State Building Code, the Georgia State Plumbing Code, the Georgia State Air Conditioning and Heating Code, the Georgia State Electrical Code, and the Georgia State Gas Code, and each amendment to each such code, available to members of the general public at such price as it shall deem reasonable to defray the costs of publication and handling. Copies.

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3. The Georgia State Housing Code, the Georgia State Building Code, the Georgia State Plumbing Code, the Georgia State Air Conditioning and Heating Code, the Georgia State Electrical Code, and the Georgia State Gas Code, as approved by the Board, shall be adopted by rule and regulation and shall be valid and in full force and effect. Rules. 4. Amendments, Modifications and New Provisions: The Board, upon request by the housing, building, plumbing, air conditioning and heating, electrical, or gas divisions or interested parties shall pass on and either approve or reject all proposed amendments, modifications, or new provisions under such code. Upon approval by a majority of the Board, each such amendment, modification or new provision shall be held to be in full force and effect just as if it were included in the original adopted code. Prior to the adoption of any proposed amendment, modification, or new provision the Board or division shall conduct public hearings as are required by the provisions of the Georgia Administrative Procedure Act (Ga. L. 1964, p. 338) for the adoption of rules. Such public hearings shall be conducted at such places and on such dates and at such times as may be determined by the Board or divisions. H. Effect on Existing Standard Codes. This Chapter shall become effective upon the adoption by the governing authority of a municipality or a county of any one or all of the State codes promulgated by the Board. Any municipality or county which, prior to the effective date of this Act, has adopted codes pursuant to charter amendment, local laws, or any statute having general application, may continued to operate under such codes. All powers and authority granted to municipalities and counties by this Act shall be cumulative. Such powers and authority shall be in addition to all other powers and authority municipalities and counties now possess. Effective date. Any county resolution or municipal ordinance legally enacted under the authority of any such statute as stated above, shall remain in force and effect after this Act has become effective until the county or municipality by affirmative

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Act of the governing authority has adopted the Georgia Standard minimum codes as promulgated by the Board. I. Authority to Adopt Standard Codes. The governing authority of any municipality and the governing authority of any county in this State is hereby authorized to adopt such State minimum standard codes; to provide for the local administration of such codes; to provide for local enforcement of such codes; to require building permits and fixing charges therefor, and to provide for the inspection of buildings or similar structures to insure compliance with the standard codes. Said governing authorities may contract with each other or with the State to administer such codes, and to provide inspection and enforcement personnel and services necessary to insure compliance with the code. J. Act Not to Affect Certain Laws. Nothing in this Act shall be construed to prohibit or abrogate the adoption of any lawful ordinance, regulation or resolution, which is more restrictive than the provisions of the State minimum standard codes. Section 6. Inspection and Enforcement. Be it further enacted that the governing body of each municipality and each county adopting any State minimum standard code is authorized to adopt by ordinance or resolution any reasonable provisions for the enforcement of said codes, including procedural requirements, providing for hearings, providing for appeals from decisions of local inspectors, and any other provisions or procedures necessary to the proper administration, inspection and enforcement of the requirements of such codes. Said governing authorities are hereby authorized to employ inspectors, including chief and deputy inspectors, and any other personnel necessary to the proper enforcement of such codes; and to provide for the authority, functions, and duties of such inspectors. The governing authority of each county and municipality is hereby authorized to contract with any other county or municipality,

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under which the parties agree to utilize county or municipal inspectors or both to enforce the provisions of the State minimum standards codes within their respective jurisdictions. Section 7. Licenses. Be it further enacted that each municipality and each county adopting the State minimum standard codes as provided by this Act is hereby authorized to establish a local licensing authority consisting of not less than three members appointed by the governing body, which local licensing authority shall have the power to examine and license persons engaged in the installation, alteration and repair of plumbing, air conditioning and heating, or electrical systems unless otherwise provided by law. The local licensing authority is hereby authorized to adopt such procedures, rules or regulations reasonably necessary to locally administer examinations to and license said craftsmen. Section 8. Seal. Be it further enacted that the Board may adopt an official seal for its use, and change it at pleasure. Section 9. Effect on Certain Laws. Be it further enacted that nothing in this Act shall repeal or be construed as abrogating or otherwise affecting the power of any State Department or agency to promulgate regulations, make inspections, or approve plans in accordance with any other applicable provisions of law. Section 10. Application to Provisions of this Act. Be it further enacted that the provisions of this Act shall apply to all installations, alterations and repairs of plumbing, air conditioning and heating, or electrical systems within or on public or private buildings, structures or premises except as hereinafter provided: A. The provisions of this Act shall not apply to the installations, alteration or repair of plumbing, air conditioning and heating, or electrical services up to and including the meters where such work is performed by or is an integral part of the system owned or operated by a public service

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corporation or the water, or gas department of any city in this State, in rendering its duly authorized service as such. B. The provisions of this Act shall not apply to the installation, alteration or repair of plumbing, air conditioning and heating, or electrical systems, where such work is an integral part of the system owned or operated, in rendering its duly authorized service as such, by a railroad company, pipeline company, mining company, public utility in the exercise of its normal functions as a public utility, or where such work is an integral part of any irrigation system on farms, ranches, or other open, unpopulated areas where such work will not be located within thirty (30) feet of any dwelling or any building devoted to animal husbandry. C. The provisions of this Act shall not prohibit an individual from installing, altering or repairing plumbing, plumbing fixtures, air conditioning and heating, air conditioning and heating fixtures, or electrical services in a single family dwelling owned and occupied by him. Provided, however, all such work must be done in conformity with all other provisions of this Act and the orders, rules and regulations of the Board. D. The provisions of this Act shall not prohibit an individual from installing, altering or repairing plumbing, plumbing fixtures, air conditioning and heating fixtures, or electrical services in a farm or ranch building owned or occupied by him. Provided, however, all such work must be done in conformity with all other provisions of this Act and the orders, rules and regulations of the Board. Section 11. Be it further enacted 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 section, subsection, 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

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such part or parts hereof would be declared or adjudged invalid or unconstitutional. Severability. Section 12. Be it further enacted that all laws and parts of laws in conflict with this Act are hereby repealed. Repealer. Approved April 21, 1969. CHEROKEE JUDICIAL CIRCUITTERMS. No. 368 (House Bill No. 73). An Act to amend an Act entitled An Act to provide for the terms of the superior courts of the counties of the Cherokee Judicial Circuit; to provided an effective date; to repeal conflicting laws; and for other purposes., approved March 10, 1959 (Ga. L. 1959, p. 186), so as to change the terms of the Gordon County superior court; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to provide for the terms of the superior courts of the counties of the Cherokee Judicial Circuit; to provide an effective date; to repeal conflicting laws; and for other purposes., approved March 10, 1959 (Ga. L. 1959, p. 186), is hereby amended by striking from section 1 the following: Gordon CountyFirst Mondays in March and September. Fourth Mondays in May and November., and by inserting in lieu thereof the following: Gordon CountyFirst Mondays in March and December. Second Monday in September. Fourth Monday in May., so that when so amended, section 1 shall read as follows: Section 1. The terms of the Superior Courts of the

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Counties comprising the Cherokee Judicial Circuit shall be as follows: Bartow CountyFirst Mondays in February and August. Fourth Mondays in April and October. Gordon CountyFirst Mondays in March and December. Second Monday in September. Fourth Monday in May. Murray CountyThird Mondays in February and August. Second Mondays in May and November. Whitfield CountySecond Mondays in January and July. First Mondays in April and October. Provided, however, that the presiding judge of the Superior Court of Murray County shall draw grand juries for the February and August terms of said court, and in his discretion, he may draw grand juries for the May and November terms, either in term time or vacation. In the event he does not draw a grand jury for the May term, the grand jury for the February term shall, in the discretion of the judge, be continued until the grand jury for the August term is drawn. In the event he does not draw a grand jury for the November term, the grand jury for the August term shall, in the discretion of the judge, be continued until the grand jury for the February term is drawn. The presiding judge of said court, in his discretion, may not require a trial jury to attend the May or November terms of said court if the pending business, in the opinion of said judge, does not require the presence of a trial jury. Section 2. This Act shall become effective when approved by the Governor or when it otherwise becomes law. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 23, 1969.

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STONE MOUNTAIN JUDICIAL CIRCUITSUPPLEMENT TO SALARY OF DISTRICT ATTORNEY, ETC. No. 370 (House Bill No. 190). An Act to provide that the governing authorities of the counties comprising the Stone Mountain Judisial Circuit may provide a supplementary salary, provide additional personnel, and to pay any expenses connected with the operation of the office of the district attorney within each county as may be necessary to ensure orderly and efficient operation of that office. Be it enacted by the General Assembly of Georgia: Section 1. Effective July 1, 1969, governing authorities of any county or combination of counties comprising the Stone Mountain Judicial Circuit may provide a supplementary salary for the district attorney of that circuit and may provide additional personnel to assist him as may be necessary to ensure the orderly and effecient operation of the office of the district attorney, and may provide all necessary offices, utilities, telephone expenses, materials, supplies, and travel expenses as may be necessary to equip, maintain and furnish the office of the district attorney of each county's superior court. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 23, 1969. INSURANCE PREMIUM FINANCE COMPANY ACT. No. 379 (House Bill No. 453). An Act to provide for the licensing and regulation of the business of insurance premium financing; to provide for a short title; to provide those institutions, associations and entities to which this Act shall not apply; to provide

Page 562

for the definition of certain terms; to provide for the licensing of persons who engage in the business of financing insurance premiums; to provide for the revocation and suspension of licenses; to provide for the maintenance of books and records by licensee, to authorize the Commissioner to make rules and regulations for the purpose of enforcing this Act; to provide for the form of premium finance agreements; to provide for the service charges which may be collected; to provide for the cancellation of insurance contracts upon default; to provide for the application of unearned premiums; to provide all of 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. Short Title. This Act shall be known and may be cited as the Insurance Premium Finance Company Act. Section 2. Application. The provisions of this Act shall not apply with respect to: (a) Any insurance company authorized to do business in the State of Georgia or any licensed resident local agent as to premiums on business produced by such agent; (b) Any bank, trust company, savings and loan association, credit union or other lending institution authorized to transact business in this State that does not possess or acquire any right, title or interest with respect to the insurance policy for which the premiums are financed other than in the proceeds thereof in the event of loss; (c) The inclusion of a charge for insurance in connection with an installment sale in accordance with Georgia Code Chapter 96-9. (d) The financing of insurance premiums in this State in accordance with the provisions of Georgia Code Chapter 57-1 relating to rates of interest.

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(e) Insurance premiums in connection with the kinds of business defined in Sec. 56-402 (life insurance) and Sec. 56-404 (accident and sickness insurance) of the Georgia Insurance Code (Acts 1960 pp. 289, 326 and pp. 289, 327). Section 3. Definitions. For the purposes of this Act (a) Insurance premium finance company means a person engaged in the business of entering into insurance premium finance agreements. (b) Insurance premium finance agreement means an agreement by which an insured or prospective insured promises to pay to a premium finance company the amount advanced or to be advanced under the agreement to an insurer or to an insurance agent or insurance broker in payment of premiums on an insurance contract together with a service charge as authorized and limited by this Act. (c) Licensee means an insurance premium finance company holding a license issued by the Commissioner under this Act. (d) Commissioner means the State Insurance Commissioner. Section 4. Licenses. No person shall engage in the business of financing insurance premiums in this State without first having obtained a license as a premium finance company from the Commissioner. Any person who shall engage in the business of financing insurance premiums in this State without obtaining a license as provided hereunder shall, upon conviction, be subject to a fine of not more than $200.00. The annual license fee shall be $100.00. Licenses may be renewed from year to year as of March 1 of each year upon payment of the fee of $100.00. The fee for said license shall be paid to the Commissioner for the use of the State. Before any licensee changes his address he shall return his license to the Commissioner who shall endorse the license indicating the change.

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The person to whom the license or the renewal thereof may be issued shall file sworn answers, subject to the penalties of perjury, to such interrogatories as the Commissioner may require. The Commissioner shall have authority, at any time, to require the applicant fully to disclose the identity of all stockholders, partners, officers and employees, and he may, in his discretion, refuse to issue or renew a license in the name of any firm, partnership or corporation if he is not satisfied that any officer, employee, stockholder, or partner thereof who may materially influence the applicant's conduct meets the standards of this Act. Section 5. Action by Commissioner on application. Upon the filing of an application and the payment of the license fee, the Commissioner shall make an investigation of each applicant and shall issue a license if he finds the applicant is qualified in accordance with this Act. If the Commissioner does not so find, he shall, within 30 days after he has received such application, so notify the applicant and, at the request of the applicant, give the applicant a full hearing. The Commissioner shall issue or renew a license as may be applied for when he is satisfied that the person to be licensed (a) Is competent and trustworthy and intends to act in good faith in the capacity involved by the license applied for; (b) Has a good business reputation and has had experience, training, or education so as to be qualified in the business for which the license is applied for; and (c) If a corporation is a corporation, incorporated under the laws of this State or a foreign corporation, authorized to transact business in this State. Section 6. Revocation and suspension of licenses. The Commissioner may revoke or suspend the license of any premium finance company when and if after investigation the Commissioner finds that:

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(a) Any license issued to such company was obtained by fraud; (b) There was any misrepresentation in the application for the license; (c) The holder of such license has otherwise shown himself untrustworthy or incompetent to act as a premium finance company; (d) Such company has violated any of the provisions of this Act. Before the Commissioner shall revoke, suspend, or refuse to renew the license of any premium finance company, he shall give to such person an opportunity to be fully heard and to introduce evidence in his behalf. In lieu of revoking or suspending the license for any of the causes enumerated in this Section, after hearing, as herein provided, the Commissioner may subject such company to a penalty of not more than $200.00 for each offense when, in his judgment, he finds that the public interest would not be harmed by the continued operation of such company. The amount of any such penalty shall be paid by such company to the Commissioner for the use of the State. At any hearing provided by this Section, the Commissioner shall have authority to administer oaths to witnesses. Anyone testifying falsely, after having been administered such oath, shall be subject to the penalty of perjury. Any action of the Commissioner in refusing to issue or renew a license shall be subject to review as provided in Chapter 56-2. Section 7. Books and records. Every licensee shall maintain records of its premium finance transactions and the said records shall be open to examination and investigation by the Commissioner. The Commissioner may, at any time, require any licensee to bring such records as he may direct to the Commissioner's office for examination. Every licensee shall preserve its records of such premium finance transactions, including cards used in a card system for at least three years after making the final entry in respect

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to any premium finance agreement. The preservation of records in photographic form shall constitute compliance with this requirement. Section 8. Power to make rules. The Commissioner may make and enforce such reasonable rules and regulations as may be necessary in making effective the provisions of this Act, but such rules and regulations shall not be contrary to nor inconsistent with the provisions of this Act. Section 9. Form of premium finance agreement. A premium finance agreement shall (a) Be dated, signed by or on behalf of the insured, and the printed portion thereof shall be in at least eight-point type; (b) Contain the name and place of business of the insurance agent or insurance broker negotiating the related insurance contract, the name and residence of place of business of the insured as specified by him, the name and place of business of the premium finance company to which payments are to be made, a description of the insurance contracts involved and the amount of the premium therefor; and (c) Set forth the following items, where applicable: (1) The total amount of the premiums; (2) The amount of the down payment; (3) The principal balance (the difference between items (1) and (2); (4) The amount of the service charge, including the additional charge of up to $10.00; (5) The balance payable by the insured (sum of items (3) and (4)); and

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(6) The number of payments required, the amount of each payment expressed in dollars, and the due date or period thereof. The items set out in subsection (c) of this section need not be stated in the sequence or order in which they appear in such clause, and additional items may be included to explain the computations made in determining the amount to be paid by the insured. The licensee or the insurance agent or insurance broker shall deliver to the insured, or mail to him at his address shown in the agreement, a complete copy of the agreement. Section 10. Maximum service charge. A premium finance company shall not charge, contract for, receive, or collect a service charge other than as permitted by this Act. The service charge shall be computed on the balance of the premiums due (after subtracting the down payment made by the insured in accordance with the premium finance agreement) from the effective date of the insurance coverage, for which the premiums are being advanced, to and including the date when the final payment of the premium finance agreement is payable. The service charge shall be a maximum of $7.00 per $100.00 per annum plus an additional charge, which shall not exceed $10.00 per premium finance agreement, which additional charge need not be refunded upon prepayment. However, any insured may prepay his premium finance agreement in full at any time before due date of the final payment and in such event the unearned service charge shall be refunded in accordance with the Rule of 78 and shall represent at least as great a proportion of the service charge, if any, as the sum of the periodic balances after the month in which prepayment is made bears to the sum of all periodic balances under the schedule of payments in the agreement. Section 11. Delinquency charges. A premium finance agreement may provide for the payment by the insured of

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a delinquency charge of $1.50 to a maximum of 5% of the delinquent payment, but not to exceed $5.00 on any payment which is in default for a period of five days or more. If the default results in the cancellation of any insurance contract listed in the agreement, the agreement may provide for the payment by the insured of a cancellation charge; such charge shall be $5.00, less any delinquency charge on the payment in default. Section 12. Cancellation of insurance contract upon default (a) When a premium finance agreement contains a power of attorney enabling the premium finance company to cancel any insurance contract or contracts listed in the agreement, the insurance contract or contracts shall not be canceled by the premium finance company unless such cancellation is effectuated in accordance with this section. (b) Not less than 10 days' written notice shall be mailed to the insured of the intent of the premium finance company to cancel the insurance contract unless the default is cured within such 10-day period. A copy of said notice shall also be sent to the insurance agent or insurance broker indicated on the premium finance agreement. (c) After expiration of such 10-day period, the premium finance company may thereafter in the name of the insured, cancel such insurance contract or contracts by mailing to the insurer a notice of cancellation, and the insurance contract shall be canceled as if such notice of cancellation had been submitted by the insured himself, but without requiring the return of the insurance contract or contracts. The premium finance company shall also mail a valid notice of cancellation to the insured at his last known address and to the insurance agent or insurance broker indicated on the premium finance agreement. (d) All statutory, regulatory, and contractual restrictions providing that the insurance contract may not be canceled unless notice is given to a governmental agency, mortgagee, or other third party shall apply where cancellation is effected under the provisions of this Section. The insurer shall give the prescribed notice in behalf of itself

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or the insured to any governmental agency, mortgagee, or other third party on or before the second business day after the day it receives the notice of cancellation from the premium finance company and shall determine the effective date of cancellation taking into consideration the number of days required to complete the cancellation. Section 13. Application of unearned premiums. (a) Whenever a financed insurance contract is canceled, the insurer, on written notice of such financing, shall return whatever unearned premiums are due under the insurance contract to the premium finance company, either directly or via the agent, agency or broker placing the insurance, for the account of the insured or insureds. (b) In the event that the crediting of return premiums to the account of the insured results in a surplus over the amount due from the insured, the premium finance company shall refund such excess to the insured via his insurance agent, agency or broker, provided that no such refund shall be required if it amounts to less than $1.00. Section 14. Exemption from any filing requirements. No filing of the premium finance agreement shall be necessary to perfect the validity of such agreement as a secured transaction as against creditors, subsequent purchasers, pledgees, encumbrancers, successors, or assigns. Section 15. Effective date. This Act shall become effective on July 1, 1969. Section 16. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 23, 1969.

Page 570

GENERAL ASSEMBLYFISCAL NOTES FOR BILLS RELATING TO PENSIONS, ETC. No. 399 (House Bill No. 652). An Act to amend an Act relating to the introduction of bills relative to retirement, pension and emeritus systems in the General Assembly and requiring fiscal notes thereof, approved March 16, 1966 (Ga. L. 1966, p. 573), so as to require a fiscal note from the principal administrative officer of certain retirement systems; to provide additional requirements for the content of fiscal notes; to provide for the distribution of fiscal notes to members of the General Assembly; 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 relating to the introduction of bills relative to retirement, pension and emeritus systems in the General Assembly and requiring fiscal notes thereof, approved March 16, 1966 (Ga. L. 1966, p. 573), is hereby amended by striking in its entirety section 2 and substituting in lieu thereof a new section 2 to read as follows: Section 2. The chairman of the committee to which any such bill is referred shall request the State Budget Officer, the State Auditor, and the principal administrative officer of the retirement, pension or emeritus system affected, to furnish a fiscal note as to the fiscal effect of such bill. The chairman shall make such requests not later than the day after such bill is referred to his committee and the request shall be complied with by the State Budget Officer, the State Auditor and the appropriate principal administrative officer not more than five (5) days after receipt of such requests. The State Auditor and State Budget Officer shall jointly prepare their fiscal note, and if there is a difference of opinion between such officials, it shall be noted in the fiscal note. The appropriate principal administrative officer of the retirement, pension or emeritus system involved shall prepare a separate fiscal note.

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These fiscal notes shall contain an estimate as to the cost involved, the number of persons affected and an opinion relative to the actuarial effect of such bill. The principal administrative officer of the system involved shall include in his separate fiscal note the fiscal effect of such proposed legislation on the accrued liability of the retirement, pension or emeritus fund involved, and any such other additional information or comments as he feels are necessary or would be enlightening to the General Assembly. Fiscal notes. The State Budget Officer and the State Auditor are hereby authorized to consult with members of the governing boards or bodies and other bodies of any such system and the administrative staff personnel of any such system. All such members and personnel shall furnish all information required of them by the State Budget Officer and the State Auditor and shall cooperate in every way possible with the State Budget Officer and the State Auditor. In the event the State Budget Officer and the State Auditor concur that the fiscal note on any such bill cannot be prepared within the five day limitation, they shall so inform the chairman in writing and shall be allowed to submit said note not later than ten (10) days after the request for it is made. Section 2. Said Act is further amended by inserting between sections 2 and 3 a new section to be known as section 2A and to read as follows: Section 2A. The fiscal notes required by this Act shall be attached to the bill by the chairman of the committee to which the bill was referred and shall be read to the members of each respective house of the General Assembly at the third reading of the bill. In addition a copy of each fiscal note required by this Act shall be distributed to each member of the respective house of the General Assembly before which the bill is pending prior to any such bill being voted. Distribution. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 23, 1969.

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GROVELAND LAKE DEVELOPMENT AUTHORITY. No. 430 (House Bill No. 791). An Act to create the Groveland Lake Development Authority; to provide for certain definitions; to empower said Authority with all rights, powers, authority and privileges whatsoever necessary to hold as lessee, improve, maintain, beautify, subdivide, sublease in any part, manage, regulate, administer, finance, issue revenue bonds, payable from earnings and revenues, to pay the cost of projects; to provide for the powers of the Authority; to provide for the power of eminent domain; to provide for the collection and for the pledging of revenues and other charges for the payment of such bonds, and defining the rights of the holders of such bonds; to provide that no debt of the State shall be incurred in the exercise of any of the powers granted by this Act; to exempt such bonds from taxation; to authorize the refunding of such bonds; to fix the venue or jurisdiction of actions related to any provisions of this Act and the time within which such action must be brought; to invest the State Auditor with the powers and duties to examine all books and records of the Authority at the close of its fiscal year each year; to charge the Authority hereby created with the faithful and honest performance of its duties arising under this Act; to provide for all matters relative to 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. There is hereby created a body corporate and politic to be known as the Groveland Lake Development 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 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

Page 573

as it may deem proper. Said Authority shall exist for ninety-nine (99) years. Created. Section 2. 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) Authority shall mean the Groveland Lake Development Authority. (b) Project shall be deemed to mean and include the acquisition of lands, properties, and improvements for the construction, development, management and promotion of the Groveland Lake Reservoir. Definitions. Section 3. (a) The Authority shall consist of twenty (20) members as follows: one member shall be a member of the Georgia Southern Area Planning Development Commission and shall be appointed by the Governor; one member, at his discretion, shall be the Commanding Officer of the Hunter-Fort Stewart military complex, ex officio, and one person shall be appointed by the governing authority of each of the following counties, subject to approval by the Governor: Appling, Bryan, Bulloch, Candler, Chatham, Effingham, Emanuel, Evans, Jenkins, Liberty, Long, McIntosh, Montgomery, Screven, Tattnall, Toombs, Treutlen, and Wayne. Members, chairman etc. (b) All members except the ex officio member shall be appointed for terms of three years and until their successors are appointed and qualified. All members shall be appointed as soon as practicable after this Act becomes effective, and their terms will begin from the date of the first organizational meeting of the Authority. Vacancies shall be filled, in the same manner as original appointments, for the unexpired term by the respective appointing authority. Successors to the original appointive members shall be appointed in the same manner as the original appointees by the respective appointing authorities for terms of three years and until their successors are appointed and qualified. (c) The Authority shall elect one of its members as

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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. (d) The Authority may make such bylaws for its government as is deemed necessary, but is under no duty to do so. (e) Any eleven members of the Authority shall constitute a quorum necessary for the transaction of business, and a majority vote of those present at any meeting at which there is a quorum shall be sufficient to do and perform any action permitted to the Authority by this Act. No vacancy on the Authority shall impair the right of a quorum to transact any and all business as aforesaid. (f) 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 once a year on or about December 31st of each year to the State Auditor. Records, audits. 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 personal property for its corporate purposes; (c) to appoint, select and employ officers, agents and employees, including engineering, architectural and construction

Page 575

experts, fiscal agents and attorneys, to contract for the services of individuals or organizations not employed full time by the Authority, but who are engaged primarily in the rendition of personal services and not the sale of goods or merchandise, such as, but not limited to, the services of attorneys, accountants, engineers, architects, consultants and advisors, allowing suitable compensation and to make provisions for group insurance, retirement or other employee benefit arrangements, provided that no part-time or contract employees shall participate in group insurance or retirement benefits. Powers. (d) 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; (e) to plan, survey, subdivide, administer, construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects as hereinbefore defined, to be located on property owned or leased by the Authority, the cost of any such project to be paid from its income, the proceeds of revenue bonds of the Authority, or from such proceeds and any loan, gift or grant from the United States of America or any agency or instrumentality thereof, or the State of Georgia, or any county, municipal or local government or governing body; (f) 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. (g) to borrow money for any of its corporate purposes and to issue negotiable revenue bonds from earnings of such projects, and to provide for the payment of the same and for the rights of the holders thereof; (h) to exercise any power usually possessed by private

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corporations performing similar functions, which is not in conflict with the Constitution and laws of this State; (i) 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; (j) to adopt, alter or repeal its own bylaws, rules and regulations governing the manner in which its business may be transacted and in which the power granted to it may be enjoyed, as the Authority may deem necessary or expedient in facilitating its business; (k) to receive and accept loans, gifts, grants, donations or contributions of property, facilities or services, with or without consideration, from any person, firm or corporation or from the State of Georgia, or any agency or instrumentality thereof, or from any county, municipal or local government or governing body; (l) 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 Authority; and (m) to do any other things necessary or proper to improve and render self-supporting said lake to make its facilities available to people of average income, and to advertise its beauties to the world; (n) to acquire, lease (as lessee), purchase, hold, own and use any franchise, property, real or personal, tangible or intangible, or any interest therein, and to sell, lease (as lessor), transfer, or dispose thereof whenever same is no longer required for purposes of the Authority, or to exchange same for other property or rights which are useful for its purposes; (o) to invest and reinvest any or all idle funds or monies, including but not limited to, funds held in reserve or debt retirement, or received through the issuance of revenue

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bonds or from contributions, gifts or grants, which cannot be immediately used for the purpose of which received, in any security or securities which are legal investments for Executors or Trustees, provided, however, that such investments in such securities will, at all times, be held for and when sold used for the purpose for which the money was originally received; (p) to do any and all other acts and things in this Act authorized or required to be done, and all things necessary or convenient to carry out the powers given in this Act, whether or not included in the general powers in this Section mentioned. Section 6. The Authority shall also have the right, power and privilege, through the use and power of eminent domain, to condemn real property, rights-of-way or easements in connection with carrying out its powers and duties under this Act. Any such condemnation shall be conducted in accordance with the laws of the State of Georgia. Eminent domain. Section 7. All income, revenues, gifts, grants, appropriations, bond or loan proceeds, rights and privileges of value of every nature accruing to the Authority shall be used for the sole purpose of beautifying, improving, developing, maintaining, administering, managing, and promoting the Groveland Lake at the lowest rates reasonable and possible for the benefit of the people of the State of Georgia for recreational purposes. Income. Section 8. The Authority is hereby empowered to survey, subdivide, improve and lease as subdivided, any of the property of the Groveland Lake. Powers. Section 9. The leasing of the property shall be for not more than fifty (50) years under stringent restrictive limitations as to use, the style and character of the structures allowable thereon, and such other limitations as the Authority may deem wise, and all such restrictions shall be incorporated in the leases as covenants providing for forfeiture upon breach. No sublease by any tenant of the

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Authority shall be legal without the approval of the Authority. Leases. Section 10. The property herein described shall be leased as deemed appropriate by the Authority, only after notice published once a week for four weeks in the official organs of all the counties bordering Groveland Lake, at public auction or by sealed competitive bids; provided, that the Authority shall have the privilege of setting minimum prices below which no bid for lease shall be accepted, and, provided further, that when in the opinion of the Authority the public welfare demands it, after first giving notice to the Attorney General of the particulars, the Authority may conclude any authorized lease by private negotiation. Same. Section 11. The Authority is hereby empowered to exercise such of the police powers of the State as may be necessary to maintain peace and order and to enforce any and all zoning, uses, and personal conduct restrictions upon the properties and facilities and the persons under its jurisdiction to the extent that such is lawful under the laws of the nation, and the State; however, the Authority may delegate all or any part of performance of this function for a time or permanently to the State or the county in which the property is located. Police power, etc. Section 12. The Authority is hereby authorized to provide by resolution for the issuance and sale of negotiable revenue bonds, for the purpose of paying all or any part of the cost of the acquisition, construction, alteration, subdivision, development, improvement, maintenance, and other charges incident thereto in connection with any facilities or projects as defined in this Act, and shall likewise have power to issue refunding bonds. The Authority may issue such types of revenue bonds as may be determined by the Authority, including revenue bonds on which principal and interest are payable: Bonds. (a) exclusively from income or revenues derived from the operation of the Authority financed with the proceeds of such bonds or together with such proceeds and grants

Page 579

from the Federal Government or any instrumentality or other person or corporation in aid of such projects; (b) exclusively from income and revenues of certain designated projects; (c) from revenues of the Authority generally. Any such bonds may be additionally secured by the hypothecation of any revenues from any unit, subdivision and by mortgage of any project or any part thereof consisting of real or personal property of the Authority, except as prohibited by law. Section 13. Neither the members of the Authority nor any person executing such bonds on behalf of the Authority shall be personally liable thereon by reason of the issuance thereon. Such bonds and other obligations of the Authority shall not be, and shall so state on the face thereof, a debt of the State of Georgia. Bonds of the Authority are declared to be issued for an essential public and governmental purpose and, together with interest thereon and income therefrom, shall be exempt from all taxes. Same. Section 14. The issuance of such revenue bonds by the Authority shall be authorized by its resolution and may be issued in one or more series and shall bear such date or dates, mature at such time or times, bear interest at such rate or rates, not exceeding seven per centum per annum, be in such denomination or denominations, be in such form, either coupon or registered, carry such conversion or registration privileges, have such rank or priority, be executed in such manner, be payable in such medium of payment, at such place or places and be subject to such terms of redemption (with or without premium) as such resolution, its trust indenture or mortgage may provide, and in case any of the members or officers of the Authority whose signatures appear on any such bonds or coupons shall cease to be such members or officers before the delivery of such bonds, such signatures shall nevertheless be valid and sufficient for all purposes. Same.

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Section 15. Revenue bonds of the Authority shall be confirmed and validated in accordance with the provisions of an Act known as the Revenue Bond Law approved March 31, 1937 (Ga. L. 1937, p. 761), as is now or as may hereafter be amended, except as is lawfully prescribed, provided, or required otherwise by this Act and any or all of its provisions, and when validated, the judgment of validation shall be final and conclusive with respect to such bonds and against the Authority issuing the same; venue of such actions shall be Evans County. Same. Section 16. Obligations of the Authority evidenced by bonds and trust indentures and mortgages executed in connection therewith may contain such provisions not inconsistent with the law as shall be determined by the Authority. The Authority may in such instruments provide for the pledging of all or any part of its gross or net rents, tolls, charges, revenues and incomes and the mortgaging of all or any part of its real or personal property. The Authority may covenant against pledging any or all of its income, revenues, tolls, charges or rents. The Authority may further provide for the disposition of proceeds realized from the sale of any certificates, for the replacement of lost, destroyed or mutilated bonds, and for payment and redemption of such bonds. Same. Section 17. Undertakings of the Authority may likewise prescribe the procedure by which the bond holders may enforce rights against the Authority and provide for such rights upon breach of any covenant, condition or obligation of the Authority. Trust indentures, mortgages or deeds to secure debt executed by the Authority may provide that, in the event of default by the Authority in the payment of principal and interest on such bonds or obligations, or breach of any covenant, a trustee or trustees appointed under the terms of the indenture, mortgage or deed to secure debt, which shall be a bank or trust company authorized to exercise trust powers, may take possession and use, operate and manage any project mortgaged for the repayment of any indebtedness of the Authority and provide the terms and conditions upon which the trustee or trustees or holders of such bonds may enforce any right

Page 581

relating to such bonds. Such trust indentures, mortgages and deeds to secure debt may contain such provisions as may be deemed necessary or desirable by the Authority not inconsistent with the laws of the State of Georgia and all other laws relating thereto. Same. Section 18. Any such action and any action to protect or enforce any rights under the provisions of this Act shall be brought in the Superior Court of Fulton County, which shall have exclusive original jurisdiction of such actions. Venue of actions. Section 19. While any of the revenue bonds issued by the Authority remain outstanding, the powers, duties or existence of said Authority or of its officers, employees or agents shall not be diminished or impaired in any manner and no other entity, department, agency, or authority will be created which will compete with the Authority to such an extent as to affect adversely any of the interests and rights of the holders of such bonds, nor will the State itself so compete with the Authority. The provisions of this Act shall be for the benefit of the State, the Authority, and the holders of any such bonds, and upon the issuance of bonds under the provisions hereof, shall constitute a contract with the holders of such bonds. Intent. Section 20. This Act being necessary for the welfare of the State and its inhabitants, shall be liberally construed to effect the purposes hereof. Construction of Act. Section 21. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 22. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 23, 1969.

Page 582

TEACHERS' RETIREMENT SYSTEM ACT AMENDED. No. 431 (Senate Bill No. 20). 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, particularly by an Act approved April 3, 1968 (Ga. L. 1968, p. 543), so as to provide that any teacher coming into the Teachers' Retirement System shall be entitled to receive prior service credit for all time spent as a teacher in American Dependents' Schools overseas; 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, particularly by an Act approved April 3, 1968, (Ga. L. 1968, p. 543), is hereby amended by striking subsection 5-A of section 4 and inserting in lieu thereof the following: 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, or for teaching service rendered as a teacher in American Dependents' Schools overseas, up to a maximum of ten years. A teacher desiring to establish credit for service rendered in American Dependents' Schools overseas or 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 8% per annum. Credit for prior teaching. so that when so amended subsection 5-A of section 4 shall read as follows: Any teacher coming into the Teacher's Retirement System shall be entitled to receive credit for prior teaching service in other State or independent school systems, or for teaching service rendered as a teacher in American

Page 583

Dependents' Schools overseas, up to a maximum of ten years. A teacher desiring to establish credit for service rendered in American Dependents' Schools overseas or 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 8% per annum. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 23, 1969. INSURANCEEXEMPTIONS FROM LICENSE EXAMINATIONS. Code 56-805, 56-806 Amended. No. 432 (Senate Bill No. 25). An Act to amend Title 56 of the Code of Georgia, relating to insurance, as amended, so as to exempt certain applicants for licenses as an agent, solicitor, broker, counselor or adjuster from the requirements of taking an examination prior to receiving a renewal license under certain conditions; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Title 56 of the Code of Georgia, relating to insurance, as amended, is hereby amended by adding at the end of Code section 56-805a, relating to the examination of applicants for an agent's license, a new subsection (3) to read as follows: (3) Any applicant for a license to act as an agent who held a valid license to act as such which expired while such applicant was a member of any branch of the Armed Forces of the United States may be issued a renewal license without the necessity of taking an examination if he shall

Page 584

apply for a renewal thereof within a period of five (5) years from the date of the expiration of his old license and furnish proof satisfactory to the Commissioner that: (i) he was a member of the Armed Forces of the United States at the time his old license expired, and (ii) his service in the Armed Forces of the United States was not terminated more than one (1) year prior to the date upon which he applies for a renewal license. Section 2. Said Title is further amended by adding at the end of Code Section 56-806b, relating to the examination of applicants for certain licenses, a new subparagraph (g) of subsection (3) to read as follows: (g) Any applicant for a license to act as an agent, solicitor, broker, counselor or adjuster who held a valid license to act as such which expired while such applicant was a member of any branch of the Armed Forces of the United States may be issued a renewal license without the necessity of taking an examination if he shall apply for a renewal thereof within a period of five (5) years from the date of the expiration of his old license and furnish proof satisfactory to the Commissioner that: (i) he was a member of the Armed Forces of the United States at the time his old license expired, and (ii) his service in the Armed Forces of the United States was not terminated more than one (1) years prior to the date upon which he applies for a renewal license. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 23, 1969.

Page 585

INSURANCEPOWERS OF INSURANCE COMMISSIONER. Code 56-317 Amended. No. 433 (Senate Bill No. 32). An Act to amend Code section 56-317, relating to the power of the Insurance Commissioner to revoke, suspend or refuse to renew the certificate of authority of insurers, so as to change the circumstances under which the Commissioner may exercise such authority; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 56-3, relating to the authorization of insurers to do business in this State, is hereby amended by adding between Code Sections 56-317 and 56-318 two (2) new Code sections to be numbered 56-317.1 and 56-317.2 to read as follows: 56-317.1.Administrative Fine for Certain Acts of Officers, Employees, Agents or Representatives . The Commissioner may, after a hearing, impose upon an insurer an administrative fine if he finds that such insurer through the acts of its officers, employees, agents or representatives has: (1) With such frequency as to indicate its general business practice in this State: (a) Refused, without just cause, to pay proper claims arising under coverage provided by its policies, whether such claim is in favor of an insured or in favor of a third person with respect to the liability of an insured to such third person or in favor of any other person entitled to the proceeds of a policy, or (b) Compelled, without just cause, insureds, claimants or other persons entitled to the proceeds of its policies in this State to accept less than the amount due them or to

Page 586

bring suit against the insurer or an insured to secure full payment or settlement thereof. The administrative fine imposed for violations set forth in paragraphs (a) or (b) shall not exceed $1,000.00 for each act of misconduct constituting a violation provided, however, a fine of not more than $5,000.00 for each act of willful misconduct constituting a violation may be imposed. 56-317.2.Discretionary Suspension Without Notice and Hearing Where Delinquency Proceedings Have Commenced. The Commissioner may, without advance notice or a hearing thereon, suspend immediately the Certificate of Authority of any insurer as to which proceedings for receivership, conservatorship, rehabilitation, or other delinquency proceedings have been commenced in any State by the public insurance supervisory official of such State. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 23, 1969. SHERIFFS' RETIREMENT FUND OF GEORGIA ACT AMENDED. No. 435 (Senate Bill No. 54). An Act to amend an Act creating the Sheriffs' Retirement Fund of Georgia, approved April 16, 1963 (Ga. L. 1963, p. 630), as amended by an Act approved April 9, 1968 (Ga. L. 1968, p. 1203), so as to delete the requirement that a sheriff who has not filed his application for membership in the fund within one year from the date of the original Act or of taking office forever be barred from becoming a member of said fund; to provide that the Board of Commissioners may accept certain applications for reinstatement to the fund only if they are filed between June 1, 1969, and June 30, 1969, or within

Page 587

30 days following the member's new elective or appointive term; to provide that a sheriff who has failed to apply for membership in the fund within one year of beginning his service as sheriff may become a member if he files his application between June 1, 1969, and June 30, 1969, or within 30 days following the beginning of such sheriff's new elective or appointive term; to restrict prior service credit for such sheriffs who elect to receive prior service credit; to grant sheriffs the right to refuse prior service credit; to change the rate of interest with reference to the payment of dues in default; 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 Sheriffs' Retirement Fund of Georgia, approved April 16, 1963 (Ga. L. 1963, p. 630), as amended by an Act approved April 9, 1968 (Ga. L. 1968, p. 1203), is hereby amended by striking subsection 2 of section 11 in its entirety and inserting in lieu thereof a new subsection 2 of section 11 to read as follows: 2. He must file his application for such membership with the secretary-treasurer of said Board of Commissioners within one year from the date he may begin serving as such sheriff. Membership. Section 2. Said Act is further amended by striking subsection 2 of section 14 in its entirety and inserting in lieu thereof a new subsection 2 of section 14 to read as follows: 2. If such removal is occasioned by noncompliance with paragraph 2 of section 13 above, upon filing a subsequent application for reinstatement to the active membership roll within twelve (12) months from the date of first default and payment of all dues then in default, with interest thereon at 8 percent per annum from the date of such default to the date of payment, together with such reasonable penalty as may be provided for by said Board of Commissioners, said member may be reinstated to the active membership roll and credited for such service. Reinstatement.

Page 588

The member, however, may elect to be reinstated to active membership in the fund without credit for prior service, in which case he will not be required to pay dues in default or interest thereon; his credit for service shall date from the first day of the term in which his application for reinstatement is submitted to and approved by the said Board of Commissioners. Provided, however, the application for reinstatement shall be accepted by the Board of Commissioners only if it is filed by the member between June 1, 1969, and June 30, 1969, or within 30 days following the beginning of his new elective or appointive term. Section 3. Said Act is further amended by adding a new section to be known as Section 16A to read as follows: Section 16A. Any duly qualified and commissioned sheriff who would be eligible to become a member of the Sheriffs' Retirement Fund of Georgia but for the provisions in subsection 2 of section 11, as amended, shall be permitted to become a member if he files his application with the secretary-treasurer of said Board of Commissioners between June 1, 1969, and June 30, 1969, or within 30 days following the beginning of such sheriff's new elective or appointive term. Applications for membership. Any sheriff who has served at any time as sheriff of a Georgia county since 1960, and who has not been a member of the fund, and who wishes to avail himself of the provisions of this section may do so by following either one of the following: (1) he may claim credit for all prior service as a sheriff (only) by tendering payment of all dues which he would have paid had he been a member of the fund, with interest thereon at 8 percent per annum and with such reasonable penalty as may be provided for by said Board of Commissioners; or (2) he may waive credit for prior service as a sheriff and be credited for service beginning on the first day of

Page 589

the elective or appointive term in which his application is submitted to and accepted by the said Board of Commissioners. In no event shall any sheriff who avails himself of the provisions in this section be permitted to claim credit for prior service as a peace officer (except sheriff) or member of any of the armed services of the United States. Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 23, 1969. RAILROAD CORPORATIONSBOARDS OF DIRECTORS, ETC. No. 436 (Senate Bill No. 73). An Act to provide for the number of directors of railroad corporations; to provide for the ratification of prior actions of Boards of Directors thereof; to make the provisions of this Act apply to all such corporations incorporated under Title 94 of the Code of Georgia of 1933; to provide for a chairman of the Board of Directors and that he or the president shall have power to appoint vice-presidents; to fix the time, place and manner of meetings of Boards of Directors, notices of such meetings and waivers thereof; to provide for an Executive Committee of such Boards and its authority; to provide for actions of the Board without formal meeting; to provide for duties of officers, right of the corporation to indemnify and insure its officers, agents and directors, and payment of expenses in defending certain actions, and qualifications of directors; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

Page 590

Section 1. All railroad corporations which may have heretofore been incorporated by the Secretary of State of Georgia under the provisions of Title 94 of the Code of Georgia of 1933, relating to the incorporation of railroads, as amended, whether prior or subsequent to the ratification of the Constitution of Georgia of 1945 shall have such numbers of directors, not less than three, as may be provided by its charter, or any amendment thereto heretofore or hereafter granted, or as may be provided by its by-laws. All actions heretofore taken by the Board of Directors of any such corporation shall be binding and valid for all purposes as if this Section had been enacted before such action was taken, and as if such Board of Directors had been constituted as provided by this section. Directors. Section 2. The provisions of sections 3, 4, 5, 6, 7 and 8 of this Act shall apply to all railroad corporations which may have heretofore been incorporated by the Secretary of State of Georgia under the provisions of Title 94 of the Code of Georgia of 1933, as amended, whether prior to or subsequent to the ratification of the Constitution of Georgia of 1945, and to all such railroad corporations as may be hereafter incorporated under said Act as heretofore amended. Intent. Section 3. (a) Pursuant to the provisions in said Code Title that the Board of Directors may elect one or more vice-presidents and may appoint a secretary, treasurer, and such other officers and agents as they may deem necessary (in addition to a president), the Board of Directors may select or appoint one of their number to be Chairman of the Board of Directors. The chairman of the Board of Directors or the president may also appoint such vice-presidents as he deems necessary, and prescribe their term of office, compensation and duties when authorized to do so by the by-laws of the corporation. Board of directors. (b) Unless the by-laws otherwise provide, meetings of the Board of Directors, regular or special, may be held within or without this State. The time and place for holding meetings of the Board of Directors may be fixed by or under the by-laws, or, if not so fixed, by the Board. Meetings.

Page 591

(c) Regular meetings of the Board of Directors may be held with or without notice as may be prescribed in the by-laws. Special meetings of the Board of Directors shall be held upon such notice as is prescribed in the by-laws. Unless otherwise prescribed in the by-laws, written notice of the time and place of special meetings of the Board of Directors shall be given to each director either by personal delivery or by mail, telegram, cablegram or radiogram at least two days before the meeting. Same. (d) Notice of a meeting of the Board of Directors need not be given to any director who signs a waiver of notice either before, during, or after a meeting. Attendance of a director at a meeting shall constitute a waiver of notice of such meeting and waiver of any kind of and all objections to the place of the meeting, the time of the meeting, or the manner in which it had been called or convened, except when a director states, at the beginning of the meeting, any such objections or objection to the transaction of business. Waivers. (e) Neither the business to be transacted at, nor the purpose of, any regular or special meeting of the Board of Directors need be specified in the notice or waiver of notice of such meeting unless required by the by-laws. Business to be transacted. (f) A majority of the directors present, whether or not a quorum exists, may adjourn any meeting of the Board of Directors to another time and place. Unless the by-laws otherwise provide, notice of any such adjourned meeting shall be given to the directors who were not present at the time of the adjournment and, unless the time and place of the adjourned meeting are announced at the time of the adjournment, to the other directors. Quorum, etc. (g) Meetings of the Board of Directors may be called as prescribed by the by-laws, and, if there is no provision in the by-laws for such calling, by the Chairman of the Board, or, if none, by the President of the company. Call of meetings. (h) Unless the articles of incorporation or the by-laws shall provide that a different number shall constitute a

Page 592

quorum, a majority of the number of directors fixed by the by-laws, or in the absence of a by-law fixing the number of directors, then of the number stated in the articles of incorporation or the number last fixed by the shareholders, shall constitute a quorum for the transaction of business. In no case shall less than one-third of the total number of directors nor less than two directors constitute a quorum. Quorum. (i) The vote of a majority of the directors present at the time of the vote, if a quorum is present at such time, shall be the act of the Board of Directors, unless the vote of a greater number is required by the articles of incorporation or the by-laws. Same. Section 4. (a) If the charter or the by-laws of a corporation incorporated under Title 94 of the Code of Georgia of 1933, as amended, so provide, the Board of Directors, by resolution adopted by a majority of the full Board of Directors, may designate from among its members an executive committee, and one or more other committees, each consisting of three or more directors, and each of which, to the extent provided in such resolution or in the charter, or the by-laws of the corporation, shall have and may exercise all the authority of the Board of Directors, but no such committee shall have the authority of the Board of Directors in reference to: Executive committee. (1) Amending the charter or the by-laws of the corporation; (2) Adopting a plan of merger or consolidation; (3) The sale, lease, exchange or other disposition of all or substantially all the property and assets of the corporation; (4) A voluntary dissolution of the corporation or a revocation thereof. (b) The Board, by resolution adopted in accordance with paragraph (a) of this Section, may designate one or more

Page 593

directors as alternate members of any such committee, who may act in the place and stead of any absent member or members at any meeting of such committee. Alternatives. (c) Unless otherwise provided in the charter or the bylaws or ordered by the Board of Directors, any such committee shall act by a majority of its members. Majority. (d) The designation of any such committee and the delegation thereto of authority shall not operate to relieve the Board of Directors, or any member thereof, of any responsibility imposed by law. Intent. Section 5. Unless otherwise provided by the charter or by-laws, any action required by the aforesaid Title 94 of the Code of Georgia of 1933, as amended, to be taken at a meeting of the directors of the corporation, or any action which may be taken at a meeting of the directors or of a committee thereof, may be taken without a meeting if written consent, setting forth the action so taken, shall be signed by all the directors, or all the members of the committee, as the case may be, and be filed with the minutes of the proceedings of the Board or of the committee. Such consent shall have the same force and effect as a unanimous vote, and may be stated as such in any articles or document filed with any official of the State under the aforesaid Code Title, and any amendment thereto. Records, etc. Section 6. (a) Any two or more offices provided for by the said Code Title, as amended, may be held by the same person, except the offices of president and secretary. Officers. (b) The charter of any railroad corporation granted under the aforesaid Code Title, as amended, may provide that all officers or certain specified officers shall be elected by the shareholders instead of by the Board of Directors. Same, elections. (c) Unless otherwise provided in the charter, by-laws or resolution of the Board of Directors, all officers shall be elected or appointed for a term of office running until the meeting of the Board following the next annual meeting

Page 594

of shareholders or, in the case of officers elected by the shareholders, until the next annual meeting of shareholders. Term. (d) Each officer shall hold office for the term for which he is elected or appointed, and until his successor has been elected or appointed and has qualified. Same. (e) All officers and agents of a railroad company incorporated under Title 94 of the Code of Georgia of 1933, as amended, shall have such authority and perform such duties in the management of the corporation as may be provided in the by-laws, or as may be determined by action of the Board of Directors not inconsistent with the bylaws. Powers. (f) The Chairman of the Board of Directors or the president of the company shall have authority to institute or defend legal proceedings by or against the company either when the directors are in disagreement or when circumstances require action in the name of the company before a meeting of the Board of Directors can be called. Legal actions. Section 7. (a) A corporation chartered under the said Code Title, as amended, shall have power to indemnify any person who was or is a party or is threatened to be made a party to any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative or investigative (other than an action by or in the right of the corporation) by reason of the fact that he is or was a director, officer, employee or agent of the corporation, or is or was serving at the request of the corporation as a director, officer, employee or agent of another corporation, partnership, joint venture, trust or other enterprise, against expenses (including attorneys' fees), judgments, fines and amount paid in settlement actually and seasonably incurred by him in connection with such action, suit or proceeding if he acted in a manner he reasonably believed to be in or not opposed to the best interests of the corporation, and, with respect to any criminal action or proceeding, had no reasonable cause to believe his conduct was unlawful. The termination of any action, suit or proceeding by judgment, order, settlement, conviction,

Page 595

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

Page 596

(d) Any indemnification under paragraphs (a) and (b) of this Section (unless ordered by a court) shall be made by the corporation only as authorized in the specific case upon a determination that indemnification of the director, officer, employee or agent is proper in the circumstances because he has met the application standard of conduct set forth in paragraph (a) and (b). Such determination shall be made (1) by the Board of Directors by a majority vote of a quorum consisting of directors who were not parties to such action, suit or proceeding, or (2) if such a quorum is not obtainable, or, even if obtainable a quorum of distinterested directors so directs, by independent legal counsel in a written opinion, or (3) by the affirmative vote of a majority of the shares entitled to vote thereon. Same. (e) Expenses incurred in defending a civil or criminal action, suit or proceeding may be paid by the corporation in advance of the final disposition of such action, suit or proceeding as authorized in the specific case upon receipt of an undertaking by or on behalf of the director, officer, employee or agent to repay such amount less it shall ultimately be determined that he is entitled to be indemnified by the corporation as authorized in this section. (f) The indemnification provided by this section shall not be deemed exclusive of any other rights to which those seeking indemnification may be entitled under any by-law or resolution approved by the affirmative vote of the holders of a majority of the shares entitled to vote thereon taken at a meeting the notice of which specified that such by-law or resolution would be placed before the shareholders, both as to action by a director, officer, employee or agent in his official capacity and as to action in another capacity while holding such office or position, and shall continue as to a person who has ceased to be a director, officer, employee or agent and shall inure to the benefit of the heirs, executors and administrators of such a person. (g) Such corporation shall have the power to purchase and maintain insurance on behalf of any person who is or was a director, officer, employee or agent of the corporation,

Page 597

or is or was serving at the request of the corporation as a director, officer, employee or agent of another corporation, partnership, joint venture, trust or other enterprise, against any liability asserted against him and incurred by him in any such capacity, or arising out of his status as such, whether or not the corporation would have the power to indemnify him against such liability under the provisions of this section. Insurance. (h) If any expenses or other amounts are paid by way of indemnification, otherwise than by court order or action by the shareholders or by an insurance carrier pursuant to insurance maintained by the corporation, the corporation shall, not later than the next annual meeting of shareholders unless such meeting is held within three months from the date of such payment, and, in any event, within fifteen months from the date of such payment, send by first class mail to its shareholders of record at the time entitled to vote for the election of directors a statement specifying the persons paid, the amounts paid, and the nature and status at the time of such payment of the litigation or threatened litigation. Reports. Section 8. (a) Directors of corporations chartered under Title 94 of the Code of Georgia of 1933, as amended, shall be natural persons of the age of twenty-one years or over, but need not be residents of this State or shareholders of the corporation unless the charter or by-laws so require. The charter or by-laws may prescribe additional qualifications for directors. Qualifications of directors. (b) The Board of Directors shall have authority to fix the compensation of directors for services in any capacity unless otherwise provided in the charter or by-laws. Section 9. All laws and parts of laws in conflict with this Act are hereby repealed. Section 10. The effective date of this Act shall be April 1, 1969. Effective date. Approved April 23, 1969.

Page 598

STATE BOARD OF CORRECTIONSRULES AND REGULATIONS. No. 438 (Senate Bill No. 130). An Act to amend an Act comprehensively and exhaustively revising, superseding and consolidating the laws relating to the State Board of Corrections and to prisons, public works camps and prisoners, approved February 20, 1956 (Ga. L. 1956, p. 161), as amended, so as to provide that certain rules and regulations adopted, established and promulgated by the State Board of Corrections shall be adopted, established, promulgated, amended, repealed, filed and published in accordance with the applicable provisions and procedure as set forth in the Georgia Administrative Procedure Act, approved March 10, 1964 (Ga. L. 1964, p. 338), as the same may now or hereafter be amended; to provide that the courts shall take judicial notice of any such rules and regulations; to provide for definitions; 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 comprehensively and exhaustively revising, superseding and consolidating the laws relating to the State Board of Corrections and to prisons, public works camps and prisoners, approved February 20, 1956 (Ga. L. 1956, p. 161), as amended, is hereby amended by adding at the end of section 11 two new subsections to be known as subsections (d) and (e) which shall read as follows: (d) All rules and regulations adopted pursuant to the provisions of this section shall be adopted, established, promulgated, amended, repealed, filed and published in accordance with the applicable provisions and procedure as set forth in the `Georgia Administrative Procedure Act', approved March 10, 1964 (Ga. L. 1964, p. 338), as the same may now or hereafter be amended, and the Courts shall take judicial notice of any such rules or regulations. Rules. (e) For the purposes of this section, the words `rules

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and regulations' shall have the same meaning as the word `Rule' as said word is defined in subsection (f) of section 1 of the `Georgia Administrative Procedure Act', as amended, particularly by an Act approved March 26, 1965 (Ga. L. 1965, p. 283)., so that when so amended section 11 shall read as follows: Section 11. (a) The State Board of Corrections is hereby authorized to adopt, establish and promulgate rules and regulations governing the transaction of business of the penal system of the State by the State Board of Corrections, by the Director of Corrections and the administration of the affairs of the penal system in the different penal institutions coming under its authority and supervision, and shall make said institutions as self-supporting as possible. (b) The State Board of Corrections shall adopt rules governing the assignment, housing, working, feeding, clothing, treatment, discipline, rehabilitation, training and hospitalization of all prisoners coming under its custody. (c) The board shall also adopt rules and regulations governing the conduct and the welfare of employees of the State institutions operating under its authority and in the county public works camps and State highway camps operating under its supervision, and shall also prescribe the working hours and conditions of work for employees in the office of the Director of Corrections and institutions operating under the authority of the board. (d) All rules and regulations adopted pursuant to the provisions of this Section shall be adopted, established, promulgated, amended, repealed, filed and published in accordance with the applicable provisions and procedure as set forth in the `Georgia Administrative Procedure Act', approved March 10, 1964 (Ga. L. 1964, p. 338), as the same may now or hereafter be amended, and the courts shall take judicial notice of any such rules or regulations. (e) For the purposes of this section, the words `rules

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and regulations' shall have the same meaning as the word `Rule' as said word is defined in subsection (f) of section 1 of the `Georgia Administrative Procedure Act', as amended, particularly by an Act approved March 26, 1965 (Ga. L. 1965, p. 283). Section 2. The provisions of this Act shall become effective on December 31, 1969. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 23, 1969. STATE BOARD OF CORRECTIONSCLOTHES, TRANSPORTATION AND MONEY TO BE FURNISHED RELEASED PRISONERS. No. 439 (Senate Bill No. 145). An Act to amend an Act to comprehensively and exhaustively revise, supersede and consolidate the laws relating to the State Board of Corrections and to prisons, public works camps and prisoners, approved February 20, 1956 (Ga. L. 1956, p. 161), as amended, so as to require the State Board of Corrections to furnish an inmate released from State penal institutions and county public works camps a certain sum of money; to change the provisions relating to furnishing a prisoner with a ticket to his home upon his release; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to comprehensively and exhaustively revise, supersede and consolidate the laws relating to the State Board of Corrections and to prisons, public works camps and prisoners, approved February 20, 1956 (Ga. L. 1956, p. 161), as amended, is hereby amended, by striking

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section 21 in its entirety and substituting in lieu thereof a new section 21, to read as follows: Section 21. When a prisoner has completed his term of service and is discharged upon completion of his sentence, or is conditionally released or paroled from any State institution or other place of detention operated under the authority of the State Board of Corrections, the Board shall furnish such prisoner with a ticket by common carrier to the prisoner's home, when it is anywhere within the United States of America, and if his home is outside the United States of America, such ticket shall be to the point of conviction. When a prisoner has completed his term of service and is discharged upon completion of his sentence, or is conditionally released or paroled from any State institution or other place of detention operated under the authority of the State Board of Corrections or from a county public works camp, the Board shall furnish such prisoner the sum of twenty-five ($25.00) dollars. The State Board of Corrections shall also furnish all felony prisoners clothing to consist of a hat or cap, a coat, pair of trousers, belt, socks, shoes, shirt, tie, and underwear appropriate to the season of year, if the prisoner be male, and if the prisoner be female she shall be furnished such wearing apparel as the State Board of Corrections may deem necessary and suitable. When a prisoner is discharged at the expiration of his sentence, or is conditionally released or paroled from a county public works camp, the transportation and clothing enumerated shall be furnished by the county, but the county shall be reimbursed for the cost of such transportation and clothing by the State Board of Corrections. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 23, 1969.

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STATE BOARD OF CORRECTIONSLIMITS OF PLACE OF CONFINEMENT OF PRISONERS. No. 440 (Senate Bill No. 148). An Act to amend an Act comprehensively and exhaustively revising, superseding and consolidating the laws relating to the State Board of Corrections and to prisons, public works camps and prisoners, approved February 20, 1956 (Ga. L. 1956, p. 161), as amended, particularly by an Act approved March 13, 1957 (Ga. L. 1957, p. 477), an Act approved March 7, 1961 (Ga. L. 1961, p. 127), an Act approved March 18, 1964 (Ga. L. 1964, p. 489), an Act approved March 18, 1964 (Ga. L. 1964, p. 495), an Act approved March 25, 1964 (Ga. L. 1964, p. 734), and by an Act approved April 12, 1968 (Ga. L. 1968, p. 1399), so as to change the provisions relating to the extension of the limits of the place of confinement of certain prisoners; 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 comprehensively and exhaustively revising, superseding and consolidating the laws relating to the State Board of Corrections and to prisons, public works camps and prisoners, approved February 20, 1956 (Ga. L. 1956, p. 161), as amended, particularly by an Act approved March 13, 1957 (Ga. L. 1957, p. 477), an Act approved March 7, 1961 (Ga. L. 1961, p. 127), an Act approved March 18, 1964 (Ga. L. 1964, p. 489), an Act approved March 18, 1964 (Ga. L. 1964, p. 495), an Act approved March 25, 1964 (Ga. L. 1964, p. 734), and by an Act approved April 12, 1968 (Ga. L. 1968, p. 1399), is hereby amended by striking from the beginning of paragraph 2 of subsection (b) of section 13 the following language: The Director of Corrections may extend the limits of the place of confinement of a prisoner as to whom there is reasonable cause to believe he will honor his trust, by authorizing him, under prescribed conditions; provided, however, that the limits of confinement shall not be extended

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for an inmate or prisoner if there is a request or need for them in county work camps or prison branches:, and inserting in lieu thereof the following language: The Director of Corrections shall extend the limits of the place of confinement of a prisoner as to whom there is reasonable cause to believe he will honor his trust by authorizing him, under prescribed conditions, to:. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 23, 1969. BANKS AND BANKINGLIMITATIONS ON LOANS. Code 13-2013 Amended. No. 441 (Senate Bill No. 155). An Act to amend Code section 13-2013, relating to the limit a bank is allowed to lend to any one person, firm or corporation, as amended by an Act approved February 22, 1943 (Ga. L. 1943, p. 254), an Act approved February 19, 1951 (Ga. L. 1951, p. 201), an Act approved March 4, 1955 (Ga. L. 1955, p. 414), and an Act approved March 18, 1966 (Ga. L. 1966, p. 590), so as to remove the limitation on the sale of federal or correspondent funds to qualified depositories; to remove the limitation on loans to any one county, municipality or political subdivision; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 13-2013, relating to the limit a

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bank is allowed to lend to any one person, firm or corporation, as amended by an Act approved February 22, 1943 (Ga. L. 1943, p. 254), an Act approved February 19, 1951 (Ga. L. 1951, p. 201), an Act approved March 4, 1955 (Ga. L. 1955, p. 414), and an Act approved March 18, 1966 (Ga. L. 1966, p. 590), is hereby amended by striking said Code section in its entirety and inserting in lieu thereof a new Code section 13-2013 to read as follows: 13-2013. Loans by bank, limit of .No bank shall be allowed to lend to any one person, firm or corporation more than 20 per cent of its capital and unimpaired surplus; and in the event that a loan or loans to any one person, firm or corporation aggregate an amount in excess of 10 percent of the capital and surplus, the entire amount of such loan or loans shall be secured by good collateral or other ample security, and made with the approval of a majority of the directors, or of a committee of the board of directors authorized to act, which approval shall be evidenced by the written signature of said directors or the members of said committee. In estimating loans to any person, all amounts loaned to firms and partnerships of which he is a member shall be included: Provided, however, that a bank may buy from or discount for any person, firm or corporation bills of exchange, drawn in good faith against actually existing values, or commercial or business paper actually owned by the person negotiating the same, in addition to loans directly made to the person, firm, or corporation selling the same, such purchase or discount not to exceed 20 percent of the capital and surplus, and if in excess of 10 percent of the capital and surplus, to be approved in writing by a majority of the directors, or by a committee of such board authorized to act: and provided, that the limit of loans herein fixed shall not apply to bona fide purchases of commercial or business paper without recourse on the holder or payee of such paper: and provided, that the limit of loans herein fixed shall not apply to bona fide loans made upon the security of agricultural, manufactured, or industrial products or livestock having a market value for which there is ready sale in the open market, title to which by appropriate transfer shall be taken in the name of the bank, and which

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shall be secured by insurance against loss by fire, with policies made payable to the bank, where no more than 80 percent of the market value of such products shall be loaned or advanced thereon. In all such cases, a margin of 20 percent between the amount of the loan and the market value of the products shall at all times be maintained (except where products are intended for immediate shipment); and the bank shall have the right to call for additional collateral when the difference between the market value and the amount loaned shall be less than 20 percent, and, in the event of the failure to comply with such demand, to immediately sell all or any part of such products in the open market and pay the amount of the loan and the expenses of sale, and the balance to the borrower: and provided, that the limit herein fixed shall not apply to loans fully secured by bonds or certificates of indebtedness of the United States, or of this State, or of the several counties, districts, or municipalities thereof which have been duly and regularly validated as provided by law. Liabilities arising to the makers and indorsers of checks, drafts, bills of exchange, received by the bank on deposit, cashed, or purchased by it, shall not in any way be considered as borrowed money or loans: and provided, that the limit herein fixed shall not apply to loans to the extent that such loans are secured or covered by guaranties or commitments or agreements to take over or purchase made by any Federal Reserve Bank or by the United States or any department, bureau, board or establishment of the United States, including any corporation wholly owned directly or indirectly by the United States if such guaranties, agreements or commitments are subject to no condition beyond the control of such bank and must be performed by payment of cash or its equivalent within 90 days after demand: provided, that the limit herein fixed shall not apply to the sale of federal or correspondent funds to qualified depositories approved by the Superintendent of Banks: provided, that the limit herein fixed shall not apply to loans to any one county, municipality or political subdivision of the State authorized to levy taxes, if such loans are made under the provisions of Article VII, Section VII, Paragraph IV of the Constitution (Section 2-6004),

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as amended. It shall be the duty of the Superintendent of Banks to order any loans in excess charged to profit and loss, provided in his opinion such excess is not well secured; and if such reduction shall not be made within 30 days after such notification, to proceed as in other cases provided for violation of the orders of the Superintendent. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 23, 1969. STATE BOARD OF CORRECTIONSCOURT ORDERS REQUIRING PRODUCTION OF PRISONERS SEEKING TRIALS. No. 442 (Senate Bill No. 174). An Act to amend an Act comprehensively and exhaustively revising, superseding and consolidating the laws relating to the State Board of Corrections and to prisons, public works camps and prisoners, approved February 23, 1956 (Ga. L. 1956, p. 161), as amended, particularly by an Act approved April 8, 1968 (Ga. L. 1968, p. 1110), so as to provide for the issuance of court orders requiring the production of prisoners seeking trials upon pending indictments; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act comprehensively and exhaustively revising, superseding and consolidating the laws relating to the State Board of Corrections and to prisons, public works camps and prisoners, approved February 23, 1956 (Ga. L. 1956, p. 161), as amended, particularly by an Act approved

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April 8, 1968 (Ga. L. 1968, p. 1110), is hereby amended by adding to section 33.12 (a) of said Act the following: The judge of the court in which the proceedings are pending is authorized to and shall issue an ex parte order directed to the State Board of Corrections requiring the delivery of the inmate to the sheriff or a deputy sheriff of the county in which the trial is to be held., so that when so amended section 33.12 (a) of said Act shall read as follows: Section 33.12. (a) In response to the request of an inmate for final disposition of any pending indictment, accusation or information made pursuant to section 33.10 of this Act, or pursuant to an order of a court entered pursuant to section 31 (a) of Ga. L. 1956, p. 161, the State Board of Corrections shall offer to deliver temporary custoday of the inmate to the sheriff or a deputy sheriff of the county where such indictment, accusation or information is pending against the inmate. The judge of the court in which the proceedings are pending is authorized to and shall issue an ex parte order directed to the State Board of Corrections requiring the delivery of the inmate to the sheriff or a deputy sheriff of the county in which the trial is to be held. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 23, 1969. STATE BOARD OF CORRECTIONSCOURT ORDERS REQUIRING PRODUCTION OF PRISONERS AS WITNESSES. No. 443 (Senate Bill No. 175). An Act to amend an Act to comprehensively and exhaustively revise, supersede and consolidate the laws relating

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to the State Board of Corrections and to prisons, public works camps and prisoners, approved February 20, 1956 (Ga. L. 1956, pp. 161, 181), so as to provide that when certain prisoners are needed as witnesses or are desired as defendants in court, the judge of the court shall order the Board of Corrections to deliver the prisoner to the sheriff; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to comprehensively and exhaustively revise, supersede and consolidate the laws relating to the State Board of Corrections and to prisons, public works camps and prisoners, approved February 20, 1956 (Ga. L. 1956, pp. 161, 181), is hereby amended by inserting in section 31 (a) of said Act between the word to and the word issue the following: and shall, so that when so amended section 31 (a) of said Act shall read as follows: Section 31 (a). When a prisoner confined in any State prison, county public works camp, or other penal institution under the jurisdiction of the State Board of Corrections other than a prisoner under a death sentence, is needed as a witness in any civil or criminal proceeding in any court of record in this State, or when it is desired that such person stand trial on an indictment or accusation charging him with commission of a felony or misdemeanor, the judge of the court wherein such proceeding is pending is authorized to and shall issue an ex parte order, directed to the State Board of Corrections, requiring his delivery to the sheriff of the county where the prisoner is desired as a witness or defendant, and said sheriff or his deputies shall take custody of said prisoner on the date named in said order, safely keep him pending the proceeding, and return him to the original place of detention after his discharge by the trial judge.

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 23, 1969. INSURANCESURPLUS INSURANCE. Code 56-620 Amended. No. 444 (Senate Bill No. 214). An Act to amend section 56-620 of the Code of Georgia, relating to requirements concerning brokers and solvent insurers, so as to change the circumstances under which a broker may insure with a foreign insurer; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Section 56-620 of the Code of Georgia, relating to requirements concerning brokers and solvent insurers, is hereby amended by striking subparagraphs (a) of subsection (2) and by inserting in lieu thereof the following: With a foreign insurer having capital and surplus amounting to less than one million ($1,000,000) dollars; provided, however, if the Commission finds that it is in the public interest, he may allow brokers to insure with foreign insurers having capital and surplus of less than one million ($1,000,000) dollars which were legally writing surplus line insurance in Georgia on January 1, 1969, but in no event shall a broker insure with a foreign insurer having capital and surplus amounting to less than three hundred fifty thousand ($350,000) dollars., so that when so amended Code section 56-620 shall read as follows: 56-620. Solvent insurers required .(1) The broker shall ascertain the financial condition of the unauthorized insurer before placing insurance therewith and shall not

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knowingly place surplus line insurance with insurers who are unsound financially. (2) The broker shall not so insure: (a) With a foreign insurer having capital and surplus amounting to less than one million ($1,000,000) dollars; provided, however, if the Commissioner finds that it is in the public interest, he may allow brokers to insure with foreign insurers having capital and surplus of less than one million ($1,000,000) dollars which were legally writing surplus line insurance in Georgia on January 1, 1969, but in no event shall a broker insure with a foreign insurer having capital and surplus amounting to less than there hundred fifty thousand ($350,000) dollars. (b) With an alien insurer which has been established for less than ten (10) years and which has less than three million ($3,000,000) dollars in total assets. (3) For any violation of this section, in addition to any other penalty provided by law, the brokers' license shall be revoked and the broker shall not again be so licensed within a period of two years thereafter. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 23, 1969. WELCOME CENTERS. No. 445 (Senate Bill No. 231). An Act to provide for the construction of welcome centers at or near the entrance of Federal highways into this State; to provide that the State Highway Department may use the power of eminent domain to acquire sites therefor; to provide for the maintenance and improvement of welcome centers acquired prior to the passage

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of this Act; to provide for the construction, operation and maintenance of welcome centers and surrounding grounds; to provide for the leasing of space for the installation of vending machines therein; to provide that the Department of Industry and Trade may provide for the sale or free distribution of articles and merchandise therein; to repeal a specific law; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Governor shall have authority to direct and provide for the construction of welcome centers at or near the point of entrance into this State of any Federal highway. The State Highway Department may exercise the power of eminent domain in acquiring fee simple title to suitable locations for the erection of such welcome centers. Any welcome center acquired prior to the passage of this Act may be maintained and improved, regardless of whether the fee simple title therefor is in the State. Authorized, etc. Section 2. It shall be the duty of the Department of Industry and Trade to construct, operate and maintain said welcome centers and keep them supplied with such information, pamphlets, and other materials as will advertise and publicize the tourist attractions, natural resources, industry, history, and commerce of this State. Construction, maintenance, etc. Section 3. The State Highway Department is hereby authorized and directed to maintain the grounds surrounding said welcome centers in a neat, attractive condition. The Department of Industry and Trade is further authorized to lease space for the installation of vending machines in said welcome centers and allow the lessee to sell such articles as may be prescribed in such lease. The Department of Industry and Trade is also authorized to provide for the sale or free distribution of articles and merchandise at said welcome centers in such manner as is deemed to be in the best interest of promoting the tourist trade in this State. Grounds, leases, etc. Section 4. An Act providing for the erection and operation

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of welcome stations at or near the entrance of Federal highways into this State, approved December 17, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 185), as amended by an Act approved March 17, 1960 (Ga. L. 1960, p. 1097), is hereby repealed in its entirety. Prior Acts repealed. Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 23, 1969. INSURANCEGROUP LIFE INSURANCE POLICIES. Code 56-2703 Amended. No. 446 (Senate Bill No. 257). An Act to amend Code section 56-2703, relating to life insurance coverage for dependents under group policies, as amended, so as to change the circumstances whereby employees or members insured for group life insurance may be covered against loss due to the death of their spouses, dependent and minor children; 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 56-2703, relating to life insurance coverage for dependents under group policies, as amended, is hereby amended by striking the first paragraph of said Code section and inserting in lieu thereof the following: 56-2703. Dependent coverage. Any policy issued pursuant to sections 56-2701 (1), 56-2701 (3) and 56-2701 (4)

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may be extended to insure the employees or members against loss due to the death of their spouses and dependent or minor children, or any class or classes thereof, subject to the following requirements. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 23, 1969. EDUCATION OF PRESCHOOL AGE HANDICAPPED CHILDREN. No. 447 (Senate Bill No. 275). An Act to authorize the State Department of Education and county and independent boards of education to expend State and local funds to teach deaf, hearing-impaired, and speech-handicapped children of preschool age; to authorize the State Board of Education to adopt rules and regulations to effectuate the purpose of this Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The State Department of Education and county and independent boards of education are hereby authorized to expend State and local funds to teach deaf, hearing-impaired, and speech-handicapped children of preschool age. Section 2. The State Board of Education is empowered to adopt the necessary rules and regulations to effectuate the purposes of this Act. Rules. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 23, 1969.

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ACQUISITION OF SWEETWATER WILDERNESS SITE URGED. No. 12 (House Resolution No. 228-644). A Resolution. Urging the Governor to take the necessary action to acquire title to a certain tract of property for the State of Georgia; and for other purposes. Whereas, William John Russell, the grandfather of Senator Richard B. Russell, laid out and built the town of Sweetwater in 1854 which was utterly destroyed by forces of the Union Army under Major-General John M. Schofield on July 2, 1864; and Whereas, the 250 employees of this textile village were marched to Marietta and from there taken by train to Indiana to work in Union Textile Mills for the duration of the Civil War, thereby producing one of the unique events of that war; and Whereas, the ruins of that town still stand in Sweetwater Valley in the lower drainage basin of Sweetwater Creek in Douglas County, Georgia, only 17 miles from Five Points, in a 1,775 acre wilderness paradise; and Whereas, this 1,775 acre tract is also a priceless outdoor museum of geology, archaeology and natural history; and Whereas, there is not in the vicinity of the Metropolitan Area any similar wilderness site of comparable beauty which will ever be available for acquisition by the State for public use and preservation; and Whereas, it is in the best interest of the present and future citizens of our State for this unique tract to be acquired and preserved for future use as the needs of the future may dictate.

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Now, therefore, be it resolved by the General Assembly of Georgia that the Governor is hereby urged to take any and all action he may find necessary through any State Department he may determine best suited for the purpose to obtain from the present owners of said property, such offers and options that will provide for the acquisition of title to said property by the State of Georgia, at some future time, and the Governor is hereby further authorized to utilize any funds at his disposal in acquiring such options and commitments. Be it further resolved that the Clerk of the House is hereby authorized and directed to transmit an appropriate copy of this resolution to Honorable Lester Maddox, Governor of the State of Georgia. Approved April 17, 1969. MOINA MICHAEL HIGHWAY DESIGNATED. No. 13 (House Resolution No. 37-68). A Resolution. Authorizing and directing the proper officials of the State Highway Department to name the highway between Monroe, Georgia, and Athens, Georgia, the Moina Michael Highway; and for other purposes. Whereas, the immortal Miss Moina Michael, known to the world as the Poppy Princess because of her vision in World War I which resulted in the American Legion adopting the Flanders Poppy as the Legion's symbol of undying faith and its eternal emblem of homage to the memory of America's noble dead, was born in Good Hope, Georgia, in 1869; and Whereas, it was this gallant Georgia woman who answered Colonel McRae's challenging poem, In Flanders Fields, by pledging America's remembrance of those

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hallowed dead who lie beneath the wind-blown cemeteries of northern France by penning: Fear not that ye have died for naught We'll teach the lesson that ye wrought In Flanders Fields; and Whereas, it would be a fitting tribute to this wonderful person to name the highway between Monroe and Athens the Moina Michael Highway, Now, therefore, be it resolved by the General Assembly of Georgia that this Body hereby authorizes and directs the proper officials of the State Highway Department to take immediate action toward naming the highway between Monroe and Athens (U. S. Highway 78) the Moina Michael Highway, and to place appropriate signs and markers at appropriate intervals along the highway so as to inform passersby that the said highway is named after one of the world's great ladies. Said signs to be erected and placed, at sites, within the discretion of the State Highway Department. Approved April 21, 1969. STATE COMMUNICATIONS COMMITTEE CREATED, ETC. No. 14 (House Resolution No. 264-802). A Resolution. Approving the Governor's plan for communications and creating the State Communications Committee; and for other purposes. Whereas, existing telephone equipment and services are duplicated throughout State Government; and Whereas, only 15 departments have Wide Area Telephone

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Service, a long distance telephone service at reduced costs for volume users, and the remaining departments must use more expensive long distance service; and Whereas, inter-department communications are more time-consuming and less efficient than they should be; and Whereas, considerable time is spent in completing inter-departmental telephone calls and in reviewing of individual bills and of long distance calls to allocate costs; and Whereas, the public often experiences difficulty in reaching the right office or department by telephone; and Whereas, no mechanism exists to provide overall guidance and coordination of communications activities in State Government to ensure compatability and economy; and Whereas, a CENTREX system is available which will provide improved communications service at a lower cost; and Whereas, Code section 40-404 (3) authorizes the Governor as Budget Director to submits plans for improvements and economies in operation of the State Government and to implement such plans as are approved by the General Assembly; and Whereas, Governor Maddox has submitted a plan for improvements and economies in communications for State Government. Now, therefore, be it resolved by the General Assembly of Georgia that the Governor's plan for communications is hereby approved and a State Communications Committee to be composed of the State Budget Officer, the Director of the State Highway Department or his designate, the Attorney General or his designate, the

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Secretary of State or his designate and the State Auditor is hereby created for the purpose of developing, maintaining, coordinating and implementing plans for effective communications in State Government. The Committee is hereby empowered to execute contracts with common carriers as needed, and the Committee may designate one of its members as Chairman and empower him to execute such contracts. Approved April 21, 1969. EASEMENT TO PLANTATION PIPE LINE COMPANY. No. 15 (House Resolution No. 128-341). A Resolution. Authorizing the Governor, on behalf of the State of Georgia, to convey to Plantation Pipe Line Company an easement for right-of-way purposes for a petroleum products pipeline or pipelines across certain lands of Fort Yargo State Park in Barrow County, Georgia; and for other purposes. Whereas, Plantation Pipe Line Company desires to lay and maintain a pipeline or pipelines in and through certain lands of the Fort Yargo State Park south of Winder in Barrow County, Georgia; and Whereas, the proposed Fort Yargo route calls for a permanent easement 155 feet in width contiguous to a previous easement of 30 feet, and being more particularly described as follows: All those tracts or parcels of land, containing 374.22 acres more or less lying and being in the 243rd and 249th Districts of Barrow County, Georgia, being the same land described as Traces 14, 16, 17 20 in that certain deed dated 11-10-54 from the United States of America to the State of Georgia, and recorded in Book DD, Pages

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111-114 of the Barrow County Records; Also all that certain tract or parcel of land containing 60 acres, more or less, lying and being in the Bethlehem District of Barrow County, Georgia, and being the same land described in that certain deed dated 9-28-62 from Lucy F. McDaniel to the State of Georgia and recorded in Book MM, Page 255 of the Barrow County Records.; and Whereas, a survey has been made of the proposed easement and right-of-way, dated March 25, 1968, and presented to the Department of State Parks of the State of Georgia and there are no objections thereto; and Whereas, under the provisions of an Act approved February 26, 1943 (Ga. L. 1943, p. 1662), it is declared as being in the public interest that corporations engaged in constructing, running, and operating pipelines in this State for the transportation of petroleum products shall have the right to traverse with pipelines any property owned by the State or any subdivision thereof; and Whereas, the construction of such pipeline or pipelines would be of benefit to the State of Georgia; and Whereas, Plantation Pipe Line Company has previously paid to the Department of State Parks, State of Georgia, the sum of $5,000.00 which has been deposited by said Department in the State Treasury for a temporary permit and permanent easement and right-of-way across the Fort Yargo property, and this is a fair and reasonable consideration for the granting of such easement and right-of-way. Now, therefore, be it resolved by the General Assembly of Georgia that the Governor, acting for and on behalf of the State of Georgia, be and he is hereby authorized and empowered to convey to Plantation Pipe Line Company, its successors and assigns, an easement for a petroleum pipeline right-of-way as hereinbefore described across, through and under the property and tract of land

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of the State of Georgia as particularly described in this resolution. However, said easement shall contain provisions reserving to the State of Georgia, its successors and assigns, such rights and privileges in said property and tract of land as may be used and enjoyed without interfering with or abridging the rights contained in the easement conveyed to Plantation Pipe Line Company. Be it further resolved that upon ascertaining that the sum of $5,000.00 has been paid into the State Treasury as set forth in this resolution, the Governor, acting for and on behalf of the State of Georgia, be and he is further authorized and empowered to execute and deliver said easements and other written instruments that may be necessary for the said petroleum pipeline right-of-way purposes and said easements and other instruments shall be in such form as may be necessary to carry out the provisions of this resolution and originate record chain of title to the easement herein authorized. Approved April 23, 1969. LAND CONVEYANCE TO BOARD OF EDUCATION AND ORPHANAGE FOR BIBB COUNTY. No. 16 (House Resolution No. 178-462). A Resolution. Authorizing the State of Georgia to convey to the Board of Public Education and Orphanage for Bibb County all that title and interest which the State possesses in a certain tract of land. Whereas, pursuant to the provisions of an Act approved February 3, 1953 (Jan.-Feb. 1953, p. 2067), the State of Georgia granted and conveyed to the Board of Public Education and Orphanage for Bibb County a certain tract of land for educational purposes; and

Page 621

Whereas, it is the desire of said Board to devote said tract of land to purposes other than educational; and Whereas, said tract of land is described as follows: All that tract or parcel of land lying and being in the City of Macon, Bibb County, Georgia, and being more particularly described by reference to a plat of Thomas H. Winchester, Jr., Georgia Registered Land Surveyor No. 757, dated July 21, 1966, revised November 11, 1966 of record in Plat Book, Folio 116, Clerk's Office, Bibb Superior Court; said property being described with reference to said plat as all or part of Lots 1, 2, 3, 4, 5, 6, 7 and 8, Block 9 of the Northwest Common, of the City of Macon, and is described with reference to said plat as beginning at a point on the northwesterly side of the original street line of Madison Street where the southwesterly side of Williams Lane intersects said original street line of Madison Street, and from said beginning point running thence southwest 384.0 feet, more or less, along said original street line of Madison Street to a point where said original street line intersects the southwesterly line of Lot 4, Block 9 of the Northwest Common of the City of Macon; thence north 65 degrees 24[UNK] West 341.7 feet to a brass dowel; thence north 35 degrees 00[UNK] east 371.4 feet to a brass dowel located on the southwesterly side of Williams Lane; thence south 68 degrees 59[UNK] east 248.8 feet to the point of beginning; and Whereas, said tract of land is of no use or benefit to the State of Georgia. Now, therefore, be it resolved by the General Assembly of Georgia that the Governor, acting for and in behalf of the State of Georgia, is hereby authorized to execute the necessary instruments conveying to the Board of Public Education and Orphanage for Bibb County all that title and interest in said tract of land which the State of Georgia possesses. Approved April 23, 1969.

Page 622

DISTRIBUTION OF FUNDS TO CERTAIN COUNTIES UNDER MINIMUM FOUNDATION PROGRAM FOR EDUCATION ACT. No. 17 (House Resolution No. 179-462). A Resolution. Authorizing and instructing the State Department of Education to pay certain sums to certain local units of administration who were denied their proportionate share of the funds distributed under the Minimum Foundation Program for Education Act due to errors committed in the preparation of their equalized adjusted school property tax digest; and for other purposes. Whereas, due to errors committed in the establishment of the equalized adjusted school property tax digest which was prepared for Cook, Grady, Newton, Seminole, Wayne and Charlton counties for the purpose of distributing funds pursuant to the Minimum Foundation Program for Education Act, such local units of administration did not receive an equitable distribution of their rightful share of such funds for the 1968-69 school year. Now, therefore, be it resolved by the General Assembly of Georgia that the State Department of Education is hereby authorized and instructed to pay to the local unit of administration of Cook County the sum of $3,357.31; to the local unit of administration of Grady County the sum of $26,543.32; to the local unit of administration of Newton County the sum of $31,975.72; to the local unit of administration of Seminole County the sum of $18,985.86; to the local unit of administration of Wayne County the sum of $21,377.99; and to the local unit of administration of Charlton County the sum of $56,461.09. Said sums shall be paid from the funds appropriated for or available to the State Department of Education. Approved April 23, 1969.

Page 623

FEASIBILITY STUDY OF TIRED CREEK AREA OF GRADY COUNTY AS STATE PARK SITE. No. 18 (House Resolution No. 190-527). A Resolution. Authorizing the State Parks Department and the members of the Recreational Facilities Sub-Committee of the State Institutions and Property Committee to investigate the feasibility of accepting a new State Park site known as the Tired Creek project located in Grady County; and for other purposes. Whereas, the many beautiful State Parks throughout the State of Georgia have contributed immeasurably to the financial and social well being of all our State citizens; and Whereas, the Tired Creek area in Grady County is rich in natural beauty, thus lending itself readily adaptable as a site for a future State Park; and Whereas, Grady County, through its own initiative, has compiled data, secured options, and has completed engineering studies to determine the feasibility of a proposed lake impoundment; and Whereas, Grady County has submitted proper application and has received approval of Federal matching funds in the amount of $328,137 for the acquisition of said lands; Whereas, Grady County proposes to match the Federal grant in a like amount making a total land acquisition project of $656,275; and Whereas, Grady County is willing to deed in fee simple (at no cost to the Department) to the Department of State Parks approximately 3,475 acres for the establishment of a State Park. Now, therefore, be it resolved by the General Assembly of Georgia, that the State Parks Department and

Page 624

the members of the Recreational Facilities Sub-Committee of the State Institutions and Property Committee is hereby authorized to investigate the possibility of accepting the property being offered by Grady County; and, if said property is found to be desirable and acceptable by the State Parks Department and Recreational Facilities Sub-Committee Members, acceptance approval must be obtained from the Appropriations Sub-CommitteesAgriculture, Parks, and Public Worksand the State Properties Acquisition Commission before being taken into the State Parks System. Approved April 23, 1969. LAND CONVEYANCE IN BALDWIN COUNTY AUTHORIZED. No. 19 (House Resolution No. 201-575). A Resolution. Authorizing the conveyance of certain real property located in Baldwin County, Georgia; and for other purposes. Whereas, the State of Georgia is the owner of certain real property located in Baldwin County, Georgia, which is currently under the control and jurisdiction of the Department of Health; and Whereas, said real property is all that tract or parcel of land lying and being in the County of Baldwin, State of Georgia, and more particularly described as follows: All of that certain triangular shaped lot, piece or parcel of land, situate, lying and being in the 231st Militia District of Baldwin County, Georgia, containing one-half acre, more or less, lying along the southern side of Georgia State Highway number 49, and being more particularly described as follows: Beginning at the point

Page 625

of intersection of the southerly right of way line of said Georgia State Highway number 49 with its point of intersection with the center line of that portion of that old abandoned road sometimes referred to as the Garrison Road running along the northern property line of land of Charles Ivey, said point of beginning being marked by a stake set thereon; thence running north 59 degrees 16 minutes east, along the southerly right of way line of said Georgia State Highway number 49, a distance of 377.7 feet to a concrete right of way marker; thence running south 46 degrees 15 minutes east, along the eastern side of a drive running to the former residence of C. A. Ivey, a distance of 116.5 feet to a stake; thence running south 74 degrees 37 minutes west, along the center line of said abandoned Garrison Road, a distance of 424.0 feet to the point of beginning. Also that portion of the aforesaid abandoned old Garrison Road lying along the southerly boundary line of the parcel herein first above described, and between said southerly boundary line and the northerly property line of lands of Charles Ivey. The parcel first above described is more fully set out and shown on that certain plat of same, made from a survey by Calvin Rice, registered Georgia Surveyor, number 58, dated February 1, 1969, entitled `Plat of Survey 0.50 () acre survey from land of The Central State Hospital of The State of Georgia in the 321st G. M. D. and in land lot No. 264, 1st Land District, Baldwin County, Ga.', and to which plat reference is made in aid of the description hereinabove given. Whereas, the above described real property is no longer needed by the Department of Health or the State of Georgia and is, therefore, surplus. Now, therefore, be it resolved by the General Assembly of Georgia, that the Governor, acting for and on behalf of the State of Georgia, is hereby authorized to convey the hereinabove described tract or parcel of land subject to the following conditions:

Page 626

(1) That the conveyance of said tract or parcel or any part thereof shall be approved by the State Properties Control Commission. (2) That the consideration for said conveyance shall not be less than the highest of three fair and accurate appraisals of the value of said tract or parcel of land, which appraisals shall be obtained by the State Properties Control Commission. Approved April 23, 1969. LAND CONVEYANCE TO J. P. STEVENS CO., INC. AUTHORIZED. No. 20 (House Resolution No. 234-682). A Resolution. Transferring the control and jurisdiction over a tract of land located in Baldwin County, Georgia, to the State Properties Control Commission; and for other purposes. Whereas, there is a certain tract of land located in Baldwin County, Georgia, containing 14.28 acres, more or less, which is owned by the State of Georgia; and Whereas, said tract of land is more particularly described as follows: Beginning at a point on the southeastern right-of-way line of the Georgia Railroad, said point of beginning being located a distance of three hundred and twenty-eight and 75/100 feet (328.75) S 53-30[UNK] W along the northeastern right-of-way line of the Georgia Railroad and S 36-30[UNK] E a distance of one hundred and fifty and 00/100 feet from the most easterly corner of the property presently owned by J. P. Stevens Co., Inc. Commencing at the point of beginning and going N 53-30[UNK] E,

Page 627

a distance of seven hundred and twenty-four and 67/100 (724.67) feet along the southeastern right-of-way line of the Georgia Railroad to a corner; thence S 14-36[UNK]-30[UNK] E, a distance of nine hundred and fifty and 36/100 (950.36) feet to a corner; thence S 75-23[UNK]-30[UNK] W, a distance of seven hundred and eighty-three and 58/100 (783.58) feet to the center of an unpaved road and a corner; thence N 25-45[UNK]-30[UNK] W, a distance of one hundred and forty-two and 27/100 (142.27) feet to a point in said unpaved road; thence N 12 45[UNK]-30[UNK] W, a distance of two hundred and 00/100 (200.00) feet to a point in said road; thence N 04-54[UNK] W, a distance of one hundred and 00/100 (100.00) feet to a point in said road; thence N 01-27[UNK]-30[UNK] E, a distance of one hundred and 00/100 (100.00) feet to a point in said road; thence N 11-55[UNK]-300[UNK] E, a distance of one hundred and 00/100 (100.00) feet to a point in said road; thence N 22-05[UNK] E, a distance of seventy-two and 28/100 (72.28) feet to a point in the center of said unpaved road and the point of beginning; said parcel of land described herein containing fourteen and 28/100 (14.28) acres.; and Whereas, said tract of land is no longer needed by the State of Georgia and is, therefore, surplus; and Whereas, the Milledgeville Plant of J. P. Stevens Co., Inc., needs said tract of land for use as an equalization basin for wastewaters, and said tract of land should be leased to said Corporation for that purpose; and Whereas, said equalization basin is needed for leveling out waste-water chemical concentrations and peaks and valleys in flow characteristics before said wastewaters are discharged from said Milledgeville Plant into the State's waste treatment facility. Now, therefore, be it resolved by the General Assembly of Georgia that the control and jurisdiction over said tract of land hereinabove described is hereby transferred to the State Properties Control Commission and said Commission is hereby authorized to lease said tract of

Page 628

land to J. P. Stevens Co., Inc., the consideration for said lease to be as agreed upon by said Commission and said Corporation, subject to the following conditions: (1) That said tract of land shall be used by J. P. Stevens Co., Inc., for an equalization basin for wastewaters, and (2) That said lease shall provide that in the event said tract of land ceases to be used as an equalization basin for wastewaters, said lease shall terminate, and the control and jurisdiction over said tract of land thereupon revert to the State Properties Control Commission. Be it further resolved that the Chairman of the State Properties Control Commission, acting for and one behalf of said Commission, and a duly authorized officer of J. P. Stevens Co., Inc., are hereby authorized to execute the instrument or instruments necessary to carry out the provisions of this Resolution, and any such instrument or instruments shall be attested by the Secretary of said Commission and a duly authorized officer of J. P. Stevens Co, Inc. Approved April 23, 1969. LAND CONVEYANCE TO DEPARTMENT OF PUBLIC SAFETY. No. 21 (House Resolution No. 307-904). A Resolution. Authorizing the conveyance of a certain tract of land located in Baldwin County, Georgia; and for other purposes. Whereas, the State of Georgia, through the Georgia Forestry Commission, is the owner of a certain tract of land located in Baldwin County, Georgia; and

Page 629

Whereas, said tract of land is more particularly described as follows: All that tract or parcel of land situate, lying and being in, and a part of, land lots 253 and 264, in the First Land District, 321st District, G. M., Baldwin County, Georgia, the same containing 12.11 acres, and being generally bounded as follows: Beginning at a point on the northwesterly property line of State Highway 49, which point is north 76 degrees 20 minutes east a distance of 372.08 feet along said highway property line from a concrete monument which monument is on the projection of the line of center of the public street known as Sycamore Road; thence from said point of beginning north 13 degrees 40 minutes west for a distance of 466.38 feet along the property line of lands of Georgia Forestry Commission; thence north 24 degrees 55 minutes east for a distance of 766.88 feet along the property line of lands of Baldwin County Board of Education; thence south 77 degrees 22 minutes east for a distance of 400.00 feet along the property line of lands of Georgia Forestry Commission; thence south 12 degrees 38 minutes west for a distance of 1000.00 feet along the property line of lands of Georgia Forestry Commission to a point on said highway property line; thence south 76 degrees 20 minutes west for a distance of 400.00 feet along said highway property line to the point of beginning. The said described property is more fully described by reference to the plat thereof made by Calvin W. Rice, Registered Georgia Surveyor No. 58, County Surveyor Baldwin County, Georgia, on February 14, 1969; and Whereas, the Georgia Forestry Commission has no further use for said property, and it is, therefore, surplus to said Commission; and Whereas, the Department of Public Safety has a need for said property and will use it to the best advantage to the State by constructing a State Patrol Barracks thereon.

Page 630

Now, therefore, be it resolved by the General Assembly of Georgia that the Governor, acting for and on behalf of the State of Georgia, is hereby authorized to convey to the Department of Public Safety the above described tract of land. Approved April 23, 1969. UNIFORM CONSUMER CREDIT CODE STUDY COMMITTEE. No. 22 (Senate Resolution No. 101). A Resolution. Creating the Uniform Consumer Credit Code Study Committee; and for other purposes. Whereas, consumer credit legislation was proposed in the Senate and the House of Representatives during the 1969 Session of the General Assembly; and Whereas, the proposed legislation, commonly referred to as Uniform Consumer Credit Code, consolidates and revises certain aspects of the law relating to consumer and other loans, consumer and other sales of goods, services and interests in land and consumer leases and also revises the laws relating to usury; and Whereas, because of the extensive changes in the laws relating to consumer credit, Senate Bill No. 18 has been recommitted for further study and House Bill No. 16 has been substantially amended by substitute. Now, therefore, be it resolved by the General Assembly of Georgia that there is hereby created the Uniform Consumer Credit Code Study Committee to be composed of six members of the Senate, to be appointed by the President of the Senate; six members of the House of Representatives,

Page 631

to be appointed by the Speaker of the House of Representatives; eight members of the general public; one of whom shall be a representative of the Georgia Industrial Loan Association; one of whom shall be a member of the Georgia Retail Merchants Association; one of whom shall be a member of the Georgia Bankers Association; one of whom shall be a member of the Georgia Savings and Loan Association; and four persons knowledgeable in consumer affairs who are not affiliated with the consumer credit industry in any manner, to be appointed by the Governor. The Comptroller General, the Secretary of State, and the Superintendent of Banks shall be ex officio members of the committee. The committee shall conduct a thorough study of Senate Bill No. 18 and House Bill No. 16, the version of the Uniform Consumer Credit Code recommended by the National Conference of Consumers on Uniform State Laws, the Federal Consumer Credit Protection Act and the laws of other States relating to consumer credit, The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to fully and effectively exercise its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The legislative and appointed members of the committee shall receive the allowances authorized for legislative members of interim legislative committees. The Comptroller General, the Secretary of State, and the Superintendent of Banks shall receive actual expenses incurred in connection with their work on the committee from their respective agencies. The funds necessary to carry out the provisions of this resolution shall come from funds appropriated to or available to the legislative branch of the government. The committee shall make a report of its findings and recommendations to the 1970 Session of the General Assembly of Georgia, at which time the committee shall stand abolished. Approved April 23 1969.

Page 632

SCHOLARSHIP STUDY COMMITTEE. No. 23 (Senate Resolution No. 117). A Resolution. Creating the Scholarship Study Committee; and for other purposes. Whereas, in the 1968 general election, a constitutional amendment was ratified authorizing the General Assembly to provide a program of scholarships to children of law enforcement officers, firemen and prison guards who are permanently disabled or killed in the line of duty; and Whereas, it is desirable that this constitutional amendment be implemented with sound legislation. Now, therefore, be it resolved by the General Assembly of Georgia that there is hereby created the Scholarship Study Committee, to be composed of three members of the Senate to be appointed by the President thereof and three members of the House of Representatives to be appointed by the Speaker thereof. The members of the committee shall make a thorough and exhaustive study of the constitutional amendment authorizing a program of such scholarships, and shall submit to the 1970 session of the Georgia General Assembly their recommendations for legislation to implement said amendment. The committee shall be authorized to meet not in excess of ten (10) days, but shall be authorized to meet for such number of additional days as shall be authorized by the President of the Senate and the Speaker of the House of Representatives. The committee shall make a report of its findings and recommendations to the 1970 session of the General Assembly, at which time it shall stand abolished. The members of the committee shall receive the compensation, per diem, expenses and allowances authorized for legislative members of interim study committees. Approved April 23, 1969.

Page 633

GEORGIA STATE WAR VETERANS HOMEADMISSION AND DISCHARGE OF VETERANS. No. 448 (Senate Bill No. 110). An Act to amend an Act establishing the Georgia State War Veterans' Home, approved June 22, 1955 (Ga. L. 1955, Ex. Sess., p. 18), as amended, so as to authorize the Veterans Service Board to admit and discharge certain veterans to the Georgia State War Veterans' Home and may adopt appropriate rules to carry out this function; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing the Georgia State War Veterans' Home, approved June 22, 1955 (Ga. L. 1955, Ex. Sess., p. 18), as amended, 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. Admissions to and discharges from any facility of the Georgia State War Veterans' Home shall be under the control of the governing authority of the facility concerned under the laws and department rules and regulations in force at the time application for admission or for discharge is presented. Provided, however, the Veterans Service Board may admit and discharge veterans to the Georgia State War Veterans' Home who qualify for care and treatment under Title 38, U.S.C., Section 10 (19) and Section 641 and may adopt appropriate rules consistent with accepted medical considerations to carry out this function. The governing authority of such facility shall exercise appropriate police power and power of restraint over veterans at the Georgia State War Veterans' Home consistent with policies applied to other patients under their care or responsibility. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 24, 1969.

Page 634

STATE DEPARTMENT OF VETERANS SERVICEPURCHASE OF AMBULANCE AUTHORIZED. No. 449 (Senate Bill No. 111). An Act to amend an Act authorizing the State Department of Veterans Service to purchase an ambulance for use in transporting Georgia veterans to and from hospitals, approved February 19, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 131), so as to authorize said Department to also transport Georgia veterans to, from, and between facilities operated by the Veterans Service Board for the care and treatment of veterans; 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 authorizing the State Department of Veterans Service to purchase an ambulance for use in transporting Georgia veterans to and from hospitals, approved February 19, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 131), is hereby amended by striking section 1 in its entirety and inserting in lieu thereof a new section 1 to read as follows: Section 1. The State Department of Veterans Service is hereby authorized and empowered to purchase, through the State Purchasing Department as other State purchases are made, an ambulance for use in transporting Georgia veterans to and from Veterans Administration hospitals and other hospitals and to, from, and between facilities operated by the Veterans Service Board for the care and treatment of veterans. Such purchase shall not fall within the restrictions relating to purchase, use and furnishing of automobiles as provided in Chapter 40-20 of the Code of Georgia of 1933, as amended. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 24, 1969.

Page 635

LEGISLATIVE SERVICES COMMITTEEMEMBERSHIP OF CODE REVISION COUNCIL. No. 450 (House Bill No. 30). An Act to amend an Act creating the Legislative Services Committee and the Code Revision Council, approved March 10, 1959 (Ga. L. 1959, p. 152), as amended, particularly by an Act approved March 28, 1961 (Ga. L. 1961 p. 230), and an Act approved March 18, 1966 (Ga. L. p. 586), so as to change the composition of the Code Revision Council; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Legislative Services Committee and the Code Revision Council, approved March 10, 1959 (Ga. L. 1959, p. 152), as amended, particularly by an Act approved March 28, 1961 (Ga. L. 1961, p. 230), and an Act approved March 18, 1966 (Ga. L. 1966, p. 586), is hereby amended by striking from the first paragraph of section 8 that sentence which reads as follows: In addition, the deans of the law schools at the University of Georgia, Mercer University and Emory University shall be members of the Code Revision Council, so that the total membership of the Code Revision Council shall be seven persons., and inserting in lieu thereof the following: In addition, the deans of the law schools at the University of Georgia, Mercer University and Emory University and, Ex-Officio, the President of the State Bar of Georgia shall be members of the Code Revision Council, so that the total membership of the Code Revision Council shall number eight persons., so that when so amended the first paragraph of section 8 shall read as follows:

Page 636

Section 8. In aid of the Legislative Services Committee and its responsibility to provide for the codification of the laws of this State, as provided in section 2, there is hereby created an adjunct of said Legislative Services Committee to be known as the `Code Revision Council.' Its membership shall be the Chairman of the Judiciary Committee of the Senate, the Chairman of the Judiciary Committee of the House (both as members of the Legislative Services Committee), one additional Senate member of the Legislative Services Committee, preferably a lawyer, appointed by the President of the Senate, and one additional House member of the Legislative Services Committee, preferably a lawyer, appointed by the Speaker of the House, making a total of four members of the Legislative Services Committee on the Code Revision Council. In addition, the deans of the law schools at the University of Georgia, Mercer University and Emory University and, Ex-Officio, the President of the State Bar of Georgia shall be members of the Code Revision Council, so that the total membership of the Code Revision Council shall number eight persons. In each even-numbered year the Chairman of the Judiciary Committee of the Senate shall serve as Chairman of the Council, and the Chairman of the Judiciary Committee of the House shall serve as Vice-Chairman of the Council, and in odd-numbered years the Chairman of the Judiciary Committee of the House shall serve as Chairman of the Council, and the Chairman of the Judiciary Committee of the Senate shall serve as Vice-Chairman of the Council. The Legislative Counsel shall serve as the Secretary of the Council. The legislator-members of the Council shall receive no additional compensation, per diem, expenses or allowances for service on the Council during sessions of the General Assembly, but for each day spent in the performance of their duties hereunder between sessions such legislator-members, and the other members of the Council as well shall receive the compensation, per diem, expenses and allowances authorized for interim legislative committees, upon certification thereof by the Chairman of the Legislative Services Committee to the State Treasurer.

Page 637

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 24, 1969. MOTOR VEHICLESANNUAL PERMITS FOR OVERHEIGHT VEHICLES. No. 451 (House Bill No. 121). 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, so as to provide for annual permits on overheight vehicles; to provide for indemnity bonds or proof of insurance protection as a condition precedent to the issuance of such permits; 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, is hereby amended by inserting at the end of subparagraph (c) of subsection (d) of section 1 the following: (d) Overheight $25.00 (but not to exceed the height of fourteen (14) feet and six (6) inches) on condition of payment of an indemnity bond or proof of insurance protection for $300,000.00, said bond or insurance protection conditioned for payment to the Highway Department to be held in trust for the benefit of this owners of bridges and appurtenances thereto, traffic signals, signs or other highway structures damaged by a vehicle operating under authority of such overheight annual permit, the liability under the bond or insurance certificate shall be absolute and shall not depend on proof of negligence

Page 638

or fault on the part of the permitee, his agents, or operators., so that when so amended subsection (d) of section 1 shall read as follows: (4) Twelve (12) month permit on heavy equipment; (a) Overweight $50.00 (b) Overlength $25.00 (c) Overwidth $25.00 (d) Overheight $25.00 (but not to exceed the height of fourteen (14) feet and six (6) inches) on condition of payment of an indemnity bond or proof of insurance protection for $300,000.00, said bond or insurance protection conditioned for payment to the Highway Department to be held in trust for the benefit of the owners of bridges and appurtenances thereto, traffic signals, signs or other highway structures damaged by a vehicle operating under authority of such overheight annual permit, the liability under the bond or insurance certificate shall be absolute and shall not depend on proof of negligence or fault on the part of the permitee, his agents, or operators. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 24, 1969. REVENUEINCOME TAXCOMPENSATION OF ARMED FORCES PERSONNEL. No. 454 (House Bill No. 333). An Act to amend an Act exempting the compensation received by certain enlisted personnel and certain commissioned officers of the Armed Forces from State income taxes, approved March 16, 1966 (Ga. L. 1966, p. 523), so as to define enlisted personnel; to define commissioned

Page 639

officers; to increase the exemption for certain commissioned officers; 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 exempting the compensation received by certain enlisted personnel and certain commissioned officers of the Armed Forces from State income taxes, approved March 16, 1966 (Ga. L. 1966, p. 523), 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. For the purposes of determining income taxes due the State of Georgia: (a) Enlisted Personnel.Gross income does not include compensation received for active service as a member below the grade of commissioned officer in the Armed Forces of the United States for any month during any part of which such member (1) served in a combat zone during an induction period or any period of voluntary enlistment subsequent thereto, or (2) was hospitalized as a result of wounds, disease, or injury incurred while serving in a combat zone during an induction period or any period of voluntary enlistment subsequent thereto, but this paragraph shall not apply for any month during any part of which there are no combatant activities in any combat zone as determined under subsection (c) of this section. (b) Commissioned Officers.Gross income does not include so much of the compensation as does not exceed $500 received for active service as a commissioned officer in the Armed Forces of the United States for any month during any part of which such officer (1) served in a combat zone during an induction period or any period of voluntary enlistment subsequent thereto, or

Page 640

(2) was hospitalized as a result of wounds, disease or injury incurred while serving in a combat zone during an induction period or any period of voluntary enlistment subsequent thereto; but this paragraph shall not apply for any month during any part of which there are no combatant activities in any combat zone as determined under Subsection (c) of this Section. (c) Definitions.For purposes of this sectionService is performed in a combat zone only if performed on or after the date designated by the President by Executive Order as the date of the commencing of combatant activities in such zone, and on or before the date designated by the President by Executive Order as the date of termination of combatant activities in such zone; except that June 25, 1950, shall be considered the date of the commencing combatant activities in the combat zone designated in Executive Order 10195. Section 2. The provisions of this Act shall become effective for all taxable years beginning 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 24, 1969. CONTRACTS OF CERTAIN DISABLED VETERANS. Code 20-201, 29-106 Amended. No. 455 (House Bill No. 335). An Act to amend the Code of Georgia, as amended, particularly an Act approved March 10, 1966 (Ga. L. 1966, p. 291), so as to provide that the contracts, promissory notes, and any other consensual transactions of certain disabled veterans shall be valid and binding; to provide that the deeds, security deeds and any other conveyances

Page 641

of property to or by certain disabled veterans shall be valid and binding; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Code of Georgia, as amended, particularly by an Act approved March 10, 1966 (Ga. L. 1966, p. 291), is hereby amended by striking Code section 20-201 in its entirety and inserting in lieu thereof a new Code section 20-201 to read as follows: 20-201. Infants' Contracts . Generally the contract of an infant is voidable. If in a contractual transaction an infant receives property or other valuable consideration, and, after arrival at the age of majority, retains possession of such property and continues to enjoy the benefit of such other valuable consideration, he shall have thereby ratified or affirmed the contract and it shall be binding on him. The contract of an infant for necessaries shall be binding on him as if he were of legal majority except that the party furnishing them to him must prove that the parent or guardian of such infant had failed or refused to supply sufficient necessaries for him. The contracts, promissory notes, conditional sales contracts and any other consensual transactions of a minor who is 18 years of age or older and married shall be as effective as though such minor were of the age of majority. The contracts, promissory notes, and any other consensual transactions of any disabled veteran 18 years of age or older who has been declared eligible by the Veterans Administration for a Specially Adapted House and VA grant shall be as effective as though such minor veteran were of the age of majority. Section 2. Said Code is further amended by striking Code section 29-106 in its entirety and inserting in lieu thereof a new Code section 29-106 to read as follows: 29-106. Deeds of an infant . The deed, security deed, bill of sale to secure debt, or any other conveyance of property or interest in property to or by an infant is voidable. If an infant has conveyed property or an interest in property,

Page 642

he may void such conveyance upon arrival at the age of majority; making another conveyance at that time will void the first conveyance without reentry or repossession. If property or an interest in property has been conveyed to an infant, and, after arrival at the age of majority, he retains the possession or benefit of such property or interest in property, he shall have thereby ratified or affirmed the conveyance. The deeds, security deeds, bills of sale, bills of sale to secure debt and any other conveyances of property to or by a minor who is 18 years of age or older and married shall be as effective as though such minor were of the age of majority. The deeds, security deeds and any other conveyances of property to or by any disabled veteran 18 years of age or older who has been declared eligible by the Veterans Administration for a Specially Adapted House and VA grant shall be as effective as though such minor veteran were of the age of majority. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 24, 1969. VETERANS PREFERENCE IN CIVIL SERVICE PROGRAMS. No. 460 (House Bill No. 550). An Act to provide preference for certain veterans in any civil service program established in the State government or any political subdivision thereof; to provide the procedure connected therewith; to define armed conflict; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Any veteran who has served on active duty as a member of the armed forces of the United States for a period of more than 180 days (not counting service under

Page 643

an initial period of active duty for training under the 6 months reserve or national guard programs), any portion of which service occurred during a period of armed conflict in which any branch of the armed forces of the United States engaged, whether under United States command or otherwise, and who was honorable discharged therefrom, shall be entitled to and shall have five points added to his passing score on any competitive civil service examination for employment with the State government or any political subdivision thereof; provided, however, that such veteran is not already eligible for veterans preference under Article II, Section VII, Paragraph XXIV of the Constitution of the State of Georgia. Eligibility, preference. Section 2. Such veteran who has at least ten per centum service connected disability as rated and certified by the Veterans Administration shall be entitled to and shall have ten points added to his passing score on such examination, said ten point preference being in lieu of, and not in addition to, any other similar preference accorded by law. Disabled Veterans. Section 3. For purposes of this Act, armed conflict shall include armed military intervention beyond the limits of the United States as well as any confrontation of the armed forces of the United States with foreign nationals in which actual hostilities erupt. Definition. Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 24, 1969.

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GAME AND FISHPERSONNEL PLACED UNDER STATE MERIT SYSTEM, ETC. No. 461 (House Bill No. 648). 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. 438), as amended, so as to provide that certain employees of the State Game and Fish Commission be included under coverage of the State Merit System of Personnel Administration; to authorize the State Game and Fish Commission to reimburse, from available funds, those of its employees who received a retroactive pay raise in 1966 and were subsequently required to remit the amount of said raise to the State Treasurer; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act completely and exhaustively revising, superseding and consolidating the laws relating to the State Game and Fish Commission, approved March 7, 1955 (Ga. L. 1955, p. 483), as amended, is hereby amended by striking subsection (a) of section 13 in its entirety and substituting in lieu thereof a new subsection (a) of section 13 to read as follows: Section 13. (a) All employees of the State Game and Fish Commission, excluding only the Director and all Special Investigators, shall be governed by such rules of position classification, appointment, promotion, demotion, transfer, dismissal, qualifications, compensation, seniority privileges, tenure, and other employment standards, as may now or hereafter be established under such merit system control as may be authorized by an Act relating to the establishment of a merit system of personnel administration approved February 4, 1943, Georgia Laws 1943, pages 171-177, as amended. Placed under merit system, exceptions.

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The State Game and Fish Commission shall pay its pro rata share of the administrative costs of operating the merit system of personnel administration in the manner prescribed in paragraph (e) of section 3 of the aforesaid Act of the General Assembly found in Georgia Laws 1943, pages 171-177, as it is now or hereafter amended. Section 2. Said Act is further amended by adding a new subsection (d) to section 13 to read as follows: (d) The State Game and Fish Commission is authorized to reimburse, from available funds, those of its employees who received a retroactive pay raise in 1966 and were subsequently required to remit the amount of said raise to the State Treasurer. Compensation. Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 24, 1969. GEORGIA CIVIL PRACTICE ACT AMENDEDFINDINGS OF FACT AND CONCLUSIONS OF LAW BY TRIAL COURTS. Code 81A-152 Enacted. No. 462 (House Bill No. 747). An Act to amend an Act known as the Georgia Civil Practice Act, approved March 18, 1966 (Ga. L. 1966, p. 609), as amended, so as to provide that in all actions in Superior Court tried upon the facts without a jury, the court shall find the facts specially and state separately its conclusions of law thereon; to provide that the court may

Page 646

amend its findings or make additional findings and amend the judgment accordingly; to provide for all matters relative to 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 Civil Practice Act, approved March 18, 1966 (Ga. L. 1966, p. 609), as amended, is hereby amended by adding a new Code section to be known as Code section 81A-152 to read as follows: 81A-152. Findings by the Court.(a) Effect. In all actions in Superior Court tried upon the facts without a jury, the court shall find the facts specially and state separately its conclusions of law thereon and judgment shall be entered pursuant to Section 81A-158; and in granting or refusing interlocutory injunctions the court shall similarly set forth the findings of fact and conclusions of law which constitute the grounds of its action. Request for findings are not necessary for purposes of review. Findings of fact shall not be set aside unless clearly erroneous, and due regard shall be given to the opportunity of the trial court to judge of the credibility of the witnesses. If an opinion or memorandum of decision is filed, it will be sufficient if the findings of fact and conclusions of law appear therein. Findings of fact and conclusions of law are unnecessary on decisions of motions under section 81A-112 or 81A-156 or any other motion except as provided in Section 81A-141 (b). (b) Amendment. Upon motion of a party made not later than 10 days after entry of judgment the court may amend its findings or make additional findings and may amend the judgment accordingly. The motion may be made with a motion for a new trial, but if so made, both motions shall be made within ten (10) days after the entry of judgment. When findings of fact are made in actions tried by the court without a jury, the question of the sufficiency of the evidence to support the findings may thereafter be raised whether or not the party raising the question has made in the trial court an objection to such findings or has made a motion to amend them or a motion for judgment.

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 24, 1969. REVENUEINCOME TAXESMEMBERS OF ARMED FORCES IN VIETNAM COMBAT. No. 463 (House Bill No. 862). An Act to amend an Act approved March 16, 1966 (1966 Ga. L. 523, 525) relating to the determination of income taxes on compensation of certain armed forces personnel to provide for the abatement of income taxes of deceased members of armed forces engaged in Vietnam combat zones; to provide that collected such taxes shall be refunded as an overpayment; to provide for the procedure for administration thereof; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Abatement of Income Tax for Members of the Armed Forces in Vietnam Combat. The Act approved March 16, 1966 (1966 Ga. L. 523, 525) known as Revenue-Income Taxes-Compensation of Armed Forces Personnel, shall be amended by adding a new subsection (d) to the present section 1 of that Act. The new subsection shall read as follows: (d) In the case of an individual who dies as a result of wounds, disease, or injury incurred while serving in a combat zone as a member of the military, naval, or armed forces of the United States or of any of the other United Nations, all income taxes imposed by the laws of Georgia shall not apply for the taxable year of his or her death, nor shall they apply for preceding taxable years beginning on or after January 1, 1965, which are unpaid at the date of his or her death, and such income taxes shall not be assessed, and

Page 648

if assessed, the assessment shall be abated, and if collected shall be refunded as an overpayment. Section 2. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 24, 1969. GRIFFIN JUDICIAL CIRCUITCOMPENSATION OF COURT REPORTER. No. 487 (House Bill No. 588). 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), as amended by an Act approved March 21, 1968, (Ga. L. 1968, p. 349), so as to provide additional compensation to 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), as amended by an Act approved March 21, 1968, (Ga. L. 1968, p. 349), is hereby amended so as to provide additional compensation to said reporter for services rendered as court reporter in the Juvenile Courts in the counties of the Griffin Judicial Circuit, by striking section 2 of said Act in its entirety and inserting in lieu thereof a new section to be numbered and designated as section 2, 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

Page 649

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. Notwithstanding any provision contained in this Section fixing the salary of said court reporter, said court reporter shall, in addition to all other compensation provided as salary by this section, be paid at the rate of $30.00 per diem, the legal per diem rate as fixed by the General Assembly at the 1968 session of the Legislature (Ga. Laws, Vol. 1, p. 1230), for services rendered as Court reporter in the Juvenile Courts in the counties of the Griffin Judicial Circuit, said amount to be paid by the county of said Judicial Circuit in which said services are rendered. Said compensation for services rendered as the reporter in said Juvenile Courts to be in addition to all other compensation provided as salary for said court reporter in criminal cases. The compensation provided for in this Section shall be paid monthly by each county in which said services have been rendered during the current month. The payment of said salary and additional compensation 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 and additional compensation, 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. State of Georgia, County of Spalding: Personally appeared before me, the undersigned officer authorized to administer oaths, Quimby Melton, Jr., 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

Page 650

the newspaper in which the sheriff's advertisements are printed and carried; and That the attached notice of intention to introduce local legislation to provide additional compensation for the court reporter, Griffin Judicial Circuit, for services rendered in the juvenile courts of said circuit was advertised 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 the State of Georgia, as required by the Constitution and laws of said State; and That the attached is a copy of said advertisement in the form and manner in which the same was run as a legal advertisement on the following dates, to-wit: January 9, 1969; January 16, 1969; January 23, 1969. Quimby Melton, Jr. Publisher, Griffin Daily News Sworn to and subscribed before me, this 22nd day of January, 1969. /s/ Joan Cassell Notary Public (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January-February, 1969, Session of the General Assembly of Georgia a bill to provide for the payment of additional compensation to the court reporter of the Griffin Judicial Circuit for services rendered as court reporter in the juvenile courts in the counties of the Griffin Judicial Circuit; to repeal conflicting laws; and for other purposes.

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This 7th day of January, 1969. Quimby Melton, Jr., Representative, District 32, Post 1, Clayton Brown, Jr., Representative, District 32, Post 2, J. R. Smith, Representative, District 39, Post 2, Johnnie L. Caldwell, Representative, District 39, Post 1. State of Georgia, Pike County: 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 attached notice of intention to introduce local legislation to provide additional compensation for the court reporter, Griffin Judicial Circuit, for services rendered in the juvenile courts of said circuit was advertised 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 the State of Georgia, as required by the Constitution and laws of said State; and That the attached is a copy of said advertisement in the form and manner in which the same was run as a legal

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advertisement on the following dates, to-wit: Jan. 16, 1969; Jan. 23, 1969; Jan. 30, 1969. /s/ Mrs. A. W. Quattlebaum Publisher, Pike County Journal Sworn to and subscribed before me, this 20th day of February, 1969. /e/ Shi Gray Holmes Clerk of Superior Court, Pike County, Georgia. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January-February, 1969, Session of the General Assembly of Georgia a bill to provide for the payment of additional compensation to the court reporter of the Griffin Judicial Circuit for services rendered as court reporter in the juvenile courts in the counties of the Griffin Judicial Circuit; to repeal conflicting laws; and for other purposes. This 7th day of January, 1969. Quimby Melton, Jr., Representative, District 32, Post 1. Clayton Brown, Jr., Representative, District 32, Post 2. J. R. Smith, Representative, District 39, Post 2. Johnnie L. Caldwell, Representative, District 39, Post 1.

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State of Georgia, Upson County: 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 attached notice of intention to introduce local legislation to provide additional compensation for the court reporter, Griffin Judicial Circuit, for services rendered in the juvenile courts of said circuit was advertised 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 the State of Georgia, as required by the Constitution and laws of said State; and That the attached is a copy of said advertisement in the form and manner in which the same was run as a legal advertisement on the following dates, to-wit: Jan. 9, 1969; Jan. 16, 1969; Jan. 23, 1969. /s/ Leon Smith Publisher, The Thomaston Times Sworn to and subscribed before me, this 20th day of February, 1969. /s/ Betty H. Huckaby, Notary Public. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January-February, 1969, Session of the General Assembly of Georgia a bill to provide for the payment of additional compensation to the court reporter of the Griffin

Page 654

Judicial Circuit for services rendered as court reporter in the juvenile courts in the counties of the Griffin Judicial Circuit; to repeal conflicting laws; and for other purposes. This 7th day of January, 1969. Quimby Melton, Sr., Representative, District 32, Post 1. Clayton Brown, Jr., Representative, District 32, Post 1. J. R. Smith, Representative, District 39, Post 2. Johnnie L. Caldwell, Representative, District 39, Post 1. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January-February, 1969, Session of the General Assembly of Georgia a bill to provide for the payment of additional compensation to the court reporter of the Griffin Judicial Circuit for services rendered as court reporter in the juvenile courts in the counties of the Griffin Judicial Circuit; to repeal conflicting laws; and for other purposes. This 7th day of January, 1969. Quimby Melton, Jr., Representative, District 32, Post 1. Clayton Brown, Jr., Representative, District 32, Post 2. J. R. Smith, Representative, District 39, Post 2. Johnnie L. Caldwell, Representative, District 39, Post 1.

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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Quimby Melton, Jr. who, on oath, deposes and says that he is Representative from the 32nd District, and that the attached copy of notice of intention to introduce local legislation was published in the Fayette County News which is the official organ of Fayette County, on the following dates: February 5, 12, 19, 1969. /s/ Quimby Melton, Jr. Representative, District 32, Post 2 Sworn to and subscribed before me, this 24th day of February, 1969. /s/ Pamela A. Little, Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved April 25, 1969. AUGUSTA JUDICIAL CIRCUITPAYMENT FOR OFFICE SUPPLIES BY BURKE COUNTY. No. 489 (House Bill No. 595). An Act to authorize and direct the governing authorities of Burke County to pay to the senior judge of the Augusta Judicial Circuit a sum of money for office expenses and supplies; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The governing authorities of Burke County are hereby authorized and directed to pay to the senior

Page 656

judge of the Augusta Judicial Circuit the sum of $600.00 per annum, payable in equal monthly installments from funds of Burke County, which money shall be used to help pay for office expenses and supplies. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1969 Session of the General Assembly of Georgia, a bill to authorize the governing authorities of Burke County to pay to the senior judge of the Augusta Judicial Circuit the sum of $600 per annum, to help pay for office expenses and supplies; and for other purposes. This 21 day of Jan., 1969. Preston B. Lewis, Jr. Representative, 37th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Preston B. Lewis, Jr. who, on oath, deposes and says that he is Representative from the 37th 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 22, 29 and February 5, 1969. /s/ Preston B. Lewis, Jr. Representative, 37th District

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Sworn to and subscribed before me, this 24th day of February, 1969. /s/ Aralee Strange Mason, Notary Public, Georgia, State at Large. My Commission expires Dec. 22, 1972. (Seal). Approved April 25, 1969. CORDELE JUDICIAL CIRCUITSALARY OF COURT REPORTER. No. 496 (House Bill No. 816). An Act to amend an Act placing the official court reporter of the Cordele Judicial Circuit on an annual salary, approved February 8, 1955 (Ga. L. 1955, p. 160), so as to change the compensation of said court reporter; 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 official court reporter of the Cordele Judicial Circuit on an annual salary, approved February 8, 1955 (Ga. L. 1955, p. 160), is hereby amended by striking section 2 in its entirety and inserting in lieu thereof a new section 2, to read as follows: Section 2. The salary of the official court reporter of the Cordele Judicial Circuit shall be the sum of forty-eight hundred dollars ($4,800.00) per annum, which shall be paid out of the general treasury of each one of the various counties composing said Judicial Circuit on the following basis: Crisp County, $1,440.00; Ben Hill County, $1,440.00; Dooly County, $1,080.00; and Wilcox County, $840.00. It shall be, and is hereby made, the duty of the county commissioners, or other authority having control of county matters in said counties, to cause the part or portion of

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said salary so assessed each of said counties to be paid to said officia court reporter monthly in each year out of the funds of said counties, and upon the regular county warrants issued therefor; and it is the further duty of said county commissioners, or other county authorities having control of county matters, to make provisions annually when levying and collecting taxes for expenses of courts for the levying and collection of sufficient taxes in their respective counties for the purpose of paying the portion of said salary chargeable against their respective counties as hereinbefore set forth; and the power to levy taxes for such purposes is hereby delegated to said counties. Said salary of forty-eight hundred dollars ($4,800.00) shall be effective July 1, 1969, and shall be in full payment for all services of said official court reporter in reporting and transcribing felony cases tried in the superior courts of said counties and for secretarial services to the judge and court. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1969 session of the General Assembly of Georgia, a bill to amend an Act placing the court reporter of the Cordele Judicial Circuit on a salary basis, approved February 8, 1955 (Ga. L. 1955, p. 160), so as to change the salary of the court reporter; and for other purposes. This 24th day of January, 1969. A. B. C. Dorminy Jr. Representative, 48th District Ted Hudson Representative, 48th District

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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 48th District, and that the attached copy of notice of intention to introduce local legislation was published in The Fitzgerald Herald which is the official organ of Ben Hill County, on the following dates: January 30, February 6, 12, 20, 1969. /s/ A. B. C. Dorminy, Jr. Representative, 48th District Sworn to and subscribed before me, this 27th day of February, 1969. /s/ Pamela A. Little, Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1969 session of the General Assembly of Georgia, a bill to amend an Act placing the court reporter of the Cordele Judicial Circuit on a salary basis, approved February 8, 1955 (Ga. L. 1955, p. 160), so as to change the salary of the court reporter; and for other purposes. This 24th day of January, 1969. Howard H. Rainey Representative, 47th District Rooney L. Bowen Representative, 47th District

Page 660

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 47th 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: January 3, 10, 17, 1969. /s/ Rooney L. Bowen Representative, 47th District Sworn to and subscribed before me, this 27th day of February, 1969. /s/ Pamela A. Little, Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1969 session of the General Assembly of Georgia, a bill to amend an Act placing the court reporter of the Cordele Judicial Circuit on a salary basis, approved February 8, 1955 (Ga. L. 1955, p. 160), so as to change the salary of the court reporter; and for other purposes. This 24th day of January, 1969. A. B. C. Dorminy Jr. Representative, 48th District Ted Hudson Representative, 48th District

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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, A. B. C. Dorminy who, on oath, deposes and says that he is Representative from the 48th District, and that the attached copy of notice of intention to introduce local legislation was published in The Wilcox County Chronicle which is the official organ of Wilcox County, on the following dates: January 30, February 6, 13, 1969. /s/ A. B. C. Dorminy Jr. Representative, 48th District Sworn to and subscribed before me, this 28th day of February, 1969. /s/ Pamela A. Little, Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Georgia, Crisp County. Affiant herein, namely Jack C. Matthews, being first duly sworn on oath says that he, the affiant, is the publisher and editor of The Cordele Dispatch, a daily newspaper published in Crisp County, and being the official organ of Crisp County, Georgia, that the notice (whereof a true, full, exact and perfect copy is herewith shown) was duly and legally published in The Cordele Dispatch on the following dates: January 29, February 5 and 12, 1969 and that affiant has personal knowledge of the within facts. /s/ Jack C. Matthews Publisher and Editor of The Cordele Dispatch

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Sworn to and subscribed in my presence in Crisp County, Georgia, this 17th day of February, 1969. /s/ Walter Faircloth Notary Public, Crisp County, Georgia. My commission expires Sept. 20, 1972. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1969 session of the General Assembly of Georgia, a bill to amend an Act placing the court reporter of the Cordele Judicial Circuit in a salary basis, approved February 8, 1955 (Ga. L. 1955, p. 160), so as to change the salary of the court reporter; and for other purposes. This 24th day of January, 1969. Howard H. Rainey Representative, 47th District Rooney L. Bowen Representative, 47th District Approved April 25, 1969. SUPERIOR COURT OF DECATUR COUNTYTERMS. No. 504 (House Bill No. 830). An Act to provide for holding four terms a year of the Superior Court of Decatur County, Georgia; to prescribe the terms and time for convening and holding said terms; to prescribe how and when grand juries shall be required to attend said court; to designate and name said terms of court; to provide an effective date; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1. That on and after the effective date of this Act, the Superior Court of Decatur County, Georgia, in the South Georgia Judicial Circuit, shall have four (4) regular terms of Court in each year, convening on the first Monday in February, the first Monday in May, the first Monday in August, and the first Monday in November, provided there shall be no adjournment of either of said four (4) terms until so ordered by the presiding judge or by operation of law, and provided further that nothing herein shall be construed to preclude the holding of adjourned, or special terms of court as provided by statute. Terms. Section 2. All of said terms of said Court are hereby designated as trial terms, and any issue, cause or proceeding of which the Superior Court of Decatur County has jurisdiction may legally be heard, tried and determined at any of the said four (4) terms of court as provided by law. Trial terms. Section 3. The presiding judge of said court shall draw grand juries for the May and November terms of said court and in his discretion he may draw grand juries for either, or both, of the February and August terms of said court, either in term time or vacation. Grand juries. Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, A. Wallace Cato who, on oath, deposes and says that he is Representative from the 68th District, and that the attached copy of notice of intention to introduce local legislation was published in The Post-Searchlight which is the official organ of Decatur

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County, on the following dates: February 6, 13, 20, and 27, 1969. A. Wallace Cato Representative 68th District, Post #2 Sworn to and subscribed before me, this 27th day of February, 1969. Charles L. Carnes Notary Public, Georgia My Commission expires November 9, 1969. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1969 Session of the General Assembly of Georgia, a bill to change the terms of the superior court of Decatur County; and for other purposes. This 31 day of January, 1969. A. Wallace Cato Representative, 68th District J. Willis Conger Representative, 68th District Approved April 25, 1969. OCONEE JUDICIAL CIRCUITCOMPENSATION OF COURT REPORTER. No. 511 (House Bill No. 874). An Act to amend an Act entitled An Act to further define the duties of the Reporter or Stenographic Reporter for the Oconee Judicial Circuit, to provide for additional compensation for him and for other purposes., approved March 6, 1945 (Ga. L. 1945, p. 945), as amended by an Act approved December 12, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2352), so as to change the compensation of the court reporter of the Oconee Judicial Circuit; to provide

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an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to further define the duties of the reporter or stenographic reporter for the Oconee Judicial Circuit, to provide for additional compensation for him and for other purposes., approved March 6, 1945 (Ga. L. 1945, p. 945), as amended by an Act approved December 12, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2352), is hereby amended by striking from section 2 the following: two hundred and seventy-five dollars. The same to be paid by the treasurer or other officer having in charge the county funds by the counties of the circuit as follows: Bleckley County shall pay $35.00; Dodge County $65.00; Montgomery County $30.00; Pulaski County $35.00; Telfair County $50.00; Treutlen County $30.00; and Wheeler County $30.00., and inserting in lieu thereof the following: three hundred fifteen dollars. The same shall be paid by the treasurer or other officer having in charge the county funds by the counties of the circuit as follows: Bleckley County shall pay $45.00; Dodge County $90.00; Montgomery County $30.00; Pulaski County $45.00; Telfair County $65.00; and Wheeler County $40.00., so that when so amended, section 2 shall read as follows: Section 2. Be it further enacted by authority aforesaid that for attending the superior courts, for taking down, transcribing and filing the evidence therein in criminal cases, and for taking down and transcribing the evidence in inquests and courts of inquiry and filing same the reporter or stenographic reporter of the circuit shall be paid as hereinafter stated by the counties of the circuit on the first day of each month on order of the judge of the circuit three hundred fifteen dollars. The same shall be paid by the treasurer or other officer having in charge the county funds by the counties of the circuit as follows:

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Bleckley County shall pay $45.00; Dodge County $90.00; Montgomery County $30.00; Pulaski County $45.00; Telfair County $65.00; and Wheeler County $40.00. Provided the payments aforesaid shall be in lieu of compensation now fixed by law or that may hereinafter be fixed by law for attending the superior courts, inquests and inquiries, and for taking and transcribing the evidence in criminal cases, and in inquests and inquiries, and for filing the same. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Legal Legislation Notice is hereby given that the undersigned intend to apply for the passage of local legislation at the next 1969 session of the General Assembly of Georgia, the title of such bill or bills to be as follows: An Act to amend an Act establishing the compensation of the Oconee Judicial Circuit Reporter and define his duties, approved March 6, 1945, as amended by an Act approved December 12, 1953, by changing the compensation paid to said reporter. This the 17th day of February, 1969. Dr. Frank P. Holder John Henry Anderson Representatives, Bleckley County, Georgia Dodge County, Georgia Pulaski County, Georgia Telfair County, Georgia Pete Phillips Representative, Wheeler County, Georgia Montgomery County, Georgia.

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State of Georgia, County of Fulton: Personally appeared before me, the undersigned authority, an officer duly authorized to administer oaths in and for said State and county, Dr. Frank P. Holder who, on oath, deposes and says that he is the Representative in the General Assembly of the State of Georgia from the County of Dodge, and is the author of the foregoing Act purporting to be an Act to amend an Act establishing the compensation of the Oconee Judicial Circuit Reporter and define his duties, approved March 6, 1945, as amended by an Act approved December 12, 1953, by changing the compensation paid to said reporter; that the attached and foregoing copy of notice of local legislation was published as required by law in the official organs of the counties of Dodge, Bleckley, Pulaski, Telfair, Wheeler and Montgomery as follows:, to wit: In The Times-Journal, the official organ of Dodge County, on February 19, 1969; February 26, 1969 and March 5, 1969. In the Cochran Journal, the official organ of Bleckley County, on February 20, 1969; February 27, 1969 and March 6, 1969. In the Hawkinsville Dispatch and News, the official organ of Pulaski County, on February 20, 1969; February 27, 1969 and March 6, 1969. In the Telfair Enterprise, the official organ of Telfair County, on February 20, 1969; February 27, 1969 and March 6, 1969. In the Wheeler County Eagle, the official organ of Wheeler County, on February 21, 1969; February 28, 1969 and March 7, 1969. In the Montgomery Monitor, the official organ of Montgomery County on February 21, 1969; February 28, 1969 and March 7, 1969. /s/ Dr. Frank P. Holder Representative, 49th District Sworn to and subscribed before me this 10th day of March, 1969. Pamela A. Little Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. Approved April 25, 1969.

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CLERKS OF SUPERIOR COURTS RETIREMENT SYSTEM ACT AMENDED. No. 515 (House Bill No. 5). 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), by 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), an Act approved March 7, 1966 (Ga. L. 1966, p. 222), and an Act approved March 26, 1968 (Ga. L. 1968, p. 420), so as to change the provision relating to population of counties to which section 8 does not apply; 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), by 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), an Act approved March 7, 1966 (Ga. L. 1966, p. 222), and an Act approved March 26, 1968 (Ga. L. 1968, p. 420), is hereby amended by striking from section 8 the following: Provided, that in all counties over 300,000 population, where the compensation of the clerk is on a salary basis, the provision of this section shall not apply., and inserting in lieu thereof the following: Provided, however, in all counties having a population of more than 500,000, according to the United States Decennial Census of 1960 or any future such census, where the compensation

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of the clerk is on a salary basis, the provisions of this section shall not apply., so that when so amended section 8 shall read as follows: Section 8. In all criminal and quasi-criminal cases for violating State statutes tried in any court in Georgia of which the clerk of the superior court is clerk, wherein a fine is collected in an amount of $5.00 or more, or wherein a bond is forfeited in said amount, the sum of $1.50 for each such case each year shall be paid to the board quarterly, or at such time as the board may provide, by the collecting authority. It shall be the duty of the collecting authority to keep accurate records of the amounts due the board, and such records may be audited by the board at any time. The sums remitted to the board under this section shall be used for the purposes provided for in this Act. Provided, however, in all counties having a population of more than 500,000, according to the United States Decennial Census of 1960 or any future such census, where the compensation of the clerk is on a salary basis, the provisions of this section shall not apply. Payments into fund. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 25, 1969. ARTESIAN WELLS TO BE CAPPED. No. 516 (House Bill No. 23). An Act to require the owners of real property or persons having immediate supervision over real property in this State on which is located any free flowing artesian well to have any such well tapped or otherwise stop the flow of any such well, except when in use, when certain conditions exist; to provide certain requirements in connection therewith for the State of Georgia or any agency thereof and political subdivisions; to provide the date when the requirements of this Act shall be complied with; to provide

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for penalties; to provide that the provisions of this Act shall not apply to certain artesian wells; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The owner of any real property in this State on which any free flowing artesian well is located or any person having immediate supervision over any real property in this State on which any free flowing artesian well is located shall have any such artesian well tapped or shall otherwise stop the flow of any such well, except when in use, when the following conditions exist: Wells to be capped. (a) When the flow of any such artesian well is greater than one inch in diameter, and (b) When any such artesian well is located within a onehalf mile radius of any other free flowing well. Section 2. In the event the State of Georgia or any agency thereof or any political subdivision of the State of Georgia owns any real property affected by the provisions of Section 1 of this Act, it shall be the duty of the person or persons having immediate supervision of such real property to comply with the requirements of section 1 of this Act, but the expenses involved in so complying shall be borne by the State agency or the political subdivision owning such real property, as the case may be. Wells on government property. Section 3. It shall be the duty of any person owning or having supervision of any real property affected by the provisions of this Act to comply with the requirements of this Act by not later than January 1, 1970. Any such person failing to comply with such requirements by such date shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor. Each day after such date of failing to comply with such requirements shall constitute a separate offense. Crimes. Section 4. The provisions of this Act shall not apply to any free flowing artesian well which is in constant use for

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the purpose of watering and cooling livestock, or any public swimming pool. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 25, 1969. WORKMEN'S COMPENSATIONLIABILITY OF PRINCIPALS, INTERMEDIATES AND SUB-CONTRACTORS. Code 114-112 Amended. No. 517 (House Bill No. 26). An Act to amend Code Section 114-112 relating to the liability of principals, intermediates and subcontractors, so as to provide that under certain circumstances a claim may be presented to and instituted against the intermediate or principal contractor; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 114-112 relating to the liability of principals, intermediates and subcontractors, is hereby amended by striking the following: Every claim for compensation under this section shall be in the first instance presented to and instituted against the immediate employer, but such proceedings shall not constitute a waiver of the employee's right to recover compensation under this Title from the principal or intermediate contractor; Provided, that the collection of full compensation from one employer shall bar recovery by the employee against any others, nor shall he collect from all a total compensation in excess of the amount for which any of the said contractors is liable.,

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and inserting in lieu thereof the following: Every claim for compensation under this section shall be in the first instance presented to and instituted against the immediate employer, but such proceedings shall not constitute a waiver of the employee's right to recover compensation under this Title from the principal or intermediate contractor. If such immediate employer is not subject to this Title by reason of having less than the required number of employees as prescribed in Code Section 114-107, and the provisions of Code Section 114-607 do not apply, then such claim may be directly presented to and instituted against the intermediate or principal contractor: Provided, however, that the collection of full compensation from one employer shall bar recovery by the employee against any others, nor shall he collect from all a total compensation in excess of the amount for which any of the said contractors is liable. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 25, 1969. TEACHERS' RETIREMENT SYSTEM ACT AMENDED. No. 518 (House Bill No. 37). An Act to amend an Act establishing the Teachers' Retirement System, approved March 19, 1943 (Ga. L. 1943, p. 640), as amended, so as to provide that the personnel of the Georgia Vocational Association may become members of said Retirement System; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing the Teachers' Retirement System, approved March 19, 1943 (Ga. L. 1943, p. 640), as amended, is hereby amended by adding at the end of subsection 5 of section 1 the following:

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The word `teacher' shall also include the full-time executive secretary of the Georgia Vocational Association, and such Association shall pay the required employer contribution; such person shall be entitled to receive credit for prior teaching service by paying the employee's and employer's contribution that would have been paid, plus interest at the rate of 8% per annum. Georgia Vocational Associations. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 25, 1969. STATE DEPARTMENT OF AIR TRANSPORTATIONMEMBERS. No. 519 (House Bill No. 39). An Act to amend an Act establishing the State Department of Air Transportation, approved March 8, 1968 (Ga. L. 1968, p. 130), so as to change the membership of the State Board of Air Transportation; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing the State Department of Air Transportation, approved March 8, 1968 (Ga. L. 1968, p. 130), is hereby amended by striking from the second sentence of section 4 the words Director of the Budget Bureau and inserting in lieu thereof the words State Budget Officer, so that section 4 when so amended shall read as follows: Section 4. The Department shall be under the direction of the State Board of Air Transportation consisting of nine members. The Governor and the State Budget Officer 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

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President of the Senate shall appoint two members of the Senate as members of the Board. The Speaker of the House of Representatives shall 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. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 25, 1969. EMPLOYMENT OF CHILDREN 15 YEARS OF AGE DURING JUNE, JULY AND AUGUST. No. 520 (House Bill No. 51). An Act to amend an Act regulating the employment of children, approved January 30, 1946 (Ga. L. 1946, p. 67), so as to permit the employment of certain fifteen year olds during the months in which they are on vacation from school under certain circumstances; to provide the procedure connected therewith; 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 regulating the employment of children, approved January 30, 1946 (Ga. L. 1946, p. 67), is hereby amended by adding between sections 2 and 3 a new section to be numbered section 2A and to read as follows: Section 2A. Notwithstanding any other provisions of this Act to the contrary, during the months in which a child fifteen years of age is on vacation from school, he may be engaged in any gainful employment which is not otherwise prohibited, if he shall present to his employer the certificate required by section 7 of this Act, and a certificate from a physician licensed to practice medicine under the provisions of Code Chapter 84-9 or Code 84-12, that the child is physically able to accomplish the tasks for which he will be engaged during the course of his employment. This section shall not be construed so as to permit children fifteen years of age to be employed in occupations and activities which are prohibited other than by the provisions of this Act. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 25, 1969. BOUNDARY BETWEEN GEORGIA AND FLORIDA. Code 15-105 Amended. No. 522 (House Bill No. 113). An Act to amend Georgia Code section 15-105, relating to the boundary line between the States of Georgia and Florida, so as to extend the boundary between Georgia and Florida from the mouth of the St. Marys River to the seaward limit of Georgia as now or hereafter fixed by the Congress of the United States; to provide that such boundary is to be considered to extend beyond the seaward limit of the sovereign jurisdiction of this State should

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any need for further delimitation arise; to provide how this Act shall become effective; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Georgia Code section 15-105, relating to the boundary line between the states of Georgia and Florida, is hereby amended by adding at the end thereof the following: ... thence along the middle of the presently existing St. Marys' entrance navigational channel to the point of intersection with a hypothetical line connecting the seaward most point of the jetties now protecting such channel; thence along said line to a control point of latitude 30 42[UNK] 45.6[UNK] north, longitude 81 24[UNK] 15.9[UNK] west; thence due east to the seaward limit of Georgia as now or hereafter fixed by the Congress of the United States; such boundary to be extended on the same true 90 bearing so far as a need for further delimitation may arise., so that Code section 15-105 when so amended shall read as follows: 15-105. The boundary line between Georgia and Florida shall be the line described from the junction of the Flint and Chattahoochee Rivers tothe point 37 links north of Ellicott's Mound, on the St. Marys River; thence down said river to the Atlantic Ocean; thence along the middle of the presently existing St. Marys' entrance navigational channel to the point of intersection with a hypothetical line connecting the seaward most points of the jetties now protecting such channel; thence along said line to a control point of latitude 30 42[UNK] 45.6[UNK] north, longitude 81 24[UNK] 15.9[UNK] west; thence due east to the seaward limit of Georgia as now or hereafter fixed by the Congress of the United States; such boundary to be extended on the same true 90 bearing so far as a need for further delimitation may arise. Section 2. This Act shall not become effective until and unless by November 1, 1970 the Congress of the United States shall ratify, confirm, adopt or otherwise consent thereto. Effective date.

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Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 25, 1969. BOUNDARY LINE BETWEEN GEORGIA AND SOUTH CAROLINA. Code 15-102 Amended. No. 523 (House Bill No. 114). An Act to amend Georgia Code section 15-102, relating to the boundary line between the states of Georgia and South Carolina, so as to extend the boundary between Georgia and South Carolina from the mouth of the River Savannah to the seaward limit of Georgia as now or hereafter fixed by the Congress of the United States; to provide that such boundary is to be considered to extend beyond the seaward limit of the sovereign jurisdiction of this State should any need for further delimitation arise; to provide how this Act shall become effective; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Georgia Code section 15-102, relating to the boundary line between the states of Georgia and South Carolina, is hereby amended by adding at the end thereof the following: Seaward from the mouth of the River Savannah the boundary shall follow the present center of Tybee Knoll Cut Range to the hypothetical line connecting the seaward most end points of the existing protective jetties; thence along said line to a control point at latitude 32 02[UNK] 15.4[UNK] north, longitude 80 51[UNK] 09.4[UNK] west; thence due east to the seaward limit of Georgia as now or hereafter fixed by the Congress of the United States; such boundary to be extended on the

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same true 90 bearing so far as a need for further delimitation may arise., so that Code section 15-102 when so amended shall read as follows: 15-102. The boundary between Georgia and South Carolina shall be the line described as running from the mouth of the River Savannah, up said river and the Rivers Tugalo and Chattooga, to the point where the last-named river intersects with the 35th parallel of north latitude, conforming as much as possible to the line agreed on by the commissioners of said States at Beaufort on the 28th of April, 1787. Seaward from the mouth of the River Savannah the boundary shall follow the present center of Tybee Knoll Cut Range to the hypothetical line connecting the seaward most end points of the existing protective jetties; thence along said line to a control point at latitude 32 02[UNK] 15.4[UNK] north, longitude 80 51[UNK] 09.4[UNK] west; thence due east to the seaward limit of Georgia as now or hereafter fixed by the Congress of the United States; such boundary to be extended on the same true 90 bearing so far as a need for further delimitation may arise. Section 2. This Act shall not become effective until and unless by November 1, 1970 the Congress of the United States shall ratify, confirm, adopt or otherwise consent thereto. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 25, 1969. BOUNDARIES OF GEORGIA. Code 15-101 Amended. No. 524 (House Bill No. 115). An Act to amend Georgia Code section 15-101, relating to the boundaries of this State, so as to conform same to the presently existing boundaries of this State.

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Be it enacted by the General Assembly of Georgia: Section 1. Georgia Code section 15-101, relating to the boundaries of this State, is hereby amended by deleting ... thence along the middle of said river to the Atlantic Ocean, and extending there in three English miles from low water mark... and inserting in lieu thereof ... thence along the middle of said river to the Atlantic Ocean, and extending therein three geographical miles from ordinary low water along those portions of the coast and coastal islands in direct contact with the open sea or three geographical miles from the line marking the seaward limit of inland waters... so that Code section 15-101, relating to the boundaries of this State, as amended shall read as follows: The boundaries of Georgia as deduced from the Constitution of Georgia, the Convention of Beaufort, the Articles of Cession and Agreement with the United States of America entered into on the 24th of April, 1802, the Resolution of General Assembly of December 8, 1826, and the adjudications and compromises affecting Alabama and Florida, are as follows: Code 15-101. From the sea, or the mouth of the River Savannah, along the stream thereof to the fork or confluence made by the Rivers Keowee and Tugalo, and thence along said River Tugalo until the fork or confluence made by said Tugalo and the River Chattooga, and up and along the same to the point where it touches the northern boundary line of South Carolina, and the southern boundary line of North Carolina, which is at a point on the 35th parallel of north latitude, reserving all the islands in said Rivers Savannah, Tugalo, and Chattooga, to Georgia; thence on said line west, to a point where it merges into and becomes the northern boundary line of Alabamait being the point fixed by the survey of the State of Georgia, and known as Nickajack; thence in

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a direct line to the great bend of the Chattahoochee River, called Miller's Bendit being the line run and marked by said survey; and thence along and down the western bank of said Chattahoochee River, along the line or limit of highwater mark, to its junction with Flint River; thence along a certain line of survey made by Gustavus J. Orr, a surveyor on the part of Georgia, and W. Whitner, a surveyor on the part of Florida, beginning at a fore-and-aft tree about four chains below the present junction; thence along this line east, to a point designated 37 links north of Ellicott's Mound on the St. Marys River; thence along the middle of said river to the Atlantic Ocean, and extending therein three geographical miles from ordinary low water along those portions of the coast and coastal islands in direct contact with the open sea or three geographical miles fom the line marking the seaward limit of inland waters; thence running in a northerly direction and following the direction of the Atlantic Coast to a point opposite the mouth, or inlet, of said Savannah River; and from thence to the mouth or inlet of said Savannah River, to the place of beginning; including all the lands, waters, islands, and jurisdictional rights within said limits; and also all the islands within 20 marine leagues of the seacoast. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 25, 1969. GENERAL ASSEMBLYPROCEDURE FOR CONSIDERATION OF THE GENERAL APPROPRIATIONS BILL. No. 525 (House Bill No. 142). An Act to provide the procedure for the consideration of the General Appropriations Bill by the House of Representatives; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1. The General Appropriations Bill shall be referred by the Speaker to the Appropriations Committee of the House of Representatives. In the event such bill is reported out of the Appropriations Committee as do pass by substitute or do pass as amended, neither the Committee of the Whole nor the House of Representatives shall consider such bill until at least 24 hours after such substitute or such amendments, as the case may be, have been printed and placed on the desk of each member. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 25, 1969. BANKS ELIGIBLE FOR APPOINTMENT AS STATE DEPOSITORIES. Code 100-101 Amended. No. 526 (House Bill No. 144). An Act to amend Code section 100-101, relating to the State Depository Board and the naming and appointing of Depositories, as amended, particularly by an Act approved March 23, 1960 (Ga. L. 1960, p. 1144), so as to authorize the State Depository Board to name and appoint as State Depositories those banks which have deposits insured by the Federal Deposit Insurance Corporation; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 100-101, relating to the State Depository Board and the naming and appointment of Depositories, as amended, particularly by an Act approved March 23, 1960 (Ga. L. 1960, p. 1144), is hereby amended by striking said section in its entirety and inserting in lieu thereof a new Code section 100-101, which shall read as follows:

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100-101. State Depository Board: creation, membership; naming and appointment of depositories. A State Depository Board (herein called the Board) is created, consisting of the Governor, the Comptroller General, the State Auditor, the Superintendent of Banks, and the State Treasurer, who shall act as administrative officer of the Board; a majority of whom shall constitute a quorum, and the acts of the majority of whom shall be the acts of the Board. The Board in its discretion may from time to time name and appoint as State Depositories of State Funds any bank or trust company which has its deposits insured by the Federal Deposit Insurance Corporation. The Board shall meet at least once quarterly upon call of the Governor, or, in his absence, upon the call of the State Treasurer. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 25, 1969. EDUCATIONCOMPULSORY SCHOOL ATTENDANCE LAW AMENDED No. 527 (House Bill No. 156). An Act to amend an Act providing for compulsory school attendance, approved March 8, 1945 (Ga. L. 1945, p. 343), as amended by an Act approved February 26, 1957 (Ga. L. 1957, p. 168), and an Act approved March 21, 1958 (Ga. L. 1958, p. 231), so as to require children to enroll and attend a public or private school; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for compulsory school attendance, approved March 8, 1945 (Ga. L. 1945, p. 343), as amended by an Act approved February 26, 1957 (Ga. L. 1957, p. 168), and an Act approved March 21, 1958 (Ga. L.

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1958, p. 231), is hereby amended by striking section 1 in its entirety and substituting in lieu thereof the following: Section 1. Every parent, guardian, or other person residing within the State of Georgia having control or charge of any child or children between their seventh and sixteenth birthdays, shall enroll and send such child or children to a public or private school under such penalty for non-compliance herewith as is hereinafter provided, unless his failure to enroll and attend is caused by his parent, guardian, or other person, in which case the parent, guardian or other person alone shall be responsible. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 25, 1969. GEORGIA HIGHER EDUCATION ASSISTANCE AUTHORITY ACT No. 528 (House Bill No. 168). An Act to create the Georgia Higher Education Assistance Authority; to provide for the membership qualifications, terms of office and compensation of the members; to provide for the objectives and purposes of the Authority; to authorize the Authority to make certain educational loans; to provide the procedures for making such loans; to provide for the powers, duties and responsibilities of the Authority; to provide that the Authority shall be authorized to issue bonds; to provide the procedures connected with the issuance and sale of bonds; to provide for refunding bonds; to provide for the validation of bonds; to provide who may invest in such bonds; to provide for tax exemptions; to provide for the use of bond proceeds; to provide for a loan fund; to provide for an operating fund; to provide for a sinking fund; to provide for remedies for bond holders; to provide for audits and reports; to provide for the procedures connected with all of the foregoing

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matters; to repeal conflicting laws; and for other purposes. Section 1. Short Title. This Act may be cited as the Georgia Higher Education Assistance Authority Act. Section 2. Definitions. As used in this Act, 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.Shall mean the Georgia Higher Education Assistance Authority created by this Act or any authority or body in which the duties and liabilities of the Authority created hereby may hereafter become vested. (b) Bonds.Shall mean any bonds issued by the Authority under the provisions of this Act, including refunding bonds. (c) Loan, Student Loan or Educational Loan.Shall mean a loan of money made to an eligible student for the purpose of enabling or assisting such student in obtaining a higher education or other post-secondary business, trade, technical or vocational education or training at an eligible educational institution. (d) Eligible Student.Shall mean a resident of this State who is enrolled or accepted for enrollment as a full-time or half-time student at an eligible educational institution and who otherwise qualifies for financial aid assistance from the Authority in accordance with such rules and regulations as the Authority may promulgate pursuant to Section 13 hereof. (e) Eligible Educational Institution.Shall mean any institution of higher education or post-secondary educational institution providing business, trade, technical or other vocational education or training which is otherwise recognized and approved by the Authority for the purposes of this Act pursuant to such rules and regulations as the Authority may promulgate pursuant to Section 14 hereof.

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Section 3. Georgia Higher Education Assistance Authority Created. There is hereby created a body corporate and politic to be known as the Georgia Higher Education Assistance Authority which shall be deemed to be an instrumentality of the State and a public corporation, and by that name, style and title said body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity. Section 4. Same; Membership; Officers; Terms; Qualifications; Compensation; Quorum; Books and Records; Duties; Director's Bond. (a) The Authority shall be composed of sixteen (16) members, and the members thereof shall be the same persons who are serving and who shall serve as members of the Georgia Higher Education Assistance Committee. Said Authority members shall serve for a term which shall be the same as and which shall run concurrently with their term of appointment as a member of the Georgia Higher Education Assistance Committee created and established by that certain Act approved April 8, 1968 (Ga. L. 1968, p. 1082), as amended (herein referred to as the Committee), and said term shall expire upon expiration of their term as a member of said Committee. Qualifications of Authority members shall be the same as qualifications provided by law for members of the Georgia Higher Education Assistance Committee. Each Authority member shall be paid the sum of twenty ($20.00) dollars per day for each day or portion thereof during which he is engaged in performance of his duties as a member of the Authority, and shall be reimbursed for expenses incurred in attendance upon meetings of the Authority or while otherwise engaged in the discharge of their duties. Members of the Authority who are State employees shall receive no compensation for their services, but shall be reimbursed for expenses incurred by them in the performance of their duties under this Act. (b) The Authority shall make necessary rules and regulations for its own government, and shall have perpetual existence. The Authority shall be authorized to select and employ an Executive Director, to serve at the pleasure of

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the Authority, and who may also serve as Secretary and Treasurer of the Authority. (c) Members of the Authority shall be accountable in all respects as trustees. The Authority shall keep adequate books and records of all transactions of the Authority, including records of all receipts, income, expenditures and disbursements of every kind. (d) The Authority shall be authorized and empowered to carry out the objectives and details of this Act, and the program provided for herein, and to employ such professionally qualified personnel, experts, agents, consultants, and employees, on a full-time or part-time basis, as may be necessary in order to carry on properly the business of the Authority and effectuate the purposes hereof, provided, however, that all legal services for the Authority shall be rendered by the Attorney General or an attorney designated by him. Full-time personnel employed by the Authority shall be subject to and covered by the Act creating and establishing a merit system of personnel administration, approved February 4, 1943 (Ga. L. 1943, p. 171), as now or may hereafter be amended. Section 5. Overall Purpose and Objective of the Authority. The overall purpose and objective of this Act and of the Authority created hereby is to promote the intellectual, cultural, industrial and economic development of this State and of its citizens by providing, either directly or indirectly, financial aid assistance or services to residents of this State in order to enable or otherwise assist them in obtaining higher education or other post-secondary business, trade, technical or vocational education or training beyond the twelfth (12th) grade. In order to accomplish such purpose and objective, the Authority is hereby authorized, either directly or indirectly, and either independently, in conjunction with, or in cooperation with other persons, bodies and agencies, both public and private, to promote, facilitate, develop and/or administer programs providing for or assistant in the making of educational loans, grants and scholarships to residents of Georgia in order to enable or otherwise assist them in meeting expenses associated

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with their obtaining such post-secondary education or training, and is hereby authorized and empowered, in addition to any other powers herein specifically provided, to render or perform any type of assistance or service associated with the foregoing as the Authority may deem necessary or desirable in order to promote or accomplish the overall purposes and objectives of this Act. The Authority is further authorized, in addition to any other powers herein specifically provided, to enter into any agreements with any persons, bodies or agencies, both public and private, as it may deem necessary or desirable in order to foster or otherwise accomplish the overall purposes and objectives of this Act and of the Authority as stated herein, including, without limiting the generality of the foregoing, such agreements as may be necessary or desirable in order to qualify for or to otherwise in any manner extend or assist in making available to the residents of this State and persons attending educational institutions in this State such loans, grants, scholarships or other type or form of student financial aid benefits or assistance as may now or hereafter be made available under the terms of any program of the United States Government, or any agency, department, bureau or other instrumentality thereof. Section 6. Financial Aid or Services Provided From Funds Other Than Revenue Bonds Proceeds. The Authority is hereby authorized to provide educational financial aid assistance or services to or for the benefit of residents of Georgia and persons attending educational institutions in Georgia from any funds or assets made available to the Authority, other than from funds made available pursuant to the bond provisions contained in this Act, in such form and manner and upon such terms and conditions as the Authority may prescribe, provided, however, that the same shall not be in conflict with provisions of this Act or provisions contained in any bond resolution adopted or trust indenture executed by the Authority pursuant to this Act. For the purposes of this Section, the Authority may from time to time establish additional funds, in trust or otherwise, in addition to such funds as may be established in

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connection with bond provisions contained in this Act, in order to carry out the provisions of this Section. Section 7. Educational Loans Provided From Revenue Bond Proceeds. The Authority is hereby authorized to provide for a program of guaranteed student loans and to use funds made available to the Authority pursuant to the bond provisions contained in this Act for the purpose of making educational loans, which for the purposes of this Act may be construed to include participating with lending institutions participating in the guaranteed student loan program administered by the Georgia Higher Education Assistance Corporation created and established by that certain Act approved March 12, 1965 (Ga. L. 1965, p. 217), as amended (herein referred to as the Corporation) in making such loans and the purchasing of educational loans or interests in such loans theretofore made by such lending institutions, to eligible students enrolled or accepted for enrollment at eligible educational institutions upon such terms and conditions as the Authority may from time to time prescribe within the limits contained in this Act and such limitations as may be contained in any bond resolution adopted or trust indenture executed by the Authority pursuant to this Act. Section 8. Terms and Conditions of Educational Loans. The Authority shall adopt rules and regulations which shall prescribe terms and conditions upon which educational loans may be made to eligible students, provided, however, that such terms and conditions shall not be in conflict with the provisions of this Act or such provisions or limitations as may be contained in any bond resolution adopted or trust indenture executed by the Authority pursuant to this Act. Section 9. Educational Loan to be Guaranteed by the Georgia Higher Education Assistance Corporation. The Authority shall not be authorized to make any educational loans to students from funds made available to the Authority pursuant to the bond provisions contained in this Act unless such loans shall be first approved and guaranteed by the Georgia Higher Education Assistance Corporation. In order to assure that such loans made by the Authority

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shall be eligible for the guaranty of said Corporation, the Authority is hereby specifically authorized, notwithstanding any provision of this Act to the contrary or in conflict therewith, to comply with all provisions of State and Federal law, and all rules, regulations, contracts and agreements lawfully promulgated or entered into pursuant to such laws, respecting guarantee of educational loans by said Corporation or governing the operation of said Corporation. The Authority is authorized to pass on to the student borrower the amount or cost of any fee, premium or other form of charge made by the Corporation for or in connection with the guarantee of educational loans by the Corporation, or as may be made for any services provided in connection with educational loans made or owned, in whole or in part, by the Authority. Section 10. Amount of Loan. The maximum amount of any loan that may be made by the Authority to an eligible student from funds made available to the Authority pursuant to the bond provisions hereof shall not exceed such amount as may be approved and guaranteed by the Georgia Higher Education Assistance Corporation. Section 11. Disbursement of Loan Funds. Educational loan funds may be disbursed to a student directly or through a paying agent, or through or to the educational institution to or for and on behalf of a student, either annually, semi-annually, quarterly, monthly, or by the semester, as may be prescribed by rules and regulations adopted by the Authority, provided, however, that no loan funds shall be disbursed to or for and on behalf of a student until the student has executed a note payable to the Authority in such form as may be required covering the full amount of loan funds disbursed, plus interest and any fee, premium or other charge that may lawfully be passed on to the student. Section 12. Minority not a Disqualification. Any person otherwise eligible for an educational loan or other form of financial aid assistance from the Authority shall not be disqualified by reason of being under the age of twentyone (21) years. For the purposes hereof, such persons shall

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be deemed to have full legal capacity to contract, and shall have all the rights, powers, privileges and obligations of a person of full age with respect to such contracts as may be entered into pursuant to provisions of this Act, and the defense that such person is or was a minor at the time he or she executed any note or other agreement in connection herewith shall not be available to such person in any action arising thereon. Section 13. Definition of Eligible Student May be Broadened or Restricted by the Authority. Except as to residency, the Authority is hereby authorized, from time to time and in its discretion, or upon consideration of funds available to the Authority or of other matters relevant to the administration of this Act, to either broaden or restrict the definition of eligible student contained in Section 2 of this Act in such manner as the Authority may deem necessary, advisable or desirable. Section 14. Definition of Eligible Educational Institution may be Broadened or Restricted by the Authority. The Authority is hereby authorized, from time to time and in its discretion, or upon consideration of funds available to the Authority or of other matters relevant to the administration of this Act, to either broaden or restrict the definition of eligible educational institution contained in Section 2 of this Act in such manner as the Authority may deem necessary, advisable or desirable. Section 15. Additional Powers of the Authority. The Authority shall, in addition to any other powers conferred in this Act, have power to do the following, provided, however, that the same shall not be in conflict with the provisions of this Act and that the Authority shall not exercise such powers in any manner in conflict with provisions contained in any bond resolution adopted or trust indenture executed by the Authority pursuant to this Act, to wit: (a) To have a seal and alter the same at its pleasure; (b) To adopt, alter, or repeal bylaws, rules and regulations governing the manner in which its business may be

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transacted and in which powers granted to the Authority may be effectuated and enjoyed as the Authority may from time to time deem necessary, expedient or incidental to the performance of its duties; (c) To borrow money for any of its corporate purposes and to issue bonds and other evidences of indebtedness payable solely from funds pledged for that purpose, and to provide for payment of the same and for the rights of the holders thereof; (d) To pledge to the payment of its bonds any property or revenues derived therefrom; (e) To acquire, by purchase, lease, borrowing or otherwise, in whole or in part, either absolutely or in trust or loan, and to hold, administer, lease, pledge, use and dispose of, in any manner, real and personal property of every kind and character, including monies, evidences of indebtedness on educational loans guaranteed by the corporation, or any interest therein or income therefrom, for or incidental to any of its corporate purposes; (f) To receive and accept gifts, grants, donations, bequests and devises of any property or thing of value, of every kind and character, or any interest therein and income therefrom, and to hold, administer, lease, use and dispose of the same, in any manner, for or incidental to any of its corporate purposes; (g) To enter into and execute such contracts, agreements and instruments as the Authority may deem necessary, convenient or incidental to the performance of its duties, the execution of its powers, and the administration and management of the affairs of the Authority; (h) To comply with the terms of Part B of Title IV of the Higher Education Act of 1965 (P. L. 89-329) enacted by the United States Congress and dated November 8, 1965, as amended from time to time, and such regulations promulgated pursuant thereto, as may be necessary in order

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to obtain the guarantee of the Georgia Higher Education Assistance Corporation of educational loans made or participated in by the Authority; (i) To procure such policy or policies of insurance on its properties, or to assure repayment of educational loans made or participated in by the Authority, as the Authority may deem appropriate and needful for its purposes; (j) To accept, hold, use, administer, disburse or otherwise utilize any student aid funds or other form of student financial aid benefits made available by the federal government or any agency, department, bureau or instrumentality thereof; to adopt rules and regulations and do such things not in conflict herewith as may be necessary and proper in order to secure the maximum amount of such federal student aid funds and benefits for and on behalf of the people of Georgia and its educational institutions; and to enter into such agreements as may be necessary in order to accomplish the foregoing; (k) To enter into such contracts and agreements with the Georgia Higher Education Assistance Corporation, lending institutions participating in the guaranteed student loan program administered by the Corporation, educational institutions, private persons, firms, organizations, associations and corporations, and any department, agency, bureau or other division or instrumentality of the State or federal government, and to assist, cooperate with, represent, participate in, administer, or act as agent for the same in connection with any loan, grant, scholarship or other student financial aid program sponsored, promoted, administered, financed, supported or participated in by such persons, bodies, agencies, institutions or instrumentalities, as the Authority in its judgment may deem to be necessary, advisable or helpful in order to more effectively accomplish and carry out the overall purposes and objectives of the Authority and of this Act; (l) To use any funds available to the Authority to supply matching funds required in order to make available to students other financial aid funds or benefits available

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from some other source, provided such use of the funds is not otherwise restricted; (m) To exercise any power which may be granted or authorized to be granted to private corporations not in conflict with the Constitution and laws of this State nor with the other provisions of this Act; (n) To do and perform such other acts and things as may be necessary, appropriate or convenient in effectuating the objectives and purposes of the Authority and this Act as provided for herein. Section 16. Authority to Issue Bonds. The Authority, or any authority or body which has or which may in the future succeed to the powers, duties and liabilities vested in the Authority, shall have power and is hereby authorized at one time, or from time to time, to issue bonds in a sum not to exceed $28,000,000.00 in aggregate principal amount outstanding at any one time, for the purpose of making educational loans to eligible students as provided for herein, and is authorized to adopt such resolutions, take such actions, enter into such agreements, and execute such instruments as may be necessary and appropriate to provide for the issuance of such revenue bonds, provided, however, that whenever the Authority shall determine to issue its bonds it shall call upon the Georgia Building Authority to render advice and to perform as its agent ministerial services in connection with the marketing of such bonds. The maximum rate of interest payable on such bonds shall not exceed seven per centum per annum. Section 17. Sale, Terms of Sale, and Interest Rates. (a) The Authority may sell such bonds either at public or private sale, and in such manner and for such price as the Authority may determine will best effectuate the purposes of this Act. If sold at public sale, then such bonds shall be sold at public competitive bidding at a price of not less than par plus accrued interest to date of delivery, provided, however, that the Authority may obligate itself to deliver any given issue of bonds to the purchasers thereof within any reasonable period of time after the sale and

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may pay as a penalty for delay in such delivery such reasonable sums as may be agreed upon in advance in writing with the purchasers. When sold at public sale, such bonds shall be advertised and offered prior to the fixing of the interest rates thereon, and bids thereon shall be competitive as to the interest rate offered by each bidder, provided that as to any issue of bonds the Authority may make rules limiting the number of divisions into which the bonds of various maturity dates may be divided and the number and percentage spreads of the different interest rates which may be bid to apply to such divisions of bonds. The Authority may require reasonable security for the performance of the contract of purchase of any successful bidder at any public competitive bidding held. (b) Such bonds shall be dated, shall bear interest determined as above provided, but not at a rate in excess of the maximum rate set forth above, and shall be payable as to both principal and interest in such manner as may be determined by the Authority. The principal of and interest on such bonds shall be payable solely from the funds herein provided for such payment. (c) Such bonds shall mature not more than twenty years from the date of such bonds, and may be made redeemable before maturity at the option of the Authority at such price or prices and under such terms and conditions as may be fixed by the Authority in the resolution providing for the issuance of bonds. Section 18. Form, Denomination, Registration, and Place of Payment. The Authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination, or denominations, of the bonds and the place or places of payment of the principal and interest thereon 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 as to principal alone or as to both principal and interest, and for the reconversion into coupon bonds of any bonds registered as to both principal

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and interest, and for the interchange of registered and coupon bonds. Section 19. Signatures and Seal. All bonds shall be signed by the Chairman of the Authority, shall be attested by the Secretary thereof, and shall bear the official seal of the Authority. Any coupons attached thereto shall bear the signature of the Chairman of the Authority, and may, if the resolution authorizing the issuance of the bonds so provides, be attested by the Secretary of the Authority. Any coupon may bear the facsimile signature of such persons and any bond may be signed, sealed and attested on behalf of the Authority by such persons as at the actual time of the execution of such bonds shall be duly authorized to hold the proper office, although at the date of such bonds such persons may not have been so authorized or shall not have held such office. In case any officer whose signature shall appear on any bonds or whose fascimile signature shall appear on any coupon shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery. Section 20. Interim Receipts and Certificates or Temporary Bonds. Prior to the preparation of definitive bonds, the Authority may, under like restrictions, issue interim receipts, interim certificates or temporary bonds, with or without coupons exchangeable for definitive bonds upon the issuance of the latter. Section 21. Condition Precedent to Issuance. Resolutions for the issuance of such bonds may be adopted without any other proceedings or the happening of any other conditions or things than those proceedings, conditions, and things which are specified or required by this Act. Any resolution, providing for the issuance of bonds under the provisions of this Act shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special or adjourned meeting of the Authority by a majority of its members.

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Section 22. Refunding Bonds. The Authority is hereby authorized, subject to the provisions of any prior resolution or trust indenture, to provide by resolution for the issuance of refunding bonds of the Authority for the purpose of refunding any bonds issued under the provisions of this Act and then outstanding, together with accrued interest thereon. The issuance of such refunding bonds, the maturities and all other details thereof, the rights of the holder thereof and the duties of the Authority in respect to the same, shall be governed by the provisions of this Act insofar as the same may be applicable. Section 23. Validation. Bonds of the Authority shall be confirmed and validated in accordance with the procedures of the Revenue Certificate Act of 1937, as amended (Ga. L. 1937, p. 761, as amended). Section 24. Negotiability. All bonds issued under the provisions of this Act shall have and are hereby declared to have all the qualities and incidents of negotiable instruments under the law of Georgia. Section 25. Replacement of Lost or Mutilated Bonds. The Authority may provide for the replacement of any bond which shall become mutilated or be destroyed or lost. Section 26. Bonds as Legal Investment; Security for Deposit. Bonds issued by the Authority under the provisions of this Act are hereby made securities in which all public officers and bodies of the State and all municipalities and all municipal subdivisions, all insurance companies and associations and other persons carrying on an insurance business, all banks, bankers, trust companies, savings banks and savings associations, savings and loan associations, building and loan associations, investment companies, and other persons carrying on a banking business, all administrators, guardians, executors, trustees, and other fiduciaries, and all other persons whatsoever who are now or may hereafter be authorized to invest in bonds or other obligations of the State, may properly and legally invest funds, including capital in their control or belonging to them. Said bonds are also hereby made securities which

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may be deposited with and shall be received by all public officers and bodies of this State and all municipalities and municipal subdivisions for any purpose for which the deposit of bonds or other obligations of this State is now or may hereafter be authorized. Section 27. Exemptions From Taxation; Covenant of the State. It is hereby found, determined and declared that creation of the Authority and execution by it of the corporate powers and purposes herein granted and stated will in all respects be for the benefit of the people of this State, and will promote the intellectual, cultural, social, industrial and economic capacity of the people of this State, and that the Authority is an institution of purely public charity and will be performing an essential governmental function in the exercise of powers conferred upon it by this Act. The State of Georgia, therefore, covenants with the holders of bonds issued and to be issued by the Authority, that the Authority shall be required to pay no taxes or assessments on any property or assets owned or acquired at any time by the Authority under the provisions of this Act or upon the income therefrom, or upon any activities or undertakings carried on by the Authority pursuant to this Act, or upon any fees, charges, interest, investment or other income received by the Authority. The State further covenants with the holders of such bonds that the bonds of the Authority and the income therefrom, together with any profit made on the sale or transfer thereof by the holders, shall be exempt from taxation of any type by the State and by all municipalities, counties and other subdivisions within the State, excepting gift and inheritance taxes. The exemption from taxation herein provided shall not include exemption from sales and use taxes on property purchased by the Authority or for use by the Authority. Section 28. Credit of State not Pledged for Payment of Bonds or Interest Thereon. Bonds issued by the Authority under provisions of this Act and interest on said bonds shall not be deemed to constitute a debt, liability or obligation of the State of Georgia or a pledge of the credit of the State, but such bonds and interest thereon shall be payable

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solely from the funds hereinafter provided for, and the issuance of such bonds shall not directly, indirectly or contingently obligate the State to levy or to pledge any form of taxation whatsoever therefor or to make any appropriation for the payment of said bonds or interest thereon, and all such bonds shall contain recitals on their face covering substantially the foregoing provisions of this Section. Section 29. Security .In the discretion of the Authority, any issue of bonds may be secured by a trust indenture by and between the Authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside of the State having a combined capital and surplus aggregating at least $15,000,000.00. Resolutions providing for the issuance of bonds and trust indentures may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including, without limiting the generality of the foregoing, covenants setting forth the duties of the Authority in relation to the making of educational loans, the terms and conditions of educational loans to be made, the sale of interests in educational loans made by the Authority, the purchase of interests in educational loans made by others and the disposition thereof, the insurance or guarantee of educational loans in which the Authority may hold an interest, the fees, charges, premiums and penalties to be fixed and collected on educational loans, the administration of the educational loan program, the performance of other activities including services for private and public persons, bodies and agencies by the Authority, the custody, safeguarding and application of all monies by the Authority, and provisions concerning conditions if any upon which additional bonds may be issued by the Authority, and such resolutions providing for the issuance of bonds and trust indentures may further contain the right to appointment of a receiver upon the default of any principal or interest payment upon the bonds of the Authority and the right of any receiver or indenture trustee to enforce according to the terms thereof collection of promissory notes or other obligations evidencing indebtedness on educational loans in

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which the Authority holds an interest, and enforcement of any other contractual rights of value held by the Authority as may be necessary to pay all costs of operation, the principal and interest on the issue, costs of collection and enforcement of such rights, and all things reasonably necessary to accomplish the collection of such sums. It shall be lawful for any bank or trust company incorporated under the laws of this State to act as depository of the proceeds of bonds, revenues or other money resulting to the Authority hereunder and to furnish such indemnifying bonds or pledge such securities therefor as may be required by the Authority. Such trust indenture may set forth the rights and remedies of the bondholders and of the trustee and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the Authority may deem advisable, reasonable and proper for the security of the bondholders. Section 30. Deposit and Use of Bond Proceeds .The Authority shall, in the resolution providing for issuance of said bonds or in the trust indenture, provide for deposit of the proceeds derived from the sale of the bonds with any officer or person who, or any agency, bank or trust company which, shall act as trustee of such funds, and such trustee shall hold and apply the same as provided for in this Act and in the resolution authorizing issuance of such bonds and the trust indenture. Such proceeds shall be used only for the purpose of making educational loans as provided for in Section 7 of this Act, and for payment of all maintenance, operation and administration expenses incurred or to be incurred by the Authority in administering and carrying out the provisions of this Act as provided for in Section 32 of this Act, unless otherwise provided in the resolution or trust indenture. Such funds shall be disbursed to the Authority to the credit of the loan fund or the operating fund, as the case may be, as needed for such purposes and upon the requisition or order of the Chairman of the Authority or its duly bonded and authorized agent(s) under such restrictions, if any, as may be provided in said resolution or trust indenture.

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Section 31. Authority Loan Fund. Proceeds derived from the sale of bonds to be used for the purpose of making educational loans to eligible students as provided for in Section 7 of this Act shall be deposited to the credit of a loan fund pursuant to Section 30 of this Act. Other funds made available to the Authority by appropriation or from any other source whatever for the purpose of making educational loans to students, and derived other than from the sale of bonds under this Act, and not otherwise restricted as to use, may likewise be deposited to the credit of the loan fund by the Authority. Such surplus funds as may from time to time be transferred from the sinking fund or the operating fund of the Authority may likewise be deposited to the credit of the loan fund. The loan fund shall be maintained as a revolving fund. Section 32. Authority Operating Fund. All revenues and income of the Authority of every nature not otherwise pledged, assigned, or restricted as to disposition and use by the terms of any resolution authorizing the issuance of bonds or any trust indenture entered into by the Authority for the security of bonds issued hereunder, and all other revenues, gifts, donations, income, receipts and earnings of every kind and nature whatsoever the use and disposition of which is not otherwise restricted by the source or nature of the same or otherwise, may be deposited to the credit of an operating fund. All State and federal funds made available to the Authority, by appropriation, contract or otherwise, for maintenance, operation and administration expenses, and all bond proceeds needed by the Authority for maintenance, operation and administration purposes and received pursuant to Section 30 of this Act, shall be and become a part of the operating fund. The operating fund may be used by the Authority for payment of all maintenance, operation and administration expenses of whatever kind and nature incurred and to be incurred by the Authority which, in the judgment of the Authority, are necessary or desirable in order to more effectively carry on, promote, publicize and administer the student financial aid programs, functions and activities herein provided for or authorized to be performed by the Authority. The term maintenance, operation and administration may be construed to include

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all expenses incurred or to be incurred by the Authority in connection with the sale of bonds authorized by this Act and in connection with carrying out the terms of trust indentures executed by the Authority. The Authority may, from time to time and in its discretion, pledge or utilize operating funds considered to be surplus and not foreseeably needed for maintenance, operation and administration expenses to the purposes for which the loan fund and sinking fund are herein created, and to transfer such surplus operating funds to the loan fund or sinking fund as the case may be. Section 33. Authority Sinking Fund; Pledge of Revenues. The Authority is hereby authorized to provide, in any resolution authorizing the issuance of bonds or the trust indenture, for pledging or assigning to a sinking fund, subject to any prior pledge or assignment of the same, any or all of its revenues, income, earnings, receipts, funds or other assets, exclusive of bond proceeds and any other funds required to be deposited to the credit of the loan fund, of whatever kind or character and from whatever sources received, including all donations, grants, or other money or property made available to it; payments received on student loans, such as principal, interest, fees, charges and penalties, if any; fees, charges and other income if any derived from any service or services rendered or otherwise; proceeds of insurance or resulting from the guarantee of educational loans by the Georgia Higher Education Assistance Corporation; earnings and profits on investment of funds or other assests; securities and instruments, contracts, contract rights, funds, rights, benefits, insurance, guarantee or other thing of value acquired, due or claimed from any source or pursuant to any federal or other law, to the extent not in conflict therewith; money or any thing or right of value recovered or obtained through enforcement of any remedies or rights; and any other funds or things of value which in the determination of the Authority may enhance the marketability of its bonds, provided, the pledge or assignment of the same is not otherwise restricted by the source. Money in the sinking fund, except such part thereof as may be necessary to provide such resources for the bonds provided for in the resolution authorizing the issuance of

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such bonds or the trust indenture, shall be set aside in the sinking fund at such regular intervals as may be provided in such resolution or trust indenture. Such pledge or assignment by the Authority shall be valid and binding from the time when the pledge is made. The fees, charges, receipts, revenues or other income or rights so pledged or assigned and thereafter received by the Authority shall immediately be subject to the lien of such pledge or assignment without any physical delivery thereof or further act, and such lien shall be valid and binding as against all parties having claims of any kind, in tort, contract or otherwise, against the Authority, irrespective of whether such parties have notice thereof, and the resolution or trust indenture by which such a pledge or assignment is created need not be filed or recorded except in the records of the Authority. Sinking funds shall be pledged to and charged with the payment of (1) the interest upon such bonds as such interest shall fall due, (2) the principal of the bonds as the same shall fall due, (3) any premium upon bonds retired by call or purchase as therein provided, and to such other use and disposition as may be provided in the resolution authorizing issuance of such bonds and in the trust indenture, and, unless otherwise provided, such sinking funds individually shall be funds for the benefit of all bonds without distinction or priority of one over another. Any such resolution or trust indenture may, in the discretion of the Authority, provide for the transfer of surplus monies in any of the sinking funds at any time, and all monies remaining in any of the sinking funds after all bonds and interest for which the sinking fund was pledged have been paid, into the loan fund. Section 34. Monies Held as Trust Funds. All monies received pursuant to the authority of this Act, whether as proceeds from the sale of bonds, or as payments of principal, interest or penalties, if any, on educational loans, or from insurance or guarantee of educational loans, or from purchase, sale or other disposition of assets or interests in educational loans, or as any other receipts, revenues, fees or charges derived hereunder, shall be deemed to be trust funds to be held and applied solely as provided for in this Act, and bondholders paying or entitled to receive the benefit

Page 703

of such funds shall have a lien on all such funds until applied as provided for in any resolution or trust indenture of the Authority. Section 35. Additional Pledge. Notwithstanding any other provision to the contrary herein, the Authority is hereby authorized to pledge or assign as additional security for any bonds issued hereunder any contract or agreement between the Authority and the United States of America, or between the Authority and the Georgia Higher Education Assistance Corporation, under which the United States of America or the Corporation agrees to make funds or any other form of benefit of value available to the Authority for any of the purposes of this Act, or to insure or guarantee the payment of interest or principal on educational loans, or to otherwise aid in promoting, facilitating, insuring, guaranteeing, servicing, safeguarding, benefiting or otherwise fostering the making and/or satisfaction of educational loans to students. Section 36. Revenues. The Authority is authorized to fix and collect fees, charges, interest, premiums and penalties in connection with the making and collection of educational loans, including educational loans made by or through others in which the Authority owns the whole or a partial interest therein, and upon the purchase or sales of such interest by the Authority, and to fix and collect fees, charges and premiums for or upon the rendering of any services by the Authority for any other person, body or agency as may be performed under this Act, and in all cases to revise and change the same from time to time. The Authority shall at all times endeavor to fix and collect such fees, charges, interest, premiums and penalties, other receipts and income, and payments on educational loans, so as to have available in the sinking fund at all times an amount which, together with any other funds made available for the sinking fund, by appropriation of the General Assembly of Georgia or otherwise, shall be sufficient to pay the principal of and the interest on such bonds as the same shall become due and payable and to create reserves for such purposes.

Page 704

Section 37. Remedies of Bondholders. Any holder of bonds or interest coupons issued under the provisions of this Act, any receiver for such holders, or indenture trustee, if any there be, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may either at law or in equity, by suit action, mandamus or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted hereunder or under such resolution or trust indenture, and may enforce and compel performance of all duties required by this Act or by resolution or trust indenture, to be performed by the Authority, or any officer thereof, including the fixing, charging, and collecting of fees, charges and premiums, and the collection of principal, interest and penalties, if any, on any educational loans or obligations evidencing educational loans owned in whole or in part by the Authority, and, in the event of default of the Authority upon the principal and interest obligations of any bond issue, shall be subrogated to each and every right, specifically including any contract rights which the Authority may possess, and in the pursuit of its remedies as subrogee, may proceed either at law or in equity by suit action, mandamus or other proceedings, to collect any sums by such proceedings due and owing to the Authority and pledged or partially pledged directly or indirectly to the benefit of the bond issue of which said individual, receiver, or trustee is representative. No holder of any such bond or receiver or indenture trustee thereof shall have the right to compel any exercise of the taxing power of the State to pay any such bond or the interest thereon, or to enforce the payment thereof against any property of the State, nor shall any such bond constitute a charge, lien, or encumbrance, legal or equitable, upon the property of the State. Section 38. Venue and Jurisdiction. Any action to declare or to protect or enforce any rights or duties under the provision of this Act brought in the courts of the State shall be brought in the Superior Court of Fulton County, Georgia, and any action pertaining to validation of any bonds issued under the provisions of this Act shall likewise

Page 705

be brought in said court which shall have exclusive jurisdiction of such actions. Section 39. Interest of Bondholders Protected. While any of the bonds issued by the Authority remain outstanding, the powers, duties, or existence of said Authority or of its officers, employees or agents shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds, nor will the State itself in any way obstruct, prevent, impair, or render impossible the due and faithful performance of its duties by the Authority. The provisions of this Act shall be for the benefit of the State, the Authority, and each and every holder of the Authority's bonds, and upon and after the issuance of bonds under the provisions of this Act shall constitute an irrevocable contract with the holders of such bonds. Section 40. Essential Governmental Function. Exercise by the Authority of powers conferred by this Act shall be deemed to constitute performance of an essential governmental function for the benefit and welfare of the State and its inhabitants. Provisions of this Act shall be liberally construed to the end that the beneficial purposes of the Authority may be effectuated. Section 41. Credit of State Not Pledged for Acts or Debts of Authority. No actions taken by and no debts, liabilities or obligations incurred in any manner by the Authority shall be deemed to create or constitute a debt, liability or obligation of the State of Georgia or be entitled to a pledge of the credit of the State for the satisfaction thereof, but shall be subject to satisfaction solely by and from funds of the Authority as may be available for such purposes, and the creation of such debt or other liability or obligation by the Authority shall not directly, indirectly or contingently obligate the State to levy or to pledge any form of taxation or to make any appropriation whatsoever for the satisfaction thereof, and all persons, bodies and agencies doing business in any form with the Authority shall be charged with notice of the provisions hereof.

Page 706

Section 42. Powers Declared Supplemental and Additional. The foregoing sections of this Act shall be deemed to provide an additional and alternative method for doing of the things authorized thereby, and shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing. Section 43. Act Not to Be Construed to Authorize General Banking Business. Nothing contained in this Act shall be construed to empower the Authority to engage in general banking business. Section 44. Contributions to Authority Declared Tax Deductible. All gifts, grants, donations and contributions made to the Authority for any of its corporate purposes shall be deductible for State income tax purposes. Section 45. Use of State Property; Title to Property Acquired. The State hereby consents to use by the Authority of any available land or property owned, leased or rented by the State or any agency, department or instrumentality thereof. Title to any property or interest therein acquired by the Authority for any of its corporate purposes shall be taken in the name of the Authority. Section 46. Audit. The books, records and accounts of the Authority shall be inspected and audited at least once in each year by the State Auditor and/or by a private certified public accounting firm of national recognition. Section 47. Annual Report. The Authority, shall, promptly following the close of each fiscal year, submit an annual report of its activities for the preceding fiscal year to the Governor and to the General Assembly. Each such report shall set forth a complete operating and financial statement covering the operations of the Authority during such year. Section 48. Effect of Partial Invalidity of Act. The provisions of this Act are severable, and if any of its provisions shall be held unconstitutional by any court of competent

Page 707

jurisdiction, the decision of such court shall not affect the remaining provisions. Section 49. Repealing Clause. All laws and parts of laws in conflict with provisions of this Act are hereby repealed. Approved April 25, 1969. GEORGIA HIGHER EDUCATION ASSISTANCE COMMITTEE ACT AMENDED. No. 529 (House Bill No. 176). An Act to amend an Act creating the Georgia Higher Education Assistance Committee, approved April 8, 1968 (Ga. L. 1968, p. 1082), so as to confer upon the Committee additional powers; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the `Georgia Higher Education Assistance Committee, approved April 8, 1968 (Ga. L. 1968, p. 1082), is hereby amended by adding at the end of section 3 the following sentence: The Committee shall also be authorized collectively to receive and disburse funds which may be made available to the Committee by the General Assembly of Georgia or otherwise for purposes described in the Act creating the Georgia Higher Education Assistant Authority, as amended, and shall be authorized to contract with the Georgia Higher Education Assistance Authority for the purpose of enabling or otherwise assisting the Authority in carrying out its purposes as provided in said law. Funds. Section 2.All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 25, 1969.

Page 708

EDUCATIONNOTICES OF DECISIONS ON APPEALS TO STATE BOARD OF EDUCATION. Code 32-910 Amended. No. 530 (House Bill No. 202). An Act to amend Code section 32-910, relating to the power of local Boards of Education to constitute a tribunal for hearings, as amended, so as to provide for informing the parties of the decision of the State Board of Education upon appeal thereto; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 32-910, relating to the power of local Boards of Education to constitute a tribunal for hearings, as amended, is hereby amended by adding at the end thereof a sentence to read as follows: The appellant and the appellee shall be notified by the State Board of Education in writing as to said Board's decision on any matter appealed to the Board within 25 days of the date of the decision., so that when so amended section 32-910 shall read as follows: Section 32-910 . The County, city, or other independent board of education shall constitute a tribunal for hearing and determining any matter of local controversy in reference to the construction or administration of the school law, with power to summon witnesses and take testimony if necessary, and when such board has made a decision, it shall be binding on the parties; provided, however, either party shall have the right to appeal to the State Board of Education, which appeal shall be made through the local superintendent of schools in writing and shall distinctly set forth the question in dispute, the decision of the local board, a transcript of the testimony and other evidence adduced before the board certified as true and correct by the local

Page 709

superintendent, and a concise statement of the reasons why the decision below is complained of. This section shall apply to all county, city or independent school systems in this state, regardless of when created. The State Board shall provide by regulation for notice to the parties and hearing on the appeal. The appellant and the appellee shall be notified by the State Board of Education in writing as to said Board's decision on any matter appealed to the Board within 25 days of the date of the decision. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 25, 1969. LIABILITY OF TRUSTEES, ETC., OF CERTAIN NON PROFIT HOSPITALS, ETC. No. 531 (House Bill No. 239). An Act to provide that a person serving with or without compensation as a member, director, trustee or officer of any public, charitable or non-profit hospital, institution or organization shall not be liable for any act or omission to act within the scope of his duties or activities except under certain circumstances; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. A person serving with or without compensation as a member, director, trustee or officer of any public, charitable or non-profit hospital, institution or organization shall not be liable to the hospital, institution or organization or to any person, firm or entity, public or private, receiving benefits from the hospital, institution or organization for any act or omission to act within the scope of his duties or activities unless the hospital, institution or organization, or person, firm or entity, public or private, receiving such benefits shall show that the act or omission or failure to act

Page 710

was caused by the gross negligence or wilful and wanton misconduct of such member, director, trustee or officer and unless such gross negligence or wilful and wanton misconduct contributed to the loss of which such hospital, institution or organization, or person, firm or entity complains. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 25, 1969. REVENUETAXATION ON CIGARS AND CIGARETTES. No. 532 (House Bill No. 244). An Act to amend an Act approved March 30, 1937, (Ga. L. 1937, p. 83), relative to the taxation of cigars and cigarettes as amended by an Act approved December 31, 1937, (Ga. L. 1937-38, Ex. Sess., p. 126); as amended by an Act approved July 30, 1949, (Ga. L. 1949, Ex. Sess., p. 8); as amended by an Act approved February 28, 1955, (Ga. L. 1955, p. 268); as amended by an Act approved June 24, 1955, (Ga. L. 1955, Ex. Sess., p. 48); as amended by an Act approved March 25, 1958, (Ga. L. 1958, p. 336); as amended by an Act approved February 17, 1960, (Ga. L. 1960, p. 125); as amended by an Act approved January 20, 1964, (Ga. L. 1964, p. 50); as amended by an Act approved April 14, 1967, (Ga. L. 1967, p. 563 and 577); so as to impose certain duties on dealers and distributors; to provide for seizure of non-tax paid cigars and cigarettes as contraband and the disposition thereof; to repeal certain reporting provisions; to as to provide for registration before acquiring non-tax paid cigars and cigarettes; to provide for penalties for violation of this Act; to repeal conflicting laws; to provide for an effective date; and for other purposes. Be it enacted by the General Assembly of Georgia:

Page 711

Section 1. An Act to amend an Act approved March 30, 1937, (Ga. L. 1937, p. 83), relative to the taxation of cigars and cigarettes as amended by an Act approved December 31, 1937, (Ga. L. 1937-38, Ex. Sess., p. 126); as amended by an Act approved July 30, 1949, (Ga. L. 1949, Ex. Sess., p. 8); as amended by an Act approved February 28, 1955, (Ga. L. 1955, p. 268); as amended by an Act approved June 24, 1955, (Ga. L. 1955, Ex. Sess., p. 48); as amended by an Act approved March 25, 1958, (Ga. L. 1958, p. 336); as amended by an Act approved February 17, 1960, (Ga. L. 1960, p. 125); as amended by an Act approved January 20, 1964, (Ga. L. 1964, p. 50); as amended by an Act approved April 14, 1967, (Ga. L. 1967, p. 563 and 577); is hereby further amended by striking section 9 in its entirety and inserting in lieu thereof a new section 9 to read as follows: Section 9 (a). No person shall sell, offer for sale, or possess with intent to sell in this State, any cigarettes, the containers of which do not bear the tax stamps required by section 4, nor shall any person sell, offer for sale, or possess with intent to sell, in this State, any cigars or little cigars upon which the tax has not been paid under the alternate method of collecting such taxes provided for under section 4, or which do not bear tax stamps. Each distributor shall affix, at the location for which his license is issued, in such manner as the Commissioner may specify in regulations issued pursuant to this Act, to each individual package of cigarettes sold or distributed by him stamps of the denomination required by section 3; each distributor shall comply with the regulations promulgated by the Commissioner for the payment of the tax on cigars under section 4 or shall affix to each container of cigars sold by him or from which he sells cigars, stamps of the denomination required by section 3. Such stamps or alternate method may be paid or affixed by a distributor at any time before the cigars or cigarettes are transferred out of his possession. It is the intent of this Act that tax be paid only once and if the distributor acquired stamped cigarettes or tax-paid or stamped cigars he is not by the section required to fix additional stamps or other evidence of payment of the tax. Every dealer who shall come into possession of cigars or cigarettes not bearing proper tax stamps or other evidence of the tax

Page 712

imposed by the Act, and before displaying, selling, using, or otherwise disposing of such cigars and cigarettes, shall report same to the Commissioner of Revenue, who shall authorize a license distributor to affix the proper stamps to the cigars and cigarettes or in the case of cigars authorize the dealer to remit the tax by the alternate method promulgated by the Commissioner in accordance with section 4. A licensed distributor shall affix such stamps or comply with such alternate regulations when presented a permit therefor issued by the State Revenue Commissioner, and a licensed distributor shall stamp cigarettes or comply with the alternate method hereinbefore mentioned relating to cigars, other than his own, only when authorized by such permit issued by the State Revenue Commissioner. Tax stamps required. (b) No distributor or dealer, whether at wholesale or retail, shall accept deliveries of unstamped cigarettes or non-tax-paid cigars which are shipped to him or acquired by him at any place within the State except as authorized and provided for in section 9 (a). All cigars and cigarettes shall be examined by such distributors or dealers on receipt and they shall immediately report same to the Commissioner as provided in section 9 (a). (c) The Commissioner shall have the authority to prescribe the charges which may be made by a distributor, to any person under this Act for the services of such distributor in affixing to each individual package of cigarettes, the stamps provided for in this Act and the charges which may be made by a distributor in complying with the Commissioner's alternate regulations for the collection of the tax on cigars and little cigars, provided for in this Act. (d) This section shall not apply to unstamped cigars and little cigars upon which the tax has been paid in accordance with the alternate regulations promulgated by the Commissioner under section 4. Section 2. Said Act is further amended by striking subsection (a) of section 10 in its entirety and inserting in lieu thereof a new subsection (a) of section 10 to read as follows:

Page 713

Section 10(a). Except as provided in section 16 any cigars or cigarettes found at any place in this State without stamps affixed thereto as required by this Act, unless the tax has been paid on such unstamped cigars and little cigars in accordance with the regulations promulgated by the Commissioner under section 4, or unless such cigars or cigarettes shall be in the possession of a licensed distributor, or unless they shall be in course of transit from without this State and consigned to a licensed distributor, or in the possession of a transporter complying with section 22, are declared to be contraband goods and may be seized by the Commissioner, his agents or employees, or by any peace officer of the State when directed by the Commissioner to do so; provided nothing herein shall be construed to require the Commissioner to confiscate unstamped or non-tax-paid cigars and cigarettes or other property when he shall have reason to believe that the owner thereof is not willfully, or intentionally evading the tax imposed by the Act. Any cigars, cigarettes, or other property seized under the provisions of the Act may, at his discretion, be offered by the Commissioner for sale at public auction to the highest bidder after advertisement as provided herein. The Commissioner shall deliver to the State Treasurer the proceeds of any sale made under the provisions of the Section. Before delivering any cigars or cigarettes sold to the purchaser, the Commissioner shall require such purchaser to affix to the packages the amount of stamps required by the Act or comply with his alternate method. The seizure and sale of any cigars or cigarettes or other property under the provisions of the Act shall not relieve any person from a fine, imprisonment, or other penalty for violation of this Act. Contraband. Section 3. Said Act is further amended by striking subsection (b) of section 11 in its entirety and re-designating subsection (c) of section 11 as subsection (b), and re-designating subsection (6) as subsection (c). Section 4. Said Act is further amended by striking the words, who acquire as they appear in section 15, and inserting in lieu thereof the words, before acquiring, so that when so amended section 15 shall read as follows:

Page 714

Section 15. Every person, before acquiring cigars or cigarettes subject to the tax imposed by the section shall register with the Commissioner as a responsible taxpayer subject to the obligation of maintaining records and making reports in such form as the Commissioner shall prescribe. The report prescribed by the Commissioner shall be made on or before the tenth day of the month following the month in which the cigars or cigarettes were acquired and shall be accompanied by the amount of tax due. Registration, etc. Section 5. Said Act is further amended by designating the existing section 22 as subsection (a) of section 22 and by adding at the end of section 22, a subsection (b) to read as follows: (b) Any person who shall with the intent to evade the tax imposed by this Act, transport cigars or cigarettes in violation of Section 22 (a) shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than $1,000 or imprisoned for not more than one year, or both, at the discretion of the Court. Crimes. Section 6. Said Act is further amended by striking subsection (d) of section 23 in its entirety and inserting in lieu thereof a new subsection (d) to read as follows: (d) Any person who with the intent to evade the tax imposed by this Act, possesses unstamped cigarettes or non-tax-paid cigars shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than $1,000 or imprisoned for not more than one year, or both, at the discretion of the Court. Same. Section 7. Said Act is further amended by adding a new paragraph to be designated subsection (e) of section 23 and inserting the same after the new subsection (d); redesignating the existing subsection (e) as subsection (f); redesignating the existing subsection (f) as subsection (g); redesignating the existing subsection (g) as subsection (h); redesignating the existing subsection (h) as subsection (i); redesignating the existing subsection (i) as subsection

Page 715

(j); and redesignating the existing subsection (j) as subsection (k). Said new paragraph to read as follows: Section 23 (e). Any person who with the intent to evade the tax imposed by the Act, sells cigarettes without the stamps required by this Act being affixed thereto, and any person who with the intent to evade the tax imposed by the Act sells cigars without the stamp or stamps required by the Act or the tax being paid thereon in accordance with the alternate provision, shall be guilty of a felony, and upon conviction thereof, shall be imprisoned for not less than one (1) year nor more than ten (10) years. Felony. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Section 9. The provisions of this Act shall become effective on the first day of June, 1969. Effective date. Approved April 25, 1969. GEORGIA HEALTH CODE AMENDED. Code Title 88 Amended. No. 533 (House Bill No. 262). An Act to amend Code Title 88 known as the Georgia Health Code, approved March 18, 1964, (Ga. L. 1964, p. 499), as amended so as to provide for issuing new birth certificates that are not marked amended; to provide for issuing birth certificates to governmental agencies; to provide for inspecting and licensing community health and retardation facilities; to provide for the removal of the $500,000 limitation to each medical facility construction project; to authorize the Department of Health to determine for each fiscal year the maximum state grant to each medical facility construction project; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

Page 716

Section 1. Code Title 88 known as the Georgia Health Code, approved March 18, 1964 (Ga. L. 1964, p. 499), as amended, is hereby amended by adding at the end of subsection (c) of section 88-1721 the following: When the names of the parent or parents and the child are changed, the Director may register a new certificate if so ordered by the court and requested by the parents, guardian, or legal representative. Such new certificates shall not be marked `amended'., Code 88-1721 amended. so that when so amended subsection (c) shall read as follows: (c) Upon receipt of a certified copy of a court order changing the name of a person born in this State and upon request of such person or his parents, guardian, or legal representative, the Director shall amend the certificate to reflect the new name. When the names of the parent or parents and the child are changed, the Director may register a new certificate if so ordered by the court and requested by the parents, guardian, or legal representative. Such new certificate shall not be marked `amended'. Section 2. Said Code Title is further amended by striking subsection (b) of section 88-1724 in its entirety and inserting a new subsection (b) to read as follows: (b) Full certified copies of birth certificates shall be issued only to the following: (1) the person whose record of birth is registered; (2) either parent of the person whose record of birth is registered; (3) the legal representative of the person whose record of birth is registered; (4) the superior court upon its order; and (5) any governmental agency, State or Federal, provided such certificate shall be needed for official purposes. Code 88-1724 amended. Section 3. Said Code Title is further amended by striking subsection (a) of section 88-1901 in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:

Page 717

(a) The term `institution' means (1) any community mental health and mental retardation facility; or (2) any building, facility, or place in which is provided two or more beds and other facilities and services that are used for persons received for either examination, diagnosis, treatment, surgery, maternity care, nursing care, or personal care for periods continuing for 24 hours or longer and which are classified by the Department of Health, as provided for herein, as either a hospital, nursing home, or personal care home. Code 88-1901 amended. Section 4. Said Code Title is further amended by striking subsection (a) of section 88-2103 in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) Grants for construction projects or modernization projects made from State appropriations pursuant to this Chapter shall be in an amount equal to one-third (1/3) of the allowable cost of the project except as otherwise provided in this Chapter. Code 88-2103 amended. Section 5. Said Code Title is further amended by adding a new subsection (e) to section 88-2103 to read as follows: (e) In the event that State funds appropriated or otherwise made available during a given fiscal year for construction or modernization projects are not sufficient to match available Federal funds, then the Department of Public Health shall be empowered and may, at its option, annually establish a ceiling which shall be the maximum amount that can be allotted to each or any medical facility project approved in the given fiscal year; provided, that any ceiling so established shall not result in the allotment to a medical facility project of an amount greater than the one-third (1/3) of allowable cost specified in subsection (a). Same. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 25, 1969.

Page 718

STATE BOARD OF MEDICAL EXAMINERS ACT AMENDEDEXAMINATIONS AND FEES. Code 84-913, 84-914 Amended. No. 534 (House Bill No. 278). An Act to amend Chapter 84-9 of the Code of Georgia of 1933, as amended, relating to the State Board of Medical Examiners, so as to provide for giving examinations to applicants for a license to practice medicine within the State of Georgia; to provide for setting the standards of such examination; to provide for the fixing of fees for the administration of examinations and the issuance of licenses; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Section 84-913 of the Code of Georgia of 1933, relating to examination of applicants for a license to practice medicine is hereby stricken in its entirety and a new section 84-913 substituted in lieu thereof, to read as follows: 84-913. Examination of Applicants for License to Practice Medicine. The State Board of Medical Examiners shall examine applicants upon such subjects and according to the methods deemed by it to be the most appropriate and practicable to test the applicant's qualifications to practice medicine. Provided, however, that the Federation Licensing Examination (FLEX), or such other national standardized examination which the Board shall approve, may be administered to all applicants in lieu of or in conjuction with any other examination which the Board shall give. The Board shall also have the right to establish such norms of achievement on all examinations as shall be necessary for a passing grade. Provided, further, that the Board shall have the authority to implement this section by adopting any necessary rules. Section 2. Section 84-914 of the Code of Georgia of 1933, as amended by Ga. L. 1962, pp. 611, 612; 1966, pp. 232, 234;

Page 719

1967, pp. 826, 827, relating to license fees and licenses by reciprocity, is hereby amended by striking therefrom the first paragraph of such section which reads: There shall be paid to the Joint-Secretary, State Examining Board, by each applicant for a license by examination, who is a resident of Georgia, a fee of $20, or a fee of $50 for non-resident applicants for a license by examination, which shall accompany the application. The same fee shall be charged for issuing a temporary license, which shall include fee for examination for permanent license; and a fee of $100 shall be charged for issuing a license by reciprocity. No part of any fee shall be returnable under any circumstances; nor shall this Chapter be construed as affecting or changing in any way laws in reference to licensed taxes to be paid by physicians and surgeons;, and substituting in lieu thereof a new paragraph to read as follows: The State Board of Medical Examiners is empowered to establish reasonable fees for the administration of examinations and issuance of all licenses, such fees to be commensurate with the cost of fulfilling the statutory duties of the Board as defined by this Chapter. Code 84-914 amended, fees. Section 3. This Act shall become effective on January 1, 1973. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 25, 1969. REVENUELATE FILING, ETC. OF INCOME TAX RETURNS. Code 92-3211 Amended. No. 535 (House Bill No. 280). An Act to amend Code section 92-3211, relating to late, false and fraudulent income tax returns, as amended,

Page 720

particularly by an Act approved March 11, 1964 (Ga. L. 1964, p. 453), so as to provide that no penalty for lateness shall be incurred if the taxpayer attaches to his late return a copy of an extension to file his Federal income tax return; to provide that the return must be filed within the period of time granted by such extension; to provide the procedure connected therewith; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 92-3211, relating to late, false and fraudulent income tax returns, as amended, particularly by an Act approved March 11, 1964 (Ga. L. 1964, p. 453), is hereby amended by adding at the end thereof a new subsection to be designated subsection (c) and to read as follows: (c) No penalty due to lateness shall be incurred by a taxpayer if the taxpayer shall attach to his return a copy of an approved extension of time within which to file his Federal income tax return which has been granted by the United States Internal Revenue Service and the taxpayer shall file his State return within the period of time specified in such extension. In such instances, the taxpayer need not apply to the Commissioner for an extension of time within which to file his State return in order to avoid the penalties for filing a later return. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 25, 1969.

Page 721

REVENUEKEEPING OF SCHOOL FUNDS SEPARATE FROM OTHER FUNDS. Code 32-942 Amended. No. 536 (House Bill No. 304). An Act to amend Code section 32-942, relating to the keeping of school funds separate from other funds, so as to provide that said funds may be invested in securities of the States, United States, municipalities of the State, or certificates of deposit; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 32-942, relating to the keeping of school funds separate from other funds, is hereby amended by striking said code section in its entirety and inserting in lieu thereof a new Code section to read as follows: 32-942. When said common school fund shall be received and receipted for, it shall be the duty of the officers authorized by law to receive such fund and keep the same separate and distinct from other funds; and said funds shall be used for educational purposes and none other, and when taxes are paid into the Treasury of the State the Comptroller General shall in no case receipt a tax collector for the same until that part of the tax so paid in, which was raised for school purposes, is separated in amount from the gross amount paid in. It shall be lawful to invest school funds in securities of the States, United States, municipalities of this State, or certificates of deposit. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 25, 1969.

Page 722

GEORGIA SECURITIES ACT AMENDEDVARIABLE ANNUITY CONTRACTS. No. 537 (House Bill No. 319). An Act to amend an Act known as the Georgia Securities Act approved February 26, 1957 (Ga. L. 1957, p. 134), as the same has heretofore been amended, so as to redefine insurance or endowment policies or annuity contracts or variable annuity contracts which shall not constitute Securities as such term is used in the Georgia Securities Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Subsection (i) of section 1 of an Act known as the Georgia Securities Act, approved February 26, 1957 (Ga. L. 1957, p. 134), as the same has heretofore been amended, defining the term security as used in said Act, is hereby amended by inserting before the period in the last sentence of said subsection the following: , nor to any variable annuity contract as provided for and regulated under the Georgia Insurance Code and issued by a life insurance company licensed to do business in the State of Georgia. so that said subsection (i) of section 1 as so amended shall read as follows: (i) `Security' shall mean any note, stock, treasury stock, bond, debenture, evidence of indebtedness, certificate of indebtedness, investment certificate, certificate of interest or participation, certificate of interest in oil, gas or other mineral rights, collateral trust certificate, preorganization certificate or subscription, transferable share, investment contract, voting-trust certificate or beneficial interest in title to property, profits or earnings, or any other instrument commonly known as a security, including any guarantee of, temporary or interim certificate of interest or participation in, or warrant or right to subscribe to, convert into or purchase, any of the foregoing. `Security' shall not mean any

Page 723

insurance or endowment policy or annuity contract under which an insurance company promises to pay a fixed number of dollars either in a lump sum or periodically for life or some other specified period, nor to any variable annuity contract as provided for and regulated under the Georgia Insurance Code and issued by a life insurance company licensed to do business in the State of Georgia. Section 2. This Act shall take effect December 1, 1969. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 25, 1969. GEORGIA INSURANCE CODE AMENDEDVARIABLE ANNUITY CONTRACTS. Code 56-1040 Enacted. No. 538 (House Bill No. 320). An Act to amend Title 56 of the Code of Georgia, relating to the regulation of the insurance industry, by adding a new section 56-1040, so as to repeal conflicting laws; to define the terms Variable Annuity Contract; to provide authority for establishing separate accounts and for allocating thereto amounts to provide for annuities payable in fixed or variable amounts or both; to provide for the investment of funds placed in such separate accounts; to provide authority for establishing voting and other rights and special procedures for the conduct of the business of such accounts; to limit the securities of any single issuer held by a domestic insurance company in such accounts; to establish conditions for the exchange or other transfer of assets assets by any domestic insurance company between any of its separate accounts; to provide for the income, gains and losses of such accounts; to provide for the valuation of assets allocated to such accounts; to establish the liabilities of amounts allocated to such accounts; to provide

Page 724

authority for a domestic life insurance company to do all things necessary in order to sell or offer variable annuity contracts for sale; to provide authority for a domestic life insurance company to allocate certain amounts from its general accounts to any separate account; to provide for the ownership of separate accounts; to provide for certain disclosures concerning contracts calling for payments in variable amounts; to provide licensing requirements with respect to variable annuity contracts; to authorize the Insurance Commissioner to regulate the issuance or sale of variable annuity contracts; to authorize the Commissioner to promulgate rules and regulations to carry out the purposes of this section; to provide that variable annuity contracts, companies issuing such contracts, and persons selling them shall not be subject to the Georgia Securities Act in the sale of such contracts; to relate said Act to the provisions of section 56-2508, section 56-704(6) and section 56-704(8) of the Georgia Insurance Code; to provide for severability; to provide for the effective date of this Act; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. Title 56 of the Code of Georgia of 1933, relating to the regulation of the insurance industry, as amended, is hereby amended by adding to Code Chapter 56-10, relating to investments, a new Code section to be numbered 56-1040 and to read as follows: 56-1040. This Section is cumulative of and in addition to the authority granted by any other law of this State relating to separate accounts for insurance companies or to annuity contracts on a variable basis, and shall not be deemed to repeal or affect the provisions of Georgia Code Section 56-1038 (Ga. L. 1966, p. 57) dealing with the group variable annuity contracts referred to in such section or to affect such contracts, and all other laws and parts of laws in conflict with this Act are hereby repealed to the extent only of such conflict. Intent.

Page 725

(a) When used in this section, the term variable annuity contract shall mean any individual or group contract issued by an insurance company providing for annuity benefits and incidental contractual payments or values which vary in whole or in part so as to reflect investment results of any segregated portfolio of investments or of a designated separate account or accounts in which amounts received or retained in connection with any of such contracts have been placed. (b) Any domestic life insurance company may establish one or more separate accounts and may allocate thereto amounts to provide for annuities (and benefits incidental thereto) payable in fixed or variable amounts or both. (c) Except as hereinafter provided, amounts allocated to any separate account and accumulations thereon may be invested and reinvested without regard to any requirements or limitations prescribed by the laws of this state governing the investments of domestic life insurance companies; provided, that to the extent that the company's reserve liability with regard to (1) benefits guaranteed as to amount and duration, and (2) funds guaranteed as to principal amount or stated rate of interest is maintained in any separate account, a portion of the assets of such separate account at least equal to such reserve liability shall be invested in accordance with the laws of this state governing the investment of reserves of life insurance companies. The investments in such separate account or accounts shall not be taken into account in applying the investment limitations applicable to other investments of the company. (d) To the extent any such domestic company deems it necessary to comply with any applicable federal or state laws, such company, with respect to any separate account, including without limitation any separate account which is a management investment company or a unit investment trust, may provide for persons having an interest therein, appropriate voting and other rights and special procedures for the conduct of the business of such account, including without limitation special rights and procedures relating to investment policy, investment advisory services, selection

Page 726

of independent public accountants, and the selection of a committee, the members of which need not be otherwise affiliated with such company, to manage the business of such account. This provision shall not affect existing laws pertaining to the voting rights of the life insurance company's stockholders or policyholders except as herein provided. (e) No domestic company shall, for any separate account, purchase the voting securities of a single issuer if such purchase would result in such company and all domestic insurance companies directly or indirectly controlling, controlled by, or under common control with such company holding in such company's or companies' separate account or accounts in excess of 10% of the total issued and outstanding voting securities of such issuer provided that the foregoing shall not apply with respect to securities held in separate accounts, the voting rights in which are exercisable in accordance with instructions from persons having interests in such accounts. This limitation shall not apply to the investment for a separate account in the securities of an investment company registered under the Investment Company Act of 1940. (f) No sale, exchange or other transfer of assets may be made by any such domestic company between any of its separate accounts or between any other investment account and one or more of its separate accounts unless, in case of a transfer into a separate account, such transfer is made solely to establish the account or to support the operation of the contracts with respect to the separate account to which the transfer is made, and unless such transfer, whether into or from a separate account, is made (a) by transfer of cash, or (b) by a transfer of securities having a readily determinable market value, provided that such transfer of securities is approved by the Insurance Commissioner. The Insurance Commissioner may approve other transfers among such accounts if, in his opinion, such transfers would not be inequitable. (g) The income, if any, and gains and losses, realized or unrealized, from assets allocated to each account shall be

Page 727

credited to or charged against the account without regard to other income, gains or losses of the company. (h) Unless otherwise approved by the Insurance Commissioner, assets allocated to a separate account shall be valued at their market value on the date of valuation, or if there is no readily available market, then as provided under the terms of the contract or the rules or other written agreement applicable to such separate account; provided, that the portion of the assets of such separate account equal to the company's reserve liability with regard to the guaranteed benefits and funds referred to in subsection (c) hereof, if any, shall be valued in accordance with the rules otherwise applicable to the company's assets. The reserve liability for variable annuity contracts shall be determined in accordance with actuarial procedures that recognize the variable nature of the benefits provided and any mortality guarantees. (i) The amounts held in any such separate account shall not be chargeable with liabilities arising out of any other business the company may conduct but shall be held and applied exclusively for the benefit of the owners or beneficiaries of the variable annuity contracts applicable thereto. (j) Each domestic life insurance company shall have the power within the limits of its corporate charter to do all things necessary under any applicable state or federal law in order that variable annuity contracts may be lawfully sold or offered for sale including, without limitation, the power to provide for management of a separate account by persons who may otherwise be unaffiliated with the life insurance company and the power to grant in connection with such contracts such voting rights as are set forth in (d) above. Each domestic life insurance company may allocate from its general accounts to each separate account established under this section an initial cash amount necessary to meet minimum capitalization requirements for such account as prescribed by the Securities and Exchange Commission, provided, that the total of all such allocations shall not exceed 10% of the company's assets or $1,000,000, whichever is less. Any such allocation may be withdrawn

Page 728

when sufficient amounts have been received by the company in connection with variable annuity contracts and allocated to a separate account to meet the minimum capitalization requirement. (k) Amounts allocated to a separate account in the exercise of the power granted by this Section shall be owned by the company, and the company shall not be, or hold itself out to be, a trustee with respect to such amounts. (l) Any variable annuity contract providing benefits payable in variable amounts issued under this Section shall contain a statement of the essential features of the procedure to be followed by the company in determining the dollar amount of such variable benefits. Any such contract, including a group contract and certificate in evidence of variable benefits issued thereunder shall state that such dollar amount will vary to reflect investment experience and shall contain on its first page a statement to the effect that benefits thereunder are on a variable basis. (m) No company shall deliver or issue for delivery variable contracts within this state unless (1) it is licensed or organized to do a life insurance or annuity business in this state; and (2) the Commissioner is satisfied that its condition or method of operation in connection with the issuance of such contracts will not render its operation hazardous to the public or its policyholders in this state. In this connection, the Commissioner shall consider among other things: 1. The history and financial condition of the company; 2. The character, responsibility and fitness of the officers and directors of the company; and 3. The law and regulation under which the company is authorized in the state of domicile to issue variable contracts. (n) The Insurance Commissioner shall have sole and exclusive authority to regulate the issuance or sale of such

Page 729

contracts and to issue such reasonable rules and regulations as may be necessary to carry out the purposes and provisions of this Section; and such contracts, the companies which issue them and the agent or other persons who sell them shall not be subject to the Georgia Securities Act in the sale of such contracts. (o) Notwithstanding any other laws of this State, no person shall, within this State, sell or offer for sale variable annuity contracts as defined in this Act unless such person shall have both a valid and current life insurance license and variable annuity license issued by the Insurance Commissioner. No such license shall be issued unless and until the Insurance Commissioner is satisfied, after examination, that such person is by training, knowledge, ability and character qualified to act as such a variable annuity agent. The Commissioner may reject any application or suspend or revoke or refuse to renew any variable annuity agent's license upon any ground that would bar such applicant or such agent from being licensed to sell life insurance contracts in this State or for the violation of any Federal or State securities laws or regulations. The rules governing any proceedings relating to the suspension or revocation of a life insurance agent's license shall also govern any proceedings for the suspension or revocation of a variable annuity agent's license. Renewal of a variable annuity agent's license shall follow the same procedure established for renewal of an agent's license to sell life insurance contracts in this State. (p) No contract or agreement made pursuant to the provisions of this Section, or policy or certificate issued hereunder, shall be construed to violate the provisions of Georgia Code Section 56-2508 (Ga. L. 1960, pp. 289, 689) and the sale or offer of any such policy or certificate shall not be deemed an unfair method of competition of an unfair or deceptive act or practice in the business of insurance in violation of the provisions of Georgia Code Sections 56-704 (6) and 56-704 (8) (Ga. L. 1960, pp. 289, 386, 397). (q) Except for Georgia Code Sections 56-2602 (1), 56-2602 (5) and 56-2602 (6) (Ga. L. 1960, pp. 289, 692) and

Page 730

except as otherwise provided in this Act, all pertinent provisions of the Georgia Insurance Code shall apply to separate accounts and variable annuity contracts relating thereto. The Insurance Commissioner, by regulation, may require that any individual variable annuity contract delivered or issued for delivery in this state contain provisions as to grace period and reinstatement appropriate for a variable annuity contract. Section 2. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause, or phrase so declared or adjudicated invalid or unconstitutional was not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 3. This Act shall take effect on December 1, 1969. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 25, 1969. GEORGIA SCIENCE AND TECHNOLOGY COMMISSIONMEMBERS, ETC. No. 539 (House Bill No. 329). An Act to amend an Act creating the Georgia Science and Technology Commission, approved March 18, 1964 (Ga. L. 1964, p. 717) so as to change the membership of said Commission; to provide for their appointment and terms of office, to increase the membership of the Executive

Page 731

Committee; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Georgia Science and Technology Commission, approved March 18, 1964 (Ga. L. 1964, p. 717), 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. There is hereby created the Georgia Science and Technology Commission. The Commission shall be composed of not less than forty (40) members nor more than fifty (50) members, all of whom shall be appointed by the Governor. As far as practical the members shall be science graduates at accredited institutions, and ten (10) of the members shall be selected for their experience in the fields of behavioral science, environmental science or economics. Initially, fourteen (14) members of the Commission were appointed for two (2) year terms; fourteen (14) for four (4) year terms; and the remainder for six (6) year terms. The additional ten (10) members to the Commission shall be appointed by the Governor as follows: Three (3) for a term of six (6) years; three (3) for a term of four (4) years; and four (4) for a term of two (2) years. Hereafter successors shall be appointed by the Governor for six (6) year terms. Members shall be eligible to succeed themselves. The Commission shall select from its membership an Executive Committee of not more than eleven (11) members which shall have the authority to act for the Commission. The Governor shall be an ex officio member of the Commission and of the Executive Committee. Created, members, etc. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 25, 1969.

Page 732

PEACE OFFICERSAUTHORITY TO MAKE ARRESTS. No. 540 (House Bill No. 331). An Act to provide that peace officers shall not be denied the authority to arrest because of the race, creed, or national origin of the peace officer or the race, creed, or national origin of the person upon whom the arrest is being made; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. No peace officer of the State of Georgia or any political subdivision thereof shall be denied the authority to arrest any person because of the race, creed, or national origin of the peace officer or the race, creed, or national origin of the person upon whom the arrest is being made. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 25, 1969. MOTORCYCLESOPERATION AND SAFETY EQUIPMENT. No. 541 (House Bill No. 409). An Act to provide how motorcycles shall be operated in this State; to provide that certain equipment and devices must be on certain motorcycles; to provide that certain protective headgear and eye-protective devices must be worn by persons riding upon motorcycles; to provide that the Director of the Department of Public Safety shall approve such devices; to provide the procedure connected with the foregoing; to provide for penalties; to repeal conflicting laws; and for other purposes.

Page 733

Be it enacted by the General Assembly of Georgia: Section 1. (a) A person operating a motorcycle shall ride only upon the permanent and regular seat attached thereto, and such operator shall not carry any other person nor shall any other person ride on a motorcycle unless such motorcycle is designed to carry more than one person, in which event a passenger may ride upon the permanent and regular seat if designed for two persons, or upon another seat firmly attached to the motorcycle at the rear or side of the operator. Operators and passengers. (b) A person shall ride upon a motorcycle only while sitting astride the seat, facing forward, with one leg on either side of the motorcycle. (c) No person shall operate a motorcycle while carrying any package, bundle, or other article which prevents him from keeping both hands on the handlebars. (d) No operator shall carry any person, nor shall any person ride, in a position that will interfere with the operation or control of the motorcycle or the view of the operator. Section 2. (a) Any motorcycle carrying a passenger, other than in a sidecar or enclosed cab, shall be equipped with footrests for such passenger. Equipment. (b) No person shall operate any motorcycle with handlebars more than 15 inches in height above that portion of the seat occupied by the operator. Section 3. (a) No person shall operate or ride upon a motorcycle unless he is wearing protective headgear which complies with standards established by the Director of the Department of Public Safety. Headgear, etc. (b) No person shall operate a motorcycle unless he is wearing an eye-protective device of a type approved by the Director, except when the motorcycle is equipped with a windscreen.

Page 734

(c) This section shall not apply to persons riding within an enclosed cab. (d) The Director is hereby authorized to approve or disapprove protective headgear and eye-protective devices required herein, and to issue and enforce regulations establishing standards and specifications for the approval thereof. The Director shall publish lists of all protective headgear and eye-protective devices by name and type which have been approved by him. Section 4. Any person who shall violate the provisions of this Act or any rule or regulation promulgated by the Director shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor. Crimes. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 25, 1969. SPECIAL MOTOR VEHICLE LICENSE PLATES TO OPERATORS OF CITIZENS' BAND RADIO STATIONS. No. 542 (House Bill No. 418). An Act to amend an Act providing for issuing special license tags to motor vehicle owners who operate citizens' band radio stations, approved February 28, 1968 (Ga. L. 1968, p. 43), so as to provide such tags may be issued for pickup trucks and station wagons; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for issuing special license tags to motor vehicle owners who operate citizens' band radio stations, approved February 28, 1968 (Ga. L. 1968, p. 43), is hereby amended by adding in section 1 after the

Page 735

words private passenger and before the word cars the following: pickup trucks, station wagons and, so that when so amended, section 1 shall read as follows: 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 pickup trucks, station wagons and cars upon which shall be inscribed the official citizens' band radio call letters of such applicant as assigned by the Federal Communications Commission. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 25, 1969. ZONINGAUTHORITY OF JOINT CITY-COUNTY PLANNING COMMISSIONS. No. 543 (House Bill No. 432). An Act to amend an Act authorizing the governing authorities of the several municipalities and counties to establish separate or joint planning facilities, approved March 13, 1957 (Ga. L. 1957, p. 420), as amended, particularly by an Act approved March 17, 1959 (Ga. L. 1959, p. 335), so as to clarify that municipalities have the authority to zone property within their corporate limits, and counties have the authority to zone property within the unincorporated areas of the county; to provide that the secretary

Page 736

of a joint planning commission shall submit the findings of the commission to the municipality when the property sought to be rezoned lies within the corporate limits thereof, and to the governing authority of the county when the property sought to be rezoned lies within the unincorporated area of the county; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act authorizing the governing authorities of the several municipalities and counties to establish separate or joint planning facilities, approved March 13, 1967 (Ga. L. 1957, p. 420), as amended, particularly by an Act approved March 17, 1959 (Ga. L. 1959, p. 335), is hereby amended by adding in the first sentence in section 7 between the words empowered and in the following: the municipality within the corporate limits thereof, and the county within the unincorporated areas thereof, so that when so amended section 7 shall read as follows: Section 7. Zoning: Grant of Power. For the purpose of promoting the health, safety, morals, conveniences, order, prosperity, or general welfare of the municipality or county or both, the governing authorities of the municipality and county, respectively, are hereby empowered, the municipality within the corporate limits thereof, and the county within the unincorporated areas thereof, in accordance with the conditions and the procedure specified in this Act, to regulate the location, height, bulk, number of stories and size of buildings and other structures, the percentage of lot which may be occupied, the sizes of yards, courts, and other open spaces, the density and distribution of populations, and the uses of buildings, structures, and land for trade, industry, residence, creation, agriculture, forestry, conservation, water supply, sanitation, protection against floods, public activities, and other purposes. Such regulations shall be made in accordance with a comprehensive plan and shall be designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health and

Page 737

the general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements. Such regulations shall be made with reasonable consideration, among other things, of the character of the district and its peculiar suitability for particular uses, and with a view to promoting desirable living conditions and the sustained stability of neighborhoods, protecting property against blight and depreciation, securing economy in governmental expenditures, conserving the value of buildings and encouraging the most appropriate use of land and other buildings and structures throughout such municipality or county or both. Section 2. Said Act is further amended by adding at the end of section 10 the following: The recommendations of a municipal-county planning commission shall be submitted by the secretary to the governing authority of the municipality when the property sought to be rezoned lies within the corporate limits thereof, or to the governing authority of the county when the property sought to be rezoned lies within the unincorporated area of the county., so that when so amended section 10 shall read as follows: Section 10. Zoning Amendments. The zoning ordinance or resolution, including the maps, may be amended from time to time; but no amendment shall become effective unless it shall have been proposed by or shall first have been submitted to the municipal planning commission, the county planning commission, or the municipal-county planning commission for review and recommendation. The planning commission shall have thirty (30) days within which to submit its report. If the planning commission fails to submit a report within the thirty (30) day period, it shall be deemed to have approved the proposed amendment. The provisions of the previous section relative to public hearings and official notice shall apply equally to all amendments. However, the governing authority of the municipality and

Page 738

county may, by joint resolution, authorize a municipal-county planning commission to hold all the public hearings in lieu of the public hearing required by the governing authority of the municipality and county and that when so authorized by ordinance or resolution by the governing authority of the municipality and county, the municipal-county planning commission shall hold a public hearing thereon; at least fifteen (15) days' notice of the time and place shall be published in a newspaper of general circulation in the county before enacting any amendment to the zoning ordinance or resolution, including the maps and that when said public hearing is held as required herein by the municipal-county planning commission a public hearing by the governing authority of the municipality or county shall not be necessary before amending the said zoning ordinance or resolution including the maps thereof. The recommendations of a municipal-county planning commission shall be submitted by the secretary to the governing authority of the municipality when the property sought to be rezoned lies within the corporate limits thereof, or to the governing authority of the county when the property sought to be rezoned lies within the unincorporated area of the county. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 25, 1969. REVENUETAX RETURNS IN CERTAIN COUNTIES (36,000-38,000). Code 92-6206, 92-6208 Amended. No. 544 (House Bill No. 434). An Act to amend Code Chapter 92-62, relating to the time, manner and subject of returns to tax receivers, as amended, so as to provide that in counties having a population of not less than 36,000 and not more than 38,000, according to the 1960 United States Census or any future such census, that any person, company or corporation

Page 739

subject to taxation in such county who fails to return such real and personal property for taxes during the time the tax books are open and who returned or paid taxes on such personal property during the preceding year in any such county shall be deemed to have returned taxes on the same property and at the same value for the current year as taxes were returned or paid the year next preceding in that county; to provide the effective date of the Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 92-62, relating to the time, manner and subject of returns to tax receivers, as amended, is hereby amended by adding to the end of Code section 92-6206 the following: Except in counties having a population of at least 36,000 and not more than 38,000, according to the 1960 United States Census and any future such census, all persons, companies and corporations subject to taxation in such county who fail to return real property for taxes during the time the tax books are open who returned or paid taxes on such property during the preceding year in any such county shall be deemed to have returned taxes on the same property and at the same value for the current year as taxes were returned or paid in the year next preceding in that county. This shall not be construed to do away with the penalties which are assessed for failure to make proper and timely tax returns. Code 92-6206 amended. Section 2. Said Code Chapter is further amended by adding to the end of Code section 92-6208 the following: Except in counties having a population of at least 36,000 and not more than 38,000, according to the 1960 United States Census and any future such census, all persons, companies and corporations subject to taxation in such county who fail to return personal property for taxes during the time the tax books are open who returned or paid taxes on such property during the preceding year in any such county

Page 740

shall be deemed to have returned taxes on the same property and at the same value for the current year as taxes were returned or paid in the year next preceding in that county. This shall not be construed to do away with the penalties which are assessed for failure to make proper and timely tax returns. Code 92-9208 amended. Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 25, 1969. VENUE IN ACTIONS ON BONDS OF CLERKS OF COURT, ETC. Code 56-1201 Amended. No. 545 (House Bill No. 457). An Act to amend Code section 56-1201, relating to venue in actions against insurance companies, so as to include superior court clerks or deputy clerks and clerks or deputies of any courts of record as persons upon whom a suit shall be instituted only in the county of their residence upon their official bonds; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 56-1201, relating to venue in actions against insurance companies, is hereby amended by adding in subsection (4) thereof between the words officer and upon in the second sentence the following words, to-wit: or superior court clerk or deputy clerk; or clerk or deputy of any court of record,

Page 741

so that when so amended subsection (4) shall read as follows: (4) In any county where the property covered by an insurance contract upon which an action is brought is located or where the person entitled to the proceeds of an insurance contract upon which action is brought maintains his legal residence. For the purpose of this subsection personal property shall be deemed to be located in the county of the legal residence of the owner thereof, and for the purpose of bringing suit under this subsection a company which has written a contract of insurance upon persons or property located in a particular county, or which has become surety for the performance of an obligation in a particular county shall be deemed to be transacting business in such county and shall be deemed to be a legal resident of such county; Provided further, that any action or suit on the bond of a sheriff, or other arresting or law enforcement officer, or superior court clerk or deputy clerk; or clerk or deputy of any court of record, upon which any guaranty or surety company or fidelity insurance company is bound and obligated as surety, shall be instituted in the county of the residence of such officer, and not in any other county; and the county of the residence of such officer is hereby fixed as the venue of any action or suit on such bond; and such officer may be made a party defendant or may by intervention become a party defendant. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 25, 1969. CRIMESAIRCRAFT HIJACKING. Code 26-3301 Enacted. No. 546 (House Bill No. 458). An Act to amend an Act revising and recodifying the laws relating to crimes, approved April 10, 1968 (Ga. L. 1968,

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p. 1249), so as to define the offense of hijacking an aircraft; to provide for a penalty; to provide that the offense of hijacking is declared to be a continuing offense from the point of beginning and jurisdiction to try a person accused of the offense of hijacking shall be in any county of Georgia over which the aircraft is being operated; 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 revising and recodifying the laws relating to crimes, approved April 10, 1968 (Ga. L. 1968, p. 1249), is hereby amended by adding in section 1, immediately after Chapter 26-32, a new Chapter to be numbered Chapter 26-33 and to read as follows: Chapter 26-33. Aircraft Hijacking 26-3301. A person commits hijacking of an aircraft when he (1) by use of force; or (2) by intimidation, by the use of threats or coercion, places the pilot of an aircraft in fear of immediate serious bodily injury to himself or to another, causes the diverting of an aircraft from its intended destination to a destination dictated by such person. A person convicted of hijacking an aircraft shall be punished by death or life imprisonment. The offense of hijacking is declared to be a continuing offense from the point of beginning and jurisdiction to try a person accused of the offense of hijacking shall be in any county of Georgia over which the aircraft is being operated. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 25, 1969.

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COLLECTION OF CERTAIN COUNTY AND MUNICIPAL TAXES BY STATE REVENUE COMMISSIONER AUTHORIZED. No. 548 (House Bill No. 525). An Act to authorize the State Revenue Commissioner to negotiate and contract with the governing authority of any county or municipality for the purpose of arranging for the collection by the State Revenue Commissioner of any tax levied by any said county or municipality which is also levied and collected by the State Revenue Commissioner for the State; to provide for transmittal of funds so collected to the county or municipality involved; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The State Revenue Commissioner is hereby authorized to negotiate and contract with the governing authority of any county or municipality for the purpose of arranging for the collection by the State Revenue Commissioner of any tax levied by any said county or municipality which tax is also levied and collected by the State Revenue Commissioner for the State. Such agreement shall include a fee to be paid by the county or municipality to the State Revenue Commissioner in such amount as may be necessary to fully cover the cost of collection of the local portion of the tax by the State Revenue Commissioner. The State Revenue Commissioner shall transmit to such county or municipality all such taxes so collected on behalf of each said county or municipality on or before the date specified in the agreement, less the collection fee agreed upon. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 25, 1969.

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REVENUEINCOME TAX FORMS. Code 92-3208 Amended. No. 549 (House Bill No. 527). An Act to amend Code section 92-3208, relating to forms for income tax returns, so as to provide that the State Revenue Commissioner shall cause to be printed on all State Income Tax Return forms for individuals the following: Have you filed an intangible tax return for the year covered by this return? If not, why not?; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 92-3208, relating to forms for income tax returns, is hereby amended by adding to the end thereof the following new paragraph: The State Revenue Commissioner shall cause to be printed on all State Income Tax Return forms for individuals, the following: `Have you filed an intangible tax return for the year covered by this return? If not, why not?' Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 25, 1969. GEORGIA STATE BOARD OF NURSING HOMES ACT AMENDED. No. 550 (House Bill No. 534). An Act to amend an Act creating the Georgia State Board of Nursing Homes, approved April 8, 1968 (Ga. L. 1968, p. 1143), so as to change the number of members on said

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board; to change certain provisions relating to the transfer of monies to the State Treasury; to change certain provisions relating to the election of officers on the board; to provide that the executive secretary of said board shall be the Joint-Secretary of the State Examining Boards; and to define his duties; to remove certain provisions which authorize the board to adopt criteria for evaluating nursing homes; to provide for reciprocity; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Georgia State Board of Nursing Homes, approved April 8, 1968 (Ga. L. 1968, p. 1143), is hereby amended by striking section 2, in its entirety and inserting in lieu thereof a new section 2 to read as follows: Section 2. There is hereby created the Georgia State Board of Nursing Homes, which shall consist of seven (7) appointive members, and the Director of the Georgia Department of Public Health, or his designee, who shall serve ex-officio as a member of such board. The members of the Board shall be initially appointed by the Governor with the approval of the Secretary of State and confirmation by the Senate from a list of twenty-one (21) names submitted to the Governor by the Board of Directors of the Georgia Nursing Home Association, Inc. Non-Proprietary nursing homes shall have at least one member on this Board. Three (3) members shall be appointed for terms of three (3) years, two (2) members shall be appointed for terms of two (2) years, and two (2) members shall be appointed for a term of one (1) year; thereafter, the terms of all appointive members shall be three (3) years. The appointees shall be selected from a list of three (3) nominees per appointee, submitted to the Governor by the Board of Directors of the Georgia Nursing Home Association, Inc. Any vacancy occurring in the position of an appointive member shall be filled by the Governor with the approval of the Secretary of State and confirmed by the Senate for the unexpired term, from a list of three (3) names submitted to the Governor by the Board of Directors of the

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Georgia Nursing Home Association, Inc. Appointive members may be removed by the Governor for cause. Initial appointments of members after this Act becomes effective shall be limited to persons who are approved by the Director of the Georgia Department of Public Health as an administrator, (and serving in such capacity on the effective date of this Act) as such term shall be defined by this Board. After initial appointments have been made, no person shall be eligible for appointment as a member unless he is the holder of a license as a Nursing Home Administrator. The appointed members of the Board shall be representative of professions and institutions concerned with the care of chronically ill and infirm aged patients. Created, members, etc. Section 2. Said Act is further amended by striking section 5 in its entirety and inserting in lieu thereof a new section 5, to read as follows: Section 5. All fees collected under the provisions of this Act shall be transmitted monthly to the State Treasurer. Fees. Section 3. Said Act is further amended by striking section 6 in its entirety and inserting in lieu thereof a new section 6 to read as follows: Section 6. The Board shall elect a chairman and vicechairman from its membership and such other officers as it shall deem necessary, and shall adopt rules and regulations to govern its proceedings. Each member shall receive, as full compensation for his services, the sum of $25.00 per diem. All members shall be allowed necessary travel expenses, as may be approved by the Chairman and Joint-Secretary. The Secretary of State may employ and fix the compensation and duties of necessary personnel to assist the Board in performance of its duties. The Joint-Secretary of the State Examining Boards shall be the executive secretary of the Board. He shall have such duties as are directed by the Board, and which are authorized under Code Chapter 84-1. Chairman, rules, etc.

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Section 4. Said Act is further amended by striking section 10 in its entirety and inserting in lieu thereof a new section 10, to read as follows: Section 10. The Board may issue a nursing home administrator's license, without examination, to any person who holds a current license as a nursing home administrator from another jurisdiction, provided that the Board finds that the standards for licensure in such other jurisdiction are at least the substantial equivalent of those prevailing in this State, and that the applicant is otherwise qualified. Licenses. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 25, 1969. REVENUEFURNISHING OF INFORMATION FROM INCOME TAX RETURNS TO CERTAIN COUNTIES AUTHORIZED (400,000 OR MORE). Code 92-3216 Amended. No. 551 (House Bill No. 549). An Act to amend Code section 92-3216, relating to the secrecy and confidentiality of income tax returns, so as to provide authorization for the State Revenue Commissioner, upon request of the governing authority of municipalities of this State having a population of 400,000 or more according to the last Federal Decennial Census or any future such census, to furnish information from State income tax returns, to the proper municipal finance officer or taxing official to be used by those officials in the discharge of their official duties; to provide for the payment of the costs of the furnishing of such information; to provide that such information so furnished shall retain its confidential nature in the hands of the officials of such municipalities; to provide for severability;

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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 92-3216, relating to the secrecy and confidentiality of income tax returns, is hereby amended by adding at the end of the second paragraph thereof the following: The Commission shall, upon request, by resolution of the governing authority of municipalities of this State having a population of 400,000 or more according to the last Federal Decennial Census or any future such census, furnish to the finance officer or taxing official of such municipalities any pertinent tax information from income tax returns to be used by those officials in the discharge of their official duties. Any information so furnished shall, in the hands of such local officials, retain their privileged and confidential nature to the same extent and under the same conditions as that information is privileged and confidential in the hands of the State Revenue Commission. The State Revenue Commissioner is authorized to make a nominal charge for any information so furnished, such charge not to exceed the actual cost of furnishing such information. Nothing herein contained shall be construed to prevent the use of such information as evidence in any State or Federal Court in the event of litigation involving any municipal tax liability of the taxpayer. so that when so amended, the second paragraph of Code section 92-3216 shall read as follows: Notwithstanding the provisions of this section, the Commissioner may permit the Commissioner of Internal Revenue of the United States, or the proper officer of any State imposing an income tax similar to that imposed by this law, or the authorized representative of either such officer, to inspect the income tax returns of any taxpayer, or may furnish to such officer or his authorized representative an abstract of the return of income of any taxpayer or supply him with information concerning any item of income contained in any return, or disclosed by the report of any

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investigation of the income or return of income of any taxpayer; but such permission shall be granted, or such information furnished to such officer or his representative, only if the statutes of the United States or of such other State, as the case may be, grant substantially similar privileges to the proper officer of this State charged with the administration of this law. The Commissioner shall, upon request, by resolution of the governing authority of municipalities of this State having a population of 400,000 or more according to the last Federal Decennial Census or any future such census, furnish to the finance officer or taxing official of such municipalities any income tax returns or any pertinent tax information from said tax returns to be used by those officials in the discharge of their official duties. Any information so furnished shall, in the hands of such local officials, retain their privileged and confidential nature to the same extent and under the same conditions as that information is privileged and confidential in the hands of the State Revenue Commissioner. The State Revenue Commissioner is authorized to make a nominal charge for any information so furnished, such charge not to exceed the actual cost of furnishing such information. Nothing herein contained shall be construed to prevent the use of such information as evidence in any State or Federal Court in the event of litigation involving any municipal tax liability of the taxpayer. Section 2. Should any provision of this Act or the application thereof to any person or circumstance be held invalid, the invalidity shall not affect other provisions or applications of the Act which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable. Severability. Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 25, 1969.

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GEORGIA NATURAL AREAS COUNCIL ACT AMENDED. No. 552 (House Bill No. 551). An Act to amend an Act known as the State Council for the Preservation of Natural Areas Act, approved March 10, 1966 (Ga. L. 1966, p. 330), so as to provide for a new short title; to provide for the creation of the Georgia Natural Areas Council; to provide for findings and a declaration of purpose; to change certain definitions; to provide for the appointment of members and for terms of office; to provide for the reimbursement of certain expenses; to provide for the employment of an Executive Director and other personnel and for their compensation; to provide for the appropriation of funds to the State Parks Department for the use of the Georgia Natural Areas Council; to provide that said Council shall be the successor to the State Council for the Preservation of Natural Areas and for the continuation of certain membership of said Council on the Georgia Natural Areas Council; to provide for all procedures, requirements and other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the State Council for the Preservation of Natural Areas Act, approved March 10, 1966 (Ga. L. 1966, p. 330), is hereby amended by striking section 1 in its entirety and substituting in lieu thereof a new section 1 to read as follows: Section 1. Short Title. This Act shall be known and may be cited as the `Georgia Natural Areas Council Act'. Section 2. Said Act is further amended by adding a new section between sections 1 and 2 to be designated section 1A and to read as follows: Section 1A. Findings; declaration of purpose. The General Assembly finds that there is an increasing nationwide

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concern over the deterioration of man's natural environment in rural as well as urban areas; that there is a serious need to study the long-term effects of our civilization on our natural environment; that while the State of Georgia is still richly endowed with relatively undisturbed natural areas, these areas are rapidly being drastically modified and even destroyed by human activities; that it is of the utmost importance to preserve examples of such areas in their natural state, not only for scientific and educational purposes but for the general well being of our society and its people. Therefore, it shall be the purpose and function of the Georgia Natural Areas Council to identify natural areas in the State of Georgia which are of unusual ecological significance and use its influence and take whatever steps which are within its power to secure the preservation of such areas in an undisturbed natural state in order that such areas may: (1) be studied scientifically, (2) be used for educational purposes, (3) serve as examples of nature to the general public, (4) enrich the quality of our environment for present and future generations, and (5) to recommend areas or parts of areas for recreational use. Section 3. Said Act is further amended by striking the quoted definitions of section 2 in their entirety and substituting in lieu thereof new definitions to read as follows: `Council' shall mean the Georgia Natural Areas Council hereinafter created. Definitions. `Natural areas' shall mean a tract of land in its natural state which may be set aside and permanently protected or managed for the purpose of the preservation of native plant or animal communities or rare or valuable individual members of such communities or any other natural features of significant scientific, educational, geological, ecological or scenic value. Section 4. Said Act is further amended by striking sections 3, 4, and 5 in their entirety and substituting in lieu thereof new sections 3, 4, and 5 to read as follows: Section 3. Georgia Natural Areas Council; creation; members; appointment; terms of office; vacancies. (a)

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There is hereby created the Georgia Natural Areas Council which shall be attached to the Department of State Parks for budgetary purposes and for the administration of fiscal matters and which shall consist of thirteen (13) members as follows: (1) One representative to be appointed by the State Game and Fish Commission for a term to be determined at the discretion of said Commission. (2) One representative to be appointed by the State Forestry Commission for a term to be determined at the discretion of said Commission. (3) One representative from the Department of State Parks, to be appointed for a term to be determined at the discretion of the Director of said Department. (4) One representative from the Georgia Water Quality Control Board to be appointed for a term to be determined by the Director of said Board. (5) Two representatives from the University System of Georgia to be appointed by and for a term to be determined by The Georgia Association of Colleges. (6) Two representatives from the private colleges and universities of the State to be appointed by and for a term to be determined by The Georgia Association of Colleges. (7) One representative from the Georgia Soil and Water Conservation Committee for a term to be determined at the discretion of the said Committee. (8) One representative from the Regional Area Planning and Development Commissions to be appointed by the State Planning Advisory Committee for a term to be determined by said Committee. (9) Two representatives from the State Senate, one of whom shall be the Chairman of the Senate Agriculture and Natural Resources Committee and the other the Chairman

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of the Game and Fish Subcommittee of the Senate Agriculture and Natural Resources Committee and shall serve for a term to be determined by the Lieutenant Governor. (10) Two representatives from the State House of Representatives, one of whom shall be the Chairman of the House Game Fish Committee and the other the Chairman of the House Natural Resources Committee. (b) In the event any member fails or is unable to serve the full term for which he is appointed, the appropriate agency responsible for his appointment shall appoint a person to serve for the unexpired term. Any member shall be eligible for reappointment. (c) The members of the Council, other than the legislative members, shall serve without compensation but shall be reimbursed for travel expenses, at the rate authorized by law for State employees, and other actual and necessary expenses incurred by them in carrying out their official duties and responsibilities under this Act. The legislative members of the Council shall receive the expenses and allowances provided by law for members of legislative interim committees for attending meetings of the Council. Section 4. Officers, meetings, quorum, Executive Director. (a) The Council shall select a Chairman from its own members who shall call meetings of the Council and preside at such meetings. Meetings may also be called at the request of any five members and may be held as often as necessary, but the Chairman shall call at least one meeting every six months. Seven members of the Council shall constitute a quorum for the transaction of business. (b) The Council shall be authorized to employ and fix the compensation of an Executive Director who shall be the chief administrative officer and Secretary of the Council and shall have such other duties as the Council shall provide. The Executive Director, with the approval of the Council, shall be authorized to employ such staff and clerical personnel and fix their compensation as may be necessary

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to enable the Council to carry out its duties and responsibilities. (c) The Executive Director shall be responsible for preparing and editing the minutes of the meetings of the Council. Section 5. Any funds necessary to carry out the provisions of this Act shall come from funds appropriated or otherwise made available to the Department of State Parks for the use of the Georgia Natural Areas Council. Funds. Section 5. The Council created by this Act shall be the successor to the State Council for the Preservation of Natural Areas heretofore created, and the membership of said Council shall be the same as the present membership of said Council except the additional members added by quoted Section 3 of section 4 of this Act shall be appointed as provided in said quoted section 3, and except that said membership may be changed in accordance with the provisions of said quoted section 3. Intent. Section 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 25, 1969. OCEAN SCIENCE CENTER OF THE ATLANTIC COMMISSION ACT AMENDED. No. 553 (House Bill No. 570). An Act to amend an Act creating the Ocean Science Center of the Atlantic Commission approved March 8, 1967 (Ga. L. 1967, p. 12), so as to provide for the establishment of marine resources extension centers; to reconstitute

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the membership of the Board of Trustees; to provide for the development and study of plans for the utilization and development of coastal and offshore lands, waters and resources; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act approved March 8, 1967 (Ga. L. 1967, p. 12) is hereby amended by striking the second paragraph of section 1 in its entirety and by substituting in lieu thereof a new paragraph to read as follows: The principal activities of the Commission will be to plan, promote and develop an oceanographic research complex; to establish and cause to be operated one or more marine resources extension centers; and to study and develop plans, proposals, reports and recommendations for the development and utilization of the coastal and offshore lands, waters and resources of this State. The Commission may delegate to one or more of its members, or to its officers, agents, and employees such powers and duties as it may deem proper. Duties. Section 2. Said Act is further amended by striking section 2 in its entirety and by substituting in lieu thereof a new section 2 to read as follows: Section 2. The Commission shall be directed and governed by a Board of Trustees of fifteen members as follows: (1) The Secretary of State. (2) The Chancellor of the University System of Georgia. (3) The Chairman of the Georgia Science and Technology Commission. Board of trustees. (4) The Chairman of the Georgia Department of Industry and Trade. (5) The Chairman of the Georgia Ports Authority.

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(6) 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. (7) Five members shall be selected for their experience and capability in technical and economic development, and shall be appointed from the following areas: (a) One member from the congressional district encompassing the Savannah area. (b) One member from the congressional district encompassing the Brunswick area. (c) Three members provided from the State at large. (d) The five members provided for in this subsection shall be appointed in the following manner: (i) The Georgia Science and Technology Commission shall nominate three persons for each position, and the Governor shall appoint one of the three nominees for such position. Two of the citizen members shall have initial terms of two years each, beginning on the effective date of this Act, and until their successors are appointed and qualified. (ii) Two of the citizen members shall have initial terms of four years each beginning on the effective date of this Act, and until their successors are appointed and qualified. (iii) One of the citizen members shall have a six-year term beginning on the effective date of this Act, and until his successor is appointed and qualified. (iv) Thereafter, all terms of such citizen members shall be for six years, and until their successors are appointed and qualified.

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(8) Three members shall be selected from the State at large for their special competence in technical areas related to coastal Georgia, and shall be appointed in the following manner: (a) The Board of Regents of the University System of Georgia shall nominate three persons for each position, and the Governor shall appoint one of the three nominees for each such position. (b) One member shall have an initial term of two years, and until his successor is appointed and qualified. (c) One member shall have an initial term of four years, and until his successor is appointed and qualified. (d) One member shall have an initial term of six years, and until his successor is appointed and qualified. (e) Thereafter, all terms of such members shall be for six years, and until their successors are appointed and qualified. (9) The governing Board of Trustees shall elect from its membership a chairman and a vice-chairman, who shall serve terms of two years each, and until their successors are appointed and qualified. A majority of the membership of the Board shall constitute a quorum. No vacancy on the Board shall impair the right of the quorum to exercise all the rights and perform all the duties of the Board; at every meeting and in every instance a majority vote shall authorize any legal act of the Board. The members of the Board shall not be entitled to compensation for their services, but shall be entitled to and shall be reimbursed for their actual expenses necessarily 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. The Board shall make rules and regulations for its own government. The Commission may employ an executive director who shall serve at the pleasure of the Board.

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(10) The members of the Board shall be accountable in all respects as trustees. The Board shall provide for the keeping of suitable books and records of all existing facility rental contracts, all income and receipts of every kind and shall submit such books together with a statement of the Board's financial position, to the State Auditor for such audit and inspection as the State Auditor may deem wise, once a year on or about the close of the State's fiscal year. All records of the Commission shall be subject to the provisions of the Act approved February 27, 1959 (Ga. L., 1959, p. 88), providing for the inspection of public records. Section 3. Said Act is further amended by adding at the end of section 4 of said Act, immediately following subsection (j), two new subsections to be known as subsections (k) and (l) to read, respectively, as follows: (k) To establish and cause to be operated one or more marine resources extension centers, and in connection therewith furnish instructions and practical demonstrations in the application of marine science and techniques to vocational, industrial and recreational utilization and development of coastal and offshore lands, waters and resources; to contract with any public agency, department, or instrumentality, or any private person, or corporation for the furnishing of instructions and demonstrations in accordance with the direction and under the supervision of the Commission. Duties. (l) To study and develop plans, proposals, reports and recommendations for the development and utilization of the coastal and offshore lands, waters and resources of this State for the purpose of determining those uses which will produce the most beneficial economic, industrial, recreational, and aesthetic results; to publish and make available reports or information in connection with such studies; to coordinate plans between State agencies when such agencies have a common interest in matters affecting utilization or development of coastal or offshore lands, waters and resources; to prepare and furnish studies, reports, plans and recommendations to any State agency, department or commission requesting same in connection with development

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or utilization of coastal or offshore lands, waters and resources. Section 4. Nothing in this Act shall affect the terms of members of the Board of Trustees previously appointed and serving, and such members shall continue to serve in accordance with their original appointments. Intent. Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 25, 1969. CRIMESMOTOR VEHICLE VIOLATIONSARRESTS MAY BE MADE BY CITATION, ETC. No. 554 (House Bill No. 572). An Act to provide that a law enforcement officer may arrest persons accused of violating any law or ordinance governing the operation, licensing, registration, maintenance and inspection of motor vehicles by the issuance of a citation; to provide that persons so arrested may be issued citations in which they shall be informed of the specific violations and charges to which they are to answer and the date upon which they are required to appear and answer said charges; to provide for the issuance of bench warrants for the apprehension of persons who fail to answer such citations; 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. Notwithstanding any other provision of any law to the contrary, law enforcement officers may arrest

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persons accused of violating any law or ordinance governing the operation, licensing, registration, maintenance and inspection of motor vehicles by the issuance of a citation, providing said offense is committed in his presence. The officer may issue to such person a citation which shall enumerate the specific charges against such person and the date upon which said person is to appear and answer said charges. If such person shall fail to appear as specified in the citation, the judge having jurisdiction of the offense may issue a warrant ordering the apprehension of such person and commanding that he be brought before the court to answer the charge contained within the citation and the charge of his failure to appear as required. Said person shall then be allowed to make a reasonable bond to appear on a given date before such court. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Section 3. The effective date of this Act shall be the date the same is signed by the Governor, or otherwise becomes law. Approved April 25, 1969. JUVENILE COURTSJUVENILES' RIGHT TO BAIL. No. 555 (House Bill No. 590). An Act to amend an Act establishing Juvenile Courts, approved February 19, 1951 (Ga. L. 1951, p. 291), as amended, so as to provide that juveniles subject to the jurisdiction of the Juvenile Court shall have the same right to bail by the Juvenile Court as adults; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing Juvenile Courts, approved February 19, 1951 (Ga. L. 1951, p. 291), as amended, is

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hereby amended by adding between sections 19A and 20 a new section to be numbered section 19B and to read as follows: Section 19B. Right to bail. All juveniles subject to the jurisdiction of the Juvenile Court, on application of the parent or guardian, shall have the same right to bail as adults, and the Juvenile Court judge shall admit to bail all juveniles under his jurisdiction in the same manner and under the same circumstances and procedures as are applicable to adults accused of the commission of crimes. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 25, 1969. GEORGIA POST MORTEM EXAMINATION ACT AMENDEDCOMPENSATION OF JURORS. No. 556 (House Bill No. 605). An Act to amend an Act known as the Georgia Post Mortem Examination Act, approved March 11, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 602), as amended, so as to provide that the first grand jury impaneled at the fall term of the superior courts of the several counties shall fix the compensation of the jurors of the coroner for the next succeeding year; 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 Post Mortem Examination Act, approved March 11, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 602), 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 14. The coroner shall summon and impanel five jurors to hold an inquest who shall decide the verdict by a

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majority vote. The first grand jury impaneled at the fall term of the superior courts of the several counties shall fix the compensation of said jurors for their services for the next succeeding year, but such compensation shall not be less than $3.00 nor more than $10.00 per diem. It shall be the duty of the coroner, or other person discharging the duties of the coroner, to give a certificate of the fact of such service to each juror. Upon presentation of such certificate to the proper fiscal authority of the county in which the inquest is held, such fiscal authority shall pay the juror for his services. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 25, 1969. TORTSACTIONS BY ADMINISTRATORS AND EXECUTORS. Code 105-1309 amended. No. 557 (House Bill No. 609). An Act to amend Code section 105-1309, relating to the recovery by an administrator of a decedent, so as to provide that the administrator or executor of the decedent may sue for and recover for the benefit of the next of kin the full value of the life of the decedent, notwithstanding the question of the dependency of the next of kin upon the decedent for support; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 105-1309, relating to the recovery by an administrator of a decedent, is hereby amended by striking in its entirety said Code section and substituting in lieu thereof a new Code section 105-1309 to read as follows:

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105-1309. Recovery by administrator of decedent. In cases where there is no person entitled to sue under the foregoing provisions of this Chapter, the administrator or executor of the decedent may sue for and recover and hold the amount recovered for the benefit of the next of kin. In any such case the amount of the recovery shall be the full value of the life of the decedent. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 25, 1969. GEORGIA AGRICULTURAL COMMODITIES PROMOTION ACT. No. 558 (House Bill No. 611). An Act to repeal an Act known as the Georgia Agricultural Commodities Promotion Act approved March 30, 1961, Ga. L. 1961, p. 301), as amended by an Act approved February 21, 1964, (Ga. L. 1964, p. 141), and as amended by an Act approved March 26, 1968, (Ga. L. 1968, p. 398), and to enact in lieu thereof an Act to be known as the Georgia Agricultural Commodities Promotion Act so as to implement Article VII, Section II, Paragraph I-A of the Constitution as amended in 1968; to provide for the promotion of the production, marketing, sales, use, and utilization, processing and improvement of the agricultural products of this state and procedures connected therewith; to provide for marketing orders, and the financing, for mulation, issuance, contents, and enforcement thereof and procedures connected therewith; to define terms; to enumerate the duties of the Commissioner of Agriculture in supervision and administering such programs and procedures connected therewith; to establish, 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

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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 Commission 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 prescribe the procedure for establishment of new commissions; to fix the powers, duties, authority and responsibility of commissions and qualifications and compensation of members of each; to provide that each commission shall continue until terminated under the provisions of this Act; to provide that the giving of notice and conducting of hearings under this Act shall be in accordance with the Georgia Administrative Procedure Act; to provide for reports, their contents, the filing, disposition, and use to be made thereof, and procedures connected therewith; to authorize the Commissioner of Agriculture to issue and administer and enforce the provisions of marketing orders for each such commission; to provide limitations, authorizations, and restrictions upon marketing orders; to provide that the Commissioner 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 shall continue of force and effect until repealed or modified by the Commissioner; to provide for issuance of seasonal marketing orders within prescribed limits; to provide for approval or rejection of marketing orders and procedures connected therewith; to provide for the termination of marketing orders and procedures connected therewith; to fix, establish, and levy assessments on the sale and processing of milk, eggs, peanuts, sweet potatoes, peaches,

Page 765

flue-cured tobacco, apples, and cotton, produced in Georgia, which shall expire at Midnight, April 30, 1971, unless extended in accordance with this Act; to provide for future assessments and levies, the collection and disposition thereof and procedures connected therewith; to authorize the Commissioner of Agriculture to enforce said assessments by issuance and levy of executions and by suit; to provide for regulations and procedures to be followed in connection with all such authority; 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 the enforcement of the Act and procedures connected therewith; to provide for severability of the provisions of said Act; to authorize cooperation with and disclosure of information to other governmental authorities; to provide that the repeal of the Georgia Agricultural Commodities Promotion Act adopted in 1961 and subsequently amended shall in no way affect the validity of commissions now in existence or assessments heretofore levied and collected; to ratify and confirm all actions taken pursuant to said Act; to repeal all conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Act known as the Georgia Agricultural Commodities Promotion Act approved March 30, 1961, (Ga. L. 1961, p. 301), as amended by an Act approved February 21, 1964, (Ga. L. 1964, p. 141), and as amended by an Act approved March 26, 1968, (Ga. L. 1968, p. 398), is hereby repealed in its entirety. 1961 Act repealed. Section 2. It is the intent and purpose of this Act to implement Article VII, Section II, Paragraph I-A of the Constitution of the State of Georgia providing for the promotion

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of the production, marketing, sale, use and utilization, processing and improvement of agricultural products. The provisions of this Act providing for the financing of the cost of programs authorized hereunder are hereby expressly found, determined and declared to be an exercise of the authority vested in the General Assembly by the aforesaid provision of the Constitution. Intent. Section 3. This Act may be cited as the Georgia Agricultural Commodities Promotion Act. Short title. Section 4. Definitions. (a) Agricultural commodity means any and all agricultural, horticultural (including floricultural), and vegetable products produced in this state or any class, variety, or utilization thereof, either in their natural state or as processed by a producer for the purpose of marketing such product, or by a processor as herein defined, and shall include any one, any combination thereof, or all of the agricultural products, livestock and livestock products, poultry and poultry products, timber and timber products, fish and seafood, and the products of the farms and forest of this state. Definitions. (b) Producer means any person engaged within this state in the business of producing, or causing to be produced for market, any agricultural commodity as herein defined. (c) Handler means any person engaged within this state as a distributor in the business of distributing an agricultural commodity, or any person engaged as a processor in the business of processing an agricultural commodity. (d) Processor means any person engaged within this state in the operation of receiving, grading, packing, canning, fermenting, distilling, extracting, preserving, grinding, crushing or changing the form of an agricultural commodity for the purpose of preparing such agricultural commodity for market or of marketing such commodity, or any other activities performed for the purpose of preparing such commodity for market or of marketing such commodity,

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but shall not include a person engaged in manufacturing from an agricultural commodity, so changed in form, another and different product. Processor as used herein shall not include an agent of the processor nor any person who shall receive an agricultural commodity for or on the account of another person. (e) Distributor means any person who engages in the operation of selling, marketing or distributing, an agricultural commodity which he has produced or purchased or acquired from a producer or which he is marketing on behalf of a producer, whether as owner, agent, employee, broker or otherwise, but shall not include a retailer as herein defined except such retailer who purchases or acquires from, or handles on behalf of any producer, an agricultural commodity not theretofore subjected to regulation by the marketing order covering such commodity. (f) Retailer means any person who purchases or acquires any agricultural commodity for resale at retail to the general public for consumption off the premises but such person shall also be included within the definition of distributor, as herein set forth, to the extent that he engages in the business of a distributor as herein defined. (g) Person means an individual, firm, corporation, association or any other business unit, or any combination thereof, and shall, for the purposes of this Act, include any state agency which engages in any of the commercial activities regulated pursuant to the provisions of this Act. (h) Marketing order means an order issued pursuant to this Act prescribing rules and regulations governing the processing, distributing or handling in any manner of any agricultural commodity within this state, or establishing an assessment for financing the programs established under this Act. (i) To handle means to engage in the business of a handler as herein defined. (j) To process means to engage in the business of a processor as herein defined.

Page 768

(k) To distribute means to engage in the business of a distributor as herein defined. (l) Producer marketing or marketed by producers means any or all operations performed by any producer in preparing for market, and shall include selling, delivering or disposing of for commercial purposes, to any handler as herein defined any agricultural commodity which he has produced. (m) Advertising and sales promotion means, in addition to the ordinarily accepted meaning thereof, trade promotion and activities for the prevention, modification or removal of trade barriers which restrict the normal flow of agricultural commodities to market and may include the presentation of facts to and negotiations with state, federal or foreign governmental agencies on matters which affect the marketing of any commodity or commodities included in any marketing order made effective pursuant to the provisions of this Act. (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. (o) Commissioner means the Commissioner of Agriculture of the State of Georgia. (p) Commission means each and every Agricultural Commodity Commission created under the provisions of this Act. (q) Department means the Department of Agriculture for the State of Georgia.

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Section 5. The Commissioner shall be authorized to exercise supervisory jurisdiction over the administration and enforcement of the provisions of this Act and in the performance of said duty, he is hereby authorized to utilize the personnel and facilities of the State Department of Agriculture in fulfilling such duty. Enforcement. Section 6. The Commissioner is hereby authorized to, and it shall be his duty to receive, collect, and disburse the funds of each commission qualifying and operating within the provisions of this Act. He shall disburse funds of any entity created hereunder only upon the written authorization of the affected commission. Funds. Section 7. Funds received by the Commissioner under the provisions of this Act shall be held in trust for the affected commission. Such funds shall be deposited, accounted for, and disbursed in the same manner as the funds of the State of Georgia, but shall not be required to be deposited in the State Treasury and appropriated therefrom as other state funds. It is the expressed intent and purpose of this Act to authorize the receipt, collection, and disbursement of such funds as trust funds of the affected entity by the Commissioner without complying with the requirement applicable to funds collected for the use and benefit of the state. Trust funds. Section 8. Each of the following commissions heretofore established pursuant to the provisions of the Georgia Agricultural Commodities Promotion Act (Ga. L. 1961, p. 301), as amended, effective from the date set forth below opposite its name, is hereby ratified and confirmed as a public corporation and instrumentality of the State of Georgia from and since such date: 1. Agricultural Commodity Commission for Milk established July 1, 1961. 2. Agricultural Commodity Commission for Eggs established July 1, 1961. Prior. Commissions. 3. Agricultural Commodity Commission for Peanuts established August 1, 1961.

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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 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 10, Paragraph (g) of this Act and to constitute trust funds of such commission as provided in Section 7 of this Act. Each of the aforesaid commissions and each commission hereafter created by law shall, from and after the effective date of 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 thereby; 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 Act shall be valid and binding if authorized by terms of this Act as it existed before adoption of this Act. Prior to April 30, 1971, and each three years thereafter balloting shall be conducted in accordance with Section 15 of this Act, to determine whether any existing commission shall continue to exist and operate under this Act. Section 9. Each such commission, with the name of the agricultural commodity annexed thereto, shall be a public corporation and an instrumentality of the State of Georgia and by that name, style and title, each such commission

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may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity. Each such commission shall name its chairman and determine a quorum for the transaction of business. Each such commission shall assume the duties and exercise the authority provided herein without further formality than that provided herein. Each member of each such commission shall be a public officer and shall take an oath of office to faithfully perform his duties. Such oath shall be administered by the Commissioner or other such person qualified to administer oaths and the fact of his appointment shall be certified to the Secretary of State, who shall issue the appropriate commission under the seal of his office. Public corporations, etc. Section 10. (a) Each such commission shall be composed of the Commissioner of Agriculture, ex officio; the State Auditor, ex officio; the Attorney General, ex officio; the President of the Georgia Farm Bureau Federation, ex officio; and five (5) additional members who shall be producers of the affected agricultural commodity to be appointed by the ex officio members of the commission, as herein provided. Initial appointments by the ex officio members of the commission shall be made from a list of ten (10) nominees submitted by the producers of the affected agricultural commodity. Subsequent appointments by the ex officio members of the commission shall be made by them from a list of nominees containing the names of double the number of appointments to be made. In the event of a controversy as to the producer group authorized to submit a list of nominees for appointment as members of the commission, the ex officio members shall consider and determine all issues pertaining thereto and upon making its determination shall make the appointments in accordance with such determination. Members, etc. (b) Initial appointments shall be made three (3) members for a term of three (3) years each from the effective date of the appointment and two (2) members for a term of two (2) years each from the effective date of the appointment, and until their successors are appointed and qualified. Thereafter, successors shall be appointed for a

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term of three (3) years each from the effective date of the appointment and until their successors are appointed and qualifed. Vacancies shall be filled by appointment by the ex officio members of the commission, in like manner, for the unexpired term. Any appointive member shall be eligible for reappointment provided he shall be nominated as provided in this section. (c) The ex officio members who are state officers shall be compensated as provided by law. Each such ex officio member shall be reimbursed by his respective department or from the funds of the commission the actual and necessary expenses incurred in the performance of their duties. Each such ex officio member may designate a repreesentative of his department to act for him in performing any duties under this Act. (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. (e) Each commission is hereby authorized to appoint advisory boards, special committees, and individuals, including technical and clerical personnel, to advise, aid and assist the commission in the performance of its duties. Compensation for such services shall be fixed by each commission and may be paid from the funds of each commission. Each commission is hereby authorized to employ legal counsel for advice, counsel and representation, and to pay for the services of such counsel from the funds of the commission. Neither the provisions of Section 7 of an Act approved February 12, 1959, (Ga. L. 1959, p. 34), as amended, nor of any other law, shall prohibit or be applicable to the employment of such counsel. (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.

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(g) Each such commission is hereby authorized to accept donations, gifts and other property and to use the same for commission purposes. Each such commission may exercise the powers and authority conferred by law upon corporations. (h) The Attorney General and the State Auditor as ex officio members of each commission shall be entitled to vote on matters pertaining to the organization of each such commission and upon the selection and nomination of the appointive members of each commission. The two such ex officio members shall not be entitled to vote upon any matter pertaining to the policy provisions of the agricultural commodity nor shall they be entitled to vote upon the expenditure of any funds of the commission. (i) Each such commission shall continue as a public corporation and instrumentality of the State of Georgia until abolished by law or until terminated by referendum. Section 11. The appointive members of the commission and the President of the Georgia Farm Bureau Federation shall receive compensation and reimbursement of expenses as shall be provided by the commission and such funds shall be payable from the funds of the commission. Compensation of members. Section 12. The Commissioner, upon the approval and request of the commission, is hereby authorized to issue, administer, and enforce the provisions of marketing orders hereunder regulating producer marketing or the handling of agricultural commodities within this state. Marketing orders. (a) Whenever the Commissioner has reason to believe that the issuance of a marketing order, or amendments to an existing marketing order, will tend to effectuate the declared policy of this Act with respect to any agricultural commodity, he shall, either upon his own motion or upon the motion of any commission, or upon application of any producer of such commodity, or any organization of such persons, give due notice of, and an opportunity for, a public hearing upon a proposed marketing order or such amendments to such existing marketing order.

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(b) (1) Notice of any hearing called for such purpose shall be given by the Commissioner or commission by publishing a notice of such hearing for a period of not less than five (5) days in a newspaper of general circulation published in the capital of the state and in such other newspapers as the Commissioner may prescribe. No such public hearing shall be held prior to five (5) days after the last day of such period of publication. (2) The Commissioner or commission shall also mail a copy of such notice of hearing and a copy of such proposed marketing order, or proposed amendments, to all producers of such agricultural commodity whose names and addresses appear upon lists of such persons, on file in the Department of Agriculture, who may be directly affected by the provisions of such proposed marketing order or such proposed amendments. (3) Such notice of hearing shall in all respects comply with the requirements of the Administrative Procedure Act. (4) The hearing shall be public and all testimony shall be received under oath. A full and complete record of such proceedings at such hearing shall be made and maintained on file in the office of the Commissioner or commission. The hearing shall, in all respects, be conducted in accordance with the Administrative Procedure Act of Georgia. Hearings held thereunder may be conducted by the commission or by a member of the commission or the Commissioner as may be designated by the commission in each instance, but no decision shall be made based on hearings conducted other than by the commission itself, at which a majority of the members thereof are present, until the members of the commission have been afforded an opportunity to review the hearing record. Where the commission conducts hearings, its recommendation shall be based on the findings reached after a review of the record of the hearing. (c) (1) In order to provide the Commissioner or commission with accurate and reliable information, in the event such information is not then on file in the Department of

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Agriculture, with respect to the persons who may be directly affected by the provisions of any proposed marketing order for any agricultural commodity, the Commissioner or commission is hereby authorized and directed, whenever said Commissioner or commission has reason to believe that the issuance of a marketing order will tend to effectuate the declared policy of this Act or upon receipt of a written application for a hearing pursuant to subsection (a) of this Section 12, to notify all handlers of such agricultural commodity, by publication of a notice as hereinafter required, to file with the Commissioner or commission within ten (10) days from the last date of such publication a report, properly certified, showing: a. The correct name and address of such handler; b. The quantities of the agricultural commodity, affected by such proposed marketing order, handled by such handler in the marketing season next preceding the filing of such report; c. The correct names and addresses of all producers of such agricultural commodity, who may be directly affected by the provisions of such proposed marketing order, from whom such handler received such agricultural commodity in the marketing season next preceding the filing of such report; d. The quantities of such agricultural commodity received by such handler from each such producer in the marketing season next preceding the filing of such report. (2) Said notice to handlers requiring them to file said report shall be published by the Commissioner or commission for a period of not less than five (5) days in a newspaper of general circulation published in the capital of the state and in such other newspaper or newspapers as the Commissioner or commission may prescribe. The Commissioner or commission shall also mail a copy of such notice to file such report to all handlers of such agricultural commodity whose names and addresses appear

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upon the lists on file in the Department of Agriculture who may be directly affected by the provisions of such proposed marketing order. Each handler of such agricultural commodity, directly affected by the provisions of such proposed marketing order shall file such verified report with the Commissioner or commission within the time specified herein. Failure or refusal of any handler to file such report as herein specified shall not invalidate any proceeding taken or marketing order issued hereunder. The Commissioner or commission is authorized and directed to proceed upon the basis of such information and reports as may otherwise be available. (3) From such reports so filed and the information so received or available to the Commissioner or commission, including any proper corrections, the Commissioner or commission shall prepare a list of the names and addresses of such producers and the volume of such commodity produced or marketed by all such producers and a list of the names and addresses of such handlers and the volume of such commodity handled by all such handlers, directly affected by the provisions of such proposed marketing order, or amendments thereto, in the preceding marketing season. Such lists shall constitute complete and conclusive lists for use in any finding made by the Commissioner or commission pursuant to the provisions of Section 15 (a) hereof and such findings shall be conclusive. The information contained in the individual reports of handlers filed with the Commissioner or commission pursuant to the provisions of this section shall not be made public in such form but the information contained in such reports may be prepared in combined form for use by the Commissioner or commission, their agents, or other interested persons, in the formulation, administration and enforcement of a marketing order, or may be made available pursuant to court order, but shall not be made available to anyone for private purposes. Section 13. If upon the basis of the record of testimony and documentary evidence received at said hearing and

Page 777

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 recommend the promulgation of 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: Contents of marketing orders, 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 good quality of each grade of such commodity proportionate to normal market demand, and to prevent disruptive marketing practices likely to result in oversupply or scarcity creating unnecessarily inflated prices to consumers and handlers, depressed prices to producers, or salability of products 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 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.

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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 Commissioner or 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 of any combination thereof and for the expenditure of monies 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

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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 Act shall be and remain of full force and effect until repealed or modified by each such commission as herein provided. 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 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

Page 780

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 orders. Section 15. (a) No marketing order or major amendment thereto, directly affecting producers or producer marketing, issued pursuant to this Act, shall be made effective by the commission or Commissioner until it is found one or more of the following: (1) that such marketing order or amendment thereto has been assented to in writing by not less than sixty-five percent (65%) of the producers who are engaged, within the area specified in such marketing order or amendment thereto, in the production for market or engaged in such producer marketing, of not less than fifty-one percent (51%) of the agricultural commodity specified therein in commercial quantities, or (2) that such marketing order or amendment thereto has been assented to in writing by producers who produce not less than sixty-five percent (65%) of the volume of such agricultural commodity and by fifty-one percent (51%) of the total number of producers so engaged, or (3) that such marketing order or amendment thereto has been approved or favored by producers in a referendum among producers directly affected if the valid votes cast in such referendum in favor of such marketing order or amendment thereto represent not less than fifty-one percent (51%) of the total number of producers of said commodity of record with the department who marketed not less than fifty-one percent (51%) of the total quantity of said commodity marketed in the next preceding marketing season by said total number of producers of record with the department. Whenever any marketing order or any major amendment to any marketing order is issued by the commission, they shall determine whether

Page 781

assent, approval, or favor thereto of the producers shall be by written assents or by referendum. Requirements for marketing orders. If the Commissioner or commission determines that a referendum shall be had, the Commissioner or commission shall establish a referendum period of thirty (30) days. At the close of such referendum period, the Commissioner or commission shall count and tabulate the ballots filed during said period. If from such tabulation the Commissioner or commission finds that the number of producers voting in favor of such marketing order or amendment thereto is not less than fifty-one percent (51%) of the total number of producers of record with the department and that such producers who voted in favor of said marketing order or amendment thereto marketed not less than fifty-one percent (51%) of the total volume of such commodity marketed by all producers of record with the department during the marketing season next preceding such referendum the Commissioner or commission may make such marketing order or amendment thereto effective. The Commissioner and commission are authorized to prescribe such additional procedures as may be necessary to conduct such referendum. At a public hearing held to consider a proposed marketing order or major amendments to an existing marketing order which directly affects producers or producer marketing, the Commissioner or commission shall also receive testimony or evidence from which he or they can determine whether the assent, approval or favor of such producers shall be determined by written assents or by referendum as hereinabove prescribed. Upon the conclusion of any hearing which involves a marketing order or a major amendment thereto directly affecting producers or producer marketing, the Commissioner or commission shall make a finding, based upon testimony and evidence received, whether producer assent, approval or favor shall be determined by written assents or by referendum. If the Commissioner or commission finds that a referendum shall be had, he or they shall direct that a referendum be held in accordance with the provisions of subdivision (a) of this section. Any referendum or assent in writing to a marketing order under the provisions of paragraphs (3), (5), and (6) of section

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13 shall be held pursuant to the provisions of this Section and upon the approval thereof by two-thirds of those voting therein where the total vote cast thereon represents not less than 25% of those eligible to vote or where the total vote cast thereon represents not less than 25% of the total amount of the affected agricultural commodity, such marketing order may be declared by the commission to be approved. In the event of the failure of any proposed marketing order to be approved, no additional referendum shall be held during a period of twelve (12) months from the date of the close of the previous referendum period. (b) Subject to the provisions, restrictions and limitations imposed herein, the Commissioner or commission may issue marketing orders regulating producer marketing, the processing, distributing or handling in any manner of agricultural commodities by any and all persons engaged in such producer marketing, processing, distributing or handling of such agricultural commodities within this State. (c) Upon the recommendation of not less than three of the appointive members of the commission, the Commissioner or commission may make effective minor amendments to a marketing order. The Commissioner or commission may require a public hearing upon minor amendments if in his or their opinion the substance of such minor amendments so warrant; the Commissioner or commission shall, however, not be required to submit minor amendments for written assents or referendum approval. In making effective major amendments to a marketing order the Commissioner or commission shall follow the same procedures prescribed in this Act for the institution of a marketing order. For the purpose of this Act a major amendment to a marketing order shall include but not be limited to any amendment which adds to or deletes from any such marketing order any of the following types of regulations or authorizations:

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(1) Authority for 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 the State of Georgia. (2) Authority for the establishment of uniform grading and inspection of any agricultural commodity and the establishment of grading standards of quality, condition, size or pack of such commodity. (3) Authority for the establishment of plans for advertising and sales promotion of any agricultural commodity. (4) Authority to prohibit unfair trade practices. (5) Authority for carrying out research studies in the production, processing or distribution of any agricultural commodity. (6) Authority to increase an assessment rate beyond the maximum rate authorized by the marketing order in effect. (7) Authority to extend the application of the provisions of any marketing order to portions or uses of an agricultural commodity not previously subject to such provisions or to restrict or extend the application of such provisions upon the producers or handlers of such portions or uses of such commodity. Modification of any provisions of any marketing order in effect for the purpose of clarifying the meaning or application of such provisions or modifying administrative procedures for carrying out such provisions are hereby declared not to be a major amendment of such marketing order. (d) Upon issuance of any order making effective a marketing order, or any supension, amendment or termination thereof, a notice thereof shall be posted on a public bulletin board to be maintained by the Commissioner or commission in the office and a copy of such notice shall be published as the Commissioner or commission may prescribe. No

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marketing order or any suspension, amendment or termination thereof shall become effective until the termination of a period of five (5) days from the date of such posting and publication. It also shall be the duty of the Commissioner or commission to mail a copy of the notice of said issuance to all persons, directly affected by the terms of such marketing order, suspension, amendment or termination, whose names and addresses may be on file in the office of the Commissioner or commission and to every person who files in the office of the Commissioner or commission a written request for such notice. (e) The Commissioner or commission shall have power, consistent with this Act and in accordance with the provisions of marketing orders and agreements made effective hereunder, to establish such general rules and regulations for uniform application to all marketing orders issued hereunder as may be necessary to facilitate the administration and enforcement of such marketing orders. The provisions of paragraph (d) of this section relative to posting, publication, and time of taking effect shall be applicable to any such general rule or regulation established pursuant to this paragraph and applicable to marketing orders generally. Such notice shall be furnished by the Commissioner or commission for each marketing order in active operation. (f) Upon recommendation of the commission concerned, the Commissioner shall have power, consistent with this Act, to establish administrative rules and regulations for each marketing order issued and made effective as may be necessary to facilitate the supervision, administration and enforcement of each such order. The provisions of paragraph (d) of this section relative to posting, publication, mailing of notice and time of taking effect shall be applicable to any such administrative rules and regulations. (g) Upon recommendation of the commission concerned, the Commissioner may, without prior notice to and public hearing for the producers of the commodity directly affected, issue and make effective seasonal marketing regulations or modifications thereof; provided, that the marketing order concerned, made effective after due notice, public hearing

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and written assent as required by this Act, (1) provides for the issuance 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 Commissioner; 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 or agreement 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 Commissioner 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 as specified in the administrative rules and regulations made effective for such marketing order pursuant to paragraph (f) hereof. 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 subsection be interpreted liberally so that the Commissioner and commission may be enabled to carry out the marketing regulations and procedures authorized herein in a practical and effective manner. Intent. Section 16. (a) Unless extended as hereinafter provided, all marketing orders issued under the authority of this Act shall expire, terminate, and become of no force and effect at the expiration of three (3) years from the date of the issuance of the original marketing order, or if said marketing order has been extended, at the expiration of three (3) years after the date of any such extension. Expiration, etc., of marketing orders. (b) In the event any one of the following conditions is complied with, a marketing order shall be extended for a

Page 786

period of three (3) years after the date of its original expiration: (1) That such marketing order has been assented to in writing by not less than two-thirds of the producers participating. (2) That such marketing order has been approved or favored by producers in a referendum among producers directly affected if at least sixty-six and two-thirds percent (66 2/3%) of the votes cast in such referendum favor the extension of such marketing order. If the Commissioner or commission determines that a referendum shall be held, the Commissioner or commission shall establish a referendum period of thirty (30) days, said referendum period to terminate at least thirty (30) days prior to the expiration date of the marketing order which is the subject of said referendum. At the close of such referendum period, the Commissioner or commission shall count and tabulate the ballets cast during said period. If from such tabulation the Commissioner or commission finds that the number of producers voting in favor of the extension of such marketing order is not less than sixty-six and two-thirds percent (66 2/3%) of the total number of ballots cast, then such marketing order shall be extended for a period of three (3) years after the expiration date. If it is found from the tabulation of such referendum that the number of producers who had voted in favor of the extension of such marketing order is less than the required sixty-six and two-thirds percent (66 2/3%) of the total number of ballots cast, then said marketing order shall expire, terminate and be of no force and effect as heretofore provided. (c) All marketing orders which are in existence on the effective date of this Act shall automatically expire and terminate on the 30th day of April, 1971, unless extended as hereinbefore provided. Section 17. (a) For the purpose of providing funds to defray the necessary expenses incurred by the Commissioner

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or commission in the formulation, issuance, administration and enforcement of each marketing order issued hereunder, each such marketing order shall provide for the levying and collection of assessments in sufficient amounts to defray such expenses. Each marketing order shall indicate the maximum rate of any such assessment which may be collected and the proportion, if any, payable by each producer and handler directly regulated or affected by such marketing order. The commission in administering such marketing order shall adopt, from time to time, budgets to cover necessary expenses and the assessment rate necessary to provide sufficient funds. If the commission finds that each such budget and assessment rate are proper and equitable and will provide sufficient monies to defray the necessary expenses they may approve such budget and rate of assessment and order that each producer and handler so assessed shall pay to the Commissioner or commission, at such times and in such installments as the commission may prescribe, an assessment based upon the units in which such agricultural commodity is marketed, or upon any other uniform basis which the commission determines to be reasonable and equitable, but in amounts which in the case of producers will not exceed two and one-half percent (2%) of the gross dollar volume of sales, of the commodity affected, by all such producers, regulated by such marketing order or in amounts which in the case of processors, distributors or other handlers will not exceed two and one-half percent (2%) of the gross dollar volume of purchases of the commodity affected by the marketing order from producers or of the gross dollar volume of sales of the commodity affected by the marketing order and handled by all such processors, distributors or other handler regulated by such marketing order during the marketing season or seasons during which such marketing order is effective. Assessments, etc. (b) Each marketing order which authorizes carrying out advertising and sales promotion plans shall provide for the levying and collection of assessments in sufficient amounts to defray the expenses of such activities. Each such marketing order shall indicate the maximum rate of any such assessment and the proportion, if any, payable by each producer and handler directly regulated or affected by

Page 788

such marketing order. The commission shall adopt budgets to cover such expenses and the assessment rate necessary to provide sufficient funds. If the commission finds that each such budget and assessment rate are proper and equitable and will provide sufficient monies to defray such expenses they may approve such budget and approve and levy such assessment. Any assessments so established shall be based upon the units in which such agricultural commodity is marketed or upon any other uniform basis which the commission determines to be proper and equitable. Any assessment rates established hereunder shall be in amounts not to exceed four percent (4%) of the gross dollar volume of sales by all producers or by all processors, distributors or other handlers of such agricultural commodity regulated by such marketing order during the marketing season or seasons during which such marketing order is effective. (c) In lieu of the assessments to defray the costs of formulation, issuance, administration and enforcement and advertising or sales promotion provided for in paragraphs (a) and (b) hereof, if the marketing order contains provisions for advertising or sales promotion as authorized in this Act, the commission may approve and fix one assessment not exceeding six and one-half percent (6%) of the gross dollar volume of sales of such commodity by all producers, or by all processors, distributors or other handlers of such agricultural commodity regulated by such marketing order during the marketing season or seasons during which such marketing order is effective. The method and manner of assessment and collection thereof, and the limitations and restrictions applicable thereupon, shall conform in all respects with the provisions of paragraph (b) hereof, except as to the maximum amount of such assessment. In such case the commission shall approve the proportions of such assessments which may be expended to defray the costs of formulation, issuance, administration and enforcement of the marketing order and of such advertising or sales promotion program; provided, that, the proportion of such assessments which may be allocated in such manner to defray the cost of such administrative activities for such marketing order shall in no case exceed the maximum amount authorized in paragraph (a) of this section.

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(d) Until the effective date of the new marketing orders adopted and issued pursuant to this Act establishing assessments in accordance with this Act, not later than the 30th day of April, 1971, 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: (1) Upon producers of raw cow's 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 thirty (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 () per bushel of peaches intended for processing 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 (50) pounds of peaches shall be deemed the equivalent

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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 at Midnight, April 30, 1971, unless continued in accordance with provisions of this Act prior to that date. (e) In the event any commission of any marketing order has reason to believe that the administration of a marketing order will be facilitated or the attainment of the purposes and objectives of the marketing order will be promoted thereby, the commission is authorized to borrow money with or without interest to carry out any provision of any marketing order authorized by this chapter, and may hypothecate anticipated assessment collections applicable to such respective provisions. In lieu of requiring advance deposits for defraying administrative or advertising and sales promotion expenses until such time as sufficient monies are collected for such purposes from the payment of assessments established pursuant to Section 17 of this Act, the Commissioner is authorized to receive and disburse for such expense purposes contributions made by producers, processors, distributors or other handlers. Neither the commission nor the Commissioner shall be held responsible for the repayment of such contributions; provided, however, that whenever collections from the payment of established assessments credited

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to the respective marketing order accounts are sufficient to so warrant, the commission shall recommend and the Commissioner shall repay contributions or authorize the application of such contributions to the assessment obligations of persons who made such contributions. (f) Each and every handler of the agricultural commodities for which an assessment has been established by or pursuant to this Act shall, at the time of purchase of any such commodity from the producer thereof, collect from such producer the assessment established by or in accordance with this Act and remit same to the Commissioner for use of the commission for which the same was levied, and the liability of such handler under this Act shall not be discharged except upon receipt of said sums by the Commissioner. For the purpose of this subsection, to insure compliance with this section and for the administrative convenience of the Commissioner in enforcing payment and collection of such assessments, delivery by a producer to a handler for processing of any agricultural commodity upon which an assessment has been established shall be deemed a sale of such commodity within the meaning of this section and the assessment shall thereupon attach and become due, regardless of whether such 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. (g) 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

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the duty of each and every sheriff of this state and their lawful deputies upon the 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. (h) Any monies 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, 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 thirty (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. (i) Monies deposited by the Commissioner pursuant to this section, which the commission determines are available

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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. Provided, however, that all monies invested shall be invested in those areas of production that will provide a return at the highest bank interest rate available. It shall be the duty of the Commission to annually review these investments, and determine that the provisions of this section are complied with. Section 18. (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. (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 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 requirements 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. Area marketing orders, etc. Section 19. The following penalties, remedies, procedures and actions shall apply in instances of violations and complaints of violations of the provisions of this Act or of any marketing order or rules and regulations issued by the commission under the authority of this Act or any marketing order issued and effective thereunder: (a) Every person who violates any provision of this Act or any provision of any marketing order duly issued

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by any commission hereunder, shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished as provided by law. Penalties, remedies, etc. (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 ($500.00) 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 17 of this Act. Any monies recovered pursuant to this paragraph shall be deposited and disbursed in accordance with Section 17 (e) of this Act as other monies. (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 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.

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(d) If the Commissioner finds from said administrative hearing that a violation has occurred he shall so enter his findings and notify the parties to such complaint. In his discretion the Commissioner shall either refer the matter to the Attorney General for the institution of legal proceedings or he may notify such parties to cease and desist from further violation. Upon their refusal or failure to comply, or if he finds that the facts or circumstances warrant immediate prosecution, the Commissioner shall file a complaint with the Attorney General or any prosecuting attorney of this state requesting that such officer commence any or all actions authorized in this section against such respondent or respondents in a court of competent jurisdiction. (e) The Attorney General of this state shall upon complaint by the Commissioner or may, upon his own initiative, if, after examination of the complaint and evidence he believes a violation to have occurred, bring an action in the name of the Commissioner of this state in the Superior Court for civil penalties or for injunctive relief, including specific performance of any obligation imposed by a marketing order, or any rule or regulation issued hereunder, or both, against any person violating any provisions of this Act or of any marketing order or any rule or regulation duly issued by the Commissioner or commission hereunder. (f) If it appears to the court upon any application for a temporary restraining order, or upon the hearing of any order to show cause why a preliminary injunction should not be issued, or upon the hearing of any motion for a preliminary injunction, or if the court shall find, in any such action, that any defendant therein is violating, or has violated any provision of this Act, or of any marketing order, or any rule or regulation duly issued by the Commissioner hereunder, then the court shall enjoin the defendant from committing further violations, and may compel specific performance of any obligation imposed by a marketing order, or any rule or regulation issued by the Commissioner or commission hereunder. It shall not be necessary in such event to allege or prove lack of an adequate remedy at law.

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(g) In any suit brought by the Attorney General to enforce any of the provisions of this Act or of any marketing order issued by the Commissioner or commission and effective hereunder or of any rule or regulation issued by the Commissioner or commission pursuant to the provisions of any marketing order, the judgment, if in favor of the Commissioner, may provide that the defendant pay to the Commissioner or commission the costs incurred by the Commissioner or by the commission concerned with the administration of such marketing order in the prosecution of such action. (h) Whenever the use by a producer or handler of a particular emblem, label, certificate or other distinctive designation of grade, quality, or condition other than grade or other quality designations then in effect pursuant to state or federal grade standards is made contingent upon compliance with certain production or handling regulations authorized by the provisions of a marketing order issued and made effective hereunder, it shall be unlawful and a violation of this Act for any person, who is not participating in and complying with such order, or regulations to use such designation of grade, quality or condition. (i) It shall be a misdemeanor for: (1) Any person to wilfully render or furnish a false or fraudulent report, statement or record required pursuant to the provisions of this Act, or any marketing order effective thereunder; (2) Any person engaged in the handling or processing of any agricultural commodity or in the wholesale or retail trade thereof to fail or refuse to furnish upon request, information concerning the name and address of the persons from whom he has received an agricultural commodity regulated by a marketing order issued and in effect hereunder, and the quantity of such commodity so received. (j) The penalties and remedies prescribed in this section with respect to any violation mentioned in this section shall be concurrent and alternative and neither singly nor combined

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shall the same be exclusive and either singly or combined the same shall be cumulative with any and all other civil, criminal or alternative rights, remedies, forfeitures or penalties provided or allowed by law with respect to any such violation. (k) Any authorized inspector or other authorized person discharging his duties in the checking of compliance with the provisions of any marketing order made effective pursuant to this Act may enter during normal business hours and inspect any premises, enclosure, buildings or conveyance where he has reason to believe any agricultural commodity subject to a marketing order is produced, stored, being prepared for market or marketed, and inspect or cause to be inspected such representative samples of the commodity as may be necessary to determine whether or not any lot of said commodity is in compliance with applicable regulations of any marketing order made effective pursuant to the provisions of this Act. (l) Any authorized inspector or other authorized person in the discharge of his duties, if he has reason to believe that a lot of any agricultural commodity subject to a marketing order issued hereunder is not in compliance with the requirements of such marketing order, or of marketing rules and regulations issued pursuant thereto, as to quality, condition, size, maturity, pack, labeling or markings, may hold such lot for a reasonable period of time sufficient to enable such officer to ascertain by an authorized inspection whether such lot complies with such marketing requirements but in any event not to exceed twenty-four (24) hours in the case of perishables or seventy-two (72) hours in the case of nonperishables, except as hereinafter provided. Following inspection, such inspector or other authorized person may affix to any lot which is determined to be in non-compliance, an official notice, warning tag or other appropriate marking warning that the lot is held and stating the reasons therefor. It is unlawful for any person, other than an authorized inspector or enforcing officer, to detach, alter, deface or destroy any such official notice,

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warning tag or marking so affixed to any such lot or to remove or dispose of such lot in any manner or under conditions other than as prescribed in such notice of noncompliance except upon written permission of an authorized enforcing officer or by order of a court of competent jurisdiction. The Commissioner or the authorized person by whom such lot is being held, shall serve the person in possession of said lot with a notice of non-compliance. Such notice shall be served in person or by mail to the last known address of such person in possession. It shall be the duty of such person in possession to notify the owner of said lot or other persons having an interest therein, of the serving of such notice of non-compliance. Such notice of non-compliance shall include a description of the lot, the place where and the reasons for which it is held and shall cite the applicable marketing order or marketing rules and regulations and the section or sections thereof upon which said notice of non-compliance is based. The owner of said lot shall have, in the case of a perishable commodity not to exceed forty-eight (48) hours, and in the case of a nonperishable commodity not to exceed seventy-two (72) hours from the time of serving such notice of non-compliance for reconditioning or for the correction of the deficiencies noted in said notice of non-compliance. If such lot is reconditioned or the deficiencies corrected, the enforcing officer shall remove said warning tags or markings and release said lot for marketing; or with the consent of the owner of such lot the enforcing officer is hereby authorized to divert said lot to other lawful uses or to destroy such lot. (m) If the owner of such lot fails or refuses to give such consent, or if the lot has not been reconditioned or the deficiencies otherwise corrected so as to bring said lot into compliance within the time specified in the notice, then the enforcing officer shall proceed as provided hereinafter. The Commissioner may file a verified petition in the Superior Court of the county where the agricultural

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commodity is held or the county of the residence of the owner there, requesting permission to divert such lot to any other available lawful use or to destroy such lot. Such verified petition shall show the condition of the lot; that the lot is situated within the territorial jurisdiction of the court in which said petition is being filed or that the owner thereof resides within the jurisdiction of the court; that the lot is held, and the notice of non-compliance has been served as hereinbefore provided; that the lot has not been reconditioned as required; the name and address of the owner and the person in possession of said lot and that the owner has refused permission to divert or to destroy said lot. Upon the filing of such verified petition the court may issue an order to show cause returnable in five (5) days after service upon the owner why the lot shall not be reconditioned or the deficiencies corrected or why the lot shall not be diverted to other lawful uses or destroyed. The owner of said lot may, prior to the date when said order to show cause is returnable, either recondition or correct the deficiencies in said lot so as to bring said lot into compliance or may file at or before the hearing on said order an answer with the court showing why said lot shall not be reconditioned or the deficiencies corrected so as to bring it into compliance or showing why said lot should not be diverted to other lawful uses or destroyed. If at the expiration of the said period the owner of said lot has failed or refused to recondition or to correct the deficiencies so as to bring said lot into compliance the court may enter judgment ordering that said lot be reconditioned or diverted to any other lawful uses or destroyed in the manner directed by the court or relabeled, or denatured or otherwise processed, or sold or released upon such condition as the court in its discretion may impose, except that said lot may not be sold or released into the regular channels of trade. In the event of sale of any lot by order of court, the costs of storage, handling and reconditioning or disposal shall be deducted from the proceeds of sale and the balance, if any, paid into the court for the account of the owner of any such lot.

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(n) Disposal of any lot or portion of any lot pursuant to the provisions of this section whether such disposal be by arrangement with an enforcement officer or by court order shall not waive any of the penalty provisions of this Act. Section 20. The provisions of subsections (k), (l), (m), and (n) of Section 19 hereof shall apply to any lot of any agricultural commodity regulated by a marketing order wherever, or in whose possession, such lot may be in the marketing channels within the State of Georgia. Section 21. Any assessment herein levied or established in accordance with the provisions of this Act, in such specified amount as may be determined by the Commissioner or commission pursuant to the provisions of this Act shall constitute a personal debt of every person so assessed and shall be due and payable to the Commissioner when payment is called for by the Commissioner. In the event of failure of such person or persons to pay any such assessment upon the date determined by the Commissioner, the Commissioner may file a complaint against such person or persons in a court of competent jurisdiction for the collection thereof. Collection of assessments, etc. In the event any producer or handler duly assessed pursuant to the provisions of this Act fails to pay to the Commissioner the amount so assessed on or before the date specified by the Commissioner, the Commissioner is hereby authorized to add to such unpaid assessment an amount not exceeding ten percent (10%) of such unpaid assessment to defray the cost of enforcing the collection of such unpaid assessment. 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 percent (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

Page 801

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 monies received under this Act. Section 22. The members of any such commission including employees thereof, and the Commissioner shall not be held responsible individually in any way whatsoever to any producer, processor, distributor or other handler or any other person for errors in judgment, mistakes, or other acts, either of commission or omission, as principal, agent, person or employee, except for their own individual acts of dishonesty or crime. No such person or employee shall be held responsible individually for any act or omission of any other member of any such commission. The liability of the members of such board shall be several and not joint and no member shall be liable for the default of any other member. Commission members, etc., exemption from liability. Section 23. (a) The Commissioner may require any and all processors or distributors subject to the provisions of any marketing order issued pursuant to this Act, to maintain books and records reflecting their operations under said marketing order, and to furnish to the Commissioner, or his duly authorized or designated representatives such information as may be from time to time requested by them relating to operations under said marketing order, and to permit the inspection by said Commissioner or his duly authorized or designated representatives, of such portions of such books and records as relate to operations under said marketing order. (b) Information obtained by any person hereunder shall be confidential and shall not be by him disclosed to any other person save to a person with like right to obtain the same or any attorney employed to give legal advice thereupon, or by court order. Records, etc. (c) For the purpose of carrying out the purposes of this section, the Commissioner may hold hearings, take testimony, administer oaths, subpoena witnesses and issue subpoenas

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for the production of books, records or documents of any kind. Section 24. 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 uniformity and achieving the objectives of this Act. Information. Section 25. The provisions of this Act shall not be applicable to any retailer of agricultural commodities except to the extent that any retailer also engages in the processing or distribution of agricultural commodities as defined in this Act. Retailers exempt. Section 26. Any person who shall violate any provision of this Act, for which no penalty for the violation is specifically provided, shall be guilty of a misdemeanor and upon conviction thereof shall be punished as provided by law. Crimes. Section 27. Any person who shall handle funds under the provisions of this Act shall be bonded with the good and sufficient surety in an amount determined by the Commissioner for the accounting of any and all funds coming into his hands. Bonds. Section 28. In the event any section, subsection, paragraph, subparagraph, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional by any court, such adjudication shall in no manner affect the remaining provisions of this Act, 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

Page 803

known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Severability. Section 29. All laws and parts of laws in conflict with this Act are hereby repealed. The repeal of the Georgia Agricultural Commodities Promotion Act adopted in 1961 and subsequently amended shall in no way affect the validity of commissions now in existence or assessments heretofore levied and collected but it is the intention of this Act to ratify and confirm all actions taken pursuant to said Act. Intent, etc. Approved April 25, 1969. BUILDING AND LOAN ACT AMENDEDDEFINITIONS. Code Chapter 16 Amended. No. 559 (House Bill No. 629). An Act to amend the Building and Loan Act approved December 24, 1937 (Ga. L. 1937-38, Ex. Sess., pp. 307-322) as codified in Chapter 16 of the Code of Georgia Annotated, accumulative pocket parts, 1968 supplement, to provide that the terms shares, accounts, share accounts, and savings accounts shall be deemed to include, without limitation, deposits, savings deposits, deposit accounts and other similar terminology permitted by Federal law to Federal savings and loan associations to denote any portion of the capital of such associations; and to provide that the terms shareholders, holders of savings accounts, and holders of accounts shall include, without limitation, depositors, holders of deposit accounts, holders of savings deposits and holders of other similar evidences of invested capital in the association. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the same, that:

Page 804

Section 1. The Building and Loan Act approved December 24, 1937 (Ga. L. 1937-38, Ex. Sess., pp. 307-322) as heretofore amended, is hereby further amended to provide that wherever in said Act the terms shares, accounts share accounts and savings accounts are used, same shall be deemed to include, without limitation, deposits, savings deposits, deposit accounts and other similar terminology permitted by Federal law to Federal savings and loan associations to denote any portion of the capital of such associations. Section 2. Said Building and Loan Act, as heretofore amended, is hereby further amended to provide that wherever in said Act the terms shareholders, holders of savings accounts, and holders of accounts are used, same shall be deemed to include, without limitation, depositors, holders of deposit accounts, holders of savings deposits and holders of other similar evidences of invested capital in the association. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 25, 1969. INTERSTATE PURCHASE OF RIFLES AND SHOTGUNS REGULATED. No. 560 (House Bill No. 643). An Act to enable residents of Georgia to purchase in contiguous States, and residents of contiguous States to purchase in Georgia, rifles and shotguns provided such persons conform to applicable provisions of statutes and regulations of the United States, of the State of Georgia, and of the contiguous State; 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. Residents of the State of Georgia may purchase rifles and shotguns in any State contiguous to the

Page 805

State of Georgia, provided such residents conform to applicable provisions of statutes and regulations of the United States, of the State of Georgia, and of the contiguous State in which the purchase is made. Purchase by residents. Section 2. Residents of any State contiguous to the State of Georgia may purchase rifles and shotguns in the State of Georgia, provided such residents conform to applicable provisions of statutes and regulations of the United States, of the State of Georgia, and of the contiguous State in which such persons reside. Purchase by non-residents. Section 3. This Act shall become effective upon its approval by the Governor or upon its otherwise becoming law without his approval. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 25, 1969. HOSPITAL AUTHORITIES ACT AMENDED. Code 88-1805, 88-1820 Amended. No. 561 (House Bill No. 651). An Act to amend Code Chapter 88-18, relating to hospital authorities, as amended, particularly by an Act approved March 22, 1964 (Ga. L. 1964, Ex. Sess., p. 15), so as to authorize hospital authorities to establish and effectuate employment benefits and retirement plans, and to authorize the funding of same in whole or in part; to clarify the provisions authorizing investment of surplus moneys; to provide for severability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 88-18 relating to hospital authorities, as amended, particularly by an Act approved

Page 806

March 22, 1964 (Ga. L. 1964, Ex. Sess., p. 15), is hereby amended by adding at the end of Code section 88-1805, relating to functions and powers of hospital authorities, the following paragraph: Hospital authorities shall also have the power to select, appoint and employ officers, agents and employees, including engineering, architectural and construction experts, accountants and attorneys, and fix their compensation, to establish employment benefits and retirement plans and trusts, funded in whole or in part or unfunded, and notwithstanding any other provisions of this Act to enter into contracts and trust indentures incident to such employment benefits and retirement plans, with such insurance, investment provisions, and other appropriate terms and conditions as determined by the Authority. Employment contracts. Section 2. Said Code Chapter is further amended by striking Code Section 88-1820 in its entirety and inserting in lieu thereof a new Code Section 88-1820, to read as follows: 88-1820. Investment of surplus moneys. The several hospital Authorities created by and under this Chapter are hereby authorized and empowered to invest all moneys, or any part thereof received by them through the issuance and sale of revenue certificates of the Authorities pending use for the purpose for which received, in any security or securities which are legal investments or which are provided for in the trust indenture securing said certificates; provided, however, that such investments in such securities will at all times be held for, and when sold, used for the purposes for which the money was originally received and no other. Contributions or gifts received by any Authority shall be invested as provided by the terms of the contribution or gift or in the absence thereof as determined by the Authority. Section 3. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged to be invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences,

Page 807

clauses or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional was not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Severability. Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 25, 1969. URBAN REDEVELOPMENT LAW AMENDEDAPPLICABLE TO CERTAIN COUNTIES (150,000-500,000). No. 562 (House Bill No. 694). An Act to amend an Act known as the Urban Redevelopment Law, approved March 3, 1955 (Ga. L. 1955, p. 354), as amended, so as to provide that in counties having a population of 150,000 and not more than 500,000 according to the 1960 United States Decennial Census, or any future such census, the term municipality used in said Act shall also mean County; and to provide further that in any such county all powers, privileges, duties and immunities now or heretofore granted to municipalities under said Act are hereby granted to every such county; to provide that in any such county the term local governing body shall mean the Board of Commissioners or the governing authority of any such county; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

Page 808

Section 1. An Act known as the Urban Redevelopment Law, approved March 3, 1955 (Ga. L. 1955, p. 354), is hereby amended by striking in its entirety subsection (b) of section 19 and inserting in lieu thereof a new subsection (b) to read as follows: (b) `municipality' shall mean any incorporated city or town in the State, and, in addition, any county having a population of not less than 150,000 and not more than 500,000, according to the 1960 Federal Decennial Census, or any future such census. Municipality defined. Section 2. Said Act is further amended by striking in its entirety subsection (d) of section 19 and inserting in lieu thereof a new subsection (d), to read as follows: (d) `Local governing body' shall mean the council or other legislative body charged with governing the municipality, and, in addition, the Board of Commissioners or governing authority of any counties having a population of not less than 150,000 and not more than 500,000 according to the 1960 Federal Decennial Census or any future such census. Local governing body. Section 3. Said Act is further amended by striking the unnumbered paragraph added to said Act by an Act approved March 4, 1966 (Ga. L. 1966, p. 157), in section 3 thereof, and inserting in lieu thereof the following new paragraph: All powers, privileges, duties or immunities now or heretofore granted to municipalities by the Urban Redevelopment Law, and all Acts amendatory thereof, are hereby granted to and conferred upon every county of this State having a population of 150,000 and not more than 500,000 according to the 1960 United States Census or any future such census. Intent. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 25, 1969.

Page 809

CRIMESPUNISHMENT FOR CAPITAL OFFENSES. Code 26-3102 Amended. No. 563 (House Bill No. 717). An Act to amend an Act revising, classifying, consolidating and superseding the laws relating to crimes and the punishment therefor, and establishing new laws relating thereto, and providing for a new Criminal Code, approved April 10, 1968 (Ga. L. 1968, p. 1249), so as to provide that Code section 26-3102 shall not affect a sentence when the case is tried without a jury or when the judge accepts a plea of guilty; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act revising, classifying, consolidating and superseding the laws relating to crimes and the punishment therefor, and establishing new laws relating thereto, and providing for a new Criminal Code, approved April 10, 1968 (Ga. L. 1968, p. 1249), is hereby amended by adding to Code section 26-3102, relating to sentencing in capital offenses, which Code section is quoted in section 1 of said Act, the following: The provisions of this section shall not affect a sentence when the case is tried without a jury or when the judge accepts a plea of guilty., so that when so amended Code section 26-3102 shall read as follows: 26-3102. Capital Offenses Jury verdict and sentence. Where, upon a trial by jury, a person is convicted of an offense which may be punishable by death, a sentence of death shall not be imposed unless the jury verdict includes a recommendation that such sentence be imposed. Where a recommendation of death is made, the court shall sentence the defendant to death. Where a sentence of death is not recommended by the jury, the court shall sentence

Page 810

the defendant to imprisonment as provided by law. Unless the jury trying the case recommends the death sentence in its verdict, the court shall not sentence the defendant to death. The provisions of this section shall not affect a sentence when the case is tried without a jury or when the judge accepts a plea of guilty. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 25, 1969. CRIMESARMED ROBBERY. Code 26-1902 Amended. No. 564 (House Bill No. 719). An Act to amend an Act revising, classifying, consolidating and superseding the laws relating to crimes and the punishment therefor, and establishing new laws relating thereto, and providing for a new Criminal Code, approved April 10, 1968 (Ga.L. 1968, p. 1249), so as to change the penalty for the offense of armed robbery; to provide that robbery by intimidation is a lesser included offense in the offense of armed robbery; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act revising, classifying, consolidating and superseding the laws relating to crimes and the punishment therefor, and establishing new laws relating thereto, and providing for a new Criminal Code, approved April 10, 1968 (Ga. L. 1968, p. 1249), is hereby amended by striking Code section 26-1902, relating to armed robbery, which Code section is quoted in section 1 of said Act, in its entirety and inserting in lieu thereof a new Code section 26-1902, to read as follows: 26-1902. Armed Robbery. A person commits armed robbery

Page 811

when, with intent to commit theft, he takes property of another from the person or the immediate presence of another by use of an offensive weapon. The offense robbery by intimidation shall be a lesser included offense in the offense of armed robbery. A person convicted of armed robbery shall be punished by death or imprisonment for life, or by imprisonment for not less than one nor more than twenty (20) years. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 25, 1969. MINIMUM FOUNDATION PROGRAM OF EDUCATION ACT AMENDEDEXPENDITURES FOR SCHOOL LUNCH PURPOSES. No. 566 (House Bill No. 785). 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 authorize the expenditure of certain funds for school lunch purposes; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Minimum Foundation Program of Education Act, approved January 24, 1964 (Ga. L. 1964, p. 3), as amended, is hereby amended by striking section 29 in its entirety and inserting in lieu thereof a new section 29, to read as follows: Section 29. Amount of Funds Needed for School Lunch Program. The State Board of Education shall annually determine the amount of funds needed for the purpose of administering the school lunch program. The State Board may, by regulation, provide for certifying and classifying school lunch supervisors and managers and establish training programs for such personnel. The State Board of Education

Page 812

is hereby authorized to provide for the payment of operating costs of school lunchrooms, State supplements to the salaries paid such personnel by local units of administration and State incentive pay for satisfactory completion of such training programs. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 25, 1969. GAME AND FISH COMMISSION ACT AMENDED. No. 568 (House Bill No. 838). 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, particularly by an Act approved March 3, 1962 (Ga. L. 1962, p. 477), an Act approved April 15, 1965 (Ga. L. 1965, p. 662), and by an Act approved March 29, 1968 (Ga. L. 1968, p. 497), so as to change a certain definition; to change the provisions relating to the meetings of the Commission; to provide how a vacancy may occur on the Commission; to change the provisions relating to appropriations to the Commission; to authorize the Commission to accept grants and donations; to change the provisions relating to the use of baskets for taking rough fish; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act completely and exhaustively revising, superseding and consolidating the laws relating to the State Game and Fish Commission, approved March 7, 1955 (Ga. L. 1955, p. 483), as amended, particularly by an Act approved March 3, 1962 (Ga. L. 1962, p. 477), an Act approved April 15, 1965 (Ga. L. 1965, p. 662), and by an Act

Page 813

approved March 29, 1968 (Ga. L. 1968, p. 497), is hereby amended by striking paragraph (4) of section 2 in its entirety and substituting in lieu thereof a new paragraph (4) of section 2 to read as follows: (4) `Hunt' or `hunting' shall mean pursuing, shooting, killing or capturing wildlife or 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. Hunt and hunting defined. Section 2. Said Act is further amended by striking in its entirety section 7 and substituting in lieu thereof the following: 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 regular meetings at least once every 60 days and may hold not more than six (6) special or called meetings in any one calendar year. Six members of the Commission shall constitute a quorum. A special or called 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, twenty-five 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. In the event any member of the Commission shall fail to attend three consecutive

Page 814

meetings of the Commission, or shall fail to attend at least six meetings within any 12-month period, such member shall be deemed to have abandoned his position on the Commission, and a vacancy shall exist therein. Chairman, etc. Section 3. Said Act is further amended by striking section 8 in its entirety and substituting in lieu thereof a new section 8 to read as follows: Section 8. All funds resulting from the operation of the State Game and Fish Commission and from the administration of the laws and regulations pertaining to wildlife and to the State Game and Fish Commission, excluding fines, but including all license fees and other income (except that income provided for hereinafter), shall be paid into the general fund of the State Treasury, and each year, at least such amount shall be appropriated to the Game and Fish Commission. Funds. The State Game and Fish Commission is hereby authorized to accept grants and donations (either monetary, or real or personal property) for the purpose of creating and maintaining natural resources conservation camps in the State. Any donation or grant so received, and any income therefrom, or any income derived from the operation of any said camps, shall be held and maintained by the said Commission for the exclusive use and benefit of each of said camps. The Commission is authorized and directed to promulgate reasonable rules and regulations respecting the operation of said camps. Grants, etc. Section 4. Said Act is further amended by striking from subsection (a) of section 87 the following: Rough fish may be taken by the use of the above mentioned baskets in artificial impoundments, and the streams and lakes of any county in the State having a population of not less than 12,000 nor more than 12,100 according to the 1960 decennial census or any future census., so that when so amended, paragraph (a) of section 87 shall read as follows: (a) Baskets may not be used to take fish in the waters of this State except as provided hereinafter. Baskets may

Page 815

be used to take only rough fish in artificial impoundments and in the streams and waters east of (on the ocean side) the center line of the Seaboard Air Line Railway main line tracks in Chatham, Bryan, Liberty, McIntosh, Glynn and Camden counties. Baskets may also be used to take any fish in private lakes and private ponds. The Commission shall promulgate rules and regulations prescribing the type and size of baskets which may be used as herein prescribed, except that any type and size of basket may be used to take fish in private lakes and private ponds. Taking of rough fish. Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 25, 1969. PRACTICE AND PROCEDUREBONDS IN PUBLIC LAWSUITS. No. 569 (House Bill No. 866). An Act to authorize any court of competent jurisdiction to require the posting of a bond, with surety approved by the court, by a party or parties seeking, in any public lawsuit, to declare invalid, enjoin, or prevent the financing, constructing, improving, or leasing, or the planning of such financing, constructing, improving, or leasing, of any public improvement, project, or facility or the creation, organization, or formation of any political subdivision; to define certain terms; to provide for the expeditious hearing and determination of such lawsuits; to limit judicial jurisdiction of such lawsuits; to repeal conflicting laws; and for other purposes. Whereas, the planning, financing, constructing, and improving of public projects and facilities may be delayed

Page 816

by the filing of non-meritorious or frivolous litigation resulting in increased costs of a project or total loss of a project due to increased construction costs or increased costs of financing, all to the detriment, inconvenience, or expense, of the State of Georgia and the political subdivisions, public corporations and authorities thereof and of the residents and taxpayers thereof. Now, therefore, in order to protect the public from financial damage due to non-meritorious or frivolous litigation. Be it enacted by the General Assembly of Georgia: Section 1. Definitions. As used in this Act the following terms shall have the following meanings: (a) Political subdivision shall mean the State or any local subdivision of the State or public instrumentality or public corporate body created by or under authority of State law, including, but not limited to, municipalities, counties, school districts, special taxing districts, conservation districts, authorities, and any other State or local public instrumentality or corporation which has the right to sue and be sued or to issue its bonds or other obligations as evidence of indebtedness under any provision of law and shall also mean any corporate or other entity which leases a public improvement to such political subdivision, and such term shall also include the governing body of such political subdivision and its members and officers in their official capacity. (b) Public lawsuit shall mean any action whereby the validity, reasonability, soundness, location, wisdom, feasibility, extent, or character of construction, improvement, financing, or leasing of any public improvement, project, or facility by any political subdivision, as owner or as lessee, is questioned directly or indirectly, including, but not limited to, suits for declaratory judgments or injunctions or interventions to declare invalid or to enjoin or to prevent such construction, improvement, financing, or leasing as lessor or as lessee, and shall mean any action to prevent or

Page 817

declare invalid or enjoin the creation, organization, or formation of any such political subdivision. This definition as used in this Act, shall not be construed to broaden any right of action as is now validly limited by applicable law. Section 2. Hearing. At any time prior to the final determination of a public lawsuit in the trial court or on appeal, any political subdivision which is a party to such suit may petition for an order of the court that the opposing party or parties or intervenors be dismissed unless such opposing party or parties or intervenors shall post a bond with surety to be approved by the court payable to the moving party for the payment of all damages and costs which may accrue by reason of such opposition or intervention in the event the moving party prevails. The moving party shall obtain from a judge of said court an order requiring such opposing party or parties or intervenors to appear at such time and place within twenty days from the filing of such petition as such judge may direct and to show cause, if any exists, why the prayers of such petition should not be granted. Such petition and order shall be served in the manner provided by law for the service of orders and pleadings subsequent to the original complaint. If, at the hearing of such petition on such order to show cause, the court determines that it is in the public interest to do so, the court shall set the amount of bond to be filed by such opposing party or parties or intervenors in an amount found by the court to cover all damage and costs which may accrue to such political subdivision by reason of such opposition or intervention in the event such political subdivision prevails. In the event such bond is not filed by such opposing party or parties or intervenors with surety approved by the court within ten days after such order is entered, such opposing party or parties or intervenors shall be dismissed by operation of law. Either such opposing party or parties or intervenors or such political subdivision may appeal such order under the procedure provided by law in cases of injunction. The appellate court may stay the lower court order pending its own decision, may set a bond to be filed by such opposing party or parties or intervenors in connection therewith, may modify the order of the lower court or may enter its order as a final order

Page 818

in the case. In the event no bond is filed as provided in this Section, such opposing party or parties or intervenors shall be dismissed by operation of law and, upon final determination of said cause, no court shall have further jurisdiction of any suit involving any issue which was or could have been raised therein. Section 3. Expeditious Determination. The trial of a public lawsuit, the hearing of any appeal therefrom, and the determination of such lawsuit and appeal shall be advanced by the trial court and by the appellate court respectively, without request of any party, as expeditiously as is reasonably possible. Section 4. Limitation of Jurisdiction. After a public lawsuit is commenced, no other lawsuit relating to the same subject matter shall be commenced, and no trial court shall have jurisdiction of any such subsequent lawsuit. This provision, however, shall not diminish any right of intervention of any person or the right of any person to become a named party in a public lawsuit, and nothing herein contained shall be construed as adversely affecting the constitutional rights of any citizen or taxpayer. Section 5. Severability. If any section, provision, clause, phrase, word, sentence, or paragraph of this Act or the application thereof to any person or circumstance is invalid, such invalidity shall not affect the other provisions or applications of this Act which can be given effect without the invalid provision or application, and, to this end, the provisions of this Act are declared to be severable. Section 6. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 25, 1969.

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DRIVER RESPONSIBILITY LAW AMENDED. No. 570 (House Bill No. 877). An Act to amend an Act providing for the giving of security by owners and operators of certain motor vehicles approved February 21, 1951 (Ga. L. 1951, p. 565), as amended, particularly by an Act approved March 9, 1956 (Ga. L. 1956, p. 543), an Act approved April 12, 1963 (Ga. L. 1963, p. 593), and an Act approved March 4, 1964 (Ga. L. 1964, p. 225), so as to authorize the Director of the Department of Public Safety to charge for status reports given concerning certain records processed by the Department of Public Safety; to provide that when proof of financial responsibility is required by said Act the financial responsibility shall be maintained for certain periods of time after the reinstatement of the licenses; to change the period of time for which proof of financial responsibility must be maintained; to delete the requirement for a minimum deposit of security to be filed with the Director; to provide for the circumstances under which the security on deposit with the Director shall be disposed of; to provide for an additional suspension of the driver's licenses for persons who drive while their license is suspended, revoked or cancelled; to clarify the meaning of financial responsibility under certain conditions; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for the giving of security by owners and operators of certain motor vehicles approved February 21, 1951 (Ga. L. 1951, p. 565), as amended, particularly by an Act approved March 9, 1956 (Ga. L. 1956, p. 543), an Act approved April 12, 1963 (Ga. L. 1963, p. 593), and an Act approved March 4, 1964 (Ga. L. 1964, p. 225), is hereby amended by adding the following paragraph to section 3: The Director is authorized to charge an appropriate fee, which shall not exceed the actual cost to the Department,

Page 820

for providing status reports concerning accident records processed by the Department and actions taken pursuant thereto by the Department under the provisions of this Act., so that when so amended section 3 shall read as follows: Section 3. Director to furnish operating record. The Director shall upon request furnish any person a certified abstract of the operating record of any person subject to the provisions of this Act, which abstract shall also fully designate the motor vehicles, if any, registered in the name of such person, and, if there shall be no record of any conviction of such person of violating any law relating to the operation of a motor vehicle or of any injury or damage caused by such person, the Director shall so certify. The Director is authorized to charge an appropriate fee, which shall not exceed the actual cost to the Department, for providing status reports concerning accident records processed by the Department and actions taken pursuant thereto by the Department under the provisions of this Act. Section 2. Said Act is further amended by striking the following phrase, and unless such operator or owner or both shall give and maintain proof of financial responsibility, as it appears at the end of the first sentence of subsection (a) of Section 5 and substituting in lieu thereof the following phrase, and unless such operator or owner shall give proof of financial responsibility for the future as is required in section 15 of this Act, so that when so amended subsection (a) of Section 5 shall read as follows: Section 5 (a). Security and Financial Responsibility Required Unless Evidence of Insurance When Security

Page 821

DeterminedSuspensionExceptions. Not less than thirty days after receipt by him of the report or notice of an accident which has resulted in bodily injury or death, or in damage to the property of any one person to an extent of $100.00 or more, the Director shall suspend the license and all registration certificates and all registration plates of the operator and owner of any motor vehicle in any manner involved in the accident unless or until the operator and owner has previously furnished or immediately furnishes security, sufficient in the judgment of the Director to satisfy any judgments for damages or injuries resulting from the accident as may be recovered against the operator or owner by or on behalf of any person aggrieved or his legal representative, but in no event in any amount less than the combined amount of damages, both personal and property injury, sworn to in the report or notice of the accident filed by the aggrieved party, and unless such operator or owner shall give proof of financial responsibility for the future as is required in Section 15 of this Act. If the operator or owner is a nonresident, the suspension shall apply to the privilege of operation or use of motor vehicles within this State. The Director shall not apply the provisions of this Section against a resident of this State involved in an accident with a nonresident of this State when the damage is less than three hundred dollars except upon the written request of any party in interest. An adjudication or discharge in bankruptcy shall not relieve the operator or owner from furnishing security as provided herein or from the other provisions of this Act. Section 3. Said Act is further amended by striking in its entirety subparagraph 1 of section 7 and substituting in lieu thereof a new subparagraph 1 to read as follows: 1. Such person shall deposit and file or there shall be deposited and filed on his behalf the security and proof of financial responsibility for the future as required by this Act; or, and by striking from subparagraph 2 of section 7 the words Three years and substituting in lieu thereof the words

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One year, and by striking from subparagraph 3 of section 7 the following: but in no event in an amount less than four hundred dollars, and such person files proof of financial responsibility, or three years, and substituting in lieu thereof the following: and such person files proof of financial responsibility for the future as required in section 15, or one year, so that when so amended section 7 shall read as follows: Section 7. Duration of Suspension The license and registration and nonresident's operating privilege suspended as provided in Section 5 shall remain so suspended and shall not be renewed nor shall any such license or registration be issued to such person until: 1. Such person shall deposit and file or there shall be deposited and filed on his behalf the security and proof of financial responsibility for the future as required by this Act; or 2. One year shall have elapsed following the date of such suspension and evidence satisfactory to the Director has been filed with him, during such period no action for damages arising out of the accident has been instituted; or 3. Evidence satisfactory to the Director has been filed with him of a release from liability, or a final adjudication of nonliability, or a duly acknowledged written agreement, in accordance with subdivision 4 of Section 6; provided, however, in the event there shall be any default in the payment of any installment under any duly acknowledged written agreement, then, upon notice of such default, the Director shall forthwith suspend the license and registration of nonresident's operating privilege of such person defaulting which shall not be restored unless and until (1) such person deposits and thereafter maintains security as required under Section 5 in such amount as the Director may then determine, and such person files proof of financial

Page 823

responsibility for the future as required by Section 15, or (2) one year shall have elapsed following the date when such security and proof of financial responsibility was required and during such period no action upon such agreement has been instituted in this State. Section 4. Said Act is further amended by adding at the end of section 10 the following paragraph: Upon receiving a certificate from the clerk of any court wherein a judgment has been obtained against the person on whose behalf the deposit was made, which certificate shall set forth the parties to the litigation, time, place and date of the accident, the fact that the judgment is unsatisfied of record and that the time for appeal has expired, it shall be the duty of the Director to immediately transmit to the clerk of said court any cash security held by the Department to be applied to the satisfaction of said judgment and any accured interest and court costs. Any additional security over and above the amount required to satisfy the foregoing shall be returned by the Director to the depositor. Satisfaction of judgments. Section 5. Said Act is further amended by adding following section 14 a new section to be numbered section 14A and to read as follows: Section 14A . Upon conviction, plea of guilty or forfeiture of bond or plea of nolo contendere of any person by or in any court for the offense of driving while his license is suspended, revoked or cancelled, the license of such person and the registration certificate and license plate of the motor vehicle operated by said person at the time the offense was committed, shall be suspended for an additional period of six (6) months by the Director and shall not be reinstated during such suspension period. If such person is not the owner of the motor vehicle operated by said person, the owner of such motor vehicle may avoid the suspension of the registration certificate and license plate by filing an affidavit with the Director setting forth the fact that such owner had no knowledge of the license of

Page 824

said operator being suspended, revoked or cancelled at the time said person was operating the motor vehicle. Driving while license suspended. Section 6. Said Act is further amended by inserting between the words responsibility and is as they appear in the first sentence of section 16 the following: for the future, so that when so amended section 16 shall read as follows: Section 16. Reinstatement of Licenses and Registration; Fee Whenever a license or registration is suspended or revoked and the filing of proof of financial responsibility for the future is made a prerequisite of reinstatement to such licenses or registrations or both, or to the issuance of a new license or registration or both, no such license or registration shall be reinstated or a new license or registration issued unless the licensee, or registrant, in addition to complying with the other provisions of this Chapter, pays to the commissioner a fee of $10.00. Only one such fee shall be paid by any person irrespective of the number of licenses and registrations to be reinstated or issued to such person. The fees paid pursuant to this Section shall be expendable receipts to be used only by the Director toward the cost of administering the provisions of this Chapter. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 25, 1969. CLAIMS ADVISORY BOARDFILING OF REPORTS BY STATE AGENCIES AND DEPARTMENTS. No. 571 (House Bill No. 906). An Act to amend an Act creating the Claims Advisory Board, approved April 12, 1963 (Ga. L. 1963, p. 624), as amended by an Act approved April 12, 1965 (Ga. L. 1965, p. 653), and an Act approved April 12, 1965 (Ga. L. 1965, p. 655), so as to provide that it shall be the duty of each

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State department and agency to file a notice of possibility of claim; to provide that said notice, if filed within the proper time limitation, shall be sufficient as a notice of claim; 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 Claims Advisory Board, approved April 12, 1963 (Ga. L. 1963, p. 624), as amended by an Act approved April 12, 1965 (Ga. L. 1965, p. 653), and an Act approved April 12, 1965 (Ga. L. 1965, p. 655), is hereby amended by adding a new section to be known as section 2A to read as follows: Section 2A. It shall be the duty of each State department and agency to file with the Claims Advisory Board a notice of possibility of claim covering any occurrence which would be the subject of a notice of claim as provided in section 2. Such notice of possibility of claim shall be filed on forms provided by the Claims Advisory Board and furnished to each State department and agency upon request. It shall be the duty of each State department and agency to file such notice of possibility of claim within 30 days after the date of any such occurrence. If filed within the same time limitations provided relative to the filing of notices of claim as provided in section 2, such notice of possibility of claim shall be sufficient for action to be taken thereon, and the fact that no notice of claim has been filed within the time provided shall not prevent the introduction of a resolution and action thereon as provided in this Act. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 25, 1969.

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GEORGIA STATE SCHOLARSHIP COMMISSION ACT AMENDEDUSE OF PROPERTY, ETC. RECEIVED FROM PRIVATE SOURCES. No. 572 (House Bill No. 953). An Act to amend an Act creating the Georgia State Scholarship Commission, approved March 12, 1965 (Ga. L. 1965, p. 210), as amended, particularly by an Act approved April 14, 1966 (Ga. L. 1966, p. 465), so as to authorize the Commission to use and administer any interest in real, personal or intangible property, money or anything else of value received from any private source for the purpose of establishing any form of student aid program in accordance with such terms and conditions as may be agreed upon between the Commission and such private source; 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, particularly by an Act approved April 14, 1966 (Ga. L. 1966, p. 465), is hereby amended by adding a new subparagraph (g) in section 8 of said Act, to read as follows: (g) The Commission may accept, use and administer any interest in real, personal or intangible property, money or anything else of value received from any private source for the purpose of establishing any form of student aid program in accordance with such terms and conditions as may be agreed upon between the Commission and such private source. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 25, 1969.

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GEORGIA HIGHER EDUCATION ASSISTANCE CORPORATIONCONTRACTS. No. 573 (House Bill No. 954). 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), an Act approved April 14, 1967 (Ga. L. 1967, p. 644), and an Act approved March 26, 1968 (Ga. L. 1968, p. 386), so as to authorize the Corporation to enter into contracts for the purpose of rendering any type of assistance or any service that may be deemed necessary or desirable to promote the student loan program throughout the State; to repeal conflicting laws; and for other purposes. 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), an Act approved April 14, 1967 (Ga. L. 1967, p. 644), and an Act approved March 26, 1968 (Ga. L. 1968, p. 386), is hereby amended by adding a new subsection (14) at the end of section 5 to read as follows: (14) The Corporation is authorized to enter into contracts with lending institutions eligible to participate in the student loan program, institutions authorized to invest in guaranteed student loan obligations, educational institutions, any public or private persons, firms, organizations, associations or corporations, and any agency, department or instrumentality of State or Federal Government, for the purpose of rendering any type of assistance or any service that may be deemed necessary or desirable to promote the student loan program throughout the State and more effectively extend the benefits of the program to all residents of Georgia.

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 25, 1969. NORTH GEORGIA MOUNTAINS AUTHORITY ACT AMENDED. No. 574 (House Bill No. 1010). An Act to amend an Act creating the North Georgia Mountains Authority, approved March 14, 1968 (Ga. L. 1968, p. 297), so as to further define the term project, as used in said Act; to further define the term cost of project, as used in said Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the North Georgia Mountains Authority, approved March 14, 1968 (Ga. L. 1968, p. 297), is hereby amended by adding to the end of subsection (b) of section 2 the following: The acquisition, construction, equipping and maintenance of housing accommodations, classrooms, laboratories, experimental and other facilities to be utilized in the establishment, operation and maintenance of the Georgia Recreation Experiment Station, which shall be located in White County, Georgia and which shall have as its principal purposes experimentation and research in the recreational uses and the preservation of the natural resources of the State, and which shall also develop and implement programs of instruction as to such uses and preservation for the public, for persons employed in the management of public parks or recreation areas and for persons employed in or seeking employment in, the outdoor recreation-tourist industry. Projects. Section 2. Said Act is further amended by striking subsection (c) of section 2 and inserting in lieu thereof a new subsection (c), to read as follows:

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(c) Cost of Project The cost of acquisition of properties or the use thereof, both real and personal, and the cost of construction, remodeling, erection, establishment, maintenance, repair and equipping of classrooms, laboratories, housing, accommodations, tourist and recreational facilities, experimental and other facilities necessary to the operation and maintenance of the Georgia Recreation Experiment Station, 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 specifications, as well as expenses incurred for feasibility or practicability studies. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 25, 1969. EMPLOYEES' RETIREMENT SYSTEM ACT AMENDEDMEMBERS APPOINTED OR ELECTED TO OFFICE AS JUDGE OF THE SUPERIOR COURT OR DISTRICT ATTORNEY. No. 576 (House Bill No. 186). An Act to amend an Act establishing the Employees Retirement System of Georgia, approved February 3, 1949 (Ga. L. 1949, p. 138), as amended, so as to provide that certain persons appointed or elected a Judge of the Superior Court or District Attorney (formerly Solicitor General) of any Judicial Circuit, now or hereafter created in the State of Georgia, who at the time of his appointment or election is a member of the Employees Retirement System of Georgia, shall as a matter of right be entitled to continue his membership in said system; to provide the procedure connected therewith; 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 establishing the Employees Retirement System of Georgia, approved February 3, 1949 (Ga. L. 1949, p. 138), as amended, is hereby amended by adding a new subsection to section 3 to be known as subsection (13), to read as follows: (13) The provisions of this or any other law to the contrary notwithstanding, commencing April 1, 1969, and thereafter, any person appointed or elected a Judge of the Superior Court or District Attorney (formerly Solicitor General) of any Judicial Circuit, now or hereafter created in the State of Georgia, who at the time of his appointment or election is a member of the `Employees Retirement System of Georgia', shall as a matter of right be entitled to continue his membership in the `Employees Retirement System of Georgia'. All rights, credits and funds in said retirement system which are possessed by any such person at the time of his appointment or election shall be continued in force, and it is the intention of the General Assembly that any such person shall not lose any rights, credits or funds to which such person was entitled prior to his appointment or election. Any such member shall be entitled to all rights and benefits afforded to members of the `Employees Retirement System of Georgia' to which such person was entitled at the time of his appointment or election and to all rights and benefits acquired subsequent to his appointment or election as Judge or District Attorney (formerly Solicitor General). Any person continuing his membership in the `Employees Retirement System of Georgia', as provided by this subsection, shall within thirty (30) days after his appointment or election as a Judge of the Superior Court or as a District Attorney (formerly Solicitor General) notify the Executive Secretary of the `Employees Retirement System of Georgia' and the State Treasurer of his election to continue as a member of the `Employees Retirement System of Georgia'. Upon making such election and giving the notice herein required, such person shall not be required to make contributions to any funds relating to Judges of the Superior Courts Emeritus or to any funds relating to District Attorney Emeritus (formerly Solicitor General Emeritus) nor shall

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such person be eligible to be appointed Judge of the Superior Courts Emeritus or District Attorney Emeritus (formerly Solicitor General Emeritus). Upon making such election, such Judge or District Attorney (formerly Solicitor General) shall not be required to become a member of or make contributions to the Trial Judges and Solicitors Retirement Fund created pursuant to the Act approved March 11, 1968 (Ga. L. 1968, p. 259). Employee contributions, including contributions for retirement allowances, survivors benefits and Social Security coverage, of members referred to in this subsection shall be deducted by the State Treasurer from the compensation paid by the State to such members and to remit same to the `Employees Retirement System of Georgia'. The State Treasurer is hereby authorized and directed to pay from the funds appropriated or otherwise made available for the operation of the Judicial Branch of Government of this State the required employer contributions, including contributions for retirement allowances, survivors benefits and Social Security coverage, as such contributions relate to compensation paid by the State and to remit same to the `Employees Retirement System of Georgia'. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 28, 1969. DOGSRESPONSIBILITY OF OWNERS, RIGHTS OF OTHERS, ETC. No. 577 (House Bill No. 225). An Act to prohibit the intentional dumping or leaving of a dead dog on private or public property; to prohibit any person from releasing any dog with the intention of abandoning the animal; to provide for liability of the owner or custodian of any dog which causes damage to

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any domestic animal or fowl; to prohibit cruel acts to dogs; to prohibit harming, maiming, or killing any dog; to provide that any person may kill any dog which is causing damage to person or property without civil or criminal liability; to provide for the confinement of female dogs in heat; to provide penalties; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. No person shall intentionally dump or leave a dead dog on any private property belonging to another unless the person so doing shall have first obtained permission from the owner of the property on which the dog is being dumped or left. Dead dogs. Section 2. No person shall dump or leave a dead dog on any public property, or public right-of-way, unless the place in which the dog is being dumped or left is a public dump or other facility designed for receiving such, and has been designated by the local governmental authorities as a public facility for receiving trash or refuse. Same. Section 3. No person shall release a dog on any property, public or private, with the intention of abandoning the animal. Abandoning dogs. Section 4. The owner, or if no owner can be found, the custodian exercising care and control over any dog which goes upon the land of another and causes injury, death or damage directly or indirectly to any domestic animal which is normally and usually described as livestock or fowl, shall be civilly liable to the owner of the domestic animal or fowl, for damages, death or injury caused by the dog. The liability of the owner or custodian of the dog shall include consequential damages. Damage done by dogs. The provisions in this Section are to be considered cumulative of other remedies provided by law. There is no intent to do away with or limit other causes of action which might inure to the owner of any domestic animal or fowl.

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Section 5. No person shall perform a cruel act on any dog, nor shall any person harm, maim, or kill any dog, or attempt to do so, except that a person may defend his person or property, or the person or property of another, from injury or damage being caused by a dog; to this end, any person may kill any dog observed causing injury to any person or damage to any domestic animal or fowl. The method used for killing the dog shall be designed to accomplish the desired end as humanely as is possible under the circumstances. There shall be no liability incurred by a person humanely killing any dog under these circumstances. This section shall not be construed to limit, in any way, the authority or duty of any law enforcement officer, dog or rabies control officer, or humane society or veterinarian. Killing of dogs. Section 6. No owner or custodian of any female dog in heat shall permit such a dog to roam or run free beyond the limits of his property; the owner or custodian shall cause the dog to be confined within the limits of his property until it is no longer in heat. Female dogs in heat. Section 7. Any person violating any provision of this Act shall be guilty of a misdemeanor and punished accordingly. Crimes. Section 8. This Act shall become effective when approved by the Governor or when it otherwise becomes law. Effective date. Section 9. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 28, 1969.

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GEORGIA HEALTH CODE AMENDEDRABIES CONTROL. Code Chapter 88-15 Amended. No. 578 (House Bill No. 226). An Act to amend Code Chapter 88-15, relating to the control of rabies, so as to require each county board of health to adopt and promulgate rules and regulations for the prevention and control of rabies; to provide for the mandatory regulation and licensing of animals; to require the county boards of health to promulgate rules and regulations requiring canines to be innoculated against rabies; to provide that dogs shall be required to wear collars or harnesses which shall have attached a number tag; to provide for a rabies control officer; to provide for fees and the collection thereof; to provide for joint execution of this 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. Code Chapter 88-15, relating to the control of rabies, is hereby amended by adding in section 88-1501 the words and required after the word empowered, so that when so amended section 88-1501 shall read as follows: 88-1501. Primary responsibility for the control of rabies within each county is hereby declared to rest upon each county board of health. Such boards, in addition to their other powers, are hereby empowered and required to adopt and promulgate rules and regulations for the prevention and control of said disease. Control of rabies. Section 2. Said Code Chapter is further amended by adding in code section 88-1503 the words and required after the word authorized, so that when so amended section 88-1503 shall read as follows: 88-1503. The governing authorities of each county and municipality are authorized and required, in the control of rabies, to require regulation or licensing of animals. Duties of counties.

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Section 3. Said Code Chapter is further amended by adding in Code section 88-1505 the words and required after the word empowered, so that when so amended Code section 88-1505 shall read as follows: 88-1505. The county boards of health are empowered and required to adopt and promulgate rules and regulations requiring canines to be innoculated against rabies; to prescribe the intervals and means of innoculation; the fees to be paid in county-sponsored clinics; and all procedures applicable thereto. Whenever used in this Chapter, the term `innoculation against rabies' shall mean the administering of antirabies vaccine approved by the Department of Health and administered by a licensed veterinarian. Innoculation of canines. Section 4. Said Code Chapter is further amended by adding to the end of Code section 88-1506 the following: The numbered tag so issued shall be attached to a collar or harness which shall be worn by the dog at all times while he is roaming or running free. so that when so amended, Code section 88-1506 shall read as follows: The Department of Health shall prepare and distribute, free of charge, forms for use in certifying to innoculation and numbered tags for distribution in accordance with policies and procedures approved by the Director. The numbered tag so issued shall be attached to a collar or harness which shall be worn by the dog at all times while he is roaming or running free. License tags. Section 5. Said Code Chapter is further amended by inserting between sections 88-1506 and 88-1507 a new Code section to be designated as 88-1506A, to read as follows: 88-1506A. (1) The county board of health shall appoint a person who is knowledgeable of animals to be the county rabies control officer. It shall be the duty of the county rabies control officer to enforce the provisions of this Code

Page 836

Chapter and other Acts of the General Assembly which regulate the activities of dogs. Rabies control officers, etc. (2) The county governing authorities of each county are hereby authorized to levy a fee not to exceed 50 cents for each dog, such fee to be collected by the veterinarian administering the anti-rabies vaccine required by this Act. This fee shall be in addition to that provided for in Code section 88-1505. Provided, however, if any county has no resident veterinarian, the out-of-county veterinarian administering the antirabies vaccine and collecting the fee provided for by this section shall forward to the treasurer of the county of the dog owner's residence the fee prescribed by that county's governing authority. The fees so collected shall be used to help in paying the salary of the county rabies control officer. Section 6. Said Code Chapter is further amended by inerting between Code sections 88-1506A and 88-1507 a new Code section to be designated as 88-1506B, to read as follows: 88-1506B. The governing authorities of each county may devise and implement plans whereby the provisions of this Chapter, as amended, are executed jointly with one or more adjoining counties. Joint action by counties. Section 7. This Act shall not apply to municipalities which already have a Rabies Control Act unless said Act is abolished in the future. Municipalities. Section 8. The provisions of this Act shall become effective on July 1, 1970. Effective date. Section 9. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 28, 1969.

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GEORGIA HEALTH CODE AMENDEDTRANSFER OF MENTALLY ILL GEORGIA RESIDENTS FROM OUT OF STATE HOSPITALS. Code 88-524 Enacted. No. 580 (House Bill No. 263). An Act to amend Code Title 88 known as the Georgia Health Code, approved March 18, 1964 (Ga. L. 1964, p. 499), as amended, so as to provide a procedure whereby a patient who is a legal resident of Georgia and who is hospitalized in a mental hospital in another State may be transferred to a hospital in Georgia; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Title 88 known as the Georgia Health Code, approved March 18, 1964 (Ga. L. 1964, p. 499), as amended, is hereby amended by adding a new section to be designated as Code section 88-524 to read as follows: 88-524. Upon application to the Department of Public Health by a parent, spouse, next of kin, or guardian, or by an agency of another State in which the patient is hospitalized, such patient shall be eligible to be hospitalized in the State of Georgia if found by the Georgia Department of Public Health to be a legal resident of Georgia. The Department of Public Health shall designate a hospital to which such patient will be transported at no expense to the State of Georgia. The superintendent of such hospital and the next of kin or guardian of the patient shall be notified of this action. The superintendent shall be authorized to hospitalize the patient for a period not to exceed five (5) days unless prior to the expiration of such period (a) the patient shall have voluntarily agreed to hospitalization or (b) involuntary proceedings have been instituted under this Chapter. After a thorough physical and mental examination has been made by the medical staff of such hospital, the superintendent of the hospital or his designee is hereby authorized to sign an application for involuntary hospitalization

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if this be necessary. Such application shall be forwarded to the Court of Ordinary of the county in which that hospital is located for action as outlined in 88-506. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 28, 1969. EDUCATIONATTENDANCE RECORDS OF STUDENTS, SCHOOL CENSUS, ETC. Code Title 32 Amended. No. 581 (House Bill No. 271). An Act to amend Code Title 32, relating to education, as amended, so as to provide that the daily attendance records of pupils may be compiled in Central Records Offices from daily reports of teachers; to provide that the school census shall be taken quadrennially; to amend an Act relating to school attendance, approved March 8, 1945 (Ga. L. 1945, p. 343), as amended, so as to provide for certifying the daily records of attendance by the teacher making the record; 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 Title 32, relating to education, as amended, is hereby amended by striking Code section 32-914 in its entirety and inserting in lieu thereof an new Code section 32-914 to read as follows: 32-914. Reports by teachers. It shall be the duty of teachers to make and file with school officials designated by the county, independent or area superintendent of schools records of attendance of pupils. Such records shall be compiled in Central Records Offices or in the place designated by the county or independent city system board of education

Page 839

from daily reports of the teachers or such records may be maintained in registers or by other means as may be provided for by the State Board of Education. Until all required reports shall have been filed by a teacher, it shall not be lawful for the county superintendent of schools to audit the accounts of said teachers for their services. Section 2. Said Code Title is further amended by striking Code section 32-1020 in its entirety and inserting in lieu thereof a new Code section 32-1020 to read as follows: 32-1020. Duties of teachers. Each teacher shall keep an accurate account of the number of pupils entering the school room and the number of days of actual attendance. For this purpose, the teacher shall be provided with a register by the local school authorities or she may be provided with forms on which to make daily reports of attendance through the principal to a Central Records Office where accumulated records are maintained. It shall not be legal to make the final salary payment to any teacher until all required reports have been made. Section 3. Said Code Title is further amended by striking Code section 32-1601 in its entirety and inserting in lieu thereof a new Code section 32-1601 to read as follows: Section 32-1601. Duty of the State Board of Education to adopt rules and regulations for school census; cost of census. It shall be the duty of the State Board of Education to take or have taken a quadrennial census of school age children. The cost of taking and keeping the census shall be a legitimate item in the budget and shall be paid out of state funds. The State Board of Education shall have authority to adopt such rules and regulations as it deems necessary to maintain the school census between enumerations on a current basis. If any parent, guardian, or other person refuses to give any properly authorized census-taker, teacher, school principal, or other school official charged with the duty of obtaining the school census in any county or independent school system the necessary information to enable such person to obtain an accurate and correct census, or shall knowingly and willfully make any false statement to any

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person duly authorized to take the school census of any county or independent system, he shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than twenty-five dollars or by confinement not to exceed thirty days or by both fine and confinement, in such manner as the court shall direct. Section 4. An Act relating to school attendance approved March 8, 1945 (Ga. L. 1945, p. 343), as amended, is hereby amended by striking section 9 in its entirety and inserting in lieu thereof a new section 9 to read as follows: Section 9. Visiting teachers and attendance officers shall receive the cooperation and assistance of all teachers and principals of public and private schools in the county or independent school systems within which they are appointed to serve. It shall be the duty of the principals or local school site administrators and of the teachers of all schoolspublic, private, denominational or parochialto report, in writing, to the visiting teacher or attendance officer of the county or of the independent school system, the names, ages, and residences of all pupils in attendance at their school and classes within thirty (30) days after the beginning of the school term or terms, and to make such other reports of attendance in their schools or classes as may be required by rule or regulation of the State Board of Education. All schools shall keep daily records of attendance verified by the teachers certifying such records. Such reports shall be open to inspection by the visiting teacher, attendance officer, or duly authorized representative at any time during the school day. Any person violating any provision of this Section or of the rules and regulations of the State Board of Education relating to compulsory school attendance previously published one time in the official education journal of the State shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by a fine not to exceed one hundred ($100) dollars. Assistance to visiting teachers, etc. Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date.

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Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 28, 1969. CODE 592-4101 THROUGH 92-4104 NOT APPLICABLE TO CITY OF TOCCOA. Code 92-4101 Amended. No. 584 (House Bill No. 325). An Act to amend Code section 92-4101, relating to the limitation upon the ad valorem tax rate of municipal corporations, as amended, so as to provide that such limitations shall not apply to the City of Toccoa; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 92-4101, relating to the limitation upon the ad valorem tax rate of municipal corporations, as amended, is hereby amended by adding at the end thereof the following: Toccoa. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Local Legislation. Notice is hereby given based upon the request of the City Commission of the City of Toccoa, Georgia, the undersigned as a Representative of the Twelfth District intends to apply to the General Assembly of Georgia at the January, 1959 Session thereof for the passage of a bill of local application exempting the City of Toccoa and the City Commission of the City of Toccoa, Georgia, from the provisions of Sections 92-4101, 92-4102, 92-4103, and 92-4104 of the Code

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of Georgia, 1933 and the several Acts amendatory thereof limiting certain municipalities in the State of Georgia to an ad valorem tax for ordinary purposes not in excess of five mills. This 6th day of January, 1969. Don C. Moore, Representative, Twelfth District. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Don C. Moore who, on oath, deposes and says that he is Representative from the 12th District, and that the attached copy of notice of intention to introduce local legislation was published in The Toccoa Record which is the official organ of Stephens County, on the following dates: January 9, 16, 23, 1969. /s/ Don C. Moore Representative, 12th District. Sworn to and subscribed before me, this 10th day of February, 1969. /s/ Pamela A. Little, Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved April 28, 1969. MAINTENANCE OF STATE AID ROADS IN MUNICIPALITIES. No. 585 (House Bill No. 347). An Act to amend an Act providing that the construction and maintenance of portions of the State-aid system of

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roads lying within the corporate limits of municipalities shall be the responsibility of the State Highway Board, approved April 5, 1961 (Ga. L. 1961, p. 469), so as to delete the provision limiting the amount required to be expended by said Board for the maintenance of State-aid roads within the corporate limits of municipalities having a population of more than 33,000, according to the latest census; so as to specify certain maintenance activities required of State Highway 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 construction and maintenance of portions of the State-aid system of roads lying within the corporate limits of municipalities shall be the responsibility of the State Highway Board, approved April 5, 1961 (Ga. L. 1961, p. 469), is hereby amended by striking the last sentence of section 3 which reads as follows: Provided, however, that the State Highway Board shall not be required to expend for the maintenance of State-aid roads within the corporate limits of any municipality having a population of more than 33,000, according to the 1960 or any future census, in any year, a sum greater than the average cost per mile expended for maintenance of State-aid roads in municipalities having populations of 33,000 or less, according to the 1960 or any future census, in the same year., Repealed. so that when so amended, section 3 shall read as follows: Section 3. The State Highway Department on all streets and highways lying within the corporate limits of municipalities which are or shall become a part of the State-aid System of Roads shall be required to provide only the following maintenance activities and operations: reconstruction and major resurfacing; erecting and maintaining official State Highway Department signs; paint striping and pavement delineators; purchasing and furnishing guardrails and bridge rails; reconstruction of bridges and other heavy

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or substantial maintenance activities. The cost of said maintenance is to be paid out of the funds allocated annually to the State Highway Department. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 28, 1969. SUPERIOR COURTSEXPENSES IN CERTAIN COUNTIES (13,275-13,600). No. 589 (House Bill No. 419). An Act to authorize the governing authorities of certain counties to make payments toward the cost of office expenses of the judges of certain superior courts; to authorize said governing authorities to make payments toward the compensation of certain court personnel; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The governing authorities of all counties in this State having a population of not less than 13,275 nor more than 13,600, according to the 1960 U. S. decennial census or any such future census, are authorized to pay the sum of $50.00 per month to the senior judge of the superior court of the judicial circuit in which such counties are located, to be applied by such judge toward meeting the costs of the office expenses of the judges of the superior courts in such circuits. Said governing authorities are also authorized to pay the sum of $50.00 per month to the executive secretary and calendar clerks to the judges of the superior courts of the judicial circuit in which such counties are located as a part of their compensation for their services as such. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 28, 1969.

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OGLETHORPE COUNTY SUPERIOR COURTTERMS. No. 605 (House Bill No. 518). An Act to change the terms of the Superior Court of Oglethorpe County; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The terms of the Superior Court of Oglethorpe County shall commence on the first Monday in November and the third Monday in April. Terms. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 28, 1969. REVENUEDISTRIBUTION OF FUNDS TO COUNTIES FOR ROAD PURPOSES. Code 92-1404 Amended. No. 609 (House Bill No. 557). An Act to amend subsection (G) of Code section 92-1404, relating to the distribution of funds to counties for the construction and maintenance of public roads, as amended, so as to provide for the time of submission of certificates of accumulation of funds and proof of deposit or investment of such funds; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1. Subsection (G) of Code section 92-1404, relating to the distribution of funds to counties for the construction and maintenance of public roads, as amended, is hereby amended by inserting in the proviso thereto between the phrases shall certify at the time of the submission of its audit, and that it is accumulating such funds, the words or within a reasonable time subsequent thereto, so that when so amended said subsection (G) of Code section 92-1404 shall read as follows: (G) The governing authority of each county shall submit to the State Auditor a copy of its regular annual audit not later than six months after the end of the year for which such audit was made. The State Auditor shall compare the amount of funds distributed to each county in such year under the provisions of this section against the amount of funds expended by each county in such year for the purposes authorized by this section. In the event the State Auditor determines that the amount so expended is less than the amount distributed, he shall certify such amount to the State Treasurer who shall deduct and withhold the certified amount from the next funds to be distributed to such offending county under this Section; provided, however, that in the event a county expending less than the amount distributed to it shall certify at the time of the submission of its audit or within a reasonable time subsequent thereto, that it is accumulating such funds for a specified allowable purpose and submit proof of the deposit or investment of such funds, then such county will be deemed to have complied with the requirements of this subsection (G) except that the amount of such funds shall be added to the amount of funds distributed to such county in the next succeeding year or years for the purpose of making the comparison and determination provided for herein. Upon certification by the State Auditor to the State Treasurer that the audit required by this subsection from any county has not been received, the State Treasurer shall not distribute any further funds under this section to such offending county until the State Auditor shall again certify to the State Treasurer that the delinquent audit has been filed. It shall be the duty of the State Auditor to make such certification when no audit is received or when a delinquent audit is received. In the event

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any county is not now having a regular annual audit made of its funds, the State Treasurer shall not distribute any further funds under this section to such county until an audit has been made and submitted to the State Auditor. Upon the request of the Governor or the Director of the State Highway Department, the State Auditor is authorized to audit the books and records of each county to verify the accuracy of the report so filed with him and to insure that the expenditure of such funds has been made for the purposes intended. The above procedure shall apply to any grants to counties under any provision of law from motor fuel tax funds. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 28, 1969. COUNTIES AND MUNICIPALITIESREGISTRATION, ETC., OF MOBILE HOMES. No. 611 (House Bill No. 573). An Act to authorize the governing authority of each county and municipality to require a permit prior to a mobile home or relocatable home intended to be used as a residence being located within such county or municipality; to authorize such governing authorities to require a permit prior to such a mobile home or relocatable home being moved beyond the confines of such municipality or county or within such county or municipality; to provide that no fee may be charged for any permit required in this Act; to provide for preparing and checking of returns of mobile homes or relocatable homes for tax purposes; to authorize such governing authorities to provide appropriate

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penalties for the violation of any such ordinance or resolution; to authorize such governing authorities to provide for the registration of such mobile homes or relocatable homes as are presently located within their respective jurisdiction; to provide the procedures connected therewith; to provide for certain exceptions; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The governing authority of each county and municipality in this State is authorized and empowered to provide by appropriate ordinances or resolutions for the procedures whereby the owner of a mobile home or relocatable home shall be required to obtain from such governing authority a permit authorizing the location within the respective confines of any such county or municipality a mobile home or relocatable home intended to be used by the owner thereof as a residence. Such governing authorities are also empowered to require from the owner of a mobile home or relocatable home used as a residence a permit authorizing the relocation of such mobile home or relocatable home within the county or municipality or beyond the confines of such municipality or county prior to such vehicle being permitted to be so relocated. Each permit shall be issued by such governing authority upon request by the owner if all applicabe taxes have been paid. Permits. Section 2. No such governing authority may charge any fee for any permit which may be required by this Act. Fees. Section 3. It is the intent of this Act to assist governing authorities in accurately preparing and checking the returns of mobile or relocatable homes, for tax purposes, and this Act shall in no way modify or affect existing zoning ordinances or laws. Such governing authorities are also authorized and empowered to provide appropriate penalties for the failure of any person to comply with the ordinances or resolutions adopted pursuant to the authority of this Act. Intent. Section 4. Such governing authorities are also empowered to require that owners of mobile homes or relocatable

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homes used as residences which are presently located within their respective jurisdictions must register such mobile homes or relocatable homes with such governing authorities and obtain a registration certificate. No fee may be charged for such registration and certificate. Registration. Section 5. Such governing authorities are empowered to exercise such additional powers and duties as are necessary to effectuate the purposes of this Act. Powers. Section 6. Nothing contained within this Act shall apply to any city or county charging a license, permit or registration fee for mobile homes on the effective date of this Act unless such county or city shall elect to come within the provisions of this Act. Intent. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 28, 1969. ACT PROVIDING FOR SUSPENSION OF MOTOR VEHICLE OPERATORS LICENSES AMENDED. No. 615 (House Bill No. 603). An Act to amend an Act establishing a violation point system for the assessment of points for various moving traffic violations for the purpose of suspending driver licenses, approved March 7, 1968 (Ga. L. 1968, p. 430), so as to change the provisions relating to the removal of points from the record; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Said Act is further amended by striking from section 9 the following words: and at all times prior thereto,

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so that when so amended section 9 shall read as follows: 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 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. Section 2. The provisions of this Act shall become effective on May 1, 1969. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 28, 1969. CHATTAHOOCHEE JUDICIAL CIRCUITADDITIONAL JUDGE OF SUPERIOR COURT. No. 616 (House Bill No. 613). An Act to provide for an additional judge of the superior court of the Chattahoochee 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.

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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, effective January 1, 1970, a new judge of the superior courts is hereby added to the Chattahoochee Judicial Circuit, thereby increasing to three the number of judges of said circuit. Office created. Section 2. Such additional judge shall be initially appointed by the Governor to take office on January 1, 1970, for a term ending on December 31, 1970, and until his successor is elected and qualified. Thereafter, beginning with the general election to be held in 1970, the additional judge shall be elected for a term 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. First appointment 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 three 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 judges of such circuit. Powers, duties, etc. Section 4. The three 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 three judges, in transacting the business of the superior courts of said circuit and in performing their

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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. Senior judges, 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 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 three judges of the Chattahoochee 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. Notice is hereby given of the intention of the undersigned to apply for the passage of a Bill in the 1969 session of the General Assembly of Georgia, providing for an additional judge of the superior courts of the Chattahoochee Judicial Circuit, which Bill shall provide for the initial appointment and subsequent election of such judge and fix the terms of such office, his powers, duties, compensation, division and allocation of work and duties; provide for a presiding judge and an additional court reporter for said circuit; the procedure connected with the foregoing; to repeal conflicting laws, and for other purposes. Georgia, Fulton County. Personally before me appeared Roscoe Thompson, who after being duly sworn, says that he is the author of the attached bill, and that the notice attached hereto has been

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published in the newspapers in which sheriffs' advertisements are published in each of the counties comprising the Chattahoochee Judicial Circuit once a week for three weeks, during a period of sixty days immediately preceding its introduction into the General Assembly of Georgia. /s/ Roscoe Thompson. Sworn to and subscribed before me, this 24th day of February, 1969. /s/ Pamela A. Little, Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved April 28, 1969. STATE BOARD OF EXAMINERS OF PLUMBING CONTRACTORS ACT AMENDED. No. 617 (House Bill No. 653). An Act to amend an Act creating the State Board of Examiners of Plumbing Contractors, approved March 15, 1968 (Ga. L. 1968, p. 308), so as to provide that those persons who are currently and efficiently engaged in the vocation of plumber shall not have to take the examination required by this Act if satisfactory evidence as to qualifications is presented to and accepted by the board on or before October 15, 1969; to change certain provisions in said Act to clarify that the Joint Secretary of the State Examining Boards shall act as secretary to the State Board of Examiners of Plumbing Contractors; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the State Board of Examiners of Plumbing Contractors, approved March 15, 1968

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(Ga. L. 1968, p. 308), 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. Each of the members of said Board shall take an oath of office before the Governor that he will faithfully perform the duties of his office. The Joint Secretary of the State Examining Board shall be the secretary of said Board, and he 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 the State Board of Examiners of Plumbing Contractors, and he shall send out all notices, and do such things as may be required by said Board and which are authorized by Code Chapter 84-1. No monies shall be withdrawn from 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. Oath, joint secretary, etc. Section 2. Said Act is further amended by striking section 6 in its entirety and inserting in lieu thereof a new section 6 which shall read as follows: Section 6. On or before October 15, 1969, each individual who wishes to qualify as a Master or Contracting Plumber shall make application to take the examination herein provided for, or, within the same period, shall furnish satisfactory evidence (such as a current business license 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 eighteen (18) months. Each individual so qualifying shall pay to said Board the fee prescribed for applicants for examinations for qualification. Each individual who furnishes satisfactory evidence as to his qualifications on or before October 15, 1969, shall not have to take the examination required herein in order to be issued a license. The decision of the Board as to the qualifications of each said applicant shall be conclusive, in the absence of fraud. Each individual desiring to engage in said vocation after October 15, 1969,

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shall take the examination and qualify under this Act before engaging in said vocation or business. Examinations, exemptions, etc. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 28, 1969. STATE DIVISION OF CONSERVATIONOFFICE TO ADMINISTER FEDERAL FUNDS AUTHORIZED. No. 620 (House Bill No. 684). An Act to authorize the creation of an office, within the State Division of Conservation, to administer in Georgia, any funds available to the State, its departments, agencies, boards, bureaus, and its political subdivisions pursuant to the United States Land and Water Conservation Fund Act of 1965; to authorize the establishment of a certain fund; to provide for personnel; to provide duties, powers, and responsibilities for said office; to authorize the use of State funds under certain conditions; to prescribe such conditions; to provide for all matters relative to the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Commissioner of Conservation, with the approval of the Governor, is hereby authorized to implement the United States Land and Water Conservation Fund Act of 1965, by creating within the State Division of Conservation, an office to administer the Federal funds available to the State, its departments, agencies, boards, bureaus and political subdivisions. Authorized. Section 2. The Commissioner of Conservation, with the approval of the Governor, is hereby authorized to establish a fund to be known as the State Assistance Fund which may be used to match Federal, city and county funds to acquire

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lands for recreational purposes and to improve, expand, develop or construct outdoor recreation facilities. Such fund cannot be used to finance more than 25% of the total cost of each local project for such purpose, and each local authority improving, expanding, developing or constructing such local outdoor recreation facilities shall be required to finance at least 25% of the total cost of each such project before any State funds can be utilized. No State funds shall be available to such local units unless such projects shall be approved by the Federal Government. State assistance fund. Section 3. The office created by the Commissioner of Conservation under section 1 of this Act, shall be considered as the State agency authorized to deal with the Secretary of the Interior pursuant to the requirements of section 5 (d) of the Land and Water Conservation Fund Act of 1965, and in this respect, the Commissioner of Conservation, with the approval of the Governor, is hereby authorized to appoint personnel for said office, establish the compensation for such personnel, and set out the powers, duties, and authority of such office and the personnel therein. State agency. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 28, 1969. AGRICULTUREREGISTRATION OF HATCHERY OPERATORS AND DEALERS. No. 621 (House Bill No. 697). An Act to amend an Act promoting and regulating the poultry industry, approved February 1, 1946 (Ga. L. 1946, p. 147), so as to change the method of registration for hatchery operators and dealers; 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 promoting and regulating the poultry industry, approved February 1, 1946 (Ga. L. 1946, p. 147), is hereby amended by striking the first paragraph of section 3 in its entirety and inserting in lieu thereof a new first paragraph of section 3 to read as follows: Every person, firm or corporation who operates a hatchery, or dealer, shall first register and secure a permanent license from the Commissioner of Agriculture. The fee for such permanent license shall be fixed by the Commissioner of Agriculture in an amount not to exceed $10.00 for each hatchery, dealer or branch. The license shall be conspicuously displayed in each place of business. The license shall not be transferable. When any condition is revealed to exist which is not in strict accord with the provisions of this Act, the license may be revoked or suspended by the Commissioner of Agriculture, in his discretion. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 28, 1969. CRIMINAL CODE OF GEORGIA AMENDED. Code Title 26 Amended. No. 622 (House Bill No. 722). An Act to amend an Act revising, classifying, consolidating and superseding the laws relating to crimes and the punishment therefor, and establishing new laws relating thereto, and providing for a new Criminal Code, approved April 10, 1968 (Ga. L. 1968, p. 1249), so as to make certain technical clarifications therein relating to the substitution of said Act for previous Title 26 of the Code of Georgia of 1933; to make certain grammatical and spelling corrections; to provide for the crime of criminal possession of an incendiary and to prescribe the punishment for such crime; to provide for the crime of criminal trespass and to prescribe the punishment for such crime; to

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provide for the crimes of forgery in the first degree and forgery in the second degree and to prescribe the punishment for each of the above crimes; to provide for the crime of improper solicitation of money and to prescribe the punishment for such crime; to provide for the crime of motor vehicle theft and the crime of the theft of motor vehicle parts or components and to prescribe the punishment for each of the above crimes; to provide for a procedure for determining the sentence of persons convicted of each of the above such crimes; to provide for the crime of conversion of leased personal property and to prescribe the punishment for such crime; to provide for the crime of inciting to insurrection and to prescribe the punishment for such crime; to provide for the crime of false report of a crime and to prescribe the punishment for such crime; to provide for the crime of conspiracy to commit a crime and to prescribe the punishment for such crime; to repeal certain specific laws; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act revising, classifying, consolidating and superseding the laws relating to crimes and the punishment therefor, and establishing new laws relating thereto, and providing for a new Criminal Code, approved April 10, 1968 (Ga. L. 1968, p. 1249), is hereby amended by striking from section 1 the following: Section 1. The following shall constitute the Criminal Code of Georgia:, and inserting in lieu thereof the following: Section 1. The Code of Georgia of 1933 is hereby amended by striking Title 26, relating to crimes and punishment, in its entirety and inserting in lieu thereof a new Title 26, to read as follows;. Title. Section 2. Said Act is further amended by striking from section 2 the following:

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are hereby repealed in their entirety and the foregoing provisions of the new Criminal Code of Georgia, constituting a new Title 26 are substituted therefor., Intent. and inserting in lieu thereof the following: are hereby repealed in their entirety. Section 3. Said Act is further amended by striking from Code section 26-705, relating to mistake of fact, which Code section is quoted in section 1 of said Act, the word were and inserting in lieu thereof the word was, so that when so amended Code section 26-705 shall read as follows: 26-705. Mistake of Fact. A person shall not be found guilty of a crime if the act or omission to act constituting the crime was induced by a misapprehension of fact, which, if true, would have justified the act or omission. Section 4. Said Act is further amended by inserting a comma (,) in subsection (a) of section 26-1806 after the phrase `the property is received' and after the phrase `disposed of'. Code 26-1806 amended. Section 5. Said Act is further amended by striking Code section 26-1503, relating to criminal trespass, which Code section is quoted in section 1 of said Act, in its entirety and inserting in lieu thereof a new Code section 26-1503, to read as follows: 26-1503. Criminal Trespass. (a) A person commits criminal trespass when he intentionally damages any property of another without his consent and the damage thereto is $100 or less, or knowingly and maliciously interferes with the possession or use of the property of another person without his consent. (b) A person commits criminal trespass when he knowingly and without authority: (1) Enters upon the land or premises of another person, or into any part of any vehicle, railroad car, aircraft, or watercraft of another person, for an unlawful purpose; or

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(2) Enters upon the land or premises of another person, or into any part of any vehicle, railroad car, aircraft, or watercraft of another person, after receiving, prior to such entry, notice from the owner or rightful occupant that such entry is forbidden; or (3) Remains upon the land or premises of another person, or within the vehicle, railroad car, aircraft, or watercraft of another person, after receiving notice from the owner or rightful occupant to depart. (c) A person convicted of criminal trespass shall be punished as for a misdemeanor. Section 6. Said Act is further amended by striking Code sections 26-1701 and 26-1702, relating to forgery, which Code sections are quoted in section 1 of said Act, in their entirety and inserting in lieu thereof new Code sections 26-1701 and 26-1702, to read as follows: 26-1701. Forgery in the First Degree. (a) A person commits forgery in the first degree when, with intent to defraud, he knowingly makes, alters or possesses any writing in a fictitious name or in such manner that the writing as made or altered purports to have been made by another person, or at another time, or with different provisions, or by authority of one who did not give such authority and utters or delivers such writing. (b) A person convicted of forgery in the first degree shall be punished by imprisonment for not less than one nor more than ten years. 26-1702, Forgery in the Second Degree. (a) A person commits forgery in the second degree when he knowingly makes, alters or possesses any writing in a fictitious name or in such manner that the writing as made or altered purports to have been made by another person, or at another time, or with different provisions, or by authority of one who did not give such authority with the intent to defraud.

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(b) A person convicted of forgery in the second degree shall be punished by imprisonment for not less than one nor more than five years. Section 7. Said Act is further amended by adding at the end of Code Chapter 26-17, relating to deceptive practices, which Code Chapter is quoted in section 1 of said Act, a new section to be designated as Code section 26-1708, to read as follows: 26-1708. Improper Solicitation of Money by Use of Invoice for Goods, Etc. Not Ordered. (a) A person commits improper solicitation of money when he solicits 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 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: `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.' (b) Any person who shall violate the provisions of this Section commits a misdemeanor and, upon conviction therefor, shall be punished as for a misdemeanor. (c) Any person damaged by noncompliance with subsection (a), in addition to other remedies, is entitled to damages in the amount equal to three times the sum solicited. Section 8. Said Act is further amended by striking Code section 26-1813, relating to motor vehicle theft and related offenses, which Code section is quoted in section 1 of said Act, in its entirety and inserting in lieu thereof a new Code section 26-1813, to read as follows: 26-1813. Motor Vehicle Theft and Related Offenses. (a) First Offense.

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(1) Motor Vehicles. The theft of any motor vehicle as defined by an Act regulating traffic upon the highways, approved January 11, 1954 (Ga. L. 1953, Nov.-Dec. Sess., p. 566), shall be a felony. Any person convicted thereof shall, on the first offense, be punished by imprisonment in the penitentiary for not less than three years nor more than seven years: Provided that the jury may recommend that same be punished as for a misdemeanor. (2) Motor Vehicle Parts and Components. The theft of any motor vehicle part or component shall be a felony unless the part or component has a value of less than one hundred ($100.00) dollars in which case the offense shall constitute a misdemeanor. Any person convicted of theft of a motor vehicle part or component shall, on the first offense, be punished by imprisonment in the penitentiary for not less than two years nor more than five years, if the value of the part or component is one hundred ($100.00) dollars or more and any person convicted of theft of a motor vehicle part or component with a value of less than one hundred ($100.00) dollars shall be punished as for a misdemeanor. For the purposes of this subsection where a single act of theft involves the taking of more than one part or component the total value of all parts or components taken at the time shall be added together in determining whether the one hundred dollar limitation constituting a felony has occurred. If the total value of all such parts taken at the same time are one hundred ($100.00) dollars or more, then the crime shall be a felony as hereinabove mentioned: Provided that upon a recommendation of a jury same shall be treated as a misdemeanor and the court upon a plea of guilty shall have the power to punish as for a misdemeanor. (b) Subsequent Offenses. Notwithstanding any other provisions of this Chapter, whenever any person shall have been previously convicted of the theft of any motor vehicle as defined in an Act regulating traffic upon the streets and highways of the State of Georgia, approved January 11, 1954 (Ga. L. 1953, Nov.-Dec. Sess., p. 556), as amended, or any part or component where the same constitutes a felony as provided in subsection (a) (2) above, such person shall, upon the second conviction for any such offenses be punished

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by imprisonment in the penitentiary for not less than five (5) nor more than ten (10) years, and such person shall, upon the third and any subsequent conviction for any of such offenses, be punished by imprisonment in the penitentiary for not less than (10) nor more than twenty (20) years. (c) Procedure for Determining Sentence. (1) Indictment. The indictment charging any offense under this Section shall contain the same allegations as prior to the adoption of this Section. (2) Method for Establishing Sentence. (i) Jury Trials. The jury shall first make a determination as to the guilt or innocence of the defendant. Upon such a determination, the foreman of the jury shall so report the same to the judge. In the event such determination is that the defendant is guilty of the offense charged, then the judge shall recall the jury and the district attorney shall present evidence as to the sentence to be imposed. Such evidence shall consist of whether the defendant has been previously convicted of the larceny of any motor vehicle as provided in this Section and, in the event this be the case, whether the current offense is the second, third or subsequent offense of the defendant. In the event the district attorney proves that the defendant has been previously convicted, then the judge shall charge the jury that in setting sentence if this be the defendant's second conviction they shall set a sentence for a determinate number of years, not less than five nor more than ten years. In the event such conviction is the third or any subsequent conviction for the defendant, then the judge shall charge the jury that in setting the sentence the jury shall set the sentence for a determinate number of years not less than ten nor more than twenty years. In the event the district attorney fails to prove that the defendant has been previously convicted as provided herein then the judge shall charge the jury that, in determining sentence, the sentence shall be for a specific number of years not less than three nor more than seven

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years, provided that the jury may recommend that the same be punished as for a misdemeanor. The defendant shall have the right to challenge or impeach any evidence that the district attorney may present as provided in this subsection in the same manner as with other evidence on the principal issue of guilt. (ii) Non-jury Trials. Upon the judge making a determination that the defendant is guilty then the district attorney shall present evidence as to any previous convictions for the same type of crime as provided in jury trials and the defendant shall have the same right to challenge or impeach such evidence as in jury trials. Upon a determination by the judge that the defendant has been previously convicted in accordance with this subsection, then he shall impose sentence for a specific number of years in the same manner as provided for with jury trials. For a first offense the sentence shall be not less than three nor more than seven years, for a second offense not less than five nor more than ten years, and for a third or subsequent offense not less than ten nor more than twenty years: Provided, however, that in the case of first offenders, the judge may punish the defendant as for a misdemeanor and in the case of jury trials where the jury recommends the defendant be punished as for a misdemeanor, the judge may ignore or accept such recommendation and, in the event he accepts such recommendation, he shall sentence the defendant accordingly. In the event he rejects such recommendation, he shall set the sentence for a specific term of years, not less than three nor more than seven years. Section 9. Said Act is further amended by adding to the end of Code Chapter 26-18, relating to theft, which Code section is quoted in section 1 of said Act, a new Code section to be designated as Code section 26-1814, to read as follows: 26-1814. Conversion of Leased Personal Property. (a) A person commits conversion of leased personal property when he converts to his own use any personal property which has been delivered under the terms of a lease or

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rental agreement in violation of the agreement and to the damage of the owner or lessor. (b) For the purpose of this Section, an intentional conversion shall be presumed to have occurred whenever a person to whom personal property has been rented or leased shall knowingly and in violation of his agreement: (1) Sell, exchange or otherwise dispose of such property, or any part of it, without the express consent of the owner or lessor; or (2) Cause or permit such property, or any part of it, to be either concealed or removed so as to hinder, delay or prevent its lawful recovery by the owner or lessor; or (3) Fail or refuse without a lawful reason to surrender such property, or any part of it, to the owner or lessor upon demand following the expiration or lawful termination of said agreement. (c) Any person violating subsection (a) shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not less than one nor more than two years, except if the value of the property converted is one hundred ($100.00) dollars or less, the person violating subsection (a) shall, upon conviction, be punished as for a misdemeanor. Section 10. Said Act is further amended by striking Code section 26-2203, relating to inciting to insurrection, which Code section is quoted in section 1 of said Act, in its entirety and inserting in lieu thereof a new Code section 26-2203, to read as follows: 26-2203. Inciting to Insurrection. A person commits inciting to insurrection when he incites others to join in any combined resistance to the sovereign authority of the State, or any policital subdivision thereof, and he or they commit an overt act in furtherance thereof. A person convicted of this offense shall be punished by imprisonment for not less than one nor more than ten years. Inciting to

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insurrection shall be bailable only in the discretion of a judge of the superior court. Section 11. Said Act is further amended by adding to Code Chapter 26-25, relating to obstruction of law enforcement, which Code Chapter is quoted in section 1 of said Act, a new Code section to be designated as Code section 26-2509, to read as follows: 26-2509. False Report of a Crime. A person commits false report of a crime when he wilfully and knowingly gives or causes a false report of a crime to be given to any law enforcement officer or agency of this State and upon conviction shall be punished as for a misdemeanor. Section 12. Said Act is further amended by striking in Code section 26-2707, relating to possession of gambling device or equipment, which Code section is quoted in section 1 of said Act, between the word subassembly and the word essential the word of and inserting in lieu thereof the word or, so that when so amended, Code section 26-707 shall read as follows: 26-2707. Possession of Gambling Device or Equipment. A person who knowingly owns, manufactures, transfers commercially, or possesses any device which he knows is designed for gambling purposes or anything which he knows is designed as a subassembly or essential part of such device is guilty of a misdemeanor. Section 13. Said Act is further amended by striking from the second sentence of Code section 26-2708, relating to seizure and destruction of gambling devices, which Code section is quoted in section 1 of said Act, the following: Final Judgment, and inserting in lieu thereof the following: final judgment, so that when so amended said sentence shall read as follows: At such time as there shall be a final judgment entered in any case or cases in which a seized gambling device is necessary evidence or at such time as the State shall determine that the continued physical existence of such seized

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gambling device is no longer necessary, the same shall be turned over by that person having custody of such device to the Sheriff of the County wherein such device was confiscated. Code 26-2708 Amended. Section 14. Said Act is further amended by striking Code Chapter 26-32, relating to conspiracy, which Code Chapter is quoted in section 1 of said Act, in its entirety and inserting in lieu thereof a new Code Chapter 26-32, to read as follows: Chapter 26-32. Conspiracy. 26-3201. Conspiracy to Commit a Crime. A person commits a conspiracy to commit a crime when he together with one or more persons conspires to commit any crime and any one or more of such persons does any overt act to effect the object of the conspiracy. If the crime which was conspired to be committed is a felony, each person convicted of violating this Section shall be punished by imprisonment for not less than one nor more than five years or the punishment provided for such felony, whichever is the 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. 26-3202. Co-conspirators. A co-conspirator may be relieved from the effects of this Act if he can show that before the overt act occurred, he withdrew his agreement to commit a crime. Section 15. Said Act is further amended by striking from Code section 26-9907, relating to competent witnesses, which Code Section is quoted in section 1 of said Act, the following: Sections 26-2707, 26-2704, 26-2703 or 26-2702,, and inserting in lieu thereof the following: Sections 26-2702, 26-2703, 26-704 or 26-2707,,

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so that when so amended Code section 26-9907 shall read as follows: 26-9907. Players Competent Witnesses. On the trial of any person for offending against Sections 26-2702, 26-2703, 26-2704 or 26-2707, any other person who may have played and bet at the same time or table shall be a competent witness. Section 16. Said Act is further amended by inserting the word an in subsection (b) of section 26-1808 after the phrase to pay on and before the word account. Code 26-1808 Amended. Section 17. Said Act is further amended by striking the period (.) at the end of subsection (c) of section 26-503 and inserting in lieu thereof a semi-colon (;) and by adding the word or at the end of said subsection. Code 26-503 Amended. Section 18. Said Act is further amended by striking the word enact in section 26-2602 and substituting in lieu thereof the phrase an act. Code 26-2602 Amended. Section 19. Repealer. (a) An Act making it unlawful for any person to make a false report of a crime, approved April 8, 1968 (Ga. L. 1968, p. 983); (b) An Act making it unlawful to solicit payment by means of a statement or invoice for goods not yet ordered or for services not yet performed, approved March 15, 1968 (Ga. L. 1968, p. 322); and (c) An Act relating to fraudulent conversion of leased property approved April 8, 1968 (Ga. L. 1968, p. 998). Section 20. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 28, 1969.

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URBAN REDEVELOPMENT LAW AMENDEDAPPLICABLE TO CERTAIN COUNTIES (40,000-42,000). No. 625 (House Bill No. 768). An Act to amend the Urban Redevelopment Law, approved March 3, 1955 (Ga. L. 1955, p. 354), as amended, particularly by an Act approved March 4, 1966 (Ga. L. 1966, p. 157), so as to provide that in certain counties the term municipality used in said Act shall also mean county; to provide that in any such county all powers, privileges, duties and immunities now or heretofore granted to municipalities under said Act are hereby granted to every such county; to provide that in any such county the term local governing body shall mean the board of commissioners or the governing authority of any such county; to provide for severability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Urban Redevelopment Law, approved March 3, 1955 (Ga. L. 1955, p. 354), as amended, particularly by an Act approved March 4, 1966 (Ga. L. 1966, p. 157), is hereby amended by adding at the end of subsection (b) of section 19 the following: and, also, any county having a population of not less than 40,000 and not more than 42,000 according to the 1960 United States census or any future such census. Section 2. Said Act is further amended by adding at the end of subsection (d) of section 19 the following: and, also, the board of commissioners of roads and revenues or governing authority of any counties having a population of not less than 40,000 and not more than 42,000 according to the 1960 United States census or any future such census.. Section 3. Said Act is further amended by adding at the end of the paragraph added by section 3 of the amendatory

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Act approved March 4, 1956 (Ga. L. 1966, p. 157), the following language: and, upon every county of this State having a population of not less than 40,000 and not more than 42,000 according to the 1960 United States census or any future such census. Section 4. Should any sentence, clause, phrase or part of this Act be declared for any reason to be unconstitutional or invalid, the same shall not affect such remainder of this Act or any part thereof, other than the part so held to be invalid, but the remaining provisions of this Act shall remain in full force and effect. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 28, 1969. LICENSES FOR MOTOR VEHICLE RACETRACKS, ETC. No. 626 (House Bill No. 784). An Act to prohibit any person, firm or corporation from operating or conducting any motor vehicle race or exhibitions on any permanent racetrack or other place where races or exhibitions are held unless there shall first be obtained a license as set forth herein; to provide certain requirements for licensing; to provide for fees; to authorize the Director of the Department of Public Safety to grant, revoke or suspend any such licenses; to provide penalties for violation of this 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. It shall be unlawful for any person, firm or corporation to operate or conduct any motor vehicle race

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on any permanent racetrack or other place where such races are to be held unless there shall first be obtained a license to operate or conduct such races from the Director of the Department of Public Safety (hereafter, the Director). Section 2. No license for operating or conducting a motor vehicle racetrack shall be issued by the Director until he has been furnished with a certificate or other satisfactory evidence that the applicant has a valid public liability insurance policy with minimum limits of $1 million per accident and $100,000 per person per accident, (or $1 million combined single limit) or, in lieu thereof a valid public liability bond in like amount. The said policy or bond shall be designed to provide coverage for the protection of the licensee from any legal liability arising out of bodily injury, including death, to any member of the general public, resulting from any racing event. The said insurance policy or bond shall not be designed to provide coverage for bodily injuries or death of drivers of motor vehicles which are engaged in any race, pit area personnel or any person who is involved in the conduct of a race. The said policy or bond shall be written by a company licensed to do business in Georgia, or which is considered to be acceptable by the Director. Licenses, etc. Section 3. No insurance policy or bond may be cancelled, for any reason, unless and until the Director has received notice by certified or registered letter, return receipt requested, that the said policy or bond is going to be cancelled effective on a date at least 14 days from the date such notice is received by the Director. Cancellation of insurance policies and bonds. Section 4. Application for a license to operate or conduct a racetrack or other place for the holding of such races or exhibitions shall be made in writing to the Director on a form prescribed by or furnished by the Director. The application form shall require a full and complete address of the track or place desired to be licensed, the name and address of the licensee, the name and address of the promoter of such race or exhibition, and shall contain such further information as the Director may require in order

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to comply with section 2 of this Act. Such application shall be accompanied by a non-refundable fee of $100. License applications. Section 5. All licenses granted by the Director pursuant to this Act shall expire December 31 of each year. Expiration of licenses. Section 6. The Director is authorized to suspend or revoke any license for operating or conducting motor vehicle races or exhibitions whenever any said licensee fails to comply with the provisions of this Act. Revocation of licenses. Section 7. Violation of any provisions of this Act shall constitute a felony and shall be punished by imprisonment for not less than one nor more than twenty years, or by $1,000 fine, or both. Crimes. Section 8. The term motor vehicle, as used in this Act, shall not be construed to include any motorcycle or other two-wheeled self-propelled vehicle, nor shall it be construed to include any motor vehicle weighing less than 500 pounds. Motor vehicle defined. Section 9. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 10. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 28, 1969. TOOMBS JUDICIAL CIRCUITCOMPENSATION OF DISTRICT ATTORNEY. No. 631 (House Bill No. 881). An Act to amend an Act abolishing the fee system of compensation and providing in lieu thereof an annual salary for the solicitor general (now district attorney) of the Toombs Judicial Circuit, approved March 8, 1968 (Ga.

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L. 1968, p. 247), so as to provide for an expense allowance for said district attorney; to provide for payment by the counties of Lincoln and Wilkes on a proportionate basis; to provide that the said expense allowance shall decrease on a pro rata basis in the event the said district attorney shall receive an expense allowance paid from State funds; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act abolishing the fee system of compensation and providing in lieu thereof an annual salary for the solicitor general (now district attorney) of the Toombs Judicial Circuit, approved March 8, 1968 (Ga. L. 1968, p. 247), is hereby amended by striking section 3 in its entirety and inserting in lieu thereof a new section 3, to read as follows: Section 3. The district attorney of the Toombs Judicial Circuit shall receive an annual expense allowance of $7,920.00, to be paid in equal monthly installments from the funds of the counties of the Toomb Judicial Circuit. The counties of Lincoln and Wilkes shall pay in the ratio which the population of each of the said counties bears to the total population of the counties comprising the Toombs Judicial Circuit as shown by the latest official United States Decennial Census. In the event the said district attorney shall receive an expense allowance paid from State funds, the expense allowance provided for in this Act shall decrease in such proportionate amount so that the total annual expense allowance paid to said district attorney from all sources shall not exceed $7,920.00. Expense allowance. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1969 Session of the General Assembly of Georgia, a bill to provide an expense allowance for the district

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attorney of the Toombs Judicial Circuit, a portion of which shall be paid by the counties of Lincoln, Wilkes and Taliaferro; to provide that the said allowance shall reduce prorata in the event the said district attorney receives an expense allowance payable from State funds; to repeal conflicting laws; and for other purposes. This 10th day of February, 1969. Ben B. Ross Representative, 26th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Honorable Ben B. Ross who, on oath, deposes and says that he is Representative from the 26th 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: February 13th, 20th, and 27th, 1969. /s/ Ben B. Ross Representative, 26th District Sworn to and subscribed before me, this 10th day of March, 1969. /s/ Aralee Strange Mason, Notary Public, Georgia, State at Large. My Commission expires Dec. 22, 1972. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1969 Session of the General Assembly of Georgia, a bill to provide an expense allowance for the district attorney of the Toombs Judicial Circuit, a portion of which

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shall be paid by the counties of Lincoln, Wilkes and Taliaferro; to provide that the said allowance shall reduce prorata in the event the said district attorney receives an expense allowance payable from State funds; to repeal conflicting laws; and for other purposes. Ben B. Ross, Representative 26th District. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Honorable Ben B. Ross who, on oath, deposes and says that he is Representative from the 26th 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: February 13th, 20th, and 27th, 1969. /s/ Ben B. Ross Representative, 26th District Sworn to and subscribed before me, this 10th day of March, 1969. /s/ Aralee Strange Mason, Notary Public, Georgia, State at Large. My Commission expires Dec. 22, 1972. (Seal). Approved April 28, 1969. CONSTABLESARREST POWERS ETC. Code 24-822, 24-823 Enacted. No. 634 (House Bill No. 907). An Act to amend Code Chapter 24-8, relating to constables, as amended, so as to provide that constables shall not have power of arrest for offenses arising from violations

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of traffic laws; to provide that certain designations shall not be used by constables; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 24-8, relating to constables, as amended, is hereby amended by adding at the end thereof a new Code section to be designated as Code section 24-822, to read as follows: Code Section 24-822. Power to arrest . Constables shall not exercise any power of arrest without a warrant for offenses arising from violations of traffic laws or laws regulating the use, ownership, and control of motor vehicles or for offenses committed upon the highways of this State. Section 2. Said Code Chapter is further amended by adding at the end thereof a new Code Section to be designated as Code section 24-823, to read as follows: Code Section 24-823. Designation . Constables shall not hold themselves out to the public as State police or county police or use the name `State Police' or `County Police' on their automobiles or any other property. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 28, 1969. COURT REPORTERS, ETC. IN JUDICIAL CIRCUITS CONTAINING COUNTIES WITH CERTAIN POPULATION (250,000-500,000). No. 643 (House Bill No. 940). An Act to provide two additional court reporters for certain judicial circuits; to provide additional secretarial and

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clerical help in such circuits; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Effective July 1, 1969, the judges of all judicial circuits in this State in which is located a county having a population of not less than 250,000 nor more than 500,000, according to the 1960 U. S. decennial census, or any such future census, are empowered and authorized to employ two additional court reporters to serve as official court reporters of such circuits. Such reporters shall be paid in the same manner and shall receive the same compensation as is now or may hereafter be provided by law for court reporters of such circuits. Section 2. Such additional court reporters shall perform such duties as may be assigned to them from time to time by the judges of said circuits. Section 3. The judges of such circuits are further authorized and empowered to employ such stenographic and clerical help as they deem necessary to assist the court reporters in carrying on their work and to fix their compensation. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 28, 1969. PIEDMONT JUDICIAL CIRCUITTERMS. No. 648 (House Bill No. 981). An Act to change the terms of the Superior Courts of the Piedmont Judicial Circuit; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1. The terms of the superior courts of the Piedmont Judicial Circuit shall commence as follows: Barrow Superior Courtthe first and second Monday in February and August and the first Monday in May and November; Jackson Superior Courtthe first and second Monday in March and the second and third Monday in September; Banks Superior Courtthe first and second Monday in April and October. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 28, 1969. CORONERSCOMPENSATION IN CERTAIN COUNTIES (10,150-10,275). Code 21-105 Amended. No. 650 (House Bill No. 995). An Act to amend Code section 21-105 of the Code Section 21-105 of the Code of Georgia of 1933, as amended, relating to fees paid Coroners, as amended, so as to change the compensation of Coroners in certain counties; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Section 21-105 of the Code of Georgia of 1933, as amended, is hereby amended by adding at the end of said section the following: The coroners in all counties of this State having a population of not less than 10,150 persons and not more than 10,275 persons, according to the United States Census of

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1960, or any future Census, are hereby placed on a salary basis and shall be compensated as such official, in the amount of seventy-five dollars ($75.00) per month. Said compensation shall be paid monthly from the funds of such counties. Such compensation shall be in lieu of all fees, costs, commissions, allowances, monies, and all other emoluments and perquisites of whatever kind which shall be allowed coroners of such counties. All such fees, costs, allowances, monies, and all other emoluments and perquisites of whatever kind shall become the property of such counties and shall be paid to the fiscal officer of such counties, at least once a month. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Local Legislation. Notice is hereby given that there will be introduced at the 1969 Session of the General Assembly of Georgia, a bill to increase the salary of the coroner of Lamar County, Georgia, and for other purposes. This notice is given in compliance with the requirements of Article III, Section VII, Paragraph XV of the Constitution of Georgia of 1945, as amended. This the 11th day of February, 1969. Johnnie L. Caldwell Representative Post No. 1, Lamar, Pike and Upson Coun- ties, Georgia, in the General Assembly of Georgia J. R. Smith Representative Post No. 2, Lamar, Pike and Upson Coun- ties, Georgia, in the General Assembly of Georgia Georgia, Lamar County. Personally appeared before me William W. Dennis, who after being duly sworn to speak the truth deposes and says:

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That he is the owner, editor and publisher of the Barnesville News Gazette, a newspaper with a general circulation throughout said county and in which newspaper the sheriff's advertisements for said county are published, and that the attached printing is an exact copy of the notice that was published in said News Gazette in the weekly issues thereof for three consecutive weeks, to-wit on February 13th, February 20th and February 27th. /s/ William W. Dennis Sworn to and subscribed before me, this the 15th day of March, 1969. /s/ Sam L. Whitmire, Notary Public, Lamar County, Ga. My Commission expires 3/9/71. (Seal). Approved April 28, 1969. GENERAL APPROPRIATIONS ACT. No. 653 (House Bill No. 77). An Act to make and provide appropriations for the fiscal year beginning July 1, 1969, and ending June 30, 1970, and the fiscal year beginning July 1, 1970, and ending June 30, 1971; to make and provide such appropriations for the operation of the State Government, its departments, boards, bureaus, commissions, institutions, and other agencies, and for the university system, common schools, counties, municipalities, political subdivisions, and for all other governmental activities, projects and undertakings authorized by law, and for all leases, contracts, agreements, and grants authorized by law; to provide for the control and administration of funds; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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That the sums of money hereinafter provided are appropriated for the fiscal year beginning July 1, 1969, and ending June 30, 1970, and the fiscal year beginning July 1, 1970, and ending June 30, 1971, as prescribed hereinafter for each of such fiscal years, from the General Funds of the State, including unappropriated surplus as of June 30, 1969. PART I. LEGISLATIVE BRANCH Section 1. Legislative Branch. For compensation, expenses, mileage, allowances, air travel expense, 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. 1969-70 $ 4,825,000.00 1970-71 $ 4,825,000.00 Changed objects: Personal Services $ 2,740,000.00 Operating Expenses $ 1,985,000.00 Capital Outlay $ 100,000.00

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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. Section 2. Audits, Department of. Operations 1969-70 $ 750,000.00 1970-71 $ 750,000.00 Changed objects: Personal Services $ 691,100.00 Operating Expenses $ 83,900.00 PART II. JUDICIAL BRANCH Section 3. 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

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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. 1969-70 $ 550,441.00 1970-71 $ 550,441.00 Changed object: Personal Services $ 531,811.00 Section 4. 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 annuam for each additional Emeritus position established during the fiscal year. 1969-70 $ 662,800.00 1970-71 $ 662,800.00 Changed object: Personal Services $ 620,800.00 Section 5. Superior Courts. A. 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 salaries and 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. 1969-70 $ 1,756,967.00 1970-71 $ 1,756,967.00 Changed object: Personal Services $ 1,690,667.00 Provided, further, that the listed appropriation shall be increased by the amount of $25,000.00 per annum for each Judgeship created by law during the 1969 session of the General Assembly. B. For payment of salaries, contingent expense allowances, and other expenses as may be authorized by law for the District Attorneys and District Attorneys Emeritus. Provided, however, that the listed appropriations shall be increased by the amount of $6,000.00 per annum for each additional District Attorney Emeritus position established during the fiscal year. 1969-70 $ 975,100.00 1970-71 $ 975,100.00

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Section 6. For the cost of printing and distributing the reports of the Supreme Court and Court of Appeals. Appellate court reports. 1969-70 $ 35,000.00 1970-71 $ 35,000.00

Page 885

PART III. EXECUTIVE BRANCH GENERAL GOVERNMENT Section 7. Commission on Aging. 1969-70 $ 57,655.00 1970-71 $ 57,655.00 Changed objects: Personal Services $ 70,353.00 Operating Expenses $ 16,362.00 Section 8. Art Commission, Georgia. 1969-70 $ 57,060.00 1970-71 $ 57,060.00 Changed objects: Personal Services $ 32,460.00 Operating Expenses $ 24,600.00 Section 9. Banking, Department of. 1969-70 $ 572,054.00 1970-71 $ 572,054.00 Changed object: Personal Services $ 452,054.00 Section 10. Capitol Square Improvement Committee. A. Operating Costs. 1969-70 $ 150,000.00 1970-71 $ 150,000.00 B. Capital Outlay Authority Lease Rentals, Annual Lease payments to Georgia Building Authority under existing leases for Judicial, Agricultural, Health and other State Office Buildings and Facilities. 1969-70 $ 3,112,752.87 1970-71 $ 3,112,752.87

Page 886

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. 1969-70 $ 1,526,450.00 1970-71 $ 1,526,450.00 Changed objects: Personal Services $ 1,143,810.00 Operating Expenses $ 382,640.00 Section 12. Coordinator of Highway Safety. 1969-70 $ 112,010.00 1970-71 $ 112,010.00 Changed objects: Personal Services $ 136,119.00 Operating Expenses $ 87,900.00 Section 13. Defense, Department of. For the cost of operating the Military Division, aid to military organizations and the cost of operating the Civil Defense Division, and the Office of Emergency Planning.

Page 887

1969-70 $ 1,070,393.00 1970-71 $ 1,070,393.00 Changed object: Personal Services $ 778,193.00 Section 14. 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, the Southern Interstate Nuclear Compact, and the Advisory Commission on Intergovernmental Relations, and other special committee expenses. 1969-70 $ 593,165.00 1970-71 $ 593,165.00 Changed object: Personal Services $ 393,165.00 B. For the Governor's Mansion allowance. 1969-70 $ 25,000.00 1970-71 $ 25,000.00 Section 15. Budget Bureau. 1969-70 $ 302,575.00 1970-71 $ 302,575.00 Changed object: Personal Services $ 256,075.00

Page 888

Section 16. Planning and Programming Bureau. (a) General Operating costs. 1969-70 $ 520,421.00 1970-71 $ 520,421.00 Changed objects: Personal Services $ 689,156.00 Operating Expenses $ 214,712.00 Provided, however, that from the funds appropriated above, the Bureau shall provide sums sufficient to implement the Omnibus Crime and Safe Streets Act, as set forth in the budget document. (b) Grants to Area Planning and Development Commissions. 1969-70 $ 823,200.00 1970-71 $ 823,200.00 Section 17. Georgia Historical Commission. 1969-70 $ 416,400.00 1970-71 $ 366,400.00 Changed objects: Personal Services $ 265,000.00 Capital Outlay 1969-70 $ 50,000.00 Capital Outlay 1970-71 $ -0- Section 18. Industry and Trade, Department of. A. General Operating Costs. 1969-70 $ 2,591,014.00 1970-71 $ 2,591,014.00 Changed objects: Personal Services $ 908,500.00 Operating Expenses $ 782,514.00 Capital Outlay $ -0- Advertising $ 900,000.00 B. Capital OutlayMetropolitan Atlanta Rapid TransitTo be expended under contract with the Metropolitan Atlanta Rapid Transit Authority. 1969-70 $ 45,700.00 1970-71 $ 45,700.00 C. Capital Outlay Authority Lease RentalsAnnual Lease payments to Georgia Ports Authority. 1969-70 $ 2,000,000.00 1970-71 $ 2,000,000.00

Page 889

Section 19. Labor, Department of. A. For the cost of operating the Commissioner's Office and Factory Inspection Division. 1969-70 $ 326,200.00 1970-71 $ 326,200.00 Changed object: Personal Services $ 265,800.00 Operating Expenses $ 60,400.00 B. For that part of cost of operations of Employment Security Agency as authorized by Act approved March 8, 1945. 1969-70 $ 85,000.00 1970-71 $ 85,000.00 Changed objects: Personal Services $ 9,229,050.00 Operating Expenses $ 1,672,750.00

Page 890

Section 20. 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 funds 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. 1969-70 $ 888,000.00 1970-71 $ 888,000.00 Changed object: Personal Services $ 736,000.00

Page 891

Section 21. Library, State. 1969-70 $ 122,200.00 1970-71 $ 122,200.00 Changed object: Personal Services $ 90,200.00 Section 22. Literature Commission, State. 1969-70 $ 20,000.00 1970-71 $ 20,000.00 Changed object: Personal Services $ 10,464.00 Section 23. Pharmacy Board. For cost of operating the office of Chief Drug Inspector. 1969-70 $ 127,330.00 1970-71 $ 127,330.00 Changed objects: Personal Services $ 95,730.00 Operating Expenses $ 31,600.00 Section 24. Public Safety, Department of. 1969-70 $ 13,291,700.00 1970-71 $ 13,250,700.00 Changed objects: Personal Services $ 9,724,700.00 Operating Expenses $ 3,726,000.00 Capital Outlay 1969-70 $ 41,000.00 Capital Outlay 1970-71 $ -0-

Page 892

Provided, that from the above amount, $41,000.00 from Capital Outlay in 1969-70 shall be used as additional funds for construction of State Patrol Barracks in Stephens County. 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 25. Public Service Commission. For the cost of operating the Utilities Division and the Motor Carrier Division of the Public Service Commission. 1969-70 $ 688,131.00 1970-71 $ 688,131.00 Changed objects: Personal Services $ 594,158.00 Operating Expenses $ 93,973.00 Section 26. Purchases, Supervisor of. 1969-70 $ 467,653.00 1970-71 $ 467,653.00 Changed objects. Personal Services $ 390,853.00 Operating Expenses $ 76,800.00 Section 27. Recreation Commission. 1969-70 $ 103,123.00 1970-71 $ 103,123.00 Changed object: Personal Services $ 67,145.00

Page 893

Section 28. Revenue, Department of. A. For cost of operating the Department of Revenue. 1969-70 $ 13,366,400.00 1970-71 $ 13,366,400.00 Changed object: Personal Services $ 9,800,500.00 B. Grants to countiesTax reevaluation. For grants to counties in accordance with rules and regulations set up by the Commissioner of Revenue for assisting counties in financing tax reevaluation studies. 1969-70 $ 30,000.00 1970-71 $ 30,000.00 C. Loans to countiesTax reevaluation. There is hereby appropriated for the fiscal years 1969-70 and 1970-71 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 $400,000.00 in each fiscal year. Such amount shall be available for further tax evaluation loans to counties. Section 29. Science and Technology Commission. 1969-70 $ 96,350.00 1970-71 $ 96,350.00 Changed object: Personal Services $ 72,550.00

Page 894

Section 30. Secretary of State. A. 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. 1969-70 $ 1,448,900.00 1970-71 $ 1,448,900.00 Changed object: Personal Services $ 508,900.00 B. 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. 1969-70 $ 461,049.00 1970-71 $ 461,049.00 Changed object: Personal Services $ 320,049.00 C. Combined Divisions. For the cost of operating the office of Secretary of State, and all other programs administered through such office. 1969-70 $ 851,921.00 1970-71 $ 851,921.00 Changed object: Personal Services $ 545,121.00 D. Examining Boards. 1969-70 $ 884,800.00 1970-71 $ 884,800.00 Changed object: Personal Services $ 504,800.00 E. Executive Center. For operation of Executive Center. 1969-70 $ 69,300.00 1970-71 $ 69,300.00 Changed object: Personal Services $ 31,800.00 F. Special Repairs , Capitol Building and Legislative Chambers, Rooms, Offices and Facilities. 1969-70 $ 50,000.00 1970-71 $ 50,000.00

Page 895

Section 31. State Properties Control Commission. For the cost of operating State Properties Control Commission. 1969-70 $ 50,000.00 1970-71 $ 50,000.00 Section 32. Treasury, State. For operation of State Treasury, including Bond Commissioner.

Page 896

1969-70 $ 156,500.00 1970-71 $ 156,500.00 Section 33. Veterans Service. A. For the cost of operating the Department of Veterans Service. 1969-70 $ 1,172,053.00 1970-71 $ 1,172,053.00 Changed object: Personal Services $ 1,075,653.00 B. For the cost of operating the Veterans Service Board, War Veterans Home, and Veterans Nursing Home. 1969-70 $ 1,088,314.00 1970-71 $ 1,088,314.00 Changed objects: Personal Services $ 54,614.00 Payments to Medical College of Georgia $ 582,540.00 C. For the cost of pensions to Confederate Widows. 1969-70 $ 55,570.00 1970-71 $ 55,570.00 Section 34. Workmen's Compensation, State Board of . For the cost of operating the State Board of Workmen's Compensation. 1969-70 $ 707,345.00 1970-71 $ 707,345.00 Changed object: Personal Services $ 626,845.00

Page 897

AGRICULTURE AND CONSERVATION Section 35. Agriculture, Department of. A. For the operation of all activities of the Department including the operating of Farmer's Markets. 1969-70 $ 7,553,575.00 1970-71 $ 7,485,075.00 Changed objects: Personal Services $ 5,302,733.00 Operating Expenses $ 2,951,866.00 Capital Outlay 1969-70 $ 68,500.00 Capital Outlay 1970-71 $ -0- Provided, that the amount of $33,500.00 in 1969-70 from Capital Outlay shall be used for the construction of a peanut seed processing plant. B. Capital Outlay Authority Lease RentalsAnnual Lease payments to Georgia Building Authority (Markets). 1969-70 $ 750,000.00 1970-71 $ 750,000.00 Changed objects: Authority Lease Rentals $ 750,000.00 C. Fire Ant Eradication. 1969-70 $ 1,500,000.00 1970-71 $ 1,500,000.00 New Object Class: Fire Ant Eradication $ 1,500,000.00

Page 898

Section 36. Conservation A. Forestry Commission. 1969-70 $ 5,806,633.00 1970-71 $ 5,806,633.00 Changed objects: Personal Services $ 6,240,387.00 Capital Outlay $ -0- B. Forest Research Council. 1969-70 $ 401,834.00 1970-71 $ 401,834.00 Changed objects: Personal Services $ 66,544.00 Operating Expenses $ 351,885.00 Capital Outlay $ -0- C. Game and Fish Commission. 1969-70 $ 3,474,013.00 1970-71 $ 3,320,685.00 Changed objects: Personal Services $ 2,664,329.00 Operating Expenses $ 1,604,634.00 Capital Outlay 1969-70 $ 153,328.00 Capital Outlay 1970-71 $ -0- D. Georgia Commission for the Development of Chattahoochee River Basin. 1969-70 $ 6,710.00 1970-71 $ 6,710.00 Changed object: Operating Expenses $ 3,110.00 E. Jekyll Island Committee. 1969-70 $ 400,000.00 1970-71 $ 400,000.00 Changed object: Operating Expenses $ 400,000.00 F. Mineral Leasing Commission. 1969-70 $ 5,000.00 1970-71 $ 5,000.00 G. Department of Mines, Mining and Geology , including Oil and Gas Commission, and dues to the Interstate Oil Compact. (a) Regular Operation 1969-70 $ 386,403.00 1970-71 $ 386,403.00 Changed objects: Personal Services $ 170,468.00 Operating Expenses $ 263,010.00 (b) South Georgia Minerals Exploration and Research. 1969-70 $ 228,500.00 1970-71 $ 228,500.00 Changed object: Operating Expenses $ 228,500.00 (c) Surface Mined Land Use Board. 1969-70 $ 119,000.00 1970-71 $ 119,000.00 Changed objects: Personal Services $ 73,000.00 Operating Expenses $ 46,000.00 H. North Georgia Mountains Commission. 1969-70 $ 300,000.00 1970-71 $ 300,000.00 Changed object: Operating Expenses $ 300,000.00 Provided that the total State salary of the Director shall not exceed $24,000.00 per annum. I. Ocean Science Center of the Atlantic. 1969-70 $ 909,508.00 1970-71 $ 459,508.00 Changed objects: Personal Services 103,977.00 Operating Expenses $ 355,531.00 Capital Outlay 1969-70 $ 450,000.00 Capital Outlay 1970-71 $ -0- Provided, no capital outlay funds shall be expended to purchase additional land. J. Department of Parks. (a) For general operation and development of State Parks. 1969-70 $ 1,766,584.00 1970-71 $ 1,560,364.00 Changed objects: Personal Services $ 1,484,752.00 Operating Expenses $ 750,612.00 Capital Outlay 1969-70 $ 206,220.00 Capital Outlay 1970-71 $ -0- Provided, however, that of the above amounts, there shall be allocated for expenses of the State Council for the Preservation of Natural areas the amount of $30,000.00 in 1969-70 and the amount of $32,000.00 in 1970-71. Provided that no land shall be purchased for State park purposes without the approval of the State Properties Acquisition Commission. (b) Capital Outlay Authority Lease RentalsAnnual Lease Payments to Jekyll Island-State Parks Authority. 1969-70 $ 1,146,000.00 1970-71 $ 1,146,000.00 Changed object: Authority Lease Rentals $ 1,146,000.00 (c) Capital Outlay Authority Lease Rentals Annual Lease Payments to Stone Mountain Memorial Association. 1969-70 $ 1,000,000.00 1970-71 $ 1,000,000.00 (d) For Contract with Lake Lanier Island Development Authority. 1969-70 $ 208,194.00 1970-71 $ 208,194.00 Changed object: Operating Expenses $ 208,194.00 K. Soil and Water Conservation Committee. For the cost of operating the State Soil and Water Conservation Committee. 1969-70 $ 409,548.00 1970-71 $ 409,548.00 Changed objects: Personal Services $ 22,988.00 Operating Expenses $ 386,560.00 L. Stone Mountain Memorial Committee. For operating costs including costs of improvements by convict labor. 1969-70 $ 175,000.00 1970-71 $ 150,000.00

Page 902

CORRECTIONS Section 37. 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. 1969-70 $ 12,206,583.00 1970-71 $ 11,606,583.00 Changed objects: Personal Services $ 7,448,600.00 Operating Expenses $ 5,539,983.00 Capital Outlay 1969-70 $ 600,000.00 Capital Outlay 1970-71 $ -0- Provided that no funds appropriated in this Section or otherwise available shall be used to pay a salary in excess of the Director's salary, except salaries for physicians. B. Capital Outlay Authority Lease Rentals Annual Lease payments to Georgia Building Authority (Penal). 1969-70 $ 790,000.00 1970-71 $ 790,000.00 Changed object: Authority Lease Rentals $ 790,000.00

Page 903

Section 38. Pardons and Paroles, State Board of 1969-70 $ 1,025,500.00 1970-71 $ 1,025,500.00 Changed objects: Personal Services $ 834,100.00 Operating Expenses $ 191,400.00 Section 39. Probation, State Board of. For the cost of operating the statewide probation system, administered by the State Board of Probation. 1969-70 $ 1,594,289.69 1970-71 $ 1,594,289.69 Changed objects: Personal Services $ 1,330,333.00 Operating Expenses $ 263,956.69

Page 904

EDUCATION Section 40. State Board of EducationDepartment of Education. A. For matching vocational rehabilitation funds in cooperation with the Federal government; for operation of vocational trade schools; for operation of public and rural library programs; for operation of School for the Deaf and Academy for the Blind; for 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, including the cost of the Teachers' Retirement Employer contribution. 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. 1969-70 $358,813,335.00 1970-71 $358,247,035.00 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 appropriations 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. Changed objects: Personal Services $ 22,176,273.00 Operating Expenses $ 22,453,538.00 Teachers Salaries $210,144,694.00 Other Certificated Professional Personnel Salaries $ 36,166,600.00 Maintenance, Operation and Sick Leave $ 34,124,741.00 Isolated Schools $ 42,047.00 Mid Term Adjustment $ 970,936.00 Salaries and Travel of Public Librarians $ 1,626,055.00 Total Vocational Education Grants $ 16,896,855.00 Alto Teachers Salaries $ 176,772.00 Superintendents Salaries $ 2,245,704.00 Teachers' Retirement Employer Contribution $ 18,048,752.00 Fellowships for Teachers of Emotionally Disturbed Children $ -0- Extended School Program $ -0- Capital Outlay1969-70 $ 814,513.00 Capital Outlay1970-71 $ -0- Provided that a new object class shall be added to the Budget Report to read as follows: Grants for operation of vocational rehabilitation workshops development of Nephrology Centers $ 150,000.00 Provided that $50,000.00 in operating expenses shall be used to provide vocational rehabilitation services to eligible persons who have renal diseases. B. Capital Outlay Authority Lease Rentals. 1969-70 $ 26,301,000.00 1970-71 $ 26,301,000.00 Changed object: Capital Outlay Grants $ 24,722,992.00 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.

Page 907

Section 41. Educational Improvement Council. 1969-70 $ 110,655.00 1970-71 $ 110,655.00 Changed object: Personal Services $ 71,455.00 Section 42. Higher Education Assistance Committee. 1969-70 $ 294,888.00 1970-71 $ 294,888.00 Changed objects: Personal Services $ 93,400.00 Operating Expenses $ 45,588.00 Section 43. 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. 1969-70 $ 201,726.00 1970-71 $ 201,726.00 Changed object: Personal Services $ 12,076.00 Section 44. 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; for the cost of Teachers' Retirement employer contributions. 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 Teachers' Retirement System applicable to such salary. 1969-70 $132,773,926.00 1970-71 $132,023,926.00 Changed objects: Personal Services $133,234,363.00 Operating Expenses $ 35,321,000.00 Teachers Retirement Employer Contributions $ 8,630,661.00 Capital Outlay 1969-70 $ 11,400,000.00 Capital Outlay 1970-71 $ -0- Authority Lease Rentals $ 15,863,500.00 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 amounts of $15,863,500.00 in 1969-70 and $15,863,500.00 in 1970-71 are designated and committed to guarantee payment of lease rental contracts as a first charge on such funds. 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 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 for educational and general or plant purposes until made available by a written order of the Budget Bureau. 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, however, in the event the Board of Regents should increase the rates of student fees above the rates projected in the Budget, the Board of Regents may use the funds thus provided to make essential in-grade adjustments comparable to merit adjustments upon approval by the Budget Bureau. Where a transfer may be required between Regents appropriation and Talmadge Memorial Hospital appropriation, to accomplish the above, such transfer may be made upon approval by the Budget Bureau. B. Eugene Talmadge Memorial Hospital State Board of Regents. 1969-70 $ 5,882,800.00 1970-71 $ 5,882,800.00 Changed object: Personal Services $ 8,076,000.00

Page 910

Section 45. State Scholarship Commission. 1969-70 $ 844,706.00 1970-71 $ 844,706.00 Changed object: Personal Services $ 58,366.00 Section 46. Teachers' Retirement System. For the State's contribution to the Teachers' Retirement Floor Fund. 1969-70 $ 347,000.00 1970-71 $ 347,000.00 HEALTH AND WELFARE Section 47. Public Welfare, Department of Family and Children Services. A. For the cost of operations of the State Welfare Programs. 1969-70 $ 3,335,050.00 1970-71 $ 3,335,050.00 B. Benefits Adult Programs for matching Federal funds to provide benefits to the aged, the blind, and the totally and permanently disabled. 1969-70 $ 15,511,836.00 1970-71 $ 15,511,836.00 C. Benefits AFDC Program. For matching Federal funds to provide benefits to families with dependent children. 1969-70 $ 11,716,743.00 1970-71 $ 11,716,743.00 D. Benefits Division for Children and Youth. For other children and youth care as authorized by law. 1969-70 $ 1,389,021.00 1970-71 $ 1,389,021.00 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. 1969-70 $ 9,390,900.00 1970-71 $ 9,390,900.00 Changed objects: Personal Services $ 4,515,700.00 Operating Expenses $ 1,203,000.00 Benefits $145,142,500.00 Grants to Counties $ 26,244,000.00 F. Youth Institutions. For the cost of operation of the youth institutions under the administration of this department, and for grants to county-owned detention centers. 1969-70 $ 6,101,400.00 1970-71 $ 5,736,400.00 Changed objects: Personal Services $ 3,698,800.00 Capital Outlay 1969-70 $ 365,000.00 Capital Outlay 1970-71 $ -0- Provided, however, the $540,000.00 allotted under this Section for grants to county-owned detention centers shall be distributed to the several counties for operating expenses of the said centers without restriction. G. Other Institutions. For the cost of operation of the Confederate Soldiers' Home and the Georgia Factory for the Blind. 1969-70 $ 95,000.00 1970-71 $ 45,000.00 Changed objects: Personal Services $ 791,200.00 Capital Outlay 1969-70 $ 50,000.00 Capital Outlay 1970-71 $ -0-

Page 913

Section 48. Department of Public Health. A. Capital Outlay Authority Lease Rentals Annual Lease payments to Georgia Building Authority (Hospitals). 1969-70 $ 4,110,000.00 1970-71 $ 4,110,000.00 Changed object: Authority Lease Rentals $ 4,110,000.00 B. Battey State Hospital. For the cost of operation. 1969-70 $ 3,608,400.00 1970-71 $ 3,608,400.00 Changed object: Personal Services $ 4,016,400.00 C. Central State Hospital. For the cost of operation. 1969-70 $ 29,779,399.00 1970-71 $ 29,479,399.00 Changed objects: Personal Services $ 24,502,399.00 Capital Outlay 1969-70 $ 300,000.00 Capital Outlay 1970-71 $ -0- Provided that the amount of $300,000 capital outlay shall be used only for renovations to buildings housing patients. D. Georgia Mental Health Institute. For the cost of operation. 1969-70 $ 4,762,364.00 1970-71 $ 4,762,364.00 Changed objects: Personal Services $ 3,821,100.00 Operating Expenses $ 1,275,000.00 E. Georgia Regional Hospital in Atlanta. For the cost of operation. 1969-70 $ 3,772,160.00 1970-71 $ 3,772,160.00 Changed object: Personal Services $ 2,820,000.00 F. Georgia Regional Hospital in Augusta. For the cost of operation. 1969-70 $ 2,706,000.00 1970-71 $ 2,706,000.00 Changed object: Personal Services $ 2,015,000.00 G. Georgia Regional Hospitals at Columbus, Rome and Savannah. For the cost of development and operation. 1969-70 $ 500,000.00 1970-71 $ 500,000.00 Changed objects: Personal Services $ 300,000.00 Operating Expenses $ 200,000.00 Provided, that $100,000.00 of the above amount shall be allocated to complete the planning for the beginning of construction of the Columbus and Rome Medical Facilities. H. Georgia Retardation Center. For the cost of operation. 1969-70 $ 3,818,405.00 1970-71 $ 3,818,405.00 Changed objects: Personal Services $ 2,890,000.00 Operating Expenses $ 963,300.00 I. Gracewood State School and Hospital. For the cost of operation. 1969-70 $ 8,262,463.00 1970-71 $ 8,262,463.00 Changed object: Personal Services $ 6,812,463.00 J. Medical Assistance Program. For the cost of operation. 1969-70 $ 20,352,337.00 1970-71 $ 20,352,337.00 Changed objects: Personal Services $ 477,592.00 Benefit Payments $ 68,543,000.00 K. 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. 1969-70 $ 1,000,000.00 1970-71 $ 1,000,000.00 Changed object: Operating Expenses $ 10,448,483.00 L. Regular Operations. For the cost of operation. 1969-70 $ 14,618,896.00 1970-71 $ 14,618,896.00 Changed objects: Personal Services $ 9,950,670.00 Operating Expenses $ 5,259,092.00 Grants to County Health Units $ 6,843,399.00 Provided that of the above amount, at least $200,000.00 from Operating Expenses shall be used for Day Care Centers for the Mentally Retarded. M. Southwestern State Hospital. For the cost of operation. 1969-70 $ 5,564,166.00 1970-71 $ 5,564,166.00 Changed object: Personal Services $ 4,209,166.00 N. Water Quality Control Division. For the cost of operation. 1969-70 $ 380,948.00 1970-71 $ 380,948.00 Changed object: Personal Services $ 391,748.00 Provided that for the purpose of receiving Federal matching funds under Titles XVIII and XIX of the Social Security Act, each budget unit 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; and shall have authority to use Title XVIII and Title XIX reimbursements and other project funds in excess of the amounts contemplated in the Governor's Budget Recommendations for 1969-71 for operating expenses and additional personnel as necessary to meet requirements for payment or reimbursement, subject to prior approval by the State Budget Bureau.

Page 917

Section 49. State Nursing Home Board. For the cost of operation. 1969-70 $ 8,738.00 1970-71 $ 8,738.00 Changed objects: Personal Services $ -0- Operating Expenses $ 8,738.00 Notwithstanding any other provisions of law to the contrary the costs of the operations of said board shall be met out of the above appropriation, and the board shall not be authorized and shall not expend any other funds except as set forth herein.

Page 918

HIGHWAYS Section 50. 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 at least 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 Operations For general administrative cost of operating the Highway Department, including equipment and compensation claims. 1969-70 $ 9,325,000.00 1970-71 $ 9,325,000.00 B. Capital OutlayAuthority Lease Rentals. 1969-70 $ 19,900,000.00 1970-71 $ 19,900,000.00 For lease rental obligations of the 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 Betterments Planning and Construction. For State matching participation in costs of construction, reconstruction, improvement in highways, and highway planning, in cooperation with the Federal government, including all cost items incident thereto. Funds appropriated for 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. 1969-70 $ 43,436,344.00 1970-71 $ 43,436,344.00 Planning and Construction. 1969-70 $ 55,322,393.00 1970-71 $ 55,322,393.00 Changed object: Capital Outlay $127,200,853.00 D. Grants to counties. For grants to counties for aid in county road construction and maintenance. 1969-70 $ 4,817,013.03 1970-71 $ 4,817,013.03 E. For grants to counties for aid in county road construction and maintenance. 1969-70 $ 4,500,000.00 1970-71 $ 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.

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OTHER Section 51. Grants to Counties and Municipalities. A. Grants to Municipalities. For grants to municipalities in accordance with the Act approved March 31, 1965 (Ga. Laws 1965, p. 458), as amended. 1969-70 $ 9,317,000.00 1970-71 $ 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. B. Grants to counties. 1969-70 $ 2,450,000.00 1970-71 $ 2,450,000.00 Changed objects: Operating Expenses: Grants to Counties $ 2,450,000.00 For grants to counties in accordance with the Act approved April 21, 1967 (Ga. Laws 1967, p. 888). C. Grants to municipalities. 1969-70 $ 3,450,000.00 1970-71 $ 3,450,000.00 Changed objects: Operating Expenses: Grants to municipalities $ 3,450,000.00 For grants to municipalities in accordance with the Act approved April 21, 1967 (Ga. Laws 1967, p. 889).

Page 922

PART IV. MISCELLANEOUS Section 52. Governor's Emergency Fund. There is hereby appropriated as a General Emergency Fund for meeting expenses

Page 923

deemed emergencies by the Governor and to be expended by the Governor in his discretion in any emergency that he may determine requires expenditure of any part of said fund. Expenditures from this fund shall be made in accordance with other provisions of State law and the Constitution. 1969-70 $ 2,000,000.00 1970-71 $ 2,000,000.00 Section 53. Wherever in this Act the term Changed Objects is used, it shall mean that the object classifications following such term shall be changed to the amounts following such object classifications from the amounts listed in the Budget Report therefor. Such changes shall be for both fiscal years. Changed objects defined. Section 54. In addition to these appropriations, there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law. No wholesale distributor of gasoline shall be entitled to a refund covering shrinkage in the process of retailing gasoline as authorized by Act of Georgia General Assembly of 1947 (Ga. Laws 1947, p. 1115), by virtue of the said wholesale distributor being engaged in retailing gasoline. Refunds. Section 55. In accordance with the requirements of Article VII, Section VI, Paragraph Ia of the Constitution of the State of Georgia, as amended, there is

Page 924

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, 1969, 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 payments. 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. Intent. Section 56. 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 Budget Report submitted to the General Assembly at the regular 1969 session, except as otherwise specified in this Act; provided, however, the Director of the Budget is authorized to make internal

Page 925

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 object expenditures of any department, bureau, board, commission, institution or other agency of this State are in violation of this Section or in violation of any amendments properly approved by the Director of the Budget. 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. Budgets, etc. Section 57. In the event it is determined by the Budget Bureau that the total funds

Page 926

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. Laws 1962, p. 17). Budget bureau. 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 1969-70 $ 933,173,883.59 1970-71 $ 929,548,535.59 Section 58. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 28, 1969.

Page 927

PARENTS AND CHILDRIGHTS OF ADOPTED CHILDREN, ETC. No. 654 (Senate Bill No. 11). An Act to amend an Act revising the adoption laws of Georgia, approved March 27, 1941 (Ga. L. 1941, p. 300), as amended, so as to provide for the rights and obligations existing between an adopted child and the child's natural mother or father, who is the spouse of the adopting person; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act revising the adoption laws of Georgia, approved March 27, 1941 (Ga. L. 1941, p. 300), as amended, is hereby amended by striking section 11 in its entirety, and substituting in lieu thereof a new section 11 to read as follows: Section 11. Final order of adoption; inheritance by child from adoptive parents and vice versa. Upon the date appointed by the court for a hearing of the petition for final adoption, or as soon thereafter as the matter may be reached for a hearing, the court shall proceed to a full hearing on the petition and the examination of the parties at interest in chambers, under oath, with the right of adjourning the hearing and examination from time to time as the nature of the case may require. The court at such time shall give consideration to the investigation report and the recommendations therein contained, if such report has been made. If the court is satisfied that the natural parents have just cause to be relieved of the care, support, and guardianship of said child or have abandoned the said child, or are morally unfit to retain the custody of said child, and that the petitioner or petitioners is or are financially able and morally fit to have the care, supervision, training, and education of the child, and that the child is suitable for adoption in a private family home and that the adoption requested is for the best interests of the child, it shall enter an order granting the permanent custody of the child to

Page 928

the petitioner or petitioners or if it is not so satisfied, to refuse such an order and to dismiss the petition. Any person objecting to the entry of a final order of adoption shall file such objections in writing prior to the date assigned for a hearing, which objections shall be passed on by the court at such hearing. If the court shall determine that a final order of adoption shall be entered, the court shall enter a decree of adoption, declaring the said child to be the adopted child of the petitioner and capable of inheriting his estate and also what shall be the name of such child. Thereafter the relation between such person and the adopted child shall be as to their legal rights and liabilities, the relation of parents and child; provided, however, that petitioner or petitioners may inherit from the child that which he acquires or is vested in him subsequent to the final order of adoption, except that which he has acquired or inherited from blood relatives. When the final adoption shall have been granted, the parents of the child shall be divested of all legal rights or obligations from them to the child or from the child to them; and the child shall be free from all obligations of any sort whatsoever to the said natural parents. Provided, however, that where one of the adopting persons is the spouse of the natural father or mother of the child, the assent of such natural father or mother to such adoption, as is required by this Act, or his or her joining in the petition of adoption for the purpose of evidencing such assent, or the final order of adoption, shall not affect in any way the rights and obligations existing between the adopted child and such natural father or mother. Said adopted child shall be considered in all respects as if it were a child of natural bodily issue of petitioner or petitioners, and shall enjoy every right and privilege of a natural child of petitioner or petitioners; and shall be deemed a natural child of petitioner or petitioners to inherit under the laws of descent and distribution in the absence of a will and to take under the provisions of any instrument of testamentary gift, bequest, devise or legacy unless expressly excluded therefrom. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 28, 1969.

Page 929

ACTS, RESOLUTIONS ETC. USING TERM SOLICITOR-GENERAL AMENDED TO USE TERM DISTRICT ATTORNEY. No. 655 (Senate Bill No. 16). An Act to amend all Acts, Resolutions and Code sections in which the phrase Solicitor General appears by striking said phrase and substituting in lieu thereof the phrase District Attorney; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. All Acts, Resolutions and Code sections in which the phrase Solicitor General shall appear are hereby amended by striking therefrom said phrase and substituting in lieu thereof the phrase District Attorney. This provision shall be applicable only to the chief prosecuting officers of the Judicial Circuits of Georgia. Section 2. The provisions of this Act shall become effective upon its approval by the Governor or upon its otherwise becoming law. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 28, 1969. JUDGES AND SOLICITORS RETIREMENT FUND ACT AMENDED. No. 657 (Senate Bill No. 62). An Act to amend an Act known as the Trial Judges and Solicitors Retirement Fund Act, approved March 11, 1968, (Ga. L. 1968, p. 259), so as to exclude from said Act solicitors of city courts of this State, who are entitled

Page 930

to membership in a county pension or retirement fund; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Trial Judges and Solicitors Retirement Fund Act, approved March 11, 1968 (Ga. L. 1968, p. 259), is hereby amended by adding at the end of the last sentence of section 8 (d) the following: Provided, however, that any solicitor of any inferior court of this State, who is entitled to membership in any previously established county pension fund or retirement Act shall be excluded from membership in said Fund. The words `County pension fund or retirement Act' as herein used shall mean only those certain pension and retirement funds heretofore provided for by strictly local bills, applicable to certain named counties. Certain solicitors excluded. Section 2. The effective date of this Act shall be January 1, 1969. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 28, 1969. STATE HIGHWAY DEPARTMENTREGULATIONS REGARDING INSTALLATION OF UTILITY EQUIPMENT. Code 95-1504 Amended. No. 660 (Senate Bill No. 85). An Act to amend Code section 95-1504, relating to the powers and duties of the State Highway Department, as amended by an Act approved December 11, 1953 (Ga. L. 1953, Nov. Sess., p. 127), so as to provide that the State Highway

Page 931

Department is authorized to make reasonable regulations for the installation, construction, maintenance, repair, renewal, removal, and relocation of pipes, mains, conduits, cables, wires, poles, towers, and other equipment and appliances of any utility in, on, along, over or under any project which the State Highway Department has undertaken, agreed to undertake, or which has been completed by the department pursuant to its authority; to define the term utility; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 95-1504, relating to the powers and duties of the State Highway Department, as amended by an Act approved December 11, 1953 (Ga. L. 1953, Nov. Sess., p. 127), is hereby amended by adding at the end thereof the following: The State Highway Department is authorized to make reasonable regulations for the installation, construction, maintenance, repair, renewal, removal, and relocation of pipes, mains, conduits, cables, wires, poles, towers, and other equipment and appliances of any utility in, on, along, over or under any project which the State Highway Department has undertaken, agreed to undertake, or which has been completed by the department pursuant to its authority., so that when so amended, Code section 95-1504 shall read as follows: 95-1504. Control of highway work; designation of State-aid roads, funds. The powers and duties of the State Highway Department shall be as follows: to have charge and control of all road or highway work designated or provided for, or done by the State or upon the State-aid roads; to designate, improve, supervise, construct and maintain a system of State-aid roads; to have control, charge, and supervision of the expenditures of all funds appropriated or provided for highway or road work by the State, or which may be a part of the State-aid road fund; to provide for

Page 932

surveys, maps, specifications, and other things necessary in designating, supervising, locating, improving, constructing or maintaining said State-aid roads, or such other public roads as provided for under Chapters 95-15 to 95-17; to secure consulting advisers in important technical matters, including the qualifications of technical employees; to employ clerical assistance and incur other expenses, including necessary equipment and office rent; to pay the compensation and expenses of all officials and employees of the State Highway Department; and to provide for such other expenses as may come under, or be in harmony with the provisions of Chapters 95-15 to 95-17. The State Highway Department is authorized to construct and maintain such main outlet canals and ditches as will in its discretion provide drainage of roadbeds and bridges in this State. Local soil conservation districts shall cooperate in such work and furnish engineering data, surveys, and assist in the supervision of construction. The State Highway Department is authorized to make reasonable regulations for the installation, construction, maintenance, repair, renewal, removal, and relocation of pipes, mains, conduits, cables, wires, poles, towers and other equipment and appliances of any utility in, on, along, over or under any project which the State Highway Department has undertaken, agreed to undertake, or which has been completed by the department pursuant to its authority. Section 2. As used in this Act, the term utility shall mean and include all publicly-, privately-, or cooperatively- owned lines, facilities, and systems for producing, transmitting or distributing communications, power, electricity, light, heat, gas, oil products, water, steam, waste, storm water not connected with highway drainage, and other similar services or commodities, including publicly-owned fire and police signals and street lighting systems, which directly or indirectly serve the public or any part thereof. Utility defined. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 28, 1969.

Page 933

GEORGIA SCENIC RIVERS ACT OF 1969. No. 661 (Senate Bill No. 90). An Act to provide for a Georgia Scenic Rivers System; to designate rivers or sections of rivers to be studied for inclusion in the system; to prescribe the powers and duties of the State Council for the Preservation of Natural Areas in connection with such studies and the acquisition of interests in land; to provide for cooperative studies with other governmental agencies; 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. This Act shall be known and may be cited as the Georgia Scenic Rivers Act of 1969. Short title. Section 2. Unless clearly indicated otherwise by the context, the following terms shall have the meanings ascribed to them: (a) Scenic River means certain rivers or sections of rivers of the State of Georgia which have valuable scenic, recreational or natural characteristics which should be preserved for the benefit and enjoyment of present and future generations. (b) Council shall mean the State Council for the Preservation of Natural Areas established by an Act approved March 10, 1966 (Ga. L. 1966, p. 330), as now or hereafter amended. Definitions. (c) River means a flowing body of water or a section, portion or tributary thereof, including rivers, streams, creeks, branches or small lakes. (d) Free-flowing, as applied to any river or section of a river, means existing or flowing in natural condition without impoundment, diversion, straightening, rip-rapping, or other modification of the waterway.

Page 934

(e) Scenic Easement means an interest in land which limits the use of land along the shoreline of a Scenic River for the purpose of protecting the scenic, recreational or natural characteristics of the area. Section 3. The Georgia Scenic River System shall comprise each river or section of a river hereafter designated a Scenic River by Act of the General Assembly. Scenic river system. Section 4. (a) The Council shall study and from time to time recommend to the Governor and General Assembly rivers or sections of rivers to be considered for designation as Scenic Rivers. Each recommendation shall be accompanied by a report showing the proposed area, classification, the characteristics which qualify the river or section of river for designation as a Scenic River, ownership and use of land in the area, the State Agency by which the area should be administered, the estimated costs of acquiring fee title and scenic easements and of administering the area as a Scenic River. The Council may conduct such studies in cooperation with appropriate agencies of the State of Georgia and the United States, and may apply for and receive funds therefor from the Land and Water Conservation Fund and other federal sources, provided, however, such studies and/or projects must first be approved by the person or persons appointed by the Governor for liaison purposes with certain federal agencies under the terms of Public Law 90-542 (82STAT. 906), approved October 2, 1968, said law having been designated the Wild and Scenic Rivers Act. Duties of council. (b) The Council shall proceed to make a study of each of the following rivers and make a report of its findings and recommendations to the Governor and the General Assembly: (1) Suwanee River. From its source in the Okefenokee Swamp to point where it flows out of the State of Georgia. (2) Chattooga River. The section of the river within the State of Georgia.

Page 935

(c) Each Scenic River together with the land lying within its authorized boundary, as established by the General Assembly, shall be classified as one of the following: (1) Natural River Areas. Free-flowing rivers or sections of rivers generally inaccessible except by trail, with shorelines undeveloped and unused. (2) Pastoral River Areas. Free-flowing rivers or sections of rivers accessible by roads, with shorelines mostly undeveloped and unused. (3) Recreational River Areas. Free-flowing rivers or sections of rivers accessible by roads, with limited development along the shorelines. Section 5. After designation of any river or section of a river as a Scenic River by the General Assembly pursuant to section 3 hereof: (a) No dam, reservoir or other structure impending the natural flow of the waterway shall be constructed, operated or maintained in such river or section of river so designated as a Scenic River, unless specifically authorized by an Act of the General Assembly. Preservation of scenic rivers. (b) The Council may acquire by purchase, gift, grant, bequest, devise, lease or otherwise fee title or any lesser interest in the land lying within the authorized boundary of such river or section of river hereafter so designated as a Scenic River. Any interest in land acquired by the Council pursuant to this Section shall be transferred to such governmental agency as the General Assembly may by Act direct. Section 6. If any part of this Act shall be declared unconstitutional by any court of competent jurisdiction, such ruling shall not affect the validity of the remaining parts, sections or portions of the Act, it being the legislative intent to enact each part and each section hereof separately. Severability.

Page 936

Section 7. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 28, 1969. STATE BOARD OF PHARMACYREVOCATION OF LICENSES. Code 79A-408 Amended. No. 662 (Senate Bill No. 91). An Act to amend Code section 79A-408, relating to the suspension or revocation of licenses of pharmacists, so as to change the grounds for the revocation of licenses of pharmacists by the State Board of Pharmacy; 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 79A-408, relating to the suspension or revocation of licenses of pharmacists, is hereby amended by striking said Code section in its entirety and inserting in lieu thereof a new Code section to read as follows: 79A-408. Suspension or revocation of licenses. The State Pharmacy Board shall have the power to suspend or revoke any license issued under this Chapter or to reprimand the holder thereof when such holder shall have: (1) Become unfit or incompetent to practice pharmacy by reason of: (a) Intemperance in the use of ardent spirits, narcotics, or habit-forming drugs or stimulants; or

Page 937

(b) Any abnormal physical or mental condition which threatens the safety of persons to whom such person may compound or dispense prescriptions, drugs or devices or for whom he might manufacture, prepare, or package or supervise the manufacturing, preparation or packing of prescriptions, drugs or devices. (2) Been convicted in any courts of this State or of any other State or of the United States of a felony or any other crime involving moral turpitude. (3) Been convicted of any misdemeanor punishable under this title or have been convicted of any other crime under the laws of the United States or any other State having to do with the control of pharmacists, pharmacies and drugs. (4) Been adjudicated to be mentally ill or insane. (5) Failed to comply with rules of professional conduct. (6) Violated any of the provisions of this title. (7) Violated any rules and regulations promulgated by the State Board of Pharmacy. (8) Promoted to the public in any manner a drug which may be dispensed only pursuant to prescription. (9) Regularly employed the mails to sell, distribute, and deliver a drug which requires a prescription when the prescription for such articles has been received by mail. (10) Dispensed or caused to be dispensed a different drug or brand of drug in place of the drug or brand of drug ordered or prescribed, without the express permission in each case of the person ordering or prescribing the same. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date.

Page 938

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 28, 1969. STATE DEPARTMENT OF FAMILY AND CHILDREN SERVICESREIMBURSEMENT OF COUNTIES. No. 663 (Senate Bill No. 95). An Act to authorize and empower the State Department of Family and Children Services to reimburse the county commissioners or the constituted fiscal or financial agent of any county 100% of the administrative expenses incurred by any employee of the County Department of Family and Children Services who has been assigned full-time by the State Department of Family and Children Services to work in a State institution located in such county. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same: Section 1. The State Department of Family and Children Services is hereby authorized and empowered to reimburse the county commissioners or the constituted fiscal or financial agent of any county 100% of the administrative expenses incurred by any employee of the County Department of Family and Children Services who has been assigned full-time by the State Department of Family and Children Services to work in a State institution located in such county. Section 2. All laws or parts of laws in conflict with this Act are hereby repealed. Approved April 28, 1969.

Page 939

DEPARTMENT OF FAMILY AND CHILDREN SERVICESEMERGENCY MEDICAL CARE FOR CHILDREN. No. 664 (Senate Bill No. 96). An Act to amend an Act approved March 14, 1963 (Ga. L. 1963, pp. 81-121), so as to authorize the Division for Children and Youth of the State Department of Family and Children Services to provide medical, hospital, surgical, or dental services when needed on an emergency basis without securing prior consent of parents or legal guardians of children under 21 years of age. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same: Section 1. Section 11, paragraph (i) of the Children and Youth Act of 1963 is hereby amended by striking the period at the end of the first sentence of said section and substituting in lieu thereof a semicolon and the following words: Provided however, such medical, hospital, surgical, or dental services may be provided to those children subject to the provisions of this Act on an emergency basis and without securing prior consent of parents or legal guardians of children under 21 years of age, so that said sentence, as amended, shall read as follows: The Division is authorized to provide medical, hospital, surgical, or dental services, or payment of the costs of such services as may be needed in connection with services and care rendered as provided in this section of this Act; provide however, such medical, hospital, surgical, or dental services may be provided to those children subject to the provisions of this Act on an emergency basis and without securing prior consent of parents or legal guardians of children under 21 years of age, provided that no sterilization procedure shall be performed under the provisions of this Act. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 28, 1969.

Page 940

STATE SUPERVISOR OF PURCHASESPURCHASES FOR SUBDIVISIONS OF STATE. No. 666 (Senate Bill No. 104). An Act to amend an Act authorizing the Superintendent of Purchases to permit local political subdivisions to make purchases through the State's purchasing facilities, approved April 10, 1968 (Ga. L. 1968, p. 1352), so as to authorize the purchase of motor vehicles, material, equipment, and supplies for political subdivisions in the name of the State; to authorize the Superintendent of Purchases to convey title in such motor vehicles, material, equipment, and supplies to such political subdivisions; to provide the procedures connected therewith; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act authorizing the Superintendent of Purchases to permit local political subdivisions to make purchases through the State's purchasing facilities, approved April 10, 1968 (Ga. L. 1968, p. 1352), is hereby amended by adding between sections 3 and 4 a new section to be numbered section 3A and to read as follows: Section 3A. Notwithstanding any provisions of any other laws to the contrary, the Supervisor of Purchases, upon receiving a request to do so from a political subdivision, may purchase for such political subdivision in the name of the State any motor vehicle, material, equipment, and supplies desired by such political subdivision. The Supervisor of Purchases is hereby authorized to prescribe such rules, regulations and procedures as he shall deem advisable concerning the purchase of motor vehicles, material, equipment, and supplies for such political subdivisions. However, no such motor vehicle, material, equipment, and supplies shall be purchased in accordance with the provisions of this Section until the political subdivision shall place in the hands of the Supervisor of Purchases a certified or cashier's check in an amount sufficient to cover the purchase price of such motor vehicle, material, equipment,

Page 941

and supplies. The Supervisor of Purchases is authorized and empowered to execute the necessary documents to divest the State of Georgia of all title in and to such motor vehicles, material, equipment, and supplies, and to vest in the political subdivision for whom such motor vehicle, material, equipment, and supplies was purchased all such rights in and title to said vehicles, material, equipment, and supplies. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 28, 1969. AGRICULTUREMAXIMUM RATE OF TOBACCO SALES AT WAREHOUSES. No. 667 (Senate Bill No. 113). An Act to amend an Act relating to the sale of flue-cured leaf tobacco in this State, approved March 7, 1960 (Ga. L. 1960, p. 214), as amended, so as to change the maximum rate of sales of tobacco at any warehouse; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act relating to the sale of flue-cured leaf tobacco in this State, approved March 7, 1960 (Ga. L. 1960, p. 214), as amended, is hereby amended by striking section 12 in its entirety and inserting in lieu thereof a new section 12 to read as follows: Section 12. The maximum rate of sales at any such warehouse shall not exceed five hundred (500) baskets during any one (1) hour nor shall the rate of sales during any one (1) day or week exceed five hundred (500) baskets per hour.

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 28, 1969. REVENUEAPPEALS FROM ASSESSMENTS OF ARBITRATORS. Code 92-6912 Amended. No. 668 (Senate Bill No. 114). An Act to amend Code section 92-6912, relating to arbitration, as amended, so as to provide for an appeal of the arbitrators' decision to the superior court of the county in which the land lies by either the taxpayer or the board of tax assessors under certain conditions; to provide the procedure connected therewith; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 92-6912, relating to arbitration, as amended, is hereby amended by adding at the end thereof the following: The taxpayer or the board of tax assessors may appeal the arbitrators' decision to the superior court of the county in which the land lies any time the difference between the valuation of the board of tax assessors and the valuation of the arbitrators exceeds the sum of $1,000.00. The appeal shall be filed with the clerk of the superior court within 30 days after the arbitrators' decision is filed with the board of tax assessors. The appeal shall constitute a de novo action and shall be heard before a jury at the first term following the filing of the appeal. The board of tax assessors shall use the valuation of the arbitrators in compiling the tax digest for the county. However, if the said court disagrees with the valuation of the arbitrators and fixes a different valuation on the property, the taxpayer shall

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receive a deduction in his taxes for the year in question if the valuation fixed by the judgment of said court is less than the valuation of the arbitrators. However, if the valuation of the said court is more than the valuation of the arbitrators, the taxpayer shall be liable for the increase in taxes for the year in question as a result of the increased valuation fixed by the said court. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 28, 1969. GUARDIAN AND WARDPREFERENCE OF SPOUSE AS GUARDIAN. Code 49-602 Amended. No. 669 (Senate Bill No. 125). An Act to amend Code section 49-602, relating to the appointment of the wife as guardian, so as to provide when a spouse shall have preference in the appointment as guardian; to provide that where a wife is guardian of a spouse, her bond and acts shall be as if she were a femme sole; 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 49-602, relating to the appointment of the wife as guardian, is hereby amended by striking said Code section in its entirety and inserting in lieu thereof a new Code section 49-602 to read as follows: 49-602. Spouse may be guardian. A spouse, either husband or wife, shall have preference in the appointment as guardian, except in cases where a husband and wife are living in a bona fide state of separation at the time the application is filed. If a wife is appointed as guardian, her

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bond and all acts as guardian shall be held and considered as if she were a femme sole. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 28, 1969. ACT PROVIDING FOR VENDING STAND OPERATION BY DISABLED PERSONS AMENDED. No. 670 (Senate Bill No. 116). An Act to amend an Act authorizing the operation of vending stands in State buildings by blind or otherwise seriously disabled persons, approved February 13, 1956 (Ga. L. 1956, p. 52), so as to provide for a definition of the term State property; to change the definition of the term vending stand; to provide for all matters relative to 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 authorizing the operation of vending stands in State buildings by blind or otherwise seriously disabled persons, approved February 13, 1956 (Ga. L. 1956, p. 52), is hereby amended by striking section 3 in its entirety and by renumbering sections 1 and 2 as sections 2 and 3, respectively, and by adding a new section to be designated section 1 and to read as follows: Section 1. As used in this Act, the following terms shall have the following meanings: (a) The term `State property' means any building, land, or other real property owned, leased or occupied by any department, commission,

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board, bureau, agency, public corporation or other instrumentality of the State of Georgia, including, but not limited to, the Georgia Building Authority, and any other real property in which the State of Georgia has a legal or beneficial interest. Provided, however, the term `State property' shall not include any property, real or personal, owned or leased or otherwise under the jurisdiction of the Board of Regents of the University System; the State Building Authority (University), and any county or independent school system of this State. Definitions. (b) The term `vending stand' means vending facilities, vending machines, snack bars, cart service, shelters, counters, and such other appropriate facilities and equipment as may be necessary for the sale of articles or services by licensed blind or otherwise seriously disabled persons, as prescribed by rules and regulations adopted by the Division of Vocational Rehabilitation of the State Department of Education. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 28, 1969. STATEWIDE PROBATION ACT AMENDEDRULES AND REGULATIONS. No. 671 (Senate Bill No. 127). An Act to amend an Act known as the Statewide Probation Act, approved February 8, 1956 (Ga. L. 1956, p. 27), as amended, particularly by an Act approved March 17, 1967 (Ga. L. 1967, p. 86), so as to provide that certain rules and regulations promulgated by the Director of Probation and approved by the State Board

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of Probation shall be adopted, established, promulgated, amended, repealed, filed and published in accordance with the applicable provisions and procedure as set forth in the Georgia Administrative Procedure Act, approved March 10, 1964 (Ga. L. 1964, p. 338), as the same may now or hereafter be amended; to provide that the courts shall take judicial notice of any such rules and regulations; to provide for definitions; 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 Statewide Probation Act, approved February 8, 1956 (Ga. L. 1956, p. 27), as amended, particularly by an Act approved March 17, 1967 (Ga. L. 1967, p. 86), is hereby amended by adding at the end of section 4 the following: All rules and regulations adopted pursuant to the provisions of this section shall be adopted, established, promulgated, amended, repealed, filed and published in accordance with the applicable provisions and procedure as set forth in the `Georgia Administrative Procedure Act', approved March 10, 1964 (Ga. L. 1964, p. 338), as the same may now or hereafter be amended, and the courts shall take judicial notice of any such rules or regulations. For the purposes of this section, the words `rules and regulations' shall have the same meaning as the word `Rule' as said word is defined in subsection (f) of section 1 of the `Georgia Administrative Procedure Act', as amended, particularly by an Act approved March 26, 1965 (Ga. L. 1965, p. 283), except the words `rules and regulations' shall not be construed to include the terms and conditions prescribed by the Director of Probation and approved by the State Board of Probation to which a person paroled may be subjected., so that when so amended section 4 shall read as follows: Section 4. It shall be the duty of the Director of Probation to supervise and direct the work of the Circuit Probation Officers hereinafter provided for, to keep accurate

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files and records on all probation cases and persons on probation, to act as the Deputy Compact Director, and to promulgate rules and regulations necessary to effectuate the purposes of this Act. The rules and regulations promulgated by the Director of Probation shall be subjejct to the final approval of the State Board of Probation. Director of Probation. All rules and regulations adopted pursuant to the provisions of this section shall be adopted, established, promulgated, amended, repealed, filed and published in accordance with the applicable provisions and procedure as set forth in the `Georgia Administrative Procedure Act', approved March 10, 1964 (Ga. L. 1964, p. 338), as the same may now or hereafter be amended, and the courts shall take judicial notice of any such rules or regulations. Rules. For the purposes of this section, the words `rules and regulations' shall have the same meanings as the word `Rule' as said word is defined in subsection (f) of section 1 of the `Georgia Administrative Procedure Act', as amended, particularly by an Act approved March 26, 1965 (Ga. L. 1965, p. 283), except the words `rules and regulations' shall not be construed to include the terms and conditions prescribed by the Director of Probation and approved by the State Board of Probation to which a person paroled may be subjected. Intent. Section 2. The provisions of this Act shall become effective on December 31, 1969. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 28, 1969.

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STATE BOARD OF PARDONS AND PAROLESRULES AND REGULATIONS. No. 672 (Senate Bill No. 128). An Act to amend an Act relating to the powers and duties of the State Board of Pardons and Paroles, approved February 5, 1943 (Ga. L. 1943, p. 185), as amended, particularly by an Act approved March 18, 1964 (Ga. L. 1964, p. 487), so as to provide that certain rules and regulations adopted and promulgated by the State Board of Pardons and Paroles shall be adopted, established, promulgated, amended, repealed, filed and published in accordance with the applicable provisions and procedure as set forth in the Georgia Administrative Procedure Act, approved March 10, 1964 (Ga. L. 1964, p. 338), as the same may now or hereafter be amended; to provide that the courts shall take judicial notice of any such rules and regulations; to provide for definitions; 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 powers and duties of the State Board of Pardons and Paroles, approved February 5, 1943 (Ga. L. 1943, p. 185), as amended, particularly by an Act approved March 18, 1964 (Ga. L. 1964, p. 487), is hereby amended by adding at the end of section 23 the following: All rules and regulations adopted pursuant to the provisions of this section shall be adopted, established, promulgated, amended, repealed, filed and published in accordance with the applicable provisions and procedures as set forth in the `Georgia Administrative Procedure Act', approved March 10, 1964 (Ga. L. 1964, p. 338), as the same may now or hereafter be amended, and the Courts shall take judicial notice of any such rules or regulations. For the purposes of this section, the words `rules and regulations' shall have the same meaning as the word

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`Rule' as said word is defined in subsection (f) of section 1 of the `Georgia Administrative Procedure Act', as amended, particularly by an Act approved March 26, 1965 (Ga. L. 1965, p. 283), except the words `rules and regulations' shall not be construed to include the terms and conditions prescribed by the State Board of Pardons and Paroles to which a person paroled by the Board may be subjected., so that when so amended section 23 shall read as follows: Section 23. The Board may adopt and promulgate rules and regulations, not inconsistent with the provisions of this Chapter, touching all matters herein dealt with, including, among others the practice and procedure in matters pertaining to paroles, pardons, probations and remission of fines and forfeitures. Such rules and regulations shall contain an eligibility requirement for parole which shall set forth the time when the automatic initial consideration of inmates under the jurisdiction of the Department of Corrections for parole shall take place and also the times at which periodic reconsideration thereafter shall take place, which consideration shall be automatic and no written or formal application shall be required; provided, however, that such an inmate serving a misdemeanor sentence or misdemeanor sentences shall only be eligible for consideration for parole after the expiration of six months of his sentence or sentences or one-third of the time of his sentence or sentences whichever is greater; and provided further, that such an inmate serving a felony sentence or felony sentences shall only be eligible for consideration for parole after the expiration of nine months of his sentence or one-third of the time of such sentences whichever is greater; and provided further that inmates serving sentences aggregating twenty-one years or more shall become eligible for consideration for parole upon completion of the service of seven years. The Board shall adopt rules and regulations governing the granting of other forms of clemency which shall include pardons, reprieves, commutation of penalties, removal of disabilities imposed by law, and the remission of any part of a sentence, and shall prescribe the procedure to be followed in applying for them. Applications for granting of such other forms of clemency and for exceptions to parole eligibility rules established by statute

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or promulgated by the Board shall be made in such manner as the Board shall direct by rules and regulations. Rules. All rules and regulations adopted pursuant to the provisions of this section shall be adopted, established, promulgated, amended, repealed, filed and published in accordance with the applicable provisions and procedure as set forth in the `Georgia Administrative Procedure Act', approved March 10, 1964 (Ga. L. 1964, p. 338), as the same may now or hereafter be amended, and the courts shall take judicial notice of any such rules or regulations. Rules. For the purposes of this section, the words `rules and regulations' shall have the same meaning as the word `Rule' as said word is defined in subsection (f) of section 1 of the `Georgia Administrative Procedure Act', as amended, particularly by an Act approved March 26, 1965 (Ga. L. 1965, p. 283), except the words `rules and regulations' shall not be construed to include the terms and conditions prescribed by the Board of Pardons and Paroles to which a person paroled by the Board may be subjected. Intent. Section 2. The provisions of this Act shall become effective on December 31, 1969. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 28, 1969. COMPENSATION OF DISTRICT ATTORNEYS IN CERTAIN COUNTIES (135,000-140,000). No. 675 (Senate Bill No. 143). An Act to provide that in all counties of this State having a population of not less than 135,000 nor more than 140,000 according to the United States Decennial Census of 1960 or any future such census, the district attorney of the Judicial Circuit of such counties shall receive an

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additional compensation from such counties; to supplement the salary of said district attorney paid by the State as provided in An Act to provide a salary payable from State funds for each solicitor general, etc., Georgia Laws 1968 Session, pages 992-995, or any Act amending said Act; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. In all counties of this State having a population of not less than 135,000 or more than 140,000 according to the United States Decennial Census of 1960 or any future such census, the district attorney of the Judicial Circuit in which such counties are located shall be paid in addition to the salary he receives by the State as provided in An Act to provide a salary payable from State funds for each solicitor general, etc., Georgia Laws 1968 Session, pages 992-995, or any Act amending said Act, an additional compensation out of the treasury of such counties in the amount of $4,000.00 per annum. Said amount shall be payable in equal monthly installments. Section 2. This Act shall become effective as of July 1, 1969. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 28, 1969. AUGUSTA JUDICIAL CIRCUITCHIEF ASSISTANT DISTRICT ATTORNEY. No. 676 (Senate Bill No. 144). An Act to amend an Act abolishing the fee system for the district attorney of the Augusta Judicial Circuit and placing him on an annual salary, approved August 18, 1919 (Ga. L. 1919, p. 545), as amended, particularly by an

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Act approved March 1, 1965 (Ga. L. 1965, p. 80), and an Act approved April 18, 1967 (Ga. L. 1967, p. 795), so as to change the compensation of the chief assistant district attorney; 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 abolishing the fee system for the district attorney of the Augusta Judicial Circuit and placing him on an annual salary, approved August 18, 1919 (Ga. L. 1919, p. 545), as amended, particularly by an Act approved March 1, 1965 (Ga. L. 1965, p. 80), and an Act approved April 18, 1967 (Ga. L. 1967, p. 795), is hereby amended by striking section 5A in its entirety, and inserting in lieu thereof a new section 5A, to read as follows: Section 5A. The district attorney of the Augusta Judicial Circuit is authorized to appoint a chief assistant district attorney who shall serve at the pleasure of said district attorney. Said assistant shall discharge such duties as shall be assigned to him by the district attorney in connection with the discharge of the official duties of the district attorney of the Augusta Judicial Circuit. The chief assistant district attorney of the Augusta Judicial Circuit shall receive an annual salary of nine thousand six hundred sixty ($9,660.00) dollars. Said salary shall be paid in equal monthly installments from funds of the counties comprising the Augusta Judicial Circuit in the following manner: Chief assistant district attorney. Richmond County $7,660.00 Columbia County $1,000.00 Burke County $1,000.00 Said chief assistant district attorney must have been a resident of the circuit of his appointment for a period of at least one year prior to his appointment, shall be at least twenty-one years of age at the time of assuming the office, and shall have been engaged in the practice of law for a period of at least two years prior to his appointment. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

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Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Pursuant to provision of Article III, Section VII, Paragraph XV, of the Constitution of Georgia, 1945, Annotated Code of Georgia 1933, Code Section 2-1915, notice is hereby given of intention to apply at the next regular session of the General Assembly of the State of Georgia, which will convene on the second Monday in January, 1969, for the enactment of local legislation to amend the Act entitled Augusta Judicial CircuitCompensation of Chief Assistant Solicitor General, Georgia Laws, 1967, pages 795-796, which said Act amended Georgia Laws, 1919, pages 545-549, and Georgia Laws, 1965, pages 80-81. This 20th day of January, 1969. /s/ R. William Barton District Attorney Augusta Judicial Circuit Sworn to and subscribed before me, this 20th day of January, 1969. /s/ Peggy A. Barnes, Notary Public Richmond County, Georgia State of Georgia, Richmond County. Personally appeared, W. S. Morris III, who being duly sworn says that he is an officer of Southeastern Newspapers Corporation, publishers of The Augusta Herald a daily newspaper in Augusta, in said State and County, and that the advertisement notice of intention to introduce local legislation duly appeared in said newspaper on the following dates to wit: January 24, 31; February 7, 1969. /s/ W. S. Morris III President Publisher

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Sworn to and subscribed before me, this 7th day of February, 1969. /s/ Katie Broadwater, Notary Public, Richmond County, Georgia. My Commission expires Jan. 11, 1972. Approved April 28, 1969. BONDS OF CONTRACTORS CONTRACTING WITH COUNTIES. Code 23-1704 Amended. No. 677 (Senate Bill No. 150). An Act to amend Code section 23-1704, relating to the bonds required of contractors contracting with the county, as amended, so as to provide that the requirements of certain Code sections shall not apply to the building or repairing of any public bridge, building, or other work when the same can be done at a less cost than $1,500; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 23-1704, relating to the bonds required of contractors contracting with the county, as amended, is hereby amended by striking therefrom the figure $300 and inserting in lieu thereof the figure $1,500, so that when so amended, said Code section shall read as follows: 23-1704. Contractors to give bond. Contractors who are awarded contracts shall be required to give bond in double the amount of the bid, with one good and solvent security, for the faithful performance of the contract, and to indemnify the county for any damages occasioned by a failure to perform the same within the prescribed time. It shall be unlawful to let out any contract for building or repairing

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any public building, bridge, or other public work, unless the provisions of the three preceding Sections are complied with; and any contractor doing, or having done, any work of the kind in any other manner shall not be entitled to receive any pay therefor: Provided, that the requirements of these Sections shall not apply to the building or repairing of any public bridge, building, or other work when the same can be done at a less cost than $1,500, but such officer may have such work of building or repairing done by hiring hands and furnishing materials: Provided, further, that in any county having a public works camp the county commissioners of such county, or other persons having charge of such works, shall have the power and authority to purchase material for, and use the convicts in, building or repairing any public building, bridge, causeway, or other public works in such county, and in such cases sections 23-1701 to 23-1703 shall not apply: Provided, further, in the event the labor used, or to be used, in building or repairing any public building, bridge, causeway, or other public works in any county is furnished, at no expense, to the county by the State or Federal Government, or any agency thereof, the county commissioner or commissioners, or other persons having charge of such works, shall have the power and authority to purchase material for and use the labor furnished free to the county, as aforesaid, and in such case said sections 23-1701 to 23-1703 shall not apply. Where such material is purchased and such work done with the convicts, or labor so furnished as aforesaid, the county authorities of such county may use the funds of said county arising from taxes levied for such purposes in purchasing said materials and in supporting and maintaining the convicts while said work is being done. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 28, 1969.

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UNIFORM COMMERCIAL CODE AMENDEDCHARGE BACKS BY BANKS. Code 109A-4-212 Amended. No. 678 (Senate Bill No. 156). An Act to amend Code section 109A-4-212, relating to the right of charge-back or refund by a bank, so as to provide that an intermediary or payor bank may return an unpaid item directly to the depositary bank and may send for collection a draft on the depositary bank and obtain reimbursement; 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 109A-4-212, relating to the right of charge-back or refund by a bank, is hereby amended by striking said Code section in its entirety and inserting in lieu thereof a new Code section 109A-4-212 to read as follows: 109A-4-212. Right of charge-back or refund. (1) If a collecting bank has made provisional settlement with its customer for an item and itself fails by reason of dishonor, suspension of payments by a bank or otherwise to receive a settlement for the item which is or becomes final, the bank may revoke the settlement given by it, charge back the amount of any credit given for the item to its customer's account or obtain refund from its customer whether or not it is able to return the items if by its midnight deadline or within a longer reasonable time after it learns the facts it returns the item or sends notification of the facts. These rights to revoke, charge back and obtain refund terminate if and when a settlement for the item received by the bank is or becomes final (subsection (3) 109A-4-211 and subsections (2) and (3) 109A-4-213). (2) Within the time and manner prescribed by this Section and Section 109A-4-301, an intermediary or payor bank, as the case may be, may return an unpaid item directly to

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the depositary bank and may send for collection a draft on the depositary bank and obtain reimbursement. In such case, if the depositary bank has received provisional settlement for the item, it must reimburse the bank drawing the draft and any provisional credits for the item between banks shall become and remain final. (3) A depositary bank which is also the payor may charge back the amount of an item to its customer's account or obtain refund in accordance with the Section governing return of an item received by a payor bank for credit on its books (109A-4-301). (4) The right to charge back is not affected by (a) prior use of the credit given for the item; or (b) failure by any bank to exercise ordinary care with respect to the item but any bank so failing remains liable. (5) A failure to charge back or claim refund does not affect other rights of the bank against the customer or any other party. (6) If credit is given in dollars as the equivalent of the value of an item payable in a foreign currency the dollar amount of any charge-back or refund shall be calculated on the basis of the buying sight rate for the foreign currency prevailing on the day when the person entitled to the charge-back or refund learns that it will not receive payment in ordinary course. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 28, 1969.

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BANKS AND BANKINGUSE OF AUTHORIZED BUT UNISSUED STOCK. Code 13-912 Amended. No. 679 (Senate Bill No. 157). An Act to amend Code section 13-912, relating to common stock, preferred stock, capital stock, capital, and stock options, as amended by an Act approved April 8, 1968 (Ga. L. 1968, p. 1045), so as to provide for an increase in the common stock of a bank in the category of authorized but unissued stock; to provide that authorized but unissued common stock may be issued from time to time for such purposes and considerations as may be approved by the board of directors of the bank and the Superintendent of Banks; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 13-912, relating to common stock, preferred stock, capital stock, capital, and stock options, as amended by an Act approved April 8, 1968 (Ga. L. 1968, p. 1045), is hereby amended by striking subsection (e) of said Code section in its entirety and inserting in lieu thereof a new subsection (e) of Code section 13-912 to read as follows: (e) Authorized But Unissued Stock; Use Of. Any bank, with the approval of the Superintendent of Banks and by a vote of stockholders owning two-thirds of the stock of the bank entitled to vote, may authorize an increase in the common stock of the bank in the category of unauthorized but unissued stock for the purpose of converting capital notes or debentures, or for the purpose of consummating the sale of stock pursuant to the exercise of stock options, or for such other purposes and considerations as may be approved by the board of directors of the bank and the Superintendent of Banks. Whenever it is provided in this Act that common stock be used, such common stock shall be that authorized by amendment to the charter of the bank but not

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issued and sold at the time of such amendment to the charter. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 28, 1969. NUMBER OF COPIES OF MARRIAGE LICENSES. Code 88-1719 Amended. No. 680 (Senate Bill No. 164). An Act to amend Code section 88-1719, relating to the registration of marriages and the disposition of copies of the marriage licenses, so as to provide for additional copies of the marriage license and the disposition thereof; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 88-1719, relating to the registration of marriages and the disposition of copies of the marriage licenses is hereby amended by adding at the end thereof a new subsection (e) to read as follows: (e) In prescribing the form for a marriage license, the department shall require that the marriage license be prepared with sufficient copies so that in addition to the disposition of the copies of such license as provided above, the parties to the marriage may retain a copy thereof. Section 2. The provisions of this Act shall become effective on July 1, 1969.

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Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 28, 1969. REVENUERETURN OF PROPERTY FOR AD VALOREM TAXATION. No. 681 (Senate Bill No. 165). An Act to amend Code Chapter 92-62, relating to the return of property for ad valorem taxation, as amended, so as to provide that any taxpayer of any county who returned or paid taxes in such county for the preceding tax year who fails to return his property for taxation shall be deemed to have returned for taxation the same property at the same valuation as was returned in the preceding tax year; to provide that any penalty prescribed for the failure of a taxpayer to return his property for taxation shall apply only to such property as the taxpayer shall have acquired since his last tax return; to provide the procedures connected therewith; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 92-62, relating to the return of property for ad valorem taxation, as amended, is hereby amended by inserting between Code sections 92-6202 and 92-6203 a new Code section to be numbered Code section 92-6202.1 and to read as follows: 92-6202.1. Any taxpayer of any county who returned or paid taxes in such county for the preceding tax year and who fails to return his property for taxation as required by this Chapter shall be deemed to have returned for taxation for the current tax year the same property as was returned or deemed to have been returned in the preceding tax year at the same valuation as such property was finally determined to be subject to taxation in the preceding year and shall be deemed to have claimed the same homestead exemption as allowed in the preceding year. Any penalty which is

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prescribed by this Title or any other law for the failure of a taxpayer to return his property for taxation within the time provided by law shall apply only to such property as the taxpayer shall have failed to return for tax on his previous return or property on which improvements have been made since his previous return. Section 2. The provisions of this Act shall become effective on January 1, 1970, and shall apply to all tax years commencing on and after said date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 28, 1969. INVESTMENT OF PROCEEDS OF SALES OF BONDS. No. 682 (Senate Bill No. 182). An Act to amend an Act entitled An Act to authorize the investment or reinvestment from time to time of the proceeds of bonds issued by any county, municipality, school district or other political subdivision of this State; to define the securities in which such funds may be invested or reinvested; to authorize the purchase of such securities at either a premium or a discount; to define the persons who may make such investment or reinvestment; and for other purposes., approved March 27, 1947 (Ga. L. 1947, p. 1173), so as to authorize the investment of bond proceeds in additional types of investments; to authorize the investment of bond proceeds by any authority or other public body corporate and politic created under the Constitution or laws of this State; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to authorize the investment or reinvestment from time to time of the proceeds

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of bonds issued by any county, municipality, school district or other political subdivision of this State; to define the securities in which such funds may be invested or reinvested; to authorize the purchase of such securities at either a premium or a discount; to define the persons who may make such investment or reinvestment; and for other purposes., approved March 27, 1947 (Ga. L. 1947, p. 1173), is hereby amended by striking section 1 in its entirety and inserting in lieu thereof a new section 1 to read as follows: Section 1. The proceeds of any bonds issued by any county, municipality, school district or other political subdivision of this State, or any portion thereof, or any authority or other public body corporate and politic created under the Constitution or laws of this State, may from time to time be invested and reinvested by the governing authorities of such county, municipality, school district, political subdivision, authority or body in the bonds of such county, municipality, school district, political subdivision, authority or body, or in the bonds or obligations of the State of Georgia, or of other counties, municipalities and political subdivisions of Georgia, or in the bonds, or other obligations of the United States or of subsidiary corporations of the United States Government fully guaranteed by such government, or obligations of agencies of the United States Government issued by the Federal Land Bank, Federal Home Loan Bank, Federal Intermediate Credit Bank, and Central Bank for Cooperatives, and no other. Such governing authorities so authorized to invest such funds are authorized, in their discretion, to purchase such securities as an investment at either a premium or a discount and to sell such securities at such time and for such price as such governing authorities may deem advisable. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 28, 1969.

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INVESTMENT OF TRUST FUNDS. Code 108-417 Amended. No. 683 (Senate Bill No. 184). An Act to amend Code section 108-417, relating to investments by trustees, so as to provide for the investment of trust funds by trustees and for matters relative thereto; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 108-417, relating to investments by trustees, is hereby amended by striking said section in its entirety and inserting in lieu thereof a new section 108-417 to read as follows: Any trustee holding trust funds may invest the same in bonds or other securities issued by this State, making a true return of the price paid and time of purchase. Such investments shall be free from taxation as long as held for the trust estate. Trustees are also authorized to invest trust funds in direct and general obligations of the United States Government, obligations unconditionally guaranteed by the United States Government, or obligations of agencies of the United States Government issued by the Federal Land Bank, Federal Home Loan Bank, Federal Intermediate Credit Bank, and Central Bank for Cooperatives. No person, firm, corporation, or association shall be liable to account for a greater rate of interest than the amount actually received on said investment. Any other investments of trust funds shall be made under an order of the superior court, either in term or granted by the judge in vacation, or else at the risk of the trustee. Provided, however, that deposits of funds at interest in any chartered State or national bank or trust company, located in this State, and which is insured by the Federal Deposit Insurance Corporation, shall be deemed investments, and such deposits are authorized as legal investments, to the extent that said deposits are insured by the said Federal Deposit Insurance Corporation, without any order or authority from any court.

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 28, 1969. BANKS AND BANKINGCONVERSION OF REGULATED CERTIFICATED BANKS INTO STATE CHARTERED BANKS. Code Chapter 13-12 Enacted. No. 685 (Senate Bill No. 190). An Act to amend Code Title 13, known as the Banking Law of Georgia, as amended, so as to provide for the conversion of a regulated certificated bank into a State chartered bank; to provide the procedure connected therewith; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Title 13, known as the Banking Law of Georgia, as amended, is hereby amended by adding a new chapter to be known as Chapter 13-12, relating to conversion of a regulated certificated bank into a State chartered bank, to read as follows: CHAPTER 13-12 CONVERSION OF A REGULATED CERTIFICATED BANK INTO A STATE CHARTERED BANK 13-1201. How regulated certificated bank converts into a State chartered bank. Any regulated certificated bank organized and existing under the laws of this State may, by vote of its shareholders of at least two-thirds of its capital stock, convert into a State chartered bank subject to the provisions of this Act.

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13-1202. Procedure for conversion. The plan of conversion must be approved by a majority of the entire board of directors of the converting regulated certificated bank. The board of directors, by resolution, shall call a meeting of the stockholders for the purpose of voting on the plan of conversion. Notice of the meeting shall be mailed to each stockholder, or in case of death, to his legal representative or heirs at law, addressed to his last known residence, at least ten days prior to the date of the meeting. The notice may be waived specifically by any shareholder and such notice may be dispensed with entirely if waived by all of the shareholders of the converting regulated certificated bank. 13-1203. Filing plan with the Superintendent of Banks. When the plan of conversion has received the requisite vote of approval by the directors and shareholders, the converting regulated certificated bank shall file with the Superintendent of Banks, in duplicate, certified copies of the plan of conversion together with certified copies of the resolutions of the directors and shareholders approving the plan. 13-1204. Filing of application with Secretary of State; charter of resulting bank. When copies of the plan of conversion, together with copies of the resolutions of the directors and shareholders approving the conversion shall have been filed in the office of the Superintendent of Banks, the converting regulated certificated bank shall file in the office of the Secretary of State an application in triplicate signed by its chief executive officer and by a majority of the entire board of directors setting forth the following: (1) The name and location of the converting regulated certificated bank with the date of its original certificate and all amendments thereto. (2) The date of the plan of conversion and the dates of the resolutions of the directors and of the shareholders approving the plan of conversion. (3) The name under which the resulting State chartered bank intends to do business and the particular city, town

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or village where its principal office is to be located which shall be the same city, town or village in which the converting regulated certificated bank is located. (4) The amount of capital stock together with the number and class of shares and the par value thereof evidencing said capital stock. (5) The number of directors of the resulting State chartered bank. (6) The purposes and nature of the business to be conducted, with any other matters which it may deem desirable or pertinent to state. Said converting regulated certificated bank shall pay to the Secretary of State at the time of filing said application a fee of $50.00 to be deposited by him into the Treasury of the State. The resulting State chartered bank may also acquire all the rights, powers, privileges and immunities and be subject to all the liabilities and restrictions conferred and imposed upon trust companies under Title 109 in addition to the usual banking powers as conferred and described in Title 13. Provided, the resulting State chartered bank shall have capital stock actually paid in of at least $100,000.00 and provided, further, that said resulting State chartered bank shall pay to the Secretary of State upon filing said application a fee of $25.00 in addition to the fee of $50.00 above provided in all cases where trust company powers are desired as set forth above. Immediately upon filing the said application the Secretary of State shall transmit one copy thereof to the Superintendent of Banks. Upon the filing of said application with the Superintendent of Banks, he shall make or cause to be made a careful investigation and examination relative to the factors enumerated in Code Section 13-905. The Superintendent of Banks shall exercise his discretion in his consideration of the application, but the Superintendent of Banks shall not approve the application until he has ascertained

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to his satisfaction that the applicants have satisfactorily met all of the applicable provisions of Code Section 13-905 and such other conditions as may be desired by the Superintendent of Banks. If said application is approved by the Superintendent of Banks. and certificate of such approval is filed by him with the Secretary of State, as provided in Code Section 13,905, the Secretary of State shall issue to the said resulting State chartered bank a certificate under the seal of the State, certifying that the named bank has been converted under the name adopted, and with the capital stock in said application set forth, which certificate shall be the charter of the converted bank; and the Secretary of State shall record the application, the certificate by the Superintendent of Banks approving the same, and his certificate in the order named. 13-1205. Continuation of business and corporate entity. The certificate of the regulated certificated bank shall automatically terminate when its conversion into a State chartered bank, under a State charter, is consummated, and the resulting State bank shall be considered the same business and corporate entity as the regulated certificated bank, although as to rights, powers and duties the resulting bank is a State chartered bank. Any reference to such regulated certificated bank in any contract, will, or document shall be considered a reference to the State chartered bank if not inconsistent with the provisions of the contract, will, or document or applicable to law. 13-1206. Publication of application for conversion. When the application for conversion is filed with the Secretary of State, he shall certify one of the copies thereof and deliver same to the applicants, and the same shall be published by the applicants in the newspaper in which the sheriff's advertisements of the county, in which the resulting bank is to be located, are published, once a week for four weeks. 13-1207. Publication of notice of conversion. Notice of the conversion accomplished under this law (Sections 13-1201 through 13-1211), in the corporate name of any bank so converted shall be published once in the newspaper

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which publishes the sheriff's advertisements of the county in which said bank so converted is located. Such notice shall give the name of the bank into which the other shall be converted and the place at which the office of such converted bank is or shall be located, and it shall state that such converted bank has taken over the assets of the regulated certificated bank entering into the conversion agreement, and has assumed the liabilities of such regulated certificated bank, including the liabilities to depositors. 13-1208. Surrender of original and issue of new certificates of stock. The State chartered bank into which the regulated certificated bank has been converted shall have the right to acquire the return of the original certificates of stock held by each shareholder in the regulated certificated bank, and in lieu thereof to issue new certificates for such number of shares of the State chartered bank into which the regulated certificated bank shall have been converted under the plan of conversion as the said shareholder may be entitled to receive. 13-1209. Transfer of business and assets on conversion. Upon the conversion of any bank or banks in the manner herein provided, all and singular, the rights, franchise, duties and liabilities, and the interests of the bank or banks so converted, and all the assets of every kind and character, including real and personal property and choses in action thereunto belonging, shall be deemed to be transferred to and vested in such resulting State chartered bank, without any deed, transfer or assignment, and the said resulting State chartered bank shall hold, enjoy and be subject to the same, in the same manner and to the same extent as the converted bank has held, owned, enjoyed and was subject to the same. 13-1210. Rights of creditors and others. The rights of creditors of any regulated certificated bank that shall be converted shall not be impaired in any manner by any such conversion; nor shall any liability or obligation for the payment of any money due or to become due, or any claim or demand in any manner or for any cause existing against such regulated, certificated bank, or any shareholder thereof,

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be in any manner released or impaired; and all the rights, obligations and relations of all the parties, creditors, depositors, and others shall remain unimpaired by such conversion. Such State chartered bank into which the regulated certificated bank shall be converted shall succeed to all obligations, trusts and liabilities, and be held liable to pay and discharge all such debts and liabilities and to perform all such trusts in the same manner as though such State chartered bank into which the regulated certificated bank shall have become converted had itself incurred the obligation or liability; and the shareholders of the State chartered bank shall continue subject to all the liabilities, claims and demands existing against them as such at or before such conversion; and no suit, action or other proceeding when pending before any court or tribunal in which any regulated certificated bank that may be converted is a party shall be deemed to have abated or been discontinued by reason of any such conversion, but the same may be prosecuted to final judgment in the same manner as if said regulated certificated bank had not entered into said agreement, or the resulting State chartered bank, as the case may be, may be substituted in the place of any regulated certificated bank so converted by order of the court in which such action, suit or proceeding may be pending. The resulting State chartered bank shall be subject to be sued in any court having jurisdiction upon any cause of action against any regulated certificated bank so converted in the same manner as if such cause of action had originated against such regulated certificated bank into which the State chartered bank has been so converted or against such resulting State chartered bank. 13-1211. Rights of dissenting shareholders. A shareholder of a regulated certificated bank who votes against its conversion into a State chartered bank, or who has given notice in writing to the bank at or prior to a meeting of the shareholders for the purpose of voting on such conversion that he dissents from the plan, shall be entitled to receive in cash the value of the shares held by him and voted against said plan, if and when the conversion is consummated, upon written request made to the resulting State chartered bank at any time before 30 days after the date of

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consummation of such conversion accompanied by the surrender of his stock certificate. The value of such shares shall be determined as of the date on which the shareholders' meeting was held authorizing the conversion by a committee of three persons, one to be selected by unanimous vote of the dissenting shareholders entitled to receive the value of their shares, one by the directors of the resulting State chartered bank, and the third by the two so chosen. The valuation agreed upon by any two or three appraisers thus chosen shall govern; but, if the value so fixed shall not be satisfactory to any dissenting shareholder who has requested payment as provided herein, such shareholder may, within five days, after being notified of the appraised value of his shares, appeal to the Superintendent of Banks who shall cause a reappraisal to be made, which shall be final and binding as to the shares of the appellent. If, within 90 days from the date of consummation of the conversion, for any reason one or more of the appraisers are not selected as herein provided, or the appraisers fail to determine the value of such shares, the Superintendent of Banks shall, upon written request of any interested party, cause an appraisal to be made, which shall be final and binding on all parties. The expenses of the Superintendent of Banks in making the reappraisal or appraisal, as the case may be, shall be paid by the resulting State chartered bank. The plan of conversion shall provide the manner of disposing of the shares of the resulting State chartered bank not taken by the dissenting shareholders of the regulated certificated bank. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 28, 1969.

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MACON JUDICIAL CIRCUITJUDGES' SALARIES. No. 686 (Senate Bill No. 191). An Act to provide that the salary of each of the judges of the Superior Courts of the Macon Judicial Circuit shall be supplemented by payments to be made from the treasuries of Bibb, Houston, Peach and Crawford Counties, Georgia; to fix the amount of such supplemental salaries; to provide the method and manner in which the same is to be paid; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The salary of each judge of the Superior Courts of the Macon Judicial Circuit shall from and after the passage of this Act be supplemented by payments out of the treasuries of Bibb County, Houston County, Peach County and Crawford County in the following amounts per annum: Out of the treasury of Bibb County the salary of each of said judges shall be supplemented in the amount of one thousand six hundred fifty ($1,650) dollars; Out of the treasury of Houston County the salary of each of said judges shall be supplemented in the amount of three hundred thirty ($330.00) dollars; Out of the treasury of Peach County the salary of each of said judges shall be supplemented in the amount of one hundred thirty-seven dollars and fifty cents ($137.50). Out of the treasury of Crawford County the salary of each of said judges shall be supplemented in the amount of eighty-two dollars and fifty cents ($82.50). Said supplemental payments as herein provided for shall be made monthly by the respective boards of county commissioners of roads and revenues or other authorities having control of expenditures of county funds of the said respective counties.

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Nothing in this bill or Act will be construed to reduce the present salary of the Superior Court Judges of the Macon Judicial Circuit below their present salary of $25,000 and if the state salary increase does not go into effect, then the respective counties by local supplement in the same proportion as in this bill or Act shall apply a sufficient supplement to maintain a salary level of $25,000. Section 2. If any section or portion of this Act be declared unconstitutional, the remaining sections or portions hereof shall not be affected thereby and the remaining provisions of the Act shall not be invalidated but shall remain in full force and effect. Section 3. This Act is to take effect on July 1, 1969, which is the date that the State salary increase for Superior Court Judges takes effect. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Bibb County. Notice is hereby given of the application to the General Assembly of Georgia, 1969 Session, for the passage of a bill, entitled to wit: An Act to provide that the salary of each of the Judges of the Superior Courts of the Macon Judicial Circuit shall be supplemented by payments to be made from the treasuries of Bibb, Houston, Peach and Crawford Counties, Georgia, to fix the amount of such supplemental salaries; to provide the method and manner in which the same is to be paid; and for other purposes. Carr G. Dodson Representative, 82nd District Bibb County, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Carr G. Dodson who,

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on oath, deposes and says that he is Representative from the 82nd District, and that the attached copy of notice of intention to introduce local legislation was published in the Macon Telegraph News which is the official organ of Bibb County, on the following dates: December 13, 20, 27, 1968. /s/ Carr G. Dodson Representative, 82nd District Sworn to and subscribed before me, this 14th day of January, 1969. /s/ Pamela A. Little, Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Notice. Georgia, Houston County. Notice is hereby given of the application to the General Assembly of Georgia, 1969 Session, for the passage of a bill, entitled to wit: An Act to provide that the salary of each of the Judges of the Superior Courts of the Macon Judicial Circuit shall be supplemented by payments to be made from the treasuries of Bibb, Houston, Peach and Crawford Counties, Georgia; to fix the amount of such supplemental salaries; to provide the method and manner in which the same is to be paid; and for other purposes. Carr G. Dodson, Representative 82nd District, Bibb County, Georgia. Georgia, Houston County. Personally appeared before me this date, Cooper Etheridge, publisher of The Houston Home Journal, Perry, Ga.,

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the official organ of Houston County, Georgia, who certifies that the legal notice, notice to introduce local legislation, to provide for supplementing salaries of the judges of Macon Judicial Circuit, was published in The Houston Home Journal on the following dates: Dec. 12, 19 and 26, 1968. This 8th day of January, 1969. /s/ Cooper Etheridge Publisher, Houston Home Journal Perry, Georgia Sworn to and subscribed before me, this 8th day of January, 1969. /s/ Janice E. Colwell, Notary Public, Houston County, Georgia. My Commission expires March 7, 1972. (Seal). Notice is hereby given of the application to the General Assembly of Georgia, 1969 Session, for the passage of a bill, entitled to wit: An Act to provide that the salary of each of the judges of the superior courts of the Macon Judicial Circuit shall be supplemented by payments to be made from the treasuries of Bibb, Houston, Peach and Crawford Counties, Georgia; to fix the amount of such supplemental salaries; to provide the method and manner in which the same is to be paid; and for other purposes; Carr G. Dodson Representative, 82nd District Bibb County, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Daniel K. Grahl

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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 Leader-Tribune which is the official organ of Peach County, on the following dates: December 19, 26, 1968 and January 2, 1969. /s/ Daniel K. Grahl Representative, 40th District Sworn to and subscribed before me, this 14th day of January, 1969. /s/ Pamela A. Little, Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Georgia, Crawford County. Notice is hereby given of the application to the General Assembly of Georgia, 1969 Session, for the passage of a bill, entitled to wit: An Act to provide that the salary of each of the judges of the superior courts of the Macon Judicial Circuit shall be supplemented by payments to be made from the treasuries of Bibb, Houston, Peach and Crawford Counties, Georgia; to fix the amount of such supplemental salaries; to provide the method and manner in which the same is to be paid; and for other purposes. Carr G. Dodson Representative, 82nd District, Bibb County, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Daniel K. Grahl

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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 Georgia Post which is the official organ of Crawford County, on the following dates: December 12, 19 and 26, 1968. /s/ Daniel K. Grahl Representative, 40th District Sworn to and subscribed before me, this 14th day of January, 1969. /s/ Pamela A. Little, Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved April 28, 1969. BANKS AND BANKINGINVESTMENTS IN SMALL BUSINESS INVESTMENT COMPANIES. Code 13-2023 Amended. No. 687 (Senate Bill No. 194). An Act to amend Code section 13-2023, relating to purchase of stocks and investment securities by banks, as amended, so as to authorize banks to acquire shares in any small business investment company provided the aggregate amount of shares does not exceed a certain percentage of its capital and unimpaired surplus; to provide that such banks shall not hold a certain percentage of any class of equity securities having actual or potential voting rights; to provide that such banks may acquire additional shares of any class of equity securities having actual or potential voting rights under certain conditions; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1. Code section 13-2023, relating to purchase of stocks and investment securities by banks, as amended, is hereby amended by striking subsection (f) of said Code section in its entirety and inserting in lieu thereof a new subsection (f) of Code section 13-2023 to read as follows: (f) Provided, further, that shares of stock in small business investment companies incorporated and organized under and pursuant to the Acts of Congress, and doing business in this State, shall be eligible for purchase and ownership by banks incorporated under the laws of this State which are members of the Federal Reserve System and by nonmember insured banks; except that in no event shall any such bank acquire shares in any small business investment company if, upon the making of that acquisition, (1) the aggregate amount of shares in small business investment companies then held by the bank would exceed five percent (5%) of its capital and unimpaired surplus, or (2) the bank would hold fifty percent (50%) or more of any class of equity securities having actual or potential voting rights issued by that investment company; provided that a bank which on January 1, 1969, holds fifty percent (50%) or more of any class of equity securities having actual or potential voting rights issued by a small business investment company may acquire additional shares of any class of equity securities having actual or potential voting rights issued by that investment company if the acquisitions would not increase the percentage of the securities held by the bank. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 28, 1969.

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BANKS AND BANKINGDEPOSITS TO COVER UNPAID CLAIMS. Code 13-1505 Amended. No. 688 (Senate Bill No. 198). An Act to amend Code section 13-1505, relating to deposits to cover claims for unpaid deposits of banks and credit unions which go into voluntary liquidation, so as to provide that all such deposits shall be paid into the State Treasury at the end of five years; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 13-1505, relating to deposits to cover claims for unpaid deposits of banks and credit unions which go into voluntary liquidation, is hereby amended by striking said Code section in its entirety and inserting in lieu thereof a new Code section 13-1505 to read as follows: 13-1505. Deposits to cover unpaid claims. After paying all the creditors of said bank and credit unions and all depositors whose claims have been presented and allowed, the directors shall cause to be deposited in such bank and credit unions as may be designated by the Superintendent of Banks, to the credit of the Superintendent an amount sufficient to cover all unpaid and unclaimed deposits, and all other claims against said bank and credit unions which for any reason may not have been paid. Such deposits shall be held by the Superintendent in the same manner as deposits made by him to cover unpaid deposits of banks and credit unions liquidated by him or under his direction. After the expiration of five years, the Superintendent shall pay such funds into the State Treasury. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 28, 1969.

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GEORGIA CIVIL PRACTICE ACT AMENDEDTHIRD PARTY COMPLAINTS. No. 691 (Senate Bill No. 215). An Act to amend an Act approved March 18, 1966, comprehensively and exhaustively revising, superseding and modernizing pre-trial, trial, and certain post-trial procedures in civil cases (Ga. L. 1966, p. 609), as amended, so as to provide that a third-party complaint shall have attached thereto, as exhibits, a copy of the original complaint and all other pleadings in the case; to change the suggested form for third-party complaint; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act approved March 18, 1966, comprehensively and exhaustively revising, superseding and modernizing, pre-trial, trial, and certain post-trial proceedings in civil cases (Ga. L. 1966, p. 609), as amended, is further amended by inserting at the end of section 14 thereof, pertaining to third-party practice, a new subsection, which shall read as follows: (c) Any third-party complaint filed shall have attached thereto, as exhibits, a true and correct copy of the original complaint in the action and all other pleadings which have been filed in the action prior to the filing of the third-party complaint. Procedure. Section 2. Said Act is further amended by inserting in the paragraph number 1 in the third-party complaint, appearing in section 124 of said Act, the words: A copy of all other pleadings filed prior to the filing of this third-party complaint, is hereto attached as exhibit `B' , so that said numbered paragraph 1 shall read as follows: 1. Plaintiff, A. B., has filed against defendant, C. D., a complaint, a copy of which is hereto attached as Exhibit

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`A'. A copy of all other pleadings filed prior to the filing of this third-party complaint is hereto attached as Exhibit `B'. Forms. Section 3. All other laws in conflict with this Act are hereby repealed. Approved April 28, 1969. REVENUEFOREIGN MERCHANDISE IN TRANSIT. No. 693 (Senate Bill No. 226). An Act to provide that foreign merchandise in transit shall acquire no situs in this State for the purpose of property taxation; to define what shall constitute foreign merchandise in transit; 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. Foreign merchandise in transit is deemed to have acquired no situs in this State for purposes of property taxation, and such no situs property shall not acquire situs so as to become subject to property taxation by this State or any political subdivision of this State by virtue of the fact that while in the warehouse, the property is assembled, bound, joined, processed, disassembled, divided, cut, broken in bulk, relabeled or repackaged. The no situs status granted herein shall be liberally construed to effect the purposes of this Act. No situs in State. Section 2. For the purposes of this Act, foreign merchandise in transit is personal property of every description which originates outside of the customs territory of the United States and is imported into the United States by waterborne commerce through any port located in this State, and on which United States customs duties are paid at or through any Customs District or port located in this

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State and: (a) Which is moving in foreign or insterstate commerce through or over the territory of this State; or (b) which was consigned to a warehouse, public or private, within this State from without the customs territory of the United States for storage in transit to a final destination. This Act shall not apply except to situs for taxation by political subdivisions of this State in which the port of original entry of such property is located. Definitions. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 28, 1969. REVENUELICENSE FEES OF MOTOR VEHICLES OPERATED OVER ROUTES OF FIFTY MILES OR LESS. No. 694 (Senate Bill No. 234). An Act to amend an Act which provides a schedule of license fees for motor vehicles, approved December 24, 1937 (Ga. L. 1937-38, Ex. Sess., p. 259), as amended, so as to provide for a reduction in the rate on certain motor vehicles used as common or contract carriers for hire of passengers, whether or not they are operated under the jurisdiction of the Georgia Public Service Commission; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act which provides a schedule of license fees for motor vehicles, approved December 24, 1937 (Ga. L. 1937-38, Ex. Sess., p. 259), as amended, is hereby amended by striking from section 8B the following: under the jurisdiction of the Georgia Public Service Commission, so that when so amended section 8B shall read as follows: Section 8B. If the vehicle described herein is operated as a carrier of passengers, the rate shall be one-half of the

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amount herein mentioned where the vehicle is operated over a route of fifty miles or less. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 28, 1969. STATE HIGHWAY DEPARTMENTRIGHTS OF WAY FOR FEDERAL PARKWAYS, ETC. No. 695 (Senate Bill No. 238). An Act to amend an Act approved April 14, 1967 (Ga. L. 1967, p. 604; Ga. Code Ann., ch. 95-28), providing authority to the State Highway Department to acquire for and to convey rights-of-way and easements to the Federal Government for the construction of Federal parkways in the State of Georgia, so as to authorize the State Highway Department of Georgia to acquire rights-of-way and easements for the construction of Federal parkways in this State; to provide for the amount and the type of interest in land to be so acquired; to provide for the maximum amount of fee simple lands and scenic easements to be so acquired; to provide for the maximum amount of fee simple lands and scenic easements to be acquired; to provide when scenic easements may be acquired; to provide that the rights-of-way and easements so acquired shall be designated on an official county map; to authorize conveyance of such rights-of-way to the United States Government to provide that rights-of-way so acquired will permit no reservations for private roads to connect or cross Federal parkways; to concede concurrent jurisdiction to the United States Government for rights-of-way conveyed to it; to prohibit removal of timber from areas of land tentatively designated to be within Federal parkways and to provide compensation therefor; to prohibit advertising structures from being placed or operated within 500 feet of Federal parkway boundaries; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1. The Act approved April 14, 1967 (Ga. L. 1967, p. 604), is hereby amended by striking in its entirety and substituting in lieu thereof a new Act to read as follows: (1) The State Highway Department of Georgia shall have the authority, and is hereby empowered, to acquire, either by condemnation, purchase, gift, or other methods, rights-of-way and easements necessary to comply with the laws, rules and regulations of the United States Government for the construction of Federal parkways in the State of Georgia. Acquisition. (2) The authority delegated by this Act to the State Highway Department of Georgia to acquire rights-of-way and easements for Federal parkways shall be the same authority as hereinbefore provided by law for the acquisition of rights-of-way for the construction of State-aid roads in the State of Georgia, and the State Highway Department of Georgia shall exercise such authority in the same manner and under the same provisions of law hereinbefore provided for the construction of State-aid roads in this State. Methods. (3) The State Highway Department of Georgia may acquire scenic easements and these may be included as part of the rights-of-way to be acquired by the State Highway Department of Georgia for Federal parkways in those cases mutually acceptable to the State Highway Department of Georgia and the United States Government or its appropriate agency. Scenic easements. (4) The lands and interest in lands to be acquired in fee simple for Federal parkway rights-of-way shall average not more than 125 acres per mile, plus not more than 25 acres per mile in scenic easements, and in no case shall the width of the fee simple rights-of-way for Federal parkway land be less than 300 feet. It is the intent hereof that in using the acreage per mile method there will be permitted the balancing of the total acreage over the entire length of the Federal parkway project within the State, and such will provide for flexibility to narrow or widen the fee simple lands acquired for Federal parkways to meet specific conditions.

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The variance of the width of the lands to be acquired by the State Highway Department of Georgia for Federal parkways is to be dependent upon topographical conditions, requirements of Federal parkway design, acquisition of acreage adjacent to the Federal parkkway at designated locations of scenic, historic, or recreational value or significance, simplicity and ease of rights-of-way acquisition, cost of rights-of-way acquisition, and other conditions considered by the State Highway Department of Georgia to be controlling; but in no case shall the width of the fee simple rights-of-way to be acquired for Federal parkways be less than the 300 feet hereinbefore provided. Widths of rights of way, etc. (5) The rights-of-way acquired by the State Highway Department of Georgia at the option of the State Highway Department may be a fee simple title, and the nature and extent of the rights-of-way and easements so acquired shall be designated upon an official county map showing the location of the rights-of-way across each county in this State. Map, etc. (6) The State Highway Department of Georgia is hereby authorized and empowered to convey such title or interest so acquired for Federal parkway rights-of-way to the United States Government or its appropriate agency, free and clear of all claims for compensation. Conveyance to United States. (7) The acquisition of rights-of-way by the State Highway Department of Georgia for Federal parkways shall permit no reservations or interests of access for private roads connecting to or crossing the Federal parkways, and the State Highway Department of Georgia shall acquire, as part of the rights-of-way for Federal parkways, the rights and interests of access for private roads. Access. (8) The State of Georgia, by this Act, does hereby concede concurrent jurisdiction to the United States Government or its appropriate agency for rights-of-way and the lands or interest in lands conveyed to the United States Government for Federal parkway purposes under this Act. However, there is hereby expressly reserved the taxing power of the State of Georgia as applied to all persons, property, or operations within the Federal parkway rights-of-way

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except as applied to the property of and the operations of the United States Government and its agencies. Jurisdiction, etc. (9) When areas of land or interests in land have been tentatively designated by the United States Government to be included within Federal parkways, but the final survey and plans necessary for the construction of Federal parkways as provided by law have not yet been made, no person shall cut or remove any timber from such areas as so designated pending the completion and finalization of such survey and plans, after receiving notice from the State Highway Department of Georgia that such area is under investigation. Any property owner who suffers loss or damage by reason of the restraint upon his right to use the timber upon his land pending such investigation and the finalization of survey and plans for the construction of Federal parkways shall be entitled to recover compensation from the State Highway Department of Georgia for the temporary appropriation of his property, and for any damage to his property caused by such temporary appropriation, in the event the same is not finally included within the area designated as a Federal parkway. Timber removal, etc. The provisions of this section may be enforced under the same law now applicable for the adjustment and payment of compensation in the acquisition of rights-of-way for the construction of State-aid roads by the State Highway Department of Georgia. (10) No advertisement or advertising structure shall be erected, constructed, installed, maintained, or operated within 500 feet of the boundary of any Federal parkway rights-of-way acquired by the State Highway Department of Georgia under the provisions of this Act except as follows: Advertising signs, etc. a. Advertisements which are securely attached to a place of business or residence which does not exceed one advertising structure with a total area not to exceed 100 square feet may be erected or maintained or caused to be erected or maintained by the owner or lessee of such place of business or residence within 150 feet of such place of business

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or residence if and only if the advertisement or advertising structure relates solely to merchandise, services, or entertainment sold, produced, manufactured, or furnished at such place of business or residence. b. Signs may be erected or maintained or caused to be erected or maintained on any farm by the owner or lessee of such farm if and only if such signs relate solely to farm produce, merchandise, services or entertainment sold, produced, manufactured, or furnished on such farm and when the signs so erected or maintained do not exceed two in number with a combined total area not to exceed 150 square feet. Same. c. Signs may be posted or displayed upon real property by the owner, or by the authority of the owner, stating that the property upon which the sign is located, or a part of such property, is for sale or rent and such signs, when so posted or displayed, may state any data pertaining to such property and its appurtenances, and the name and address of the owner and the agent of such owner. Same. d. Notice of any railroad, bridges, ferries, or other transportation or transmission company may be posted or displayed when found necessary in the discretion of the Director of the State Highway Department of Georgia. Utilities signs. e. Signs containing 16 square feet or less, and bearing an announcement of any county, town, village or city, or historic place or shrine, which is situated in this State, advertising itself or local industries, meetings, buildings, or attractions may be posted or displayed provided the same are maintained wholly at public expense or at the expense of such historic place or shrine. Historic Attractions, etc. f. Historic markers erected by duly constituted and authorized public authorities may be posted or displayed. Historic markers. g. Highway markers and signs erected or caused to be erected by the Director of the State Highway Department of Georgia or other authorities, in accordance with the law, may be posted or displayed. Highway markers.

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h. Violations of the advertising restrictions of this Section and of lawful regulations promulgated by the Highway Department of Georgia under authority thereof shall be misdemeanors punishable as provided in section 11(c) of the Act approved April 6, 1947 (Ga. L. 1967, p. 423; Ga. Code Ann. Section 95-9924). The Highway Department is hereby authorized to use these remedies, set forth in sections 11(a) and (b), 12, and 13, of the aforesaid Act of 1967 (Ga. Code Ann. sections 95-2011a, 95-2012a, 95-2013a, respectively), in order to enforce the advertising restrictions in this present Act. Crimes. Section 2. All laws, parts of laws, and clauses of laws in conflict with the provisions of this Act, to the extent of such conflict, are hereby repealed. Approved April 28, 1969. INSTITUTE FOR RESEARCH IN BIO-TECHNOLOGY. No. 700 (Senate Bill No. 263). An Act to create the Institute for Research in Bio-Technology; to declare the legislative purpose; to provide for functions and duties; to provide for procedures, support and transition of the institute; to provide for a National Advisory Board; to provide for a staff; to repeal conflicting laws; and for other purposes. Whereas, there is growing evidence that a great opportunity exists in the field of bio-technology (the combination of medical, engineering, and physical sciences) in the State of Georgia; and Whereas, because important resources already exist in this new field in Georgia, and because careful study has shown that there is need for a nonprofit research institute to provide Georgia with the proper foundation for establishing a bio-technology center that may well cause Georgia to gain acceptance as a national center of activity in this field; and

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Whereas, the General Assembly herein declares its intent to explore the field of bio-technology by creating the Institute for Research in Bio-Technology. Be it enacted by the General Assembly of Georgia: Section 1. There is hereby created the Institute for Research in Bio-Technology. The institute shall conduct research and generally explore and promote the combination of medical and engineering sciences and related fields of science. It shall be the objective of the institute to find new ways in which physical and engineering disciplines may contribute to improved health and longer life through such developments as artificial and substitute organs; the application of engineering experiences in physics and chemistry to body processes; the accommodation of the human body to new and varied environments; and to other biological-technological interfaces. The institute may undertake basic research to add to the store of human knowledge; but it is specifically encouraged to work in areas of applied research which may lead to the establishment of new industries and the creation of new jobs in Georgia. Created, etc. Section 2. The institute shall be governed by the Georgia Science and Technology Commission until such a time as the Georgia Science and Technology Commission determines and the General Assembly agrees that the management be changed. Government. Section 3. The institute shall be supported by a combination of funds received from public and private sources, including contributions, grants, contracts and bequests from individuals, corporations, foundations, government agencies, and others. The State of Georgia is hereby authorized to support the institute during its first three years of existence in an amount up to but not to exceed the total amount of support received from other sources. Funds. Section 4. The institute shall be created during the fiscal year July 1, 1969 to June 30, 1970. During this period, the Georgia Science and Technology Commission shall serve as the temporary governing body of the institute and will

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provide administrative staff and technical assistance. The institute shall be funded in the general budget of the Georgia Science and Technology Commission. Government funds. Section 5. It shall be the policy of the institute to encourage and promote collaboration with national, regional, state, and local organizationspublic and privatewhich are interested in the advancement of bio-technological sciences. Purpose. Section 6. In order to involve the leading scientists of the nation in its activities and to obtain the finest guidance possible, the institute may form a National Advisory Board of not more than twenty-five (25) persons selected by the governing body of the institute. National Advisory Boards. Section 7. The institute is hereby authorized to employ such staff as is required to carry out its mission, but in no event shall the cost thereof exceed funds appropriated for such purposes. The director of the Georgia Science and Technology Commission shall be the chief executive of the institute. The chief executive shall serve at the discretion of the governing body of the institute. He shall select and direct other staff members, subject to the policies set by such governing body. Staff, etc. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 28, 1969. DEPARTMENT OF ARCHIVES AND HISTORYOBJECTS AND PURPOSES. Code 40-802 Amended. No. 702 (Senate Bill No. 277). An Act to amend Code section 40-802, relating to the objects and purposes of the Department of Archives and

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History, so far as to change the provisions relating to the destruction of records and the central depository; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 40-802, relating to the objects and purposes of the Department of Archives and History, is hereby amended by striking the following: prevent the destruction of records; to provide a central depository in which to assemble the official archives of the State, including the old records of the various departments of the State, not in common use;, and inserting in lieu thereof the following: insure the retention and preservation of the records of any State or local agency with historical and research value by providing for the application of modern and efficient methods to the creation, utilization, maintenance, retention, preservation and disposal of records; to provide an archival and records depository in which to assemble and maintain the official archives and other inactive records of the State not in current and common use;, so that when so amended section 40-802 shall read as follows: 40-802. Objects and purposes. The objects and purposes of the Department shall be to insure the retention and preservation of the records of any State or local agency with historical and research value by providing for the application of modern and efficient methods to the creation, utilization, maintenance, retention, preservation and disposal of records; to provide an archival and records depository in which to assemble and maintain the official archives and other inactive records of the State not in current and common use; to collect from the files of old newspapers, court records, church records, private collections, and other sources, data of all kinds bearing upon the history of the State; to secure from private individuals, either by loan or

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gift, rare volumes, manuscripts, documents and pamphlets for the use of this Department; and to obtain in like manner historical trophies, souvenirs and relics; to classify, edit, annotate, and publish from time to time such records as may be deemed expedient and proper, including messages of Governors, executive orders, State papers, military rosters of the Revolutionary, Indian, Mexican, Civil and European Wars; to diffuse knowledge in regard to the State's history, and to prepare biennially an official register, giving the latest information of an official character in regard to the State, including a full list of Statehouse officers, legislators, judges and solicitors, members of Congress, county officials, etc., together with other pertinent items of information; to encourage the proper marking of battlefields, houses and other places celebrated in the history of the State; to encourage the study of Georgia history in our public schools, and to assist in the observance of patriotic occasions; to stimulate historical research, especially in the prosecution of local histories; to foster sentiment looking to the better protection, classification and arrangement of records in the various courthouses of the State; to prepare a bibliography of Georgia, and to indicate, by title at least, every book written about Georgia or by Georgia authors; and to collect biographical information in regard to all public officials and to keep same on file, in a classified arrangement, for convenient reference by investigators. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 28, 1969. DEPARTMENT OF PUBLIC SAFETYTEMPORARY OPERATORS PERMITS. No. 705 (Senate Bill No. 106). An Act to amend an Act creating a Department of Public Safety for the State of Georgia, and providing for the issuance, suspension and revocation of motor vehicle drivers'

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licenses, approved March 19, 1937 (Ga. L. 1937, p. 322), as amended, so as to authorize and direct the Director of the Department of Public Safety to promulgate rules and regulations which authorize and direct the officers in charge of State Patrol Stations to issue a temporary driver's license to each individual who has lost by misplacement and not by revocation or suspension, his learner's, operator's or chauffeur's license, and who has made application under oath on a form furnished by the Director which states that the applicant presently has a valid license; to provide that the temporary license shall be valid for 15 days; to provide that any person who falsely swears to the oath shall be punished as for a misdemeanor; to provide that the temporary license shall be returned to the issuing office upon receipt of the duplicate license; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a Department of Public Safety for the State of Georgia, and providing for the issuance, suspension and revocation of motor vehicle drivers' licenses, approved March 19, 1937 (Ga. L. 1937, p. 322), as amended, is hereby amended by creating a new section, to be designated as section 8A, to read as follows: Section 8A. (a) The Director of the Department of Public Safety is hereby authorized and directed to promulgate rules and regulations which authorize and direct the officers in charge of State Patrol Stations to issue a temporary driver's license to each individual who has lost by misplacement and not by revocation or suspension, his learner's, operator's or chauffeur's license and who has made application under oath on a form furnished by the Director which states that the applicant presently has a valid license which has been lost or misplaced. (b) Any person who falsely swears or falsely makes the oath provided for in subsection (a) shall be punished as for a misdemeanor.

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(c) Any temporary license issued pursuant to this Act or the rules and regulations provided for above shall be valid for fifteen (15) days, but the same may be renewed in the event the applicant's duplicate license has not been received within such time. (d) The temporary license shall be returned to the issuing office within ten (10) days of the date the applicant has received his duplicate license. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 30, 1969. PRESERVATION OF HISTORIC SITES, STATE ARCHAEOLOGIST, ETC. No. 706 (Senate Bill No. 146). Preamble. Whereas, the citizens of Georgia have an interest in the preservation of historic and prehistoric sites, ruins, artifacts, and other places and things for their scientific and historical information and value; and, the citizens of Georgia have a right to the knowledge to be derived and gained from the scientific study of these materials; and, without proper protection these places have been neglected, desecrated, or otherwise destroyed or these materials have been removed without regard to adequate records with a resulting loss to our citizens of knowledge concerning their heritage; and, historic and prehistoric sites, ruins and objects of antiquity and rightfully and properly the subject of coordinated and organized activities exercised on behalf of the general welfare of the public as a whole in order that they may be preserved, studied, evaluated, and exhibited; the following Bill is proposed:

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An Act to provide for the protection, preservation, and investigation of archaeological sites, antiquities and artifacts on State properties, to provide for finders fees; to provide for all procedures, requirements and other matters in connection with the foregoing; to provide for penalties; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The State of Georgia, acting through the Georgia Historical Commission, reserves to itself the exclusive right and privilege of exploring, excavating, or surveying through its authorized officers and employees all prehistoric and historic sites, ruins, artifacts, treasure, treasure trove, ancient and abandoned ships and other similar sites and objects found on all lands owned or controlled by the State or found in the Atlantic Ocean within the three mile territorial limits of the State or within its navigable waters with the exception of property under the jurisdiction of the Board of Regents. All findings of such ruins, artifacts, treasure, treasure trove, ancient and abandoned ships and other similar sites and objects shall be reported to the Georgia Historical Commission within two days, Saturdays, Sundays and legal holidays excluded, after being found. Moreover, the Georgia Historical Commission is also hereby authorized to grant permits or enter into contractual agreements with recognized scientific institutions or qualified individuals to conduct field or underwater archaeological research on said mentioned State properties if conditions or situations in the opinion of the Georgia Historical Commission warrant such arrangements or agreements. All such information and archaeologically significant objects derived from archaeological research conducted on State lands and water areas shall be utilized solely for scientific or public educational purposes and shall remain the property of the State. In addition, the State of Georgia urges that all archaeological research conducted on privately owned land within the boundaries of the State be likewise undertaken solely by recognized scientific institutions or qualified individuals. The Georgia Historical Commission is hereby authorized and directed to pay a reasonable finders fee, to be determined

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by the Commission, to any person or group of persons who report findings of ruins, artifacts, treasure, treasure trove, ancient and abandoned ships and other similar sites and objects to the Commission. Section 2. In order to implement the protective and research policies as outlined in Section 1, the Georgia Historical Commission will appoint a State Archaeologist whose duties will be: 1. To direct, coordinate, and otherwise engage in fundamental research into the archaeology on State lands and water areas containing sites or objects of archaeological significance, or to authorize recognized scientific institutions or qualified individuals to do the same. 2. Cooperate with other agencies of the State who have authority in areas where sites are located. State Archaeologist. 3. Conduct a survey of important archaeological sites located on State land or water areas and, upon request, survey and officially recognize significant archaeological sites on privately owned land thereby encouraging the owner to cooperate with the State to preserve the site. 4. Conduct salvage archaeology on State sites threatened with destruction. 5. Protect, preserve, display, or store objects of archaeological significance discovered by field or underwater archaeology at State sites or discovered during the course of any construction or demolition work. 6. Establish training programs independently or in conjunction with institutions of higher learning to disseminate knowledge concerning archaeology and its related disciplines. 7. Encourage the dissemination of archaeological facts through the publication of reports of archaeological research conducted by the Georgia Historical Commission.

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Section 3. Whoever intentionally violates any of the above provisions or intentionally defaces, injures, destroys, displaces, or removes an object or site of archaeological or historical value located on areas as designated above shall be guilty of a misdemeanor and upon conviction thereof, shall be fined no more than $500.00 or imprisoned not more than 90 days or both. Crimes. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 30, 1969. DEPARTMENT OF FAMILY AND CHILDREN SERVICESACCEPTANCE AND INCARCERATION OF MISDEMEANANTS AND FELONS. No. 707 (Senate Bill No. 149). An Act to amend an Act creating within the Department of Family and Children Services an autonomous Division for Children and Youth, and a State Board for Children and Youth, for the protection, care, training and supervision of certain children and youth of the State, approved March 14, 1963 (Ga. L. 1963, p. 81), as amended, by an Act approved April 18, 1967 (Ga. L. 1967, p. 772), so as to provide for the acceptance and incarceration of all misdemeanants and felons under the age of 17 years; to provide exceptions thereto; to provide for the Division for Children and Youth being the exclusive State agency for the acceptance and incarceration of certain felons under 17 years of age; to provide for the sentencing of certain felons under 17 years of age to the Division for Children and Youth; 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 within the Department of Family and Children Services an autonomous Division for

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Children and Youth, and a State Board for Children and Youth, for the protection, care, training and supervision of certain children and youth of the State, approved March 14, 1963 (Ga. L. 1963, p. 81), as amended, by an Act approved April 18, 1967 (Ga. L. 1967, p. 772), is hereby further amended by adding after section 9, subsection (a) and subparagraph (4) and before section 9, subsection (b), a new subparagraph to be known as subparagraph (5) to read as follows: (5) For the acceptance and incarceration of all misdemeanants and felons under the age of 17 years; provided, however, that those felons convicted of a capital felony shall only be sentenced into the custody of the State Department of Corrections. All other persons under the age of 17 years found to be guilty or convicted of a misdemeanor or felony, other than a capital felony by any court in Georgia shall be committed for an indefinite period of time to the custody of the Division for Children and Youth of the State Department of Family and Children Services. Section 2. Final order; modification or change. Any final order of judgment by the court in the case of any such child shall be subject to such modification from time to time as the court may consider to be for the welfare of such child. No commitment of any child to any institution or other custodial agency shall deprive the court of jurisdiction to change the form of the commitment or transfer the custody of said child to some other institution or agency on such conditions as the court may see fit to impose the duty being constant upon the court to give to all children subject to its jurisdiction such oversight and control in the premises as will be conducive to the welfare of said child and the best interests of the State. Provided, however, that the release or parole of any juvenile committed to the Division for Children and Youth for detention in any of its institutions under the terms of this Act during the period of One (1) year from the date of commitment, shall be had only with the concurrence and recommendation of the Director of the Division for Children and Youth or his designated representative. After the expiration of one (1) year from the date of

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commitment, the committing court shall review the case and make such order with respect to the continued confinement or release of the child back to the committing court for further disposition as the court deems proper. Section 3. This Act shall become effective January 1, 1970. Provided, however, in the event adequate facilities are not available, the Division for Children and Youth shall have the right to transfer youths committed to the Division under the provisions of this Act to the State Department of Corrections for incarceration in an appropriate facility designated by said Department of Corrections. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 30, 1969. PUBLIC SCHOOL EMPLOYEES RETIREMENT SYSTEM. No. 709 (House Bill No. 141). An Act to create the Public School Employees Retirement System; to provide for a short title; to provide for definitions; to provide for the name and the powers and privileges of said system; to provide for the membership of said System; to provide for the termination of membership under certain circumstances; to provide for creditable services; to provide credit for certain prior service; to provide credit for military service under certain conditions; to provide for retirement dates; to provide for retirement benefits; to provide optional forms of retirement income; to provide for death or termination of employment; to provide for employer and employee contributions to the Retirement System; to provide for the creation of a Public School Employee Retirement Fund and for its administration by a Board of Trustees; to provide for membership of said Board; to provide for the compensation and expenses of the members of said

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Board; to provide for a quorum for the transaction of business and for a Chairman, Secretary and Treasurer of said Board; to provide for the control and investment of funds; to provide for the powers and duties of said Board; to provide for the keeping of books and records by said Board; to provide that said Board may accept gifts, grants and bequests; to provide for the exemption of liabilities of said Board; to provide for the legal advisor of said Board; to provide for certain requirements and procedure relating to certain local retirement or pension systems; to provide for appropriations by the General Assembly for employer contributions and for otherwise carrying out the provisions of this Act; to provide for the exemption of rights under this Act from legal process; to provide for the correction of errors; to provide for attempting to defraud the Retirement System created by this Act and for penalties in connection therewith; to provide an effective date; to provide for all procedures, requirements and other matters in connection with the foregoing; to provide for severability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Short Title. This Act shall be known and may be cited as The Act Creating the Public School Employees Retirement System. Section 2. Definitions. The following words and phrases as used in this Act, unless a different meaning is clearly required by the context, shall have the following meanings: (1) Retirement System shall mean the Public School Employees Retirement System created by Section 3 of this Act. (2) Fund shall mean the Public School Employees Retirement Fund created in Section 11 of this Act. (3) Board shall mean the Board of Trustees as provided for in Section 11 of this Act to administer the Retirement Fund and Retirement System.

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(4) Public School shall mean any day school conducted within the State under the authority and supervision of a duly elected or appointed county or independent board of education. (5) Public School Employee or Employee shall mean all those employees of public schools who are not eligible for membership in the Teachers Retirement System of Georgia. The term specifically includes, but is not limited to, school bus drivers, school lunchroom personnel, school maintenance personnel, and school custodial personnel. The term does not include teachers or any school personnel who are now, or may hereafter become, covered by the Teachers Retirement System of Georgia. (6) Employer shall mean the State of Georgia. (7) Local Unit of Administration shall mean any county or independent board of education or political subdivision employing public school employees. (8) Member shall mean any public school employee in the membership of the Retirement System as provided in Section 4 of this Act. (9) Service shall mean service rendered as a public school employee. (10) Membership Service shall mean service as a public school employee rendered while a member of the Retirement System for which credit is allowable as provided in Section 5 of this Act. (11) Prior Service shall mean service rendered as a public school employee prior to the commencement date, as hereinafter defined, for which credit is allowable as provided in Section 5 of this Act. (12) Creditable Service shall mean all years and completed months (expressed as a fraction of a year) of prior service and membership service.

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(13) Regular Interest shall mean compound interest at such rate as shall be determined by the Board from time to time and initially to be set at four percent (4%). (14) Contributions shall mean the employer and employee contributions to the Retirement System as provided in Section 10 of this Act. (15) Accumulated Contributions shall mean an employee's contributions together with regular interest thereon. (16) Beneficiary shall mean the living person or persons entitled to receive any benefits upon the death of a member who was designated by the member by written notice to the Board. If said person or persons so designated are not living at the time of the death of the member, the beneficiary shall be the estate of the member. (17) Actuarial Equivalent shall mean a benefit of equal value when computed at regular interest upon the basis of the mortality tables adopted by the Board. (18) Joint Annuitant shall mean the person designated to receive benefits payable on the death of a member as provided in Option A set forth in subsection (b) of Section 8. (19) Commencement Date shall mean July 1, 1970, or as soon thereafter as the Board shall determine for the commencement of employer and employee contributions. Section 3. Name and Powers and Privileges of System . A Retirement System is hereby created and placed under the management and control of the Board of Trustees, hereinafter provided for, for the purposes of providing retirement benefits and other benefits under the provisions of this Act for public school employees. It shall be a budget unit of the State government and shall have the power and privileges of a corporation, the right to sue and be sued, to implead and be impleaded, and shall be known as the Public School Employees Retirement System, and by

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such name all of its business shall be transacted, all of its funds invested, and all of its cash, securities and other property held. Section 4. Membership. (a) Any person who is a public school employee on the effective date of this Act shall be a member of the Retirement System created by this Act as a condition of his continued employment, except as hereinafter provided. Any person who becomes a public school employee on or after the effective date of this Act shall become a member of the Retirement System created by this Act as a condition of his employment. The provisions of this subsection shall become a part of any contract of employment of public school employees which is executed on or after the effective date of this Act, but nothing herein shall be construed to impair the obligation of any such contract executed prior to the effective date of this Act. (b) A public school employee otherwise eligible shall be classified as a member only while he is employed by a local unit of administration not operating a local retirement system, except as otherwise provided in Section 18 of this Act. (c) The membership of any member shall terminate if he retires under this system or withdraws his contributions, or if in a period three consecutive years after becoming a member, he renders less than one year of service, except as hereinafter provided. Any member who has not withdrawn his contributions to the Retirement System may retain his membership while on any leave of absence authorized by rules and regulations of the Board. The Board may continue the membership of a member while in the armed forces of the United States or other emergency wartime service of the United States approved in advance by the Board, or if he ceases to be a contributing member by reason of illness preventing him from rendering service for as much as one year in a period of three consecutive years. No benefit under the Retirement System other than the payment of the accumulated contributions of such an employee shall become payable to him or

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on his account while he is not in service as a public school employee, and no employer contributions shall be made to the system during any such time. Section 5. Creditable Service. (a) The Board shall fix and determine by appropriate rules and regulations how such service in any year is equivalent to one year of membership service, but in no case shall more than one year of service be creditable for all service in one calendar year. In developing rules and regulations to determine how much service in any year is equivalent to one year of membership service, the Board shall be guided by the nature of the employment being considered and the number of months, weeks, days and hours normally worked to carry out the normal duties associated with the employment. Service rendered for a regular school year shall be equivalent to one year of service in any case. (b) Under such rules and regulations as the Board shall adopt, each member who was a public school employee at any time from July 1, 1945, until the commencement date shall be entitled to file a detailed statement of all services as a public school employee rendered by him prior to the commencement date for which he claims credit. In the event any person who would otherwise have qualified under this subsection shall be on leave in the armed forces of the United States, such person shall have six months after termination of his military service to qualify under the provisions hereof. Upon verification of such statement of service, the Board shall issue a prior service certificate certifying to the member the period of service prior to the commencement date with which he is credited on the basis of his statement of service. As long as a membership continues, a prior service certificate shall be final and conclusive for retirement purposes as to such service; provided, however, that a member may within one year from the date of issuance or modification of such certificate request the Board to modify or correct his prior service certificate. When membership ceases, such prior service certificate shall become void. (c) Creditable service at retirement on which the retirement

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allowance of a member shall be based shall consist of the membership service rendered by him since he last became a member after the commencement date, and, if he has a prior service certificate in full force and effect, the amount of the service certified on his prior service certificate. (d) Any person who shall leave public school employment at any time after the effective date of this Act to enter military service may return to public school employment at any time within five years after being released from military service and shall receive credit for such active military service upon the payment of employee contributions, plus the regular interest that would have accrued on such contributions, which would have been paid during his absence while in military service. (e) Any person who left public school employment to enter military service at any time prior to the effective date of this Act and returned to public school employment within five years after being released from military service shall receive credit for such active military service upon the payment of employee contributions, plus the regular interest that would have accrued on such contributions, that would have been paid during his absence while in service. Section 6. Retirement Dates. (a) The normal retirement date of a member shall be the first day of the month coinciding with or next following the date he attains the age of 65, except that the normal retirement date of a member who is age 64 or over on the effective date of this Act shall be January 1, 1971. A member shall retire on his normal retirement date except as otherwise provided subsection (b) of this Section. (b) At the request of his local unit of administration, a member may remain actively employed beyond his normal retirement date on a year to year basis as shall be mutually agreed upon by the member and his local unit of administration. In such cases, the member shall retire on the first day of the month coinciding with or next following

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the end of the last agreed period, which date shall be the delayed retirement date of the member. Section 7. Retirement Benefits. (a) Any member may retire and receive the retirement benefits hereinafter provided after obtaining a minimum of ten years creditable service. In the event a member retires before obtaining ten years creditable service, he shall receive a lump sum refund of his accumulated contributions made under the Retirement System to the date of his retirement. (b) Upon retirement on his normal retirement date, a member shall receive a monthly retirement benefit under which payment shall commence on his normal retirement date and shall be payable on the first day of each month thereafter during his lifetime. The amount of each monthly retirement payment shall be two dollars ($2.00) multiplied by the number of the member's years of creditable service. (c) Upon retirement on his delayed retirement date, a member shall receive a monthly retirement benefit under which payment shall commence on his delayed retirement date and shall be payable on the first day of each month thereafter during his lifetime. The amount of each monthly retirement benefit shall be computed in the same manner as for a normal retirement benefit based on the number of years of creditable service as of the member's delayed retirement date. Section 8. Optional Forms of Retirement Income. (a) A member may elect, or may revoke a previous election and make a new election, at any time prior to his normal retirement date, to have his retirement benefit payable under one of the options hereinafter set forth in lieu of the lifetime income he is otherwise entitled to receive. The benefit shall be paid in accordance with the terms of such option elected. Election of any option shall be made by the member in writing and shall be subject to approval by the Board. (b) The amount of any optional retirement benefit set

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forth below shall be the actuarial equivalent of the amount of benefit that would otherwise be payable to the member under Section 7 of this Act. Option A. Joint and Survivor Option. A decreased retirement benefit which shall be payable to the member for life and shall continue after his death to the surviving joint annuitant in the same amount or in such smaller amount as he may designate. The election of this Option shall be null and void if either the member or his joint annuitant die before his normal retirement date. Option. B. Period Certain and Life Option. A decreased retirement benefit commencing on the date of retirement and payable on the first day of each month during the lifetime of the member; provided, however, that should the member die prior to having received an elected number of guaranteed monthly retirement payments (i.e., 60, 120, or 180), such remaining guaranteed payments shall continue to his designated beneficiary. Section 9. Death or Termination of Employment. (a) If a member dies prior to his normal retirement date, his beneficiary shall receive a lump sum refund of his accumulated contributions made under the Retirement System to the member's date of death. (b) If a member who has not elected an optional form of payment, as provided in Section 8 of this Act, dies prior to receiving benefits totaling his accumulated contributions to his retirement date, a death benefit shall be payable in a lump sum to the beneficiary of the member. The amount of such death benefit shall be the difference between total benefits actually paid to the member and his accumulated contributions. (c) If a member who has elected an optional form of payment, as provided in Section 8 of this Act, dies after his normal retirement date but prior to his actual retirement, a death benefit will be payable as provided for by the provisions of the Option elected, determined as if the

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member had retired on the day preceding the date of his death. (d) If a member who has elected an optional form of payment, as provided in Section 8 of this Act, dies subsequent to actual retirement, a death benefit shall be payable as provided for by the provisions of the Option elected. (e) Should the employment of a member be terminated voluntarily or involuntarily at any time prior to his normal retirement date, he shall be entitled to a refund of his accumulated contributions to the date of his termination. Section 10. Funding. (a) Each member shall contribute four dollars ($4.00) monthly as the employee contribution toward the cost of the Retirement System. Each local unit of administration shall deduct said amount each month from the compensation of each of its employees who is a member of the Retirement System and pay said amounts so deducted to the Board. The Board shall specify by rules and regulations the time and manner said amounts shall be paid to the Board. (b) The employer contributions toward the cost of the Retirement System shall be as actuarially determined and approved by the Board, and in making such determination, each local unit of administration shall supply the Board with such information at such times and in such manner as the Board shall specify by rules and regulations. The amounts determined as the employer contributions, as herein provided, shall be certified to the State Treasurer at such times as the Board shall specify by rules and regulations. It shall be the duty of the State Treasurer to pay to the Board, from funds appropriated or otherwise available to the Public School Employees Retirement System, the amounts so certified by the Board. All employer contributions shall be irrevocable and may be used only for the exclusive benefit of members or their beneficiaries. Section 11. Retirement Fund; Board of Trustees. (a) There is hereby created the Public School Employees Retirement Fund which shall be administered by the Board

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of Trustees. The Board of Trustees shall be composed of all members of the Board of Trustees of the Employees' Retirement System of Georgia and two additional ex-officio members who shall be the Executive Secretary of the Georgia School Bus Drivers Association and the President of the Georgia School Foods Service Association. (b) The members of the Board shall receive the sum of $20.00 per day for each day of attending meetings of the Board or for any committee meetings called pursuant to authorization of the Board and for time spent in necessary travel. In addition thereto, the trustees shall be reimbursed for all actual traveling and other expenses necessarily incurred through service on the Board of Trustees. State officials serving on the Board shall receive no per diem but shall be entitled to reimbursement for actual expenses incurred by them in carrying out their duties under this Act. (c) Six members at any meeting of the Board shall constitute a quorum to transact business. Each member shall be entitled to one vote on the Board, and five votes shall be necessary for a decision by the Board. The Chairman, Secretary and Treasurer of the Board shall be the same as the Chairman, Secretary and Treasurer of the Board of Trustees of the Employees' Retirement System of Georgia. Section 12. Control and Investment of Funds. (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 Public School Employees 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. (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, except, however, the Board may not invest more than fifty percent

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(50%) of such funds in equities. 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 13. Powers and Duties of Board. The Board is hereby given the following powers and duties: To provide for the collection of all money provided for in this Act; to provide for the payment of all administrative expenses; to hear and decide all applications for retirement benefits provided for under this Act; to provide for the payment of all retirement benefits that may be determined to be due under the 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 under the provisions of this Act; to make provisions for refunds or 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. Section 14. Books and Records. The Board shall keep permanent records of all its accounts in granting retirement 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.

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Section 15. Gifts, Grants or Bequests. The Board may take a 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 the Retirement System in accordance with the provisions of this Act. Section 16. Exemption from Liability of Board of Trustees. The members of the Board, and each of them, shall be free from all liability, joint or several, for their acts, omissions and conduct, and for the acts, omissions and conduct of their duly constituted agents, in the administration of the Retirement System and the Fund, and the State shall indemnify and save them, and each of them, harmless from the effects and consequences of their acts, omissions and conduct in their official capacity, except to the extent that such effects and consequences shall result from their own willful misconduct. Section 17. Legal Advisor. The State Attorney General shall be the legal advisor of the Board. Section 18. Local Retirement Systems. (a) Any local unit of administration having a retirement or pension system on the effective date of this Act which includes as members in such system any or all public school employees, as defined in this Act, may elect to have such employees become members of the Retirement System created by this Act subject to the following conditions: (1) Any such local unit of administration must make the election whether or not any or all of its public school employees covered by its local retirement or pension system shall become members of the Retirement System created by this Act, and such election must be made in writing to the Board within 90 days after the effective date of this Act. (2) If any such local unit of administration elects to have any or all of its public school employees become members of the Retirement System created by this Act, then, at a time to be specified by the Board, such employees shall cease to be members of the local retirement or pension

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system and shall become members of the Retirement System created by this Act, and upon retirement, all service credited to such employees under said local retirement or pension system shall be creditable service and such employees shall receive the requirement benefits provided by this Act; provided, however, that the transfer of any such public school employee from any local retirement or pension system to the Retirement System created by this Act shall not impair or diminish any pension or retirement rights of any such employee existing under the local retirement or pension system at the time of such transfer, and in order to carry out this requirement, the local unit of administration shall pay to the Board, in such manner and at such time or times as the Board shall specify, an amount which shall be of sufficient actuarial value to secure the pension or retirement rights any such employee had under the provisions of the local retirement or pension system, and upon retirement, such employee shall receive a retirement benefit equivalent in actuarial value to the retirement or pension benefit which he would have received under the local system, notwithstanding the provisions of this Act fixing retirement benefits. (b) Any local unit of administration having any such retirement or pension system shall be responsible for the payment of any retirement or pension benefits payable to any member of the local retirement or pension system who had retired under the provisions of such local system prior to the commencement date. (c) The Board is hereby authorized and directed to develop and promulgate rules and regulations to carry out the provisions of this Section. Section 19. Appropriations; Expense Fund. (a) The General Assembly shall make appropriations to the Public School Employees Retirement System sufficient to provide for the employer contributions required by subsection (b) of Section 10 of this Act and to otherwise carry out the provisions of this Act. (b) The Board shall establish an expense fund to which

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shall be credited the funds provided by appropriations of the General Assembly to pay the administrative expense of the Retirement System and from which shall be paid all expenses incurred in the administration and operation of the Retirement System. (c) The appropriations provided for in this Section may be made by the General or Supplemental Appropriations Act adopted by the General Assembly, but no employer or employee contributions to the Retirement System shall be made prior to the commencement date. Appropriated funds may be expended prior to the commencement date pursuant to subsection (b) of this Section in order to pay the expenses of setting up and beginning operation of the Retirement System prior to that date. Section 20. Exemption of Rights Under Act from Legal Process. Assignability. The right to a retirement benefit, the return of contributions, and any optional benefit or any other right accrued or accruing to any person under the provisions of 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 otherwise specifically provided in this Act. Section 21. Correction of Errors. Should any change or error in the records result in any member or beneficiary receiving from the Retirement System more or less than he would have been entitled to receive had the records been correct, the Board 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. Section 22. Attempting to Defraud Public School Employees Retirement System Created by this Act. Any person who shall knowingly make any false statements or shall falsify or permit to be falsified any record or records of the Public School Employees Retirement System created by this Act, in any attempt to defraud the system as a

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result of such 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 by both such fine and imprisonment, at the discretion of the court. Section 23. This Act shall become effective on January 1, 1970, but no public school employee shall be obligated to make employee contributions to the Retirement System as provided in this Act until after the General Assembly has appropriated funds for the employer contributions as provided in this Act. Effective date. Section 24. Any provision herein to the contrary notwithstanding, no credit shall be given any member for prior service until the General Assembly shall appropriate funds to amortize the prior service liability. Prior service. Section 25. 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 section, 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. Severability. Section 26. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 30, 1969. STATE EMPLOYEES' RETIREMENT SYSTEM ACT AMENDED. No. 710 (House Bill No. 184). An Act to amend an Act establishing the State Employees' Retirement System, approved February 3, 1949 (Ga. L. 1949, p. 138), as amended, particularly by an Act approved

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March 25, 1958 (Ga. L. 1958, p. 637), so as to permit any newly-elected tax commissioner, tax collector, or tax receiver until the last day of July of the year he first takes office, or six months from the effective date of this Act to elect to establish a merit system of employment and to avail himself and his employees of State retirement benefits; to permit said officers who were unable to avail themselves of the provisions of this Act six months in which to elect to avail themselves and their employees of State retirement benefits; to provide for prior service credit; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing the State Employees' Retirement System, approved February 3, 1949 (Ga. L. 1949, p. 138), as amended, particularly by an Act approved March 25, 1958 (Ga. L. 1958, p. 637), is hereby amended by striking subparagraph (5) of section 1 of the amendatory Act approved March 25, 1958 (Ga. L. 1958, p. 637), in its entirety and by substituting in lieu thereof a new subparagraph (5) to read as follows: (5) In the event a new tax commissioner, tax collector or tax receiver is elected, the newly-elected tax commissioner, tax collector or tax receiver shall have until the last day of July of the first year he takes office or six months from the effective date of this Act (whichever is longer) to elect to establish a merit system of employment and to avail himself and his employees of the retirement benefits provided for herein. Provided, however, that each tax commissioner, tax collector or tax receiver who was elected subsequent to August 1, 1958, and thus was unable to avail himself and his employees of the retirement benefits of this Act, shall have a period of six months commencing with the effective date of this Act in which to elect to establish a merit system of employment and to avail himself and his employees of the retirement benefits provided for herein. The said tax commissioner, tax collector or tax receiver (elected subsequent to August 1, 1958) may obtain prior service credit for himself and his employees,

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said prior service credit to date from the first day the tax commissioner, tax collector or tax receiver assumed office subsequent to August 1, 1958, or from the date said officers' employees began working subsequent to said officers' election, respectively, by paying the regular employer and employee contributions from the first day of his term (or first day of employment, in the case of employees), plus six per cent interest. All officers establishing such a system shall be covered at the same time which date shall be determined by the provisions of the Employees' Retirement System Act. No coverage shall ever be extended to any official or employee designated herein who, on the effective date of this Act or hereafter, is covered under the provisions of any other retirement, benefit, or similar system excluding Social Security Coverage. Tax commissioners tax receivers and tax collectors. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 30, 1969. STATE EMPLOYEES' RETIREMENT SYSTEM ACT AMENDED. No. 711 (House Bill No. 199). An Act to amend an Act creating the Employees' Retirement System of Georgia, approved February 3, 1949 Ga. L. 1949, p. 138), as amended, particularly by an Act approved February 13, 1962 (Ga. L. 1962, p. 54), and an Act approved December 17, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 160), so as to change the provisions relating to employment of retired members, so as to allow the inclusion of interest when computing retirement allowances; to provide an effective date; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Employees' Retirement System of Georgia, approved February 3, 1949 (Ga. L. 1949, p. 138), as amended, particularly by an Act approved February 13, 1962 (Ga. L. 1962, p. 54), and an Act approved December 17, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 160), is hereby amended by striking section 5. (1) (c) in its entirety and inserting in lieu thereof a new section 5. (1) (c), to read as follows: Section 5. (1) (c) Any thing in this Act to the contrary notwithstanding, after a member retires, should he accept employment from or render services for any State Department, or any agency, or any political subdivision which is supported in whole or in part by State funds regardless of the source of such funds, the payment of his retirement allowance shall be suspended during such month or months, and further contributions to the retirement system shall not be made by him nor by the State on his behalf, provided, upon the termination of such services, all rights shall be vested in said member the same as if he had continued under his option to retire. However, the payment of allowances to a retired member shall not be stopped if he has retired on a service retirement based on age 65 and the payment or payments received by him for any services, together with his retirement allowance, do not exceed the monthly earnable compensation that he was receiving at the date of his retirment. Employment of retired members. Section 2. Said Act is further amended by adding at the end of paragraph 3 of section 4 the following: Anything in this Act to the contrary notwithstanding, the Prior Service accumulations of a member shall be computed to July 1, 1953, in the manner as now provided in section 4, and the accumulated contributions on those contributions made by an individual prior to January 1, 1954 shall be used in computing the retirement allowance. The provisions of this section shall also apply to current members who transferred their membership, as employees of the Teachers' Retirement System. Prior service accumulations.

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Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 30, 1969. MINIMUM FOUNDATION PROGRAM OF EDUCATION ACT AMENDED. No. 713 (House Bill No. 272). 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 for determining the amount of funds needed for vocational schools; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Minimum Foundation Program of Education Act, approved January 24, 1964 (Ga. L. 1964, p. 3), as amended, is hereby amended by striking section 33 in its entirety and inserting in lieu thereof a new section 33, to read as follows: Section 33. Funds for State Vocational Schools. The State Board of Education shall annually determine the amount of funds needed for operation of State Vocational-Technical Schools established by the State Board of Education, area vocational schools, and comprehensive vocational high schools. Such funds, including salaries of teachers over and above teachers earned under section 11 of this Act, shall be made available for the operation of such schools under rules and regulations prescribed by the State Board of Education.

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Section 2. This Act shall become effective upon its approval by the Governor or upon its otherwise becoming law. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 30, 1969. DEAD ANIMAL DISPOSAL ACT. No. 715 (House Bill No. 428). An Act to provide for the disposition of dead animals and parts thereof which die or are killed because of being infected with an infectious, contagious or communicable disease; to provide for a short title; to define certain terms; to provide methods for disposal of animal carcasses by public livestock markets and livestock slaughter establishments and garbage feeding operations; to provide methods of disposal of such dead animals; to establish the responsibility of owners of dead animals; to authorize the Department of Agriculture to control the transportation of diseased carcasses and parts of carcasses; to authorize the Department of Agriculture to issue permits for the interstate transportation of dead animals or parts thereof and to control such transportation; to provide for the promulgation of rules and regulations for carrying out the purposes of this Act by the Commissioner of Agriculture; to provide for penalties for violations of the provisions of this Act or any rules or regulations promulgated hereunder; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 2. Short title. This Act shall be known and may be cited as the Dead Animal Disposal Act.

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Section 2. Dead animals defined. Dead animals shall include the carcasses or parts of carcasses of those animals which are considered farm livestock, including poultry and equine; and shall further be defined to include any effluent and or blood associated with such animals which die with an infectious, contagious or communicable disease or which have been killed because of being infected with an infectious, contagious or communicable disease. Section 3. Disposition of dead animals. It shall be unlawful for any person caring for, or owning, any animal that has died with an infectious, contagious, or communicable disease or which has been killed because of being infected with or exposed to such a disease to abandon said animal including the blood and/or parts thereof on his own land, or upon the land of another, without first having the other's permission for burial or burning as prescribed in this Act, or regulations adopted pursuant to this Act. Arrangements for proper burial or burning must be made with a city or county official to dispose of such animals in a city or county dump. Under no conditions may dead animals be abandoned in wells or open pits of any kind on private or public land. Section 4. Public livestock sales markets, livestock slaughter establishments and garbage feeding operations. Public livestock sales markets, livestock slaughter establishments and garbage feeding operations shall have an approved method and place for the disposal of carcasses of animals which die on or within the premises of such establishments. Further, provisions must be provided for the disposal of all portions of any carcass, all effluent, including blood, and all accessory waste material involved in the handling of such carcass. Section 5. Methods of disposal of dead animals. Methods which can be used for disposal of dead animals are burning, burial, or rendering. Disposal of animal carcasses by any of the approved methods must be completed within 12 hours after death or discovery of the carcass. Carcasses which are burned must be attended until process is completed. Carcasses which are buried must be buried at least

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3 feet below the ground level and have not less than 3 feet of earth over the carcass. Section 6. Transportation of diseased carcasses. The Commissioner of Agriculture may prohibit, at his discretion, the hauling or transportation of the body, effluent, and/or parts of any animals or poultry which has died of a highly contagious, infectious or communicable disease and order destruction thereof in accordance with this Act. Section 7. Interstate transportation of dead animals. Dead animals and/or parts thereof, raw or unrendered, except green salted hides, shall not be allowed to enter the State of Georgia except by written permit issued by the Georgia Department of Agriculture; except licensed research institutes, accredited colleges or State colleges and universities, and departments of municipal governments may transport and/or receive dead animals for research or investigational purposes only. Section 8. Rules and regulations. The Commissioner of Agriculture is hereby authorized to promulgate rules and regulations to implement and accomplish the purposes of this Act. Section 9. Penalty provided for violation. Any person, firm, partnership or corporation violating the provisions of this Act, or any rule or regulation made pursuant thereto, shall be guilty of a misdemeanor and upon conviction thereof shall be punished as provided by law. Section 10. Provisions of this Act severable. Should any provision, clause, paragraph, section or part or parts of this Act be held invalid by any court, it is hereby declared to be the legislative intent that the provisions of this Act shall be severable and the remainder of the Act shall be in full force and effect as though such clause, paragraph, section, or part or parts had not been included herein. Section 11. Effective date. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

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Section 12. Conflicting laws repealed. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 30, 1969. GEORGIA EQUINE ACT. No. 716 (House Bill No. 507). An Act to be known as the Georgia Equine Act; to define terms; to prohibit a dealer or broker, or barn, auction or sales operator from selling, auctioning, transferring or moving any equine infected with, suspected of being infected with, or which has been recently exposed to any infectious or contagious disease; to provide for the bonding and licensing of any dealer or broker, or barn, auction or sales operator; to provide for the inspection by the Department of Agriculture with authority to quarantine any premises where equines are sold or kept; to provide the Commissioner of Agriculture with authority to quarantine any premises infected with a contagious or infectious disease, or any premises of such unsanitary condition as might cause the spread of an infectious or contagious disease; to provide for permits for special sales other than equines sold by an individual owner on his own premises; to provide for the services of a licensed, accredited veterinarian to be furnished by all dealers or brokers, or barns, auction or sales operators; to provide that all sales by dealers or brokers or barns, auction or sales operators, shall be preceded by a temperature test on each animal found to be infected with or recently exposed to an infectious or contagious disease, or which is found to have an abnormal temperature when offered for sale; to empower the Commissioner of Agriculture to take steps necessary to eradicate contagious and infectious diseases and to promulgate rules and regulations regarding such eradication program; to authorize the payment of indemnities for livestock destroyed in eradicating contagious or infectious diseases; to authorize the transfer of funds by the Governor in order to make funds

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available for the payment of such indemnities; to provide for the requirement of a health certificate issued by a licensed, accredited veterinarian from the state of origin showing that the temperature of any equines moving into the State of Georgia from any other state is normal and certifying that said animal is not infected with or recently exposed to any infectious or contagious disease; to authorize the Commissioner of Agriculture to promulgate rules and regulations to carry out the purposes of this Act; to provide penalties for violations of the terms of this act, or any rule or regulations promulgated hereunder; to provide for the revocation, cancellation, or suspension of license of any broker, dealer, barn, auction or sales operator for violation of this Act or any rule or regulation promulgated hereunder; to authorize the Commissioner of Agriculture to seek an injunction against anyone violating the provisions of this Act; to provide for severability; to repeal conflicting laws; to provide an effective date; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. This Act may be cited as the Georgia Equine Act. Short title. Section 2. Definitions: a. EquineShall include horses, mules, asses and any other members of the Equidae species. b. Dealer or BrokerThe words dealer or broker as used in this act shall mean any person, firm or corporation engaged in the business of buying equines of any kind for resale or in selling equines of any kind bought for the purpose of resale or in buying equines of any kind for slaughter; and every agent acting for or on behalf of any dealer or broker or auction operator is for the purpose of this Act a dealer or broker; provided, however, that any persons acquiring equines for the purpose of using as a part of their operations or for pleasure only are exempt from the definition herein applicable to dealer or broker. Definitions.

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c. Barn, Auction or Sales OperatorThe words barn, auction or sales operator as used in this Act shall mean any person, firm or corporation engaged in the business of operating public auctions or sales of equines, or of operating barns and yards for the concentration of equines held for the purpose of auction or sale. d. Special SalesA special sale shall be any sale by a dealer or broker, barn, auction or sales operator held at a time other than a regularly scheduled time, except that any sale by any individual of his own entire stock of equines or part thereof, on his own premises, shall not be considered a special sale. e. CommissionerThe Commissioner is the Commissioner of Agriculture of the State of Georgia. f. DepartmentDepartment is the Department of Agriculture of the State of Georgia. g. BondBond shall mean a written instrument issued or executed by a bonding, surety or insurance company licensed to do business in Georgia guaranteeing that the person bonded shall faithfully fulfill the terms of the contract of purchase and guarantee the payment of the purchase price of all equines purchased by him, made payable to the Commissioner for the benefit of persons sustaining loss resulting from the non-payment of the purchase price or the failure to fulfill the terms of the contract of purchase. Section 3. No dealer or broker, and no barn, auction or sales operator, shall sell, auction, transfer or move any equines which are infected with any infectious or contagious disease or which have been placed under quarantine by the authority of the Commissioner. No dealer or broker, and no barn, auction or sales operator shall sell, auction, transfer or move any equines which are infected with or which are suspected of being infected with or which are likely to have been exposed to an infectious or contagious disease until all such equines have been inspected by a veterinarian approved by the Commissioner. No dealer or broker, and no barn, auction or sales operator shall sell, auction, transfer

Page 1024

or move any equines from any barn, yard or premises unless all sanitary practices and precautions prescribed by the rules and regulations of the Commissioner have been observed in said premises, barn or yard. Sales regualted. Section 4. No barn, auction or sales operator engaged in the sale of equines, shall engage in or carry on such business without first having applied for and obtained a license from the Commissioner; no equine dealer or broker who buys or sells through a barn, auction or sales operator shall engage in or carry on such business without first having applied for and obtained a license from the Commissioner; provided that said license shall be permanent until cancelled, suspended, revoked, or surrendered; said license shall be non-transferrable and free of charge. Any person, firm or corporation commencing operation of a new sales establishment for the sale of equines at auction and any dealer or broker commencing such a business shall prior to obtaining a license post a bond of $5,000.00 and within sixty days after the issuance of a license post a bond for the first year of operation in an amount equal to one-fourth of the total volume of business for the first four weeks of operation; provided the minimum bond shall be $5,000.00 and the maximum bond shall not be required to exceed $50,000.00. The provisions of this section requiring the posting of a bond shall not apply to any authorized agent of a person, firm or corporation having posted the bond required by this Section, when such agent is acting for and on behalf of such principal. This section shall not become effective until sixty days after the adoption of this Act. Licenses. Section 5. The Commissioner is authorized to have inspections conducted of the equines or premises where same are kept or sold, of any licensed dealer or broker, barn, auction or sales operator, or any individual to whom this Act is applicable. Any such licensed dealer or broker, barn, auction or sales operator, or any individual subject to this Act, shall maintain such animals in good healthy condition. Inspections, etc. Section 6. In the control, suppression, prevention and eradication of equine diseases, the Commissioner or any duly authorized representative acting under his authority is

Page 1025

authorized and required to quarantine an animal, premises or any area, when he shall determine that equines in such place or places are infected with a contagious or infectious disease, or that the unsanitary condition of such place or places might cause the spread of such disease, or that the animal has, or has been exposed to, any contagious or infectious disease, or that the owner or occupant of such place or places is not observing sanitary practices prescribed under the authority of this or any other equine law of this state. The Commissioner is hereby authorized and empowered to adopt and promulgate rules and regulations prescribing the sanitary standards and requirements for the prevention, control, suppression and eradication of equine diseases in this state. Quarantine, etc. Section 7. No dealer or broker, barn, auction or sales operator, or individual to whom this act is applicable, shall hold or conduct any sale or equines, whether regular sale or a special sale, without complying with the terms of this Act and all rules and regulations promulgated hereunder. Sales. Section 8. All licensed dealers or brokers, barns, auction, or sales operators, or individuals to whom this act is applicable, shall frunish at all sales, including special sales, the services of a licensed, accredited veterinarian, who shall issue to the purchaser of any equines sold, a certificate that the animal sold meets all existing health requirements, and that the temperature of the animal is normal. The cost of this service shall be paid by the seller and shall not exceed $1.00 per head. Certificates. Section 9. Eradication Programs Authorized: Whenever it is determined by the Commissioner that a contagious or infectious disease should be eradicated, the Commissioner is authorized to take whatever steps are necessary to eradicate the disease. Owners, renters or persons in possession of equines or premises infected with such a disease are required to disinfect the premises and to destroy the cause or causes of the contagious or infectious disease including the destruction of those equines within the premises, under the supervision and direction of the Commissioner or his duly authorized representative. The cost of destroying the

Page 1026

cause or causes or sources of infection of a contagious or infectious disease, which is sought to be eradicated, shall be borne by the owner, renter, or person in possession of the infected equines or premises, except, however, when budget conditions permit the Commissioner may participate in the cost of eradication and is authorized to expend such funds as are available. Eradication programs. Section 10. Payment of indemnities authorized: The Commissioner is authorized to the extent of funds available, in the eradication of any infectious or contagious disease, to indemnify the owner of equines destroyed in eradicating the disease upon such basis and appraisal as the Commissioner may prescribe; provided, however, that any person, firm, partnership or corporation who shall violate any quarantine or rule or regulation under this Act shall be ineligible for indemnity. Indemnities. Section 11. Transfer of funds authorized: Whenever a program of eradication of a contagious and infectious disease requires funds in excess of funds available, sufficient for the purpose of eradicating said disease, the Governor may transfer from any available funds in the State Treasury, such sum of money as may be necessary to meet such emergency, and said monies so transferred shall be repaid to the fund from which transferred when monies become available for that purpose by a legislative appropriation or otherwise. Funds. Section 12. The Commissioner of Agriculture is authorized to require any person, firm or corporation transporting equines into this state from any other state, to furnish him with a certificate from an accredited veterinarian from the state of origin of such equines, certifying that such equines have not recently been exposed to any contagious or infectious disease and that said animal's temperature is normal, and that said animal is free of any contagious or infectious disease. Certificates. Section 13. The Commissioner is authorized to formulate, adopt, promulgate and enforce rules adn regulations for the purpose of implementing provisions of this Act. Rules.

Page 1027

Section 14. Any dealer or broker and any barn, auction, or sales operator or other person subject to this Act, who shall violate any of the provisions of this Act, any quarantine provision, rule or regulation established by the Commissioner under the authority of this or other laws for the protection of the general public in the prevention of equine diseases shall be guilty of a misdemeanor. Crimes. Section 15. Every licensed dealer or broker and every licensed barn, auction or sales operator or other person subject to this Act, who shall violate this Act or rules and regulations established by the Commissioner pursuant to this Act upon a notice and hearing shall have his license revoked, cancelled or suspended. Violation of rules. Section 16. Injunctions: The Commissioner is authorized to seek an injunction against any person, firm or corporation to whom this Act is applicable for violation of any provision of this Act or any rules or regulations promulgated hereunder, and the Superior Court of the County in which such violation occurs or is threatened shall have jurisdiction upon hearing and for cause shown to grant a temporary or permanent injunction restraining any person from committing such violation, notwithstanding whether or not there exists an adequate remedy at law. Injunctions. Section 17. Provisions of this Act severable: Should any provision, clause, paragraph, section or part or parts of this Act be held invalid by any court, it is hereby declared to be the legislative intent that the provisions of this Act shall be severable and the remainder of this Act shall be in full force and effect as though such clause, paragraph, section or part or parts had not been included herein. Severability. Section 18. All laws and parts of laws in conflict with the provisions of this Act be, and are, hereby repealed. Section 19. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Approved April 30, 1969.

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GEORGIA MEAT INSPECTION ACT. No. 717 (House Bill No. 524). An Act to be known as the Georgia Meat Inspection Act; to define terms; to provide for mandatory inspection of the slaughter of cattle, sheep, swine, goats and equines, and the preparation of the carcasses, parts thereof, meat, and meat food products of such animals; to provide for the regulation of related industries; to define adulterated or misbranded meat and meat food products; to prohibit the manufacture, sale, delivery, transportation or the holding or offering for sale or transportation of any adulterated, misbranded, or uninspected meat or meat food products; to provide for the identification of adulterated or misbranded meat and meat food products; to define terms; to provide for inspectors, to provide for reports and examination of business records; to authorize the Commissioner of Agriculture to promulgate and enforce rules and regulations; to provide for enforcement; to provide for cooperation with the United States Department of Agriculture; to provide for the seizure, detention or destruction of adulterated or misbranded meat and meat food products; to provide for injunctions; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: PART IINSPECTION REQUIREMENTS: ADULTERATION AND MISBRANDING Section 1. As used in this Act, except as otherwise specified, the following terms shall have the meanings stated below: (a) The term Commissioner means the Commissioner of Agriculture of the State of Georgia or his delegate. Definitions. (b) The term Firm means any partnership, association, or other unincorporated business organization. (c) The term Meat broker means any person, firm, or

Page 1029

corporation engaged in the business of buying or selling carcasses, parts of carcasses, meat, or meat food products of cattle, sheep, swine, goats, horses, mules, or other equines on commission, or otherwise negotiating purchases or sales of such articles other than for his own account or as an employee of another person, firm, or corporation. (d) The term Renderer means any person, firm, or corporation engaged in the business of rendering carcasses, or parts or products of the carcasses, of cattle, sheep, swine, goats, horses, mules, or other equines, except rendering conducted under inspection under Part I of this Act. (e) The term Animal food manufacturer means any person, firm, or corporation engaged in the business of manufacturing or processing food for animals derived wholly or in part from carcasses, or parts or products of the carcasses, of cattle, sheep, swine, goats, horses, mules, or other equines. (f) The term Intrastate commerce means commerce within this State. (g) The term Meat food product means any product capable of use as human food which is made wholly or in part from any meat or other portion of the carcass of any cattle, sheep, swine, or goats, excepting products which contain meat or other portions of such carcasses only in a relatively small proportion or historically have not been considered by consumers as products of the meat food industry, and which are exempted from definition as a meat food product by the Commissioner under such conditions as he may prescribe by regulation to assure that the meat or other portions of such carcasses contained in such product are not adulterated and that such products are not represented as meat food products. This term as applied to food products of equines shall have a meaning comparable to that provided in this paragraph with respect to cattle, sheep, swine, and goats. (h) The term Capable of use as human food shall apply to any carcass, or part or product of a carcass, of any animal,

Page 1030

unless it is denatured or otherwise identified as required by regulations prescribed by the Commissioner to deter its use as human food, or it is naturally inedible by humans. (i) The term Prepared means slaughtered, canned, salted, rendered, boned, cut up, or otherwise manufactured or processed. (j) The term Adulterated shall apply to any carcass, part thereof, meat or meat food product under one or more of the following circumstances: (1) if it bears or contains any poisonous or deleterious substance which may render it injurious to health; but in case the substance is not an added substance, such article shall not be considered adulterated under this clause if the quantity of such substance in or on such article does not ordinarily render it injurious to health; (2) (A) if it bears or contains (by reason of administration of any substance to the live animal or otherwise) any added poisonous or added deleterious substance (other than one which is (i) a pesticide chemical in or on a raw agricultural commodity; (ii) a food additive; or (iii) a color additive) which may, in the judgment of the Commissioner make such article unfit for human food; (B) if it is, in whole or in part, a raw agricultural commodity and such commodity bears or contains a pesticide chemical which is unsafe within the meaning of section 408 of the Federal Food, Drug, and Cosmetic Act; (C) if it bears or contains any food additive which is unsafe within the meaning of section 409 of the Federal Food, Drug and Cosmetic Act; (D) if it bears or contains any color additive which is unsafe within the meaning of section 706 of the Federal Food, Drug, and Cosmetic Act: Provided , That an article which is not adulterated under clause (B), (C), or (D) shall nevertheless be deemed adulterated if use of the pesticide chemical,

Page 1031

food additive, or color additive in or on such article is prohibited by regulations of the Commissioner in establishments at which inspection is maintained under Part I of this Act; (3) if it consists in whole or in part of any filthy, putrid, or decomposed substance or is for any other reason unsound, unhealthful, unwholesome, or otherwise unfit for human food; (4) if it has been prepared, packed, or held under unsanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health; (5) if it is, in whole or in part, the product of an animal which has died otherwise than by slaughter; (6) if its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health; (7) if it has been intentionally subjected to radiation, unless the use of the radiation was in conformity with a regulation or exemption in effect pursuant to section 409 of the Federal Food, Drug, and Cosmetic Act; (8) if any valuable constituent has been in whole or in part omitted or abstracted therefrom; or if any substance has been substituted, wholly or in part therefor; or if damage or inferiority has been concealed in any manner; or if any substance has been added thereto or mixed or packed therewith so as to increase its bulk or weight, or reduce its quality or strength, or make it appear better or of greater value than it is; or (9) if it is margarine containing animal fat and any of the raw material used therein consisted in whole or in part of any filthy, putrid, or decomposed substance. (k) The term misbranded shall apply to any carcass,

Page 1032

part thereof, meat or meat food product under one or more of the following circumstances: (1) if its labeling is false or misleading in any particular; (2) if it is offered for sale under the name of another food; (3) if it is an imitation of another food, unless its label bears, in type of uniform size and prominence, the word imitation and immediately thereafter, the name of the food imitated; (4) if its container is so made, formed, or filled as to be misleading; (5) if in a package or other container unless it bears a label showing (A) the name and place of business of the manufacturer, packer, or distributor; and (B) an accurate statement of the quantity of the contents in terms of weight, measure, or numerical count; Provided, that under clause (B) of the subparagraph (5), reasonable variations may be permitted, and exemptions as to small packages may be established, by regulations promulgated by the Commissioner; (6) if any word, statement, or other information required by or under authority of this Act to appear on the label or other labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs, or devices, in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use; (7) if it purports to be or is represented as a food for which a definition and standard of identity or composition has been prescribed by regulations of the Commissioner under section 7 of this Act unless (A) it conforms to such definition and standard and (B) its label bears the name of the food specified in the definition and standard and, insofar as may be required by such regulations, the common names of optional ingredients (other than spices, flavoring, and coloring) present in such food;

Page 1033

(8) if it purports to be or is represented as a food for which a standard or standards of fill of container have been prescribed by regulations of the Commissioner under section 7 of this Act, and it falls below the standard of fill of container applicable thereto, unless its label bears, in such manner and form as such regulations specify, a statement that it falls below such standard; (9) if it is not subject to the provisions of subparagraph (7), unless its label bears (A) the common or usual name of the food, if any there be, and (B) in case it is fabricated from two or more ingredients, the common or usual name of each such ingredient; except that spices, flavorings, and colorings may, when authorized by the Commissioner, be designated as spices, flavorings, and coloring without naming each: Provided, that, to the extent that compliance with the requirements of clause (B) of this subparagraph (9) is impracticable, or results in deception or unfair competition, exemptions shall be established by regulations promulgated by the Commissioner; (10) if it purports to be or is represented for special dietary uses, unless its label bears such information concerning its vitamin, mineral, and other dietary properties as the Commissioner, after consultation with the Secretary of Agriculture of the United States, determines to be, and by regulations prescribes as, necessary in order fully to inform purchasers as to its value for such uses; (11) if it bears or contains any artificial flavoring, artificial coloring, or chemical preservative, unless it bears labeling stating that fact: Provided, that, to the extent that compliance with the requirements of this subparagraph (11) is impracticable, exemptions shall be established by regulations promulgated by the Commissioner; or (12) if it fails to bear, directly thereon or on its container, as the Commissioner may by regulations prescribe, the inspection legend and, unrestricted by any of the foregoing, such other information as the Commissioner may require in such regulations to assure that it will not have false or misleading labeling and that the public will be informed

Page 1034

of the manner of handling required to maintain the article in a wholesome condition. (l) the term Label means a display of written, printed, or graphic matter upon the immediate container (not including package liners) of any article. (m) The term Labeling means all labels and other written, printed, or graphic matter (1) upon any article or any of its containers or wrappers, or (2) accompanying such article. (n) The term Federal Meat Inspection Act means the Act so entitled approved March 4, 1907, (34 Stat. 1260), as amended by the Wholesome Meat Act (81 Stat. 584). (o) The term Federal Food, Drug, and Cosmetic Act means the Act so entitled, approved June 25, 1938 (52 Stat. 1040), and Acts amendatory thereof or supplementary thereto. (p) The term Pesticide chemical, Food additive, Color additive, and Raw agricultural commodity shall have the same meanings for purposes of this Act as under the Federal Food, Drug, and Cosmetic Act. (q) The term Official Mark means the official inspection legend or any other symbol prescribed by regulations of the Commissioner to identify the status of any article or animal under this Act. (r) The term Official inspection legend means any symbol prescribed by regulations of the Commissioner showing that an article was inspected and passed in accordance with this Act. (s) The term Official certificate means any certificate prescribed by regulations of the Commissioner for issuance by an inspector or other person performing official functions under this Act. (t) The term Official device means any device prescribed

Page 1035

or authorized by the Commissioner for use in applying any official mark. Section 2. Meat and meat food products are an important source of the Nation's total supply of food. It is essential in the public interest that the health and welfare of consumers be protected by assuring that meat and meat food products distributed to them are wholesome, not adulterated, and properly marked, labeled, and packaged. Unwholesome, adulterated, or misbranded meat or meat food products are injurious to the public welfare, destroy markets for wholesome, not adulterated, and properly labeled and packaged meat and meat food products, and result in sundry losses to livestock producers and processors of meat and meat food products, as well as injury to consumers. The unwholesome, adulterated, mislabeled, or deceptively packaged articles can be sold at lower prices and compete unfairly with the wholesome, not adulterated, and properly labeled and packaged articles, to the detriment of consumers and the public generally. It is hereby found that regulation by the Commissioner and cooperation by this State and the United States as contemplated by this Act are appropriate to the health and welfare of consumers and otherwise effectuate the purposes of this Act. Legislative findings. Section 3. For the purpose of preventing the use in commerce, as hereinafter provided, of meat food products which are adulterated, the Commissioner shall cause to be made, by inspectors appointed for that purpose, an examination and inspection of all cattle, sheep, swine, goats, horses, mules, and other equines before they shall be allowed to enter into any slaughtering, packing, meat-canning, rendering, or similar establishment in this State in which slaughtering and preparation of meat and meat food products of such animals are conducted for commerce; and all cattle, sheep, swine, goats, horses, mules, and other equines found on such inspection to show symptoms of disease shall be set apart and slaughtered separately from all other cattle, sheep, swine, goats, horses, mules or other equines, and when so slaughtered, the carcasses of said cattle, sheep, swine, goats, horses, mules, or other equines shall be subject to a careful examination and inspection, all as provided by

Page 1036

the rules and regulations to be promulgated by the Commissioner as herein provided for. Inspections. Section 4. For the purposes hereinbefore set forth the Commissioner shall cause to be made by inspectors appointed for that purpose, as hereinafter provided, a post-mortem examination and inspection of the carcasses and parts thereof of all cattle, sheep, swine, goats, horses, mules, and other equines, capable of use as human food, to be prepared at any slaughtering, meat-canning, salting, packing, rendering, or similar establishment in this State in which such articles are prepared for commerce; and the carcasses and parts thereof of all such animals found to be not adulterated shall be marked, stamped, tagged, or labeled, as Inspected and Passed; and said inspectors shall label, mark, stamp, or tag as Inspected and Condemned, all carcasses and parts thereof of animals found to be adulterated; and all carcasses and parts thereof thus inspected and condemned shall be made unfit for human consumption by the said establishment in the presence of an inspector, and the Commissioner may remove inspectors from any such establishment which fails to so destroy any such condemned carcass or part thereof, and said inspectors, after said first inspection shall, when they deem it necessary, reinspect said carcasses or parts thereof to determine whether since the first inspection the same have become adulterated and if any carcass or any part thereof shall, upon examination and inspection subsequent to the first examination and inspection, be found to be adulterated, it shall be made unfit for human consumption by the said establishment in the presence of an inspector, and the Commissioner may remove inspectors from any establishment which fails to so destroy any such condemned carcass or part thereof. Same, marking of carcasses. Section 5. The foregoing provisions shall apply to all carcasses or parts of carcasses of cattle, sheep, swine, goats, horses, mules, and other equines or the meat or meat products thereof, capable of use as human food, which may be brought into any slaughtering meat-canning, salting, packing, rendering, or similar establishment, where inspection under this part is maintained, and such examination and inspection shall be had before the said carcasses or parts

Page 1037

thereof shall be allowed to enter into any department wherein the same are to be treated and prepared for meat food products; and the foregoing provisions shall also apply to all such products which, after having been issued from any such slaughtering, meat-canning, salting, packing, rendering, or similar establishment, shall be returned to the same or to any similar establishment where such inspection is maintained. The Commissioner may limit the entry of carcasses, part of carcasses, meat and meat food products, and other materials into any establishment at which inspection under this part is maintained, under such conditions as he may prescribe to assure that allowing the entry of such articles into such inspected establishments will be consistent with the purposes of this Act. Intent. Section 6. For the purposes hereinbefore set forth the Commissioner shall cause to be made by inspectors appointed for that purpose an examination and inspection of all meat food products prepared in any slaughtering, meat-canning, salting, packing, rendering, or similar establishment, where such articles are prepared, for commerce and for the purpose of any examination and inspection said inspectors shall have access at all times, by day or night, whether the establishment be operated or not, to every part of said establishment; and said inspectors shall mark, stamp, tag, or label as appropriate inspected and passed all such products found to be not adulterated; and said inspectors shall label, mark, stamp, or tag as appropriate inspected and condemned all such products found adulterated, and all such condemned meat food products shall be made unfit for human consumption, as hereinbefore provided, and the Commissioner may remove inspectors from any establishment which fails to so destroy such condemned meat food products. Other inspections, etc. Section 7. (a) When any meat or meat food product which has been inspected as hereinbefore provided and marked as appropriated inspected and passed shall be placed or packed in any can, pot, tin, canvas, or other receptacle or covering in any establishment where inspection under the provisions of this Act is maintained, the person, firm, or corporation preparing said product shall cause a

Page 1038

label to be attached to said can, pot, tin, canvas, or other receptacle or covering, under supervision of an inspector, which label shall state that the contents thereof have been appropriately inspected and passed under the provisions of this Act, and no inspection and examination of meat or meat food products deposited or inclosed in cans, tins, pots, canvas, or other receptacle or covering in any establishment where inspection under the provisions of this Act is maintained shall be deemed to be complete until such meat or meat food products have been sealed or inclosed in said can, tin, pot, canvas, or other receptacle or covering under the supervision of an inspector. (b) All carcasses, parts of carcasses, meat and meat food products inspected at any establishment under the authority of this Act and found to be not adulterated, shall at the time they leave the establishment bear, in distinctly legible form, directly thereon or on their containers, as the Commissioner may require, the information required under paragraph (k) of Section 1 of this Act. (c) The Commissioner, whenever he determines such action is necessary for the protection of the public, may prescribe: (1) the styles and sizes of type to be used with respect to material required to be incorporated in labeling to avoid false or misleading labeling of any articles or animals subject to this Part or Part II of this Act; (2) definitions and standards of identify or composition for articles subject to this Part and standards of fill of container for such articles not inconsistent with any such standards established under the Federal Food, Drug, and Cosmetic Act, or under the Federal Meat Inspection Act, and there shall be consultation between the Commissioner and the Secretary of Agriculture of the United States prior to the issuance of such standards to avoid inconsistency between such standards and the Federal standards. (d) No article subject to this Part shall be sold or offered for sale by any person, firm, or corporation under any name or other marking or labeling which is false or misleading, or in any container of a misleading form or size, but established trade names and other marking and labeling

Page 1039

and containers which are not false or misleading and which are approved by the Commissioner are permitted. (e) If the Commissioner has reason to believe that any marking or labeling or the size or form of any container in use or proposed for use with respect to any article subject to this Part is false or misleading in any particular, he may direct that such use be withheld unless the making, labeling, or container is modified in such manner as he may prescribe so that it will not be false or misleading. If the person, firm, or corporation using or proposing to use the marking, labeling or container does not accept the determination of the Commissioner, such person, firm, or corporation may request a hearing, but the use of the marking, labeling, or container shall, if the Commissioner so directs, be withheld pending hearing and final determination by the Commissioner. Any hearing conducted pursuant to this subsection shall be in accordance with the Georgia Administrative Procedure Act, including provisions contained therein concerning appeals. Section 8. The Commissioner shall cause to be made, by experts in sanitation, or by other competent inspectors, such inspection of all slaughtering, meat-canning, salting, packing, rendering, or similar establishments in which cattle, sheep, swine, goats, horses, mules, and other equines are slaughtered and the meat and meat food products thereof are prepared for commerce as may be necessary to inform himself concerning the sanitary conditions of the same, and to prescribe the rules and regulations of sanitation under which such establishments shall be maintained; and where the sanitary conditions of any such establishment are such that the meat or meat food products are rendered adulterated, he shall refuse to allow said meat or meat food products to be labeled, marked, stamped, or tagged as appropriate inspected and passed. Other inspections. Section 9. The Commissioner shall cause an examination and inspection of all cattle, sheep, swine, goats, horses, mules, and other equines, and the food products thereof, slaughtered and prepared in the establishments hereinbefore

Page 1040

described to be made during the nighttime as well as during the daytime when the slaughtering of said cattle, sheep, swine, goats, horses, mules, and other equines, or the preparation of said food products is conducted during the nighttime. Section 10. No person, firm, or corporation shall, with respect to any cattle, sheep, swine, goats, horses, mules, or other equines, or any carcasses, parts of carcasses, meat or meat food products of any such animals: (a) Slaughter any such animals or prepare any such articles which are capable of use as human food, at any establishment preparing such articles for commerce except in compliance with the requirements of this Act; Slaughtering, etc. (b) Sell, transport, offer for sale or transportation, or receive for transportation, in commerce, (1) any such articles which (A) are capable of use as human food, and (B) are adulterated or misbranded at the time of such sale, transportation, offer for sale or transportation, or receipt for transportation; or (2) any articles required to be inspected under this Part unless they have been so inspected and passed. (c) Do, with respect to any such articles which are capable of use as human food, any act while they are being transported in commerce or held for sale after such transportation, which is intended to cause or has the effect of causing such articles to be adulterated or misbranded. Section 11. (a) No brand manufacturer, printer, or other person, firm, or corporation shall cast, print, lithograph, or otherwise make any device containing any official mark or simulation thereof, or any label bearing any such mark or simulation, or any form of official certificate or simulation thereof, except as authorized by the Commissioner. Labels, etc. (b) No person, firm or corporation shall (1) forge any official device, mark, or certificate;

Page 1041

(2) without authorization from the Commissioner use any official device, mark, or certificate, or simulation thereof, or alter, detach, deface, or destroy any official device, mark, or certificate; (3) contrary to the regulations promulgated by the Commissioner, fail to use, or to detach, deface, or destroy any official device, mark, or certificate; (4) knowingly possess, without promptly notifying the Commissioner or his representative, any official device or any counterfeit, simulated, forged, or improperly altered official certificate or any device or label or any carcass of any animal, or part or product thereof, bearing any counterfeit, simulated, forged, or improperly altered official mark; (5) knowingly make any false statement in any shipper's certificate or other nonofficial or official certificate provided for in the regulations prescribed by the Commissioner; or (6) knowingly represent that any article has been inspected and passed, or exempted, under this Act when, in fact, it has, respectively, not been so inspected and passed, or exempted. Section 12. No person, firm, or corporation shall sell, transport, offer for sale or transportation, or receive for transportation, in commerce, any carcasses of horses, mules, or other equines or parts of such carcasses, or the meat or meat food products thereof, unless they are plainly and conspicuously marked or labeled or otherwise identified as required by regulations promulgated by the Commissioner to show the kinds of animals from which they were derived. When required by the Commissioner with respect to establishments at which inspection is maintained under this Part, such animals and their carcasses, parts thereof, meat and meat food products shall be prepared in establishments separate from those in which cattle, sheep, swine, or goats are slaughtered or their carcasses, parts thereof, meats or meat food products are prepared. Transportation, etc.

Page 1042

Section 13. The Commissioner shall appoint from time to time inspectors to make examinaton and inspection of all cattle, sheep, swine, goats, horses, mules, and other equines the inspection of which is hereby provided for, and of all carcasses and parts thereof, and of all meats and meat food products thereof, and of the sanitary conditions of all establishments in which such meat and meat food products hereinbefore described are prepared; and said inspectors shall refuse to stamp, mark, tag or label any carcass or any part thereof, or meat food product therefrom, prepared in any establishment hereinbefore mentioned, until the same shall have actually been inspected and found to be not adulterated; and shall perform such other duties as are provided by this Act and by the rules and regulations to be promulgated by said Commissioner and said Commissioner shall from time to time, promulgate such rules and regulations as are necessary for the efficient execution of the provisions of this Act, and all inspections and examinations made under this Act shall be such and made in such manner as described in the rules and regulations promulgated by said Commissioner not inconsistent with the provisions of this Act. This Act may be administered in conjunction with the administration of the Georgia Food Act. Inspectors, rules, etc. Section 14. (a) The provisions of this Part requiring inspection of the slaughter of animals and the preparation of the carcasses, parts thereof, meat and meat food products at establishments conducting such operations shall not (1) apply to the slaughtering by any person of animals of his own raising, and the preparation by him and transportation in commerce of the carcasses, parts thereof, meat and meat food products of such animals exclusively for use by him and members of his household and his nonpaying guests and employees; nor (2) to the custom slaughter by any person, firm, or corporation of cattle, sheep, swine or goats delivered by the owner thereof for such slaughter and the preparation by such slaughterer and transportation in commerce of the carcasses, parts thereof, meat and meat food products of such animals, exclusively for use, in the household of such owner, by him, and members of his household and his nonpaying guests and employees: Provided, That such custom slaughterer does not engage in the business of buying

Page 1043

or selling any carcasses, parts of carcasses, meat or meat food products of any cattle, sheep, swine, goats, or equines, capable of use as human food. Exemptions, etc. (b) The provisions of this Act requiring inspection of the slaughter of animals and the preparation of carcasses, parts thereof, meat and meat food products shall not apply to operations of types traditionally and usually conducted at retail stores and restaurants, when conducted at any retail store or restaurant or similar retail-type establishment for sale in normal retail quantities or service of such articles to consumers at such establishments. (c) The slaughter of animals and preparation of articles referred to in paragraphs (a) (2) and (b) of this section shall be conducted in accordance with such sanitary conditions as the Commissioner may by regulations prescribe. (d) The adulteration and misbranding provisions of this Part, other than the requirement of the inspection legend, shall apply to articles which are not required to be inspected under this section. Section 15. The Commissioner may by regulations prescribe conditions under which carcasses, parts of carcasses, meat and meat food products of cattle, sheep, swine, goats, horses, mules, or other equines, capable of use as human food, shall be stored or otherwise handled by any person, firm, or corporation engaged in the business of buying, selling, freezing, storing, or transporting, such articles, whenever the Commissioner deems such action necessary to assure that such articles will not be adulterated or misbranded when delivered to the consumer. Storage, etc. PART IIMEAT PROCESSORS AND RELATED INDUSTRIES Section 16. No person, firm, or corporation shall buy, sell, transport, or offer for sale or transportation, or receive for transportation any animal, carcasses or parts thereof, meat or meat food products of any such animals, which are not intended for use as human food unless they are denatured

Page 1044

or otherwise identified as required by the regulations of the Commissioner or are naturally inedible by humans. Section 17. (a) The following classes of persons, firms, and corporations shall keep such records as will fully and correctly dislose all transactions involved in their businesses; and all persons, firms, and corporations subject to such requirements shall, at all reasonable times, upon notice by a duly authorized representative of the Commissioner afford such representative and any duly authorized representative of the Secretary of Agriculture of the United States accompanied by such representative of the Commissioner access to their places of business and opportunity to examine the facilities, inventory, and records thereof, to copy all such records, and to take reasonable samples of their inventory upon payment of the fair market value therefor: Records. (1) Any persons, firms, or corporations that engage for commerce, in the business of slaughtering any cattle, sheep, swine, goats, horses, mules, or other equines, or preparing freezing, packaging, or labeling any carcasses, or parts or products of carcasses, of any such animals, for use as human food or animal food; (2) Any persons, firms, or corporations that engage in the business of buying or selling (as meat brokers, wholesalers or otherwise), or transporting, in commerce or storing in or for such commerce, any carcasses, or parts or products of carcasses, of any such animals; (3) Any persons, firms, or corporations that engage in business as renderers, or engage in the business of buying, selling, or transporting any dead, dying, disabled or diseased cattle, sheep, swine, goats, horses, mules, or other equines, or parts of such carcasses. (b) Any record required to be maintained by this section shall be maintained for such period of time as the Commissioner may by regulations prescribe. Section 18. No person, firm, or corporation shall engage

Page 1045

in business as a meat broker, renderer, or animal food manufacturer, or engage in business as a wholesaler of any carcasses, or parts or products of the carcasses, of any cattle, sheep, swine, goats, horses, mules, or other equines, whether intended for human food or other purposes, or engage in business as a public warehouseman storing any such articles or engage in the business of buying, selling, or transporting in commerce, any dead, dying, disabled, or diseased animals of the specified kinds, or parts of such carcasses, of any such animals, unless when required by regulations of the Commissioner, he has registered with the Commissioner his name, and the address of each place of business at which, and all trade names under which, he conducts such business. Registration, etc. Section 19. No person, firm, or corporation engaged in the business of buying, selling, or transporting in commerce dead, dying, disabled, or diseased animals, or any parts of the carcasses of any animals shall buy, sell, transport, offer for sale or transportation, or receive for transportation any dead, dying, disabled, or diseased cattle, sheep, swine, goats, horses, mules or other equines, or parts of the carcasses of any such animals, unless such transaction or transportation is made in accordance with such regulations as the Commissioner may promulgate, to assure that such animals, or the unwholesome parts or products thereof, will be prevented from being used for human food purposes. Transportation of animals, etc. PART IIIFEDERAL AND STATE COOPERATION Section 20. (a) The Georgia Department of Agriculture acting by and through the Commissioner is hereby designated as the State agency which shall be responsible for cooperating with the Secretary of Agriculture of the United States under the provisions of the Federal Meat Inspection Act, and other related Federal Acts, and said Department is directed to cooperate with the Secretary of Agriculture of the United States in developing and administering the meat inspection program of this State under this Act to assure that not later than November 15, 1969, its requirements will be at least equal to those imposed under titles I and IV of the Federal Meat Inspection Act and in developing and administering the program of this State under Part II of

Page 1046

this Act in such a manner as will effectuate the purposes of this Act and applicable Federal Acts. State Agency. (b) In such cooperative efforts, the Commissioner is authorized to accept from said Secretary advisory assistance in planning and otherwise developing the State program, technical and laboratory assistance and training (including necessary curricular and instructional materials and equipment), and financial and other aid for administration of such a program. The Commissioner is further authorized to spend public funds of this State appropriated for administration of this Act in furtherance of the cooperative program. (c) The Commissioner is further authorized to recommend to the said Secretary of Agriculture such officials or employees of this State as the Commissioner shall designate, for appointment to the advisory committees provided for in the Federal Meat Inspection Act; and the Commissioner shall serve as the representative of the Governor for consultation with said Secretary under said Act. PART IVAUXILIARY PROVISIONS Section 21. The Commissioner is authorized to refuse to provide, or withdraw, inspection service under Part I of this Act, and to revoke or suspend any license issued by the Department of Agriculture to any person, firm or corporation subject to this Act who shall violate any of the laws of this State pertaining to the Department of Agriculture, or any of the rules and regulations of the Department of Agriculture promulgated pursuant to such laws, or who is unfit to engage in any business requiring inspection under Part I because the applicant or recipient, has been convicted, in any Federal or State court, of (1) any felony, or (2) more than one violation of any law, other than a felony, based upon the acquiring, handling, or distributing of unwholesome, mislabeled, or deceptively packaged food or upon fraud in connection with transactions in food. This section shall not affect in any way other provisions of this Act for withdrawal of inspection services under Part I from establishments failing to maintain sanitary conditions or

Page 1047

to destroy condemned carcasses, parts, meat or meat food products. For the purpose of this section a person shall be deemed to be responsibly connected with the business if he was a partner, officer, director, holder, or owner of 10 per centum or more of its voting stock or an employee in a managerial or executive capacity. Section 22. Whenever any carcass, part of a carcass, meat or meat food product of cattle, sheep, swine, goats, horses, mules, or other equines, or any product exempted from the definition of a meat food product, or any dead, dying, disabled, or diseased cattle, sheep, swine, goat, or equine is found by any authorized representative of the Commissioner upon any premises where it is held for purposes of, or during or after distribution in, and there is reason to believe that any such article is adulterated or misbranded and is capable of use as human food, or that it has not been inspected, in violation of the provisions of Part I of this Act or Title I of the Federal Meat Inspection Act or the Federal Food, Drug and Cosmetic Act, or that such article or animal has been or is intended to be distributed in violation of any such provisions, it may be detained by such representative for a period not to exceed twenty days, pending action under section 24 of this Act or notification of any Federal authorities having jurisdiction over such article or animal, and shall not be moved by any person, firm or corporation from the place at which it is located when so detained, until released by such representative. All official marks may be required by such representative to be removed from such article or animal before it is released unless it appears to the satisfaction of the Commissioner that the article or animal is eligible to retain such marks. Section 23. (a) Any carcass, part of a carcass, meat or meat food product of cattle, sheep, swine, goats, horses, mules or other equines, or any dead, dying, disabled, or diseased cattle, sheep, swine, goats, or equine, that is being transported or is held for sale in this State after such transportation, and that (1) is or has been prepared, sold, transported, or otherwise distributed or offered or received for distribution in violation of this Act, or (2) is capable

Page 1048

of use as human food and is adulterated or misbranded, or (3) in any other way is in violation of this Act, shall be liable to be proceeded against and seized and condemned, at any time, on a libel for condemnation to be brought by the Commissioner in the Superior Court of the county in which the article or animal is found. If the article or animal is condemned it shall, after entry of the decree, be disposed of by destruction or sale as the court may direct and the proceeds, if sold, less the court costs and fees, and storage and other proper expenses, shall be paid into the State treasury, but the article or animals shall not be sold contrary to the provisions of this Act or the Federal Meat Inspection Act or the Federal Food, Drug, and Cosmetic Act: Provided, That upon the execution and delivery of a good and sufficient bond conditioned that the article or animal shall not be sold or otherwise disposed of contrary to the provisions of this Act, or the laws of the United States, the court may direct that such article or animal be delivered to the owner thereof subject to such supervision by authorized representatives of the Commissioner as is necessary to insure compliance with the applicable laws. When a decree of condemnation is entered against the article or animal and it is released under bond, or destroyed, court costs and fees, and storage and other proper expenses shall be awarded against the person, if any, intervening as claimant of the article or animal. Condemnation. (b) The provisions of this section shall in no way derogate from authority for condemnation or seizure conferred by other provisions of this Act, or other laws, but shall be cumulative to such other authority. Section 24. In addition to other remedies herein provided, the Commissioner is hereby authorized to apply to the superior court of the county where the violation occurs, or is threatened, for, and such court shall have jurisdiction upon hearing and for cause shown, to grant, a temporary to permanent injunction restraining any person from violating any provision of this Act, notwithstanding whether or not there exists an adequate remedy at law or the fact that the conduct sought to be enjoined is in violation of the criminal provisions of this Act. Injunctions.

Page 1049

Section 25. Any person, firm, or corporation who violates any provision of this Act with intent to defraud, or who distributes or attempts to distribute an article that is adulterated (except as defined in section 1 (j) (8) of this Act), shall be subject to imprisonment for not more than three years or a fine of not more than $10,000 or both: Provided, That no person, firm, or corporation shall be subject to penalties under this section for receiving for transportation any article or animal in violation of this Act if such receipt was made in good faith, unless such person, firm, or corporation refuses to furnish on request of a representative of the Commissioner the name and address of the person from whom he received such article or animal, and copies of all documents, if any there be, pertaining to the delivery of the article or animal to him. Punishment, etc. Section 26. Nothing in this Act shall be construed as requiring the Commissioner to report for prosecution or for the institution of libel or injunction proceedings, minor violations of this Act whenever he believes that the public interest will be adequately served by a suitable written notice or warning. Minor violations. Section 27. (a) The Commissioner shall also have power: (1) To gather and compile information concerning and, to investigate from time to time the organization, business, conduct, practices, and management of any person, firm, or corporation subject to this Act, and the relation thereof to other persons, firms, and corporations; (2) To require by regulation, persons, firms, and corporations subject to this Act, or any class of them, or any of them to file with the Commissioner, in such form as he may prescribe, annual or special, or both annual and special, reports, or answers in writing to specific questions, furnishing to the Commissioner such information as he may require as to the organization, business, conduct, practices, management, and relation to other persons, firms, and corporations, of the person, firm, or corporation filing such reports or answers in writing. Such reports and answers shall be made under oath, or otherwise as the Commissioner

Page 1050

may prescribe, and shall be filed with the Commissioner within such reasonable period as he may prescribe, unless additional time be granted in any case by the Commissioner. Powers of Commissioners. (b) For the purposes of this Act the Commissioner shall at all reasonable times have access to, for the purpose of examination, and the right to copy any documentary evidence of any person, firm, or corporation being investigated or proceeded against, and may require by subpoena the attendance and testimony of witnesses and the production of all documentary evidence of any person, firm or corporation relating to any matter under investigation. The Commissioner, Hearing Officer, or other designate may sign subpoenas and may administer oaths and affirmations, examine witnesses, and receive evidence. (1) Such attendance of witnesses, and the production of such documentary evidence, may be required at any designated place of hearing. In case of disobedience to a subpoena the Commissioner may apply to the Superior Court for an order requiring the attendance and testimony of witnesses and the production of documentary evidence. (2) The appropriate superior court may, in case of contumacy or refusal to obey a subpoena issued to any person, firm, or corporation, issue an order requiring such person, firm, or corporation to appear before the Commissioner or to produce documentary evidence if so ordered, or to give evidence touching the matter in question; and any failure to obey order of the court may be punished by such court as a contempt thereof. (c) (1) It shall be unlawful for any person, firm, or corporation to willfully make, or cause to be made, any false entry or statement of fact in any report required to be made under this Act, or to willfully make, or cause to be made, any false entry in any account, record, or memorandum kept by any person, firm, or corporation subject to this Act or to willfully neglect or fail to make, or to cause to be made, full, true, and correct entries in such accounts, records, or memoranda, of all facts and transactions appertaining to the business of such person, firm, or

Page 1051

corporation, or to willfully remove out of the jurisdiction of this State, or willfully mutilate, alter, or by any other means falsify or conceal any documentry evidence of any such person, firm, or corporation or to willfully refuse to submit to the Commissioner or to any of his authorized agents, for the purpose of inspection and taking copies, any documentary evidence of any such person, or corporation in his possession or within his control, and any person, or the officers or agents of any firm or corporation, who commits such offense shall upon conviction, be punished by imprisonment of not more than three years or by fine not to exceed $5,000.00, or both. (2) If any person, firm, or corporation required by this Act to file any annual or special report shall fail so to do within the time fixed by the Commissioner for filing the same, and such failure shall continue for thirty days after notice of such default, such person, firm, or corporation shall forfeit to this State the sum of $100.00 for each and every day of the continuance of such failure, which forfeiture shall be payable into the State treasury, and shall be recoverable in a civil suit in the name of the State brought in the County where the person, firm, or corporation has his or its principal office or in any County in which he or it shall do business. It shall be the duty of the Attorney General to prosecute for the recovery of such forfeitures. (3) Information obtained by the Commissioner pursuant to the authority of this Act shall not be made public by any officer or employee of this State without the authorization of the Commissioner, and such information and records shall not be subject to the provisions of the Act approved February 27, 1959 (Ga. Laws 1959, p. 88), providing for the inspection of public records. Section 28. The requirements of this Act shall apply to persons, firms, corporations, establishments, animals, and articles regulated under the Federal Meat Inspection Act only to the extent provided for in section 408 of said Federal Act. Application of Act.

Page 1052

Section 29. Any person who violates any of the provisions of this Act for which a penalty is not otherwise prescribed herein, or who violates any rule or regulation promulgated hereunder, shall be guilty of a misdemeanor and upon conviction thereof shall be punished as provided by law. Crimes. Section 30. If any provision of this Act or the application thereof to any person, firm, or corporation or circumstances is held invalid, the validity of the remainder of the Act and of the application of such provision to other persons, firms, and corporations and circumstances shall not be affected thereby. Severability. Section 31. The Commissioner is hereby authorized to promulgate, from time to time, such regulations as are necessary to effectuate the purpose of this Act. Rules. Section 32. The ante-mortem, post-mortem, and sanitary inspection services provided for in Part I of this Act are not required at any slaughtering, meat-canning, salting, packing, rendering, or similar establishment at which such services are furnished by the United States Department of Agriculture pursuant to the provisions of the Federal Meat Inspection Act. Application of Act. Section 33. This Act may be cited as the Georgia Meat Inspection Act. Short title. Section 34. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 35. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 30, 1969.

Page 1053

LAND CONVEYANCE TO CHATHAM COUNTY. No. 63 (House Resolution No. 45-87). A Resolution. Declaring certain land as surplus, and empowering and directing the Governor to execute the necessary documents so as to vest title of said land in the County of Chatham; and for other purposes. Whereas, Chatham County, in cooperation with the United States of America, is sponsoring a Savannah River Harbor Improvement Project; and Whereas, in connection with said project certain construction is required on an unnamed island, the title to which is in the State of Georgia; and Whereas, said property consists mainly of a mud flat in the Savannah River being of little or no value to the State of Georgia; and Whereas, said property is essential to the harbor improvement project being conducted by Chatham County and the United States of America, said property being described as follows: All that tract or parcel of land being an unnamed island lying and being situate in Back River of the Savannah Harbor, Chatham County, Georgia, approximately 550 feet downstream from the bridge on US Highway 17-A, being bound on all sides by the low water line of Back River and being shown on the attached map, which by this reference is made a part hereof, and being more particularly described as follows: Beginning at a point on the low water line of Back River, said point being located on the centerline extension of the proposed Savannah Harbor Tide Gate Structure, said point having an elevation of 0.00 feet on the 1954 Pulaski Datum Plane (3.56 feet MSL), and having

Page 1054

a coordinate value of N=765,726.89 feet and E=836,823.59 feet and from which a point on the Georgia-South Carolina state line, having a coordinate value of N=765,779.56 feet and E=836,839.42 feet, bears N 16 43[UNK] 19[UNK] E, 55.00 feet, thence from the point of beginning and along the meanders of the low water line of Back River the following chord bearings and distances: S 43 18[UNK] 39[UNK] E, 577.16 feet to a point, said point having a coordinate value of N=765,306.92 feet and E=837,219.50 feet and from which a point on the Georgia-South Carolina state line, having a coordinate value of N=765,445.00 feet and E=837,285.00 feet, bears N 25 22[UNK] 41[UNK] E, 152.83 feet; thence S 32 48[UNK] 30[UNK] E, 222.39 feet to a point; thence S 26 33[UNK] 54[UNK] W, 44.72 feet to a point, said point having a coordinate value of N=765,080.00 feet and E=837,320.00 feet and from which a point on the Georgia-South Carolina state line, having a coordinate value of N=765,095.00 feet and E=837,520.00 feet, bears N 85 42[UNK] 39[UNK] E, 200.56 feet; thence N 67 28[UNK] 47[UNK] W, 162.37 feet to a point; thence N 80 39[UNK] 05[UNK] W, 504.18 feet to a point on the centerline of the proposed Savannah Harbor Tide Gate Structure; thence N 77 14[UNK] 48[UNK] W, 501.19 feet to a point; thence N 72 14[UNK] 51[UNK] W, 607.63 feet to a point; thence N 53 38[UNK] 58[UNK] W, 573.62 feet to a point; thence N 30 48[UNK] 11[UNK] W, 611.22 feet to a point; thence N 09 34[UNK] 42[UNK] W, 162.26 feet to a point, said point having a coordinate value of N=766,545.00 feet and E=834,803.00 feet and from which a point on the Georgia-South Carolina state line, having a coordinate value of N=766,960.00 feet and E=834,450.00 feet bears N 40 23[UNK] 04[UNK] W, 544.82 feet; thence N 80 53[UNK] 09[UNK] E, 189.39 feet to a point, said point having a coordinate value of N=766,575.00 feet and E=834,990.00 feet and from which a point on the Georgia-South Carolina state line, having a coordinate value of N=766,700.27 feet and E=835,045.85 feet, bears N 24 01[UNK] 45[UNK] E, 137.16 feet; thence S 69 00[UNK] 05[UNK] E, 530.21 feet to a point, said point having a coordinate value of N=766,385.00 feet and E=835,485.00 feet and from which a point on the Georgia-South Carolina state line, having a coordinate value of N=766,488.49 feet and E=835,531.70 feet, bears N 24 17[UNK] 14[UNK] E, 113.53 feet; thence S 76 20[UNK] 20[UNK] E, 296.38 feet to a point, said point

Page 1055

having a coordinate value of N=766,315.00 feet and E=835,773.00 feet and from which a point on the Georgia-South Carolina state line, having a coordinate value of N=766,370.61 feet and E=835,802.13 feet, bears N 27 38[UNK] 48[UNK] E, 62.78 feet; thence S 68 30[UNK] 07[UNK] E, 491.17 feet to a point, said point having a coordinate value of N=766,135.00 feet and E=836,230.00 feet and from which a point on the Georgia-South Carolina state line, having a coordinate value of N=766,174.82 feet and E=836,251.31 feet, bears N 28 09[UNK] 14[UNK] E, 45.16 feet; thence S 61 12[UNK] 38[UNK] E, 190.12 feet to a point, said point having a coordinate value of N=766,043.44 feet and E=836,396.62 feet and from which a point on the Georgia-South Carolina state line, having a coordinate value of N=766,110.00 feet and E=836,400.00 feet, bears N 02 54[UNK] 25[UNK] E, 66.65 feet; thence S 53 26[UNK] 50[UNK] E, 531.51 feet to the point of beginning and containing 35.80 acres, more or less; and Whereas, said property is surplus to the State of Georgia; and Whereas, the County of Chatham is a political subdivision of the State of Georgia empowered under the laws of the State of Georgia to receive a conveyance in fee simple of such real property. Now, therefore, be it resolved by the General Assembly of Georgia that the aforedescribed property is hereby declared to be surplus to the State of Georgia, and the Governor and such other state officials as shall be required are empowered, authorized and directed to execute in behalf of and in the interest of the State of Georgia all necessary deeds or other conveyances of the afore-described property for a nominal consideration so as to vest title in the County of Chatham. Approved April 28, 1969.

Page 1056

AMENDMENT OF UNIFORM TIME ACT OF 1966 URGED. No. 64 (House Resolution No. 62-136). A Resolution. Pertaining to Uniform Time; and for other purposes. Whereas, pursuant to the provisions of Section 3 (a) of the Uniform Time Act of 1966, Public Law 89-387, the State of Georgia is observing Uniform (Daylight) Time; and Whereas, pursuant to the provisions of said Act, there were only two states, Arizona and Indiana, within the continental limits of the United States which did not observe Uniform Time in 1968; and Whereas, after having experienced two years of Daylight Saving Time the citizens of the State of Georgia have made known to their elected members of the General Assembly that during the early autumn the advancement of time has caused some inconvenience and dissatisfaction; and Whereas, pursuant to the provisions of the Uniform Time Act of 1966, the State of Georgia has only the option of observing Uniform (Daylight) Time, or of exempting itself from the provisions of Section 3 (a) thereof and observing what has heretofore been known as Eastern Standard Time; and Whereas, if Georgia exempts itself from the provisions of said Section 3 (a), it can become a Time Island thereby creating additional inconveniences, confusion and uncertainties for the many commercial, communications, transportation and branch offices which are located within this state; and Whereas, it is the desire of the citizens of the State of Georgia to relieve themselves of the objectionable feature accompanying the advancement of time during the

Page 1057

early weeks of autumn and yet maintain the many obvious advantages found in the observance of time uniformity. Now, therefore, be it resolved by the General Assembly of Georgia, that this body does hereby urge upon each and every member of the Georgia congressional delegation that he lend his considerable support and energies toward amending the Uniform Time Act of 1966 to move forward the termination date of advanced time to midnight of Labor Day of each year. Be it further resolved, that the Clerk of the House of Representatives is hereby authorized and instructed to transmit an appropriate copy of this Resolution to each and every member of the Georgia congressional delegation. Approved April 28, 1969. JUVENILE COURT LAW STUDY COMMISSION. No. 65 (House Resolution No. 64-139). A Resolution. To amend a Resolution creating the Juvenile Court Law Study Commission, approved April 9, 1968, (Ga. L. 1968, p. 1170), so as to provide that the two juvenile court judges who are members of the Commission shall be paid the expenses and allowances authorized for legislative members of interim legislative committees from funds appropriated to or available to the executive branch of the government; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. A Resolution creating the Juvenile Court Law Study Commission, approved April 9, 1968 (Ga. L.

Page 1058

1968, p. 1170), is hereby amended by striking the last paragraph thereof and by inserting in lieu thereof a new paragraph, to read as follows: The legislative members of the Commission shall receive the expenses and allowances authorized for legislative members of interim legislative committees, but shall receive the same for not more than forty (40) days. The superior court judge shall be paid from the same funds from which he is otherwise compensated. The non-judicial and non-legislative members of the Commission shall be paid from the funds appropriated to or available to the executive branch of the government and from any other available funds. The legislative members of the Commission shall be paid from the funds appropriated to or available to the legislative branch of the government and from any other available funds. Notwithstanding any other provision of law, the juvenile court judges shall each be paid the expenses and allowances authorized for legislative members of interim legislative committees from funds appropriated to or available to the executive branch of the government. Compensation. Section 2. This Resolution shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Resolution are hereby repealed. Approved April 28, 1969. LAND CONVEYANCE TO CITY OF LOUISVILLE. No. 66 (House Resolution No. 74-184). A Resolution. Authorizing conveyance of a certain tract of State-owned property; and for other purposes. Whereas, on December 1, 1933, the City of Louisville

Page 1059

conveyed to the State Highway Board the following tract of land: All that lot of land located in the City of Louisville, in the 82nd., District G.M. of Jefferson County, described as follows: Fronting one hundred and thirty (130) feet on Green Street and being exactly rectangular in shape, and runing back from Green Street in a perfect parallelogram, two hundred (200) feet, and being more particularly described as follows: Beginning at a point on Green Street exactly twenty (20) feet towards the Southeast from the southern corner of the Main Shop Building of the State Highway Board of the State of Georgia, marked by a permanent concrete floor, this point being arrived at by continuing the southwestern line of the said concrete floor towards the southeast until it intersects with the northwestern side of Green Street; thence towards the southwest along Green Street exactly twenty (20) feet to a point which is to be the southern corner of the lot hereby conveyed; thence exactly at right angles to Green Street towards the northwest a distance of exactly two hundred (200) feet to a point which is to be the western corner of the lot hereby conveyed; thence exactly at right angles towards the northeast a distance of exactly one hundred and thirty (130) feet to a point which is to be the northern corner of the lot hereby conveyed; thence exactly at right angles towards the southeast a distance of exactly two hundred (200) feet to Green Street to a point which is to be the eastern corner of the lot hereby conveyed; thence along Green Street one hundred and thirty (130) feet to the point of beginning.; and Whereas, said tract of land was utilized by the State Highway Department as a maintenance shop; and Whereas, the State Highway Department has ceased to use said tract of land, and all activities of the Department taking place at such site have been transferred to

Page 1060

a newly constructed maintenance barn on U. S. Highway 1, north of the City of Louisville; and Whereas, said tract of land is no longer of any use or benefit to the State Highway Department or this State. Now, therefore, be it resolved by the General Assembly of Georgia that the Governor, acting for and in behalf of the State of Georgia, is hereby authorized to execute the appropriate instruments conveying title to the hereinabove described tract of land to the City of Louisville for and in consideration of the sum of ten ($10.00) dollars. Approved April 28, 1969. PROTECTION OF CAPITOL BUILDING AND GROUNDS. No. 67 (House Resolution No. 133-375). A Resolution. Relative to protection of the Capitol Building and Grounds; and for other purposes. Whereas, the Secretary of State is Keeper of the Capitol Building and Grounds and has to give constant supervision to its protection and its upkeep; and Whereas, for five years the Secretary of State has had to fight by many means to get rid of starlings that infested the building and the trees, and finally succeeded in driving them away with roman candles over three years ago; and Whereas, a new generation of starlings in great numbers is now scouting around and looking for a place to roost; and

Page 1061

Whereas, this situation could become critical for the Secretary of State in his attempt to protect and preserve the Capitol Building and Grounds; and Whereas, the Honorable James L. Bentley, Comptroller General, is the Fire Marshal of the State and administers the fireworks statutes of the State of Georgia. Now, therefore, be it resolved by the General Assembly of Georgia that the Honorable James L. Bentley authorize and direct the Secretary of State, Ben W. Fortson, Jr., by permit, to obtain sufficient roman candles for the protection of the Capitol and Grounds against the aggravating and annoying, voracious, destructive, and disease-carrying birds; said roman candles to be used in his efforts to prevent these pests from again roosting at the Georgia State Capitol. Approved April 28, 1969. DISPOSAL OF GOVERNOR'S MANSION ON THE PRADO AUTHORIZED. No. 68 (House Resolution No. 139-399). A Resolution. Authorizing the disposal of that tract of land on which was located the Governor's mansion in Ansley Park, Atlanta, Georgia; and for other purposes. Whereas, the construction of the new Executive Center has been completed; and Whereas, the Governor's mansion in said Ansley Park has been vacated; and Whereas, that tract of land upon which the old Governor's mansion is located is more particularly described as follows:

Page 1062

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

Page 1063

Whereas, said tract of land is completely surrounded by single family residential dwellings; and Whereas, the State of Georgia is desirous of disposing of said property, without, however, doing any injury to this beautiful neighborhood. Now, therefore, be it resolved by the General Assembly that the State Properties Control Commission is hereby authorized to dispose of said property, under such procedures, terms and conditions as in its judgment will best serve the interest of the State of Georgia, to any responsible person, firm, corporation or association, for residential uses which would be consistent with the surrounding property and neighborhood; provided further, that at the time of the conveyance of the hereinbefore described property to such grantee, the said property shall be subject to zoning by the City of Atlanta. The Governor, acting for and in behalf of the State of Georgia and the State Properties Control Commission, is hereby authorized and directed to convey the tract of land described in accordance with this resolution. Be it further resolved, that a resolution authorizing the disposal of a tract of land on which is located the Governor's mansion in Ansley Park, approved March 14, 1966 (Ga. L. 1966, p. 487), as amended by a resolution approved April 11, 1968 (Ga. L. 1968, p. 1382) is hereby repealed in its entirety. Prior Resolutions repealed. Approved April 28, 1969. JOINT HIGHWAY LAWS INTERIM STUDY COMMITTEE. No. 69 (House Resolution No. 144-444). A Resolution. Recreating the Joint Highway Laws Interim Study Committee; and for other purposes. Whereas, the 1968 General Assembly created the Joint

Page 1064

Highway Laws Interim Study Committee, and assigned to it the duty of consolidating all the existing highway laws into a meaningful and understandable code; and Whereas, the Committee was also asked to oversee a contract between the State Highway Department and University of Georgia School of Law, which contract provides for the creation of the aforesaid highway code; and Whereas, the contract has a two year life; and Whereas, the Committee was given only a one year life; and Whereas, the Committee would like to be recreated in order to be able to complete its obligations. Now, therefore, be it resolved by the General Assembly of Georgia that there is hereby recreated the Joint Highway Laws Interim Study Committee. The Committee shall consist of the same members of the House of Representatives and the same members of the Senate who were on the original Committee created by House Resolution 451-994 (Ga. L. 1968, p. 1176), except for those members who have not returned as members of the House or Senate. The President of the Senate may fill all vacancies caused by members of the Senate who have not returned. The Speaker of the House may fill all vacancies caused by members of the House who have not returned. The Committee shall have the same powers, duties and authority as were given to the original Committee and the members shall receive such expenses and allowances authorized to legislative members of interim legislative committees, from funds appropriated to or available to the legislative branch, but for a period not to exceed 20 days. The Committee shall make a report of its findings, and shall propose legislation, on or before the second Monday in January, 1970, at which time the Committee shall stand abolished. Approved April 28, 1969.

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OPPOSITION TO BAN ON CIGARETTE ADVERTISING EXPRESSED. No. 70 (House Resolution No. 181-470). A Resolution. Expressing opposition to the Federal Communications Commission's proposal to ban cigarette advertising on radio and television; and for other purposes. Whereas, the Federal Communications Commission plans to ban all cigarette advertising on radio and television unless the United States Congress intervenes to prevent said Commission from carrying out said plan; and Whereas, if carried out, this proposed ban on cigarette advertising would do violence to the principles of free enterprise which have been the source of the greatness of our country; and Whereas, the tobacco industry has always been and still is of fundamental importance to the economy of the South; and Whereas, the importance of the tobacco industry to our own State is demonstrated by the fact that Georgia growers produced an average of over 78 million dollars worth of tobacco per annum during the past three years; and Whereas, the impact that tobacco has on the Georgia economy is further demonstrated by the fact that there are over 26,000 tobacco growers in this State, and many times that number of people depend on the tobacco industry, either directly or indirectly, for their livelihood; and Whereas, at a time when further taxation of our citizens is being considered, it should be noted that over thirty-seven and one-half million dollars in cigarette and

Page 1066

tobacco taxes was collected by the State of Georgia during the fiscal year ended June 30, 1968; and Whereas, cigarette advertising is directed toward people who already smoke and amounts to competition among brands rather than an inducement to people to begin smoking; Whereas, while convincing evidence has been presented to show that cigarette smoking is harmful to health, the alleged impact of cigarette advertising on actual smoking is sheer speculation which has not been backed up by objective and factual information; and Whereas, since no reasonable justification for banning cigarette advertising on radio and television has been demonstrated and such a ban could have far-reaching adverse effects on the economy of our country, the Federal Communications Commission's plan to implement such a ban should be abandoned. Now, therefore, be it resolved by the General Assembly of Georgia that the members of this body do hereby express their firm opposition to the proposal by the Federal Communications Commission to ban cigarette advertising on radio and television. Be it further resolved that all members of the Georgia delegation to the United States Congress are hereby requested and urged to use their power and influence in prohibiting the implementation of the proposed ban of cigarette advertising on radio and television. Be it further resolved that the Clerk of the House of Representatives is hereby authorized and directed to transmit appropriate copies of this resolution to Honorable Richard M. Nixon, President of the United States; Honorable Clifford M. Hardin, Secretary of Agriculture; Honorable Phil Campbell, Undersecretary of Agriculture; each member of the Georgia delegation to the United States Congress; the Federal Communications Commission; Honorable Lester Maddox, Governor of Georgia and

Page 1067

Honorable Thomas T. Irvin, Georgia Commissioner of Agriculture. Approved April 28, 1969. EASEMENT TO MACON-BIBB COUNTY HOSPITAL AUTHORITY. No. 71 (House Resolution No. 199-575). A Resolution. Authorizing the Governor to convey an easement to the Macon-Bibb County Hospital Authority and empowering the Governor to execute an appropriate instrument of conveyance; and for other purposes. Whereas, the State of Georgia is the owner of certain land in Lot 1, Square 73 of the City of Macon, Bibb County, Georgia, including encroachments into Hemlock Street and into what was formerly New Street (now closed), which property is shown on a plat of the property of the State of Georgia, Department of Public Health, made by Frank E. Lester, Georgia Registered Professional Engineer Number 1118, which plat is recorded in Plat Book 23, Folio 146, Clerk's Office, Bibb Superior Court (with the exception of parcel A shown on said plat which is now owned by the Macon-Bibb County Hospital Authority); and Whereas, said Authority is about to construct new hospital facilities, a part of which will be located to the rear or north of the aforementioned property owned by the State of Georgia; and Whereas, said Authority has need for an easement for purposes of ingress and egress over a portion of the aforementioned property owned by the State of Georgia, the property over which the easement will extend being hereinafter more fully described; and

Page 1068

Whereas, the easement needed by said Authority may be granted by the State of Georgia without interfering with the operation of the regional office which is operated by the Board of Health of the State of Georgia on the hereinbefore described property; and Whereas, the area covered by the easement may and will be used jointly by the Authority and the State of Georgia, the use by each being compatible with the joint use by the other; and Whereas, the granting of said easement has been approved by the Board of Health of the State of Georgia at a meeting held on January 16, 1969; and Whereas, the grant of the easement desired by said Authority will greatly enhance the utilization of the property owned by said Authority and its use for hospital purposes, to the mutual benefit of said Authority and the persons served and to be served by the hospital owned and operated by it. Now, therefore, be it resolved by the General Assembly of Georgia that the Governor of the State of Georgia is hereby authorized and empowered to grant and convey to the Macon-Bibb County Hospital Authority an easement for purposes of ingress and egress over property presently owned by the State of Georgia, the property over which said easement is to be granted being more particularly described as a strip sixteen feet in width along and adjacent to the eastern boundary of the property of the State of Georgia in Lot 1, Square 73, of the City of Macon and shown on a plat thereof dated March, 1953, made by Frank E. Lester, Professional Registered Engineer Number 1118 and recorded in Plat Book 23, Folio 146, Clerk's Office, Bibb Superior Court and as a strip ten feet in width along the adjacent to the rear or northern line of said property. The exact dimensions of the property over which the easement is to be granted is shown on a plat made by S. J. Gostin Company, Inc., for Macon Hospital dated January 3, 1969, and recorded in Plat Book 44, Folio 117, Clerk's Office, Bibb Superior

Page 1069

Court. Said easement covers approximately 3118 square feet. The granting of said easement has been approved by the Board of Health of the State of Georgia by resolution duly adopted on January 16, 1969, as aforesaid. Be it further resolved that the easement to be granted by the State of Georgia, and authorized by this resolution, is a non-exclusive easement, and the land over which the easement is granted may be used by the State of Georgia for any and all purposes not inconsistent with the grant of the easement. Be it further resolved that the Governor is hereby authorized to execute an appropriate conveyance to the Macon-Bibb Hospital Authority for and in the name of the State of Georgia, conveying the easement referred to herein. Approved April 28, 1969. EXCHANGE OF LAND IN FULTON COUNTY AUTHORIZED. No. 72 (House Resolution No. 227-644). A Resolution. Authorizing the conveyance of certain real property in Fulton County, Georgia in exchange for certain other real property located in Fulton County, Georgia; and for other purposes. Whereas, Charles C. Barton and George H. Johnson own real property in Fulton County, adjacent to and on both sides of Northside Drive at the point at which Northside Drive intersects Interstate Highway No. 1-285-1-(11) and intersects Powers Ferry Road and Riverside Lane; and Whereas, the State Highway Department of Georgia,

Page 1070

Fulton County, and Charles C. Barton and George H. Johnson have been and are presently working on an overall relocation and development plan pursuant to which Northside Drive will be straightened and widened to four lanes at no cost to the State Highway Department and a second bridge overpass of Interstate Highway No. I-285-1-(11) will be constructed therefor, Powers Ferry Road and Riverside Lane will be relocated at no cost to the State Highway Department, access ramps between Powers Ferry Road and Northside Drive will be constructed at no cost to the State Highway Department, and other improvements affecting the interchange of traffic at Northside Drive and Interstate Highway No. I-285-1-(11) will be made; and Whereas, in order to consummate the relocation and development plan certain lands of Charles C. Barton and George H. Johnson will be required; and Whereas, the State Highway Department of Georgia is the owner of certain real property located in Fulton County, Georgia adjacent to the right of way for Interstate Highway No. I-285-1-(11) which property is located between said highway and the property owned by Charles C. Barton and George H. Johnson, which property is now surplus and is neither needed nor useful to the State Highway Department of Georgia, nor the State of Georgia in the construction of Interstate Highway No. I-285-1-(11) and which property is more particularly described as follows: TRACT A: All that tract or parcel of land lying and being in Land Lot 205 of the 17th District of Fulton County, Georgia, and being more particularly described as follows: Beginning at the intersection of the existing southeast right of way line of Powers Ferry Road with the existing southwest right of way line of Northside Drive; running thence southeasterly along said southwest right of way line to a point opposite Station 23+50 on the survey center line of the relocation of Northside Drive

Page 1071

of Georgia Highway Project I-285-1-(11); thence northwesterly along a straight line to a point which is 60 feet southwest of and opposite Station 23+00 on said survey center line; thence northwesterly along a straight line to a point which is 70 feet southwest of and opposite Station 21+00 on said survey center line; thence southwesterly along a straight line to a point which is 345 feet southeast of and opposite Station 738+00 on the survey center line of said project; thence southwesterly along a straight line to a point which is 385 feet southeast of and opposite Station 736+35 on said project survey center line; thence northwesterly along a straight line to a point which is 330 feet southeast of and opposite Station 736+00 on said project survey center line; thence southwesterly along a straight line to a point which is 220 feet southeast of and opposite Station 731+00 on said project survey center line; thence northwesterly along a straight line 36 feet to said existing southeast right of way line of Powers Ferry Road at a point opposite said Station 731+00; thence northeasterly along said southeast right of way line back to the point of beginning. TRACT B: All that tract or parcel of land lying and being in Land Lot 205 of the 17th District of Fulton County, Georgia, and being more particularly described as follows: Beginning at a point on the existing northeast right of way line of Northside Drive opposite Station 23+50 on the survey center line of the relocation of Northside Drive of Georgia Highway Project I-285-1-(11); running thence northwesterly along said northeast right of way line to the existing southeast right of way line of Powers Ferry Road; thence northeasterly along said southeast right of way line of Powers Ferry Road to a point opposite Station 747+00 on the survey center line of said project; thence southeasterly along a straight line to a point which is 320 feet southeast of and opposite said Station 747+00; thence southwesterly along a straight line to a point which is 285 feet southeast of and opposite Station 745+50 on said project survey center line; thence southwesterly along a straight line to a point

Page 1072

which is 280 feet southeast of and opposite Station 743+50 on said project survey center line; thence southwesterly along a straight line to a point which is 360 feet southeast of and opposite Station 739+50 on said project survey center line; thence southeasterly along a straight line to a point which is 120 feet northeast of and opposite Station 23+00 on said relocation survey center line; thence southwesterly along a straight line back to the beginning point. TRACT C: All that tract or parcel of land lying and being in Land Lot 205 of the 17th District of Fulton County, Georgia, and being more particularly described as follows: Beginning at a point which is 150 feet southeast of and opposite Station 751+00 on said project survey center line; thence southeasterly along a straight line 170.69 feet to a point opposite said Station 751+00, said point being on the existing northwest right of way line of Powers Ferry Road; thence southwesterly along said existing northwest right of way line 751.77 feet to a point which is 200 feet southeast of and opposite Station 743+63.77 on said project survey center line; thence northeasterly along a straight line 737.93 feet back to the point of beginning. and Whereas, Charles C. Barton and George H. Johnson are willing to convey to the State Highway Department of Georgia and Fulton County the land required to carry out the relocation and development plan and to perform certain relocation and development work in exchange for the real property of the State Highway Department of Georgia hereinabove described, Now, therefore, be it resolved by the General Assembly of the State of Georgia that if the relocation and development plan above described is resolved to the satisfaction of the State Highway Department of Georgia and if the State Highway Department of Georgia shall indicate its satisfaction in a request of the Governor to

Page 1073

convey the real property above described to Charles C. Barton and George H. Johnson in exchange for the real property necessary to consummate the relocation and development, 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 Charles C. Barton and George H. Johnson, 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 real property above described, subject to the execution and delivery by Charles C. Barton and George H. Johnson of a deed conveying to the State Highway Department of Georgia a full and unencumbered fee simple title to the real property required by the State Highway Department of Georgia. Approved April 28, 1969. U. S. HIGHWAY 19 FROM GRIFFIN TO GEORGIA-FLORIDA BORDER DESIGNATED AS A SCENIC HIGHWAY. No. 73 (House Resolution No. 250-701). A Resolution. Authorizing and directing the State Highway Department to name U. S. Highway 19, from Griffin to the Florida-Georgia border as a scenic highway; and for other purposes. Whereas, in this day and age of hustle and bustle, when almost every person is in a tremendous hurry to reach some destination beyond the horizon, it is a pleasurable experience to drive along a highway which was constructed before giant earth moving machines came along to chew great holes in the scenic mountains and forests; and Whereas, one such highway is U. S. Highway 19, from Griffin to the Florida-Georgia border; and

Page 1074

Whereas, this highway is lovely in the Spring, when the dogwoods are in full bloom, and the trees and forests are proudly parading their verdant smiles; and Whereas, unlike the modern expressway, which shoots straight as an arrow for eons, the meanderings of U. S. Highway 19 provide a pleasant diversion for weary travelers who wish to bless their eyes with lovely rolling hills clothed in nature's magnificent dressing; and Whereas, it seems only fitting and proper that the officials of the State Highway Department name U. S. Highway 19, from Griffin to the Florida-Georgia border, as a Scenic Highway in order that those travelers, who might not ordinarily divert themselves from the giant super highways, will be able to know that there is a beautiful stretch of road which will provide visual pleasures to their travel weary eyes. Now, therefore, be it resolved by the General Assembly of Georgia that the proper officials of the State Highway Department are hereby authorized and directed to do all things necessary in order to designate U. S. Highway 19, from Griffin to the Florida-Georgia border as a Scenic Highway. Approved April 28, 1969. GEORGIA COMMISSION FOR THE NATIONAL BICENTENNIAL CELEBRATION. No. 74 (House Resolution No. 251-705). A Resolution. Creating the Georgia Commission for the National Bicentennial Celebration; and for other purposes. Whereas, the Congress of the United States has established an American Revolution Bicentennial Commission

Page 1075

to properly observe and commemorate this anniversary; and Whereas, the American Revolution Bicentennial Commission has invited each state to create a commission to cooperate with national and local groups to plan for the commemoration of this event; and Whereas, Georgia, as one of the original thirteen colonies, has a long and proud history and should rightfully participate in this momentous observance. Now, therefore, be it resolved by the General Assembly that there is created the Georgia Commission for the National Bicentennial Celebration to be composed of five members of the Senate to be appointed by the President of the Senate; five members of the House of Representatives to be appointed by the Speaker of the House of Representatives; nine members to be appointed by the Governor, one from the membership of each of the following organizations; Children of the American Revolution Daughters of the American Revolution Georgia Association of County Commissioners Georgia Business and Industry Association Georgia Historical Society Georgia Municipal Association Georgia Press Association Georgia State Chamber of Commerce, and the Sons of the American Revolution; and three citizens from the State at large to be appointed by the Governor. The Secretary of State, the Attorney

Page 1076

General, the Director of the Department of Industry and Trade, the Director of the Department of Archives and History and the Secretary of the Georgia Historical Commission shall be ex officio members of the Commission. Vacancies shall be filled in the same manner in which the original appointments were made. The Commission shall elect a chairman and such other officers as it may deem necessary at its organizational meeting, which shall be held prior to December 31, 1969. The members of the Commission shall receive no compensation for their services. It shall be the duty of the Commission to cooperate with the American Revolution Bicentennial Celebration Commission and with local groups to prepare an overall program for commemorating the bicentennial of the American Revolution and to plan, encourage, develop and coordinate observances and activities commemorating the historic events that preceded and are associated with the American Revolution. In its planning, the Commission shall give special emphasis to the Georgians who played important parts in the development of the United States and in world affairs and in mankind's quest for freedom. The President of the Senate may fill all vacancies caused by members of the Senate who have not returned, and the Speaker of the House may fill all vacancies caused by members of the House who have not returned, during the existence of the Commission. Be it further resolved that the Commission may make a report of its activities to the General Assembly with any recommendations it may wish to make from time to time. Approved April 28, 1969.

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LEASE OF LAND TO EDWIN MATHIS AUTHORIZED. No. 75 (House Resolution No. 255-756). A Resolution. Authorizing and directing the State Properties Control Commission to lease certain State property located in Floyd County, Georgia; and for other purposes. Whereas, the State of Georgia holds title to certain State property located in Floyd County, Georgia, which has been declared surplus and transferred to the State Properties Control Commission; and Whereas, said tract or parcel of land is more particularly described as follows: All that tract or parcel of land situated, lying and being in the twenty-third District and Third Section of Floyd County, Georgia, and being a part of what has been known as the Yancy and Mobley Tracts and Emma J. McGhee lots, and more particularly described as follows: Beginning at a point on the northerly side of that street designated on the map of the City of Rome made and compiled by Dietz Brothers in 1890, as Seventh Street in New Rome, sometimes called the Furnace Road, and being the street along which the old dummy line formerly ran from the Cave Springs Road to the Old Lindale Road, said point being one hundred ninety-five (195) feet south 69D 30M east from the point where the northerly side of said described street intersects the eastern boundary of the right of way of the Southern Railway Company, such beginning point being marked by an iron pipe, and from such beginning point running north 20D 30M east eight hundred twenty (820) feet to an iron pipe; thence at a right angle south 69D 30M east sixtyfive (65) feet; thence at a right angle south 20D 30M west eight hundred twenty (820) feet to an iron pipe on the northern side of said street; thence at a right angle

Page 1078

north 69D 30M west sixty-five (65) feet to the beginning point. Said property is a part of that conveyed by the Rome Chamber of Commerce to Coosa Valley Livestock Association by two deeds dated March 25, 1948, recorded in Book 231, Pages 104 and 105, of the deed records of said county. Also: All that tract or parcel of land situated, lying and being in the twenty-third District and Third Section of Floyd County, Georgia, and being part of what has been known as the Yancey and Mobley tracts and Emma J. McGhee lots, and more particularly described as follows: Beginning at the northwesterly corner of the tract this day conveyed by Coosa Valley Livestock Association, Inc., to Tom Linder, as Commissioner of Agriculture of the State of Georgia, which corner is located two hundred and sixty (260) feet south 69D 30M east from the easterly side of the right of way of the Southern Railway Co., and eight hundred twenty (820) feet north 20D 30M east from the northerly side of that street designated on the map of the city of Rome made and compiled by Dietz Brothers in 1890, as Seventh Street in New Rome, sometimes called the Furnace Road and being the street along which the old dummy line formerly ran from Cave Springs Road to the Old Lindale Road, and from said beginning point, running south 69D 30M east sixty-five (65) feet to an iron pipe; thence south 20D 30M west one hundred eighty (180) feet to a point on a line with the southeasterly side of what is known as the `Potato House' on the property of the party of the first part; thence south 69D 30M east, and along the southwesterly side of said `Potato House' sixty-four (64) feet to the southeast corner of said `Potato House'; thence south 20D 30M west two hundred (200) feet; thence north 69D 30M west one hundred twenty-nine (129) feet to the southeasterly side of said tract this day conveyed to Tom Linder, as Commissioner of Agriculture of the State of Georgia, as aforesaid; thence north 20D 30M east, along the southerly side of said tract referred to above, three

Page 1079

hundred eighty (380) feet to the beginning point. Said property is a part of that conveyed by Rome Chamber of Commerce to Coosa Valley Livestock Association by two deeds dated March 25, 1948, recorded in Book 231, pages 104 and 105 of the deed records of said County. Said property having situated thereon one steel and masonry building 76 [UNK] 160 feet and one concrete block building 42 [UNK] 80 feet.; and Whereas, said tract or parcel of land has been used by the State of Georgia and has also been leased for many years for the express purpose of a State Farmers Market; and Whereas, the school systems of Rome and Floyd County, as well as the private educational institutions located in Floyd County, have expressed a desire to use these facilities for the storage of foodstuffs; and Whereas, a petition signed by a cross section of the citizens of Floyd County have indicated a desire that the Farmers Market continue in operation; and Whereas, the operation of the Market by the State of Georgia is not feasible; and Whereas, it is the desire of the General Assembly to lease said property for a period of 15 years with the restrictions and stipulations that it be used for a Farmers Market. Now, therefore, be it resolved by the General Assembly of Georgia that the State Properties Control Commission, on behalf of the State of Georgia, is hereby authorized and directed to lease the tract or parcel of land described in this resolution to Mr. Edwin Mathis for a period of 15 years from May 1, 1969, for a reasonable rental to be determined by the State Properties Control Commission with the restrictions and stipulations that this property to be used as a Farmers Market and

Page 1080

that the lessee be required to maintain all equipment and facilities in the building and adequate insurance on the building and that the lessee be required to pay all utility bills. The State Properties Control Commission, acting for and on behalf of the State of Georgia, is hereby authorized and directed to execute and deliver such leases and other written instruments as may be necessary to carry out the provisions of this resolution. Approved April 28, 1969. E. S. LANE BRIDGE. No. 76 (House Resolution No. 257-758). A Resolution. Requesting the State Highway Department to designate a certain bridge as the E. S. Lane Bridge; and for other purposes. Whereas, Project Number GR2-219 (7) of the State Highway Department calls for building a bridge over the Ogeechee River on Secondary Route Number 1318 between the towns of Blitch and Ogeechee; and Whereas, the original wooden bridge located at this site was constructed by Mr. Ebenezer S. Lane, the grandfather of our distinguished colleague from the 44th District, Honorable W. Jones Lane; and Whereas, the wooden bridge constructed by Mr. Ebenezer S. Lane was deeded by him to Bulloch and Screven Counties and, being located on the county line, was the link between said counties for many years; and Whereas, Mr. Emory S. Lane, the father of W. Jones Lane, always hoped that one day a fine permanent bridge would be constructed at this site; and

Page 1081

Whereas, it is only fitting and proper that the new bridge be named in memory of Emory S. Lane, an outstanding Georgian. Now, therefore, be it resolved by the House of Representatives that the members of this body do hereby request the State Highway Department to designate the bridge being constructed pursuant to Project Number GR-219 (7) as the E. S. Lane Bridge and take the necessary steps to have said bridge properly marked accordingly. Be it further resolved that the Clerk of the House of Representatives is hereby authorized and directed to transmit an appropriate copy of this Resolution to Honorable W. Jones Lane, Representative, 44th District. Approved April 28, 1969. LAND CONVEYANCE TO PERCY HELMER. No. 77 (House Resolution No. 270-825). A Resolution. Authorizing the conveyance of certain real estate located in Fulton County, Georgia; and for other purposes. Whereas, on March 21, 1966, the State Highway Department requested that it be granted an easement to use the property described below, but due to an oversight or misunderstanding, the original owner of the property deeded the said property, by quitclaim deed, to the State Highway Department for $1.00; and Whereas, the Highway Department has recently completed construction of a limited access highway adjacent to the property described below, and the said department wishes to return the property to its rightful owner, because it is no longer needed; and

Page 1082

Whereas, the property, lying in Fulton County, is more fully described as follows: All that tract or parcel of land, lying and being in Land Lot 18 of the 17th District of Fulton County, Georgia, more particularly described as follows: `Beginning at an iron pin on the north side of Hammond Drive 78.71 feet east, as measured along the north side of Hammond Drive, from the intersection of the north side of Hammond Drive with the west line of Land Lot 18, said beginning point also being at the southeast corner of property conveyed by P. H. Thompson to State Highway Department of Georgia for North Fulton Expressway, dated March 21, 1966, and recorded in deed book 4566, page 440, Fulton County Records; thence north 0 degrees 0 minutes 45 seconds west, along the east line of said right-of-way for North Fulton Expressway, 246.75 feet to an iron pin; thence north 9 degrees 23 minutes 20 seconds east, along the east line of said right-of-way, 153.07 feet to an iron pin on the south line of property now or formerly owned by J. C. Simmons; thence north 89 degrees 59 minutes 15 seconds east, along the south line of said Simmons property, 187.29 feet to an iron pin at the northeast corner of property conveyed to P. H. Thompson by deed from Emmett R. Williamson and Adele O. Williamson dated November 30, 1959, and recorded in deed book 3522, page 239, Fulton County Records; thence south 2 degrees 19 minutes 0 seconds west 400 feet to an iron pin on the north side of Hammond Drive; thence west, along the north side of Hammond Drive 196.29 feet to the point of beginning, being improved property known as 912 Hammond Drive, N. E. Atlanta, Georgia.' Now, therefore, be it resolved by the General Assembly of Georgia that the Governor, acting for and on behalf of the State Highway Department of Georgia, is hereby authorized and empowered to grant, bargain, sell and convey to Mr. Percy Helmer, for and in consideration of $1.00, the moral obligation of the State, and other valuable considerations, all of the rights, titles and interests

Page 1083

the State of Georgia has in the tract of land described hereinabove. Be it further resolved that the Governor, acting for and on behalf of the State of Georgia, be and he is hereby further authorized and empowered to execute and deliver deeds or other written instruments that may be necessary and in such form that may be necessary to carry out the provisions of this Resolution and originate or continue record chain of title to the tract or parcel of land herein described. Approved April 28, 1969. LAND CONVEYANCE TO GREENE COUNTY. No. 78 (House Resolution No. 271-825). A Resolution. Authorizing the conveyance of certain real property located in Greene County, Georgia, to Greene County; and for other purposes. Whereas, there is a certain tract of land located in Greene County, Georgia, containing 0.646 acre which is owned by the State of Georgia and is under the control and management of the Georgia Forestry Commission; and Whereas, said tract was used as a county forestry unit headquarters under cooperative agreement with Greene County; and Whereas, said forestry unit headquarters has been relocated within Greene County; and Whereas, said tract of land is more particularly described as follows:

Page 1084

All that tract or parcel of land lying and being in the 143 G.M.D. of Greene County, Georgia, containing 0.646 acre, more or less, and being more particularly described as follows: To reach the point of beginning, commence at a point in the center line of Georgia Highway No. 15, which point is located 1,829.1 feet northeasterly along the center line of Georgia Highway No. 15 from the northerly edge of a new bridge constructed over Richland Creek; thence in a westerly direction so as to form an interior angle of 90 degrees with the center line of Georgia Highway No. 15 at the point above described a distance of 50 feet to an iron pin located on the westerly boundary of the right-of-way for Georgia Highway No. 15. This is the point of beginning. From said point of beginning thus arrived at, running north 61 degrees 30 minutes west a distance of 68.4 feet to an iron pin; thence north 55 degrees west a distance of 183.5 feet to an iron pin; thence north 36 degrees east a distance of 240.5 feet to an iron pin located on the westerly boundary of the right-of-way for Georgia Highway No. 15; thence south 12 degrees 30 minutes east along said right-of-way a distance of 336.6 feet to an iron pin, the point of beginning. 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, Greene County is desirous of obtaining said tract of land for educational and other public purposes. 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 Greene County for and in consideration of the sum of two hundred dollars ($200.00). Approved April 28, 1969.

Page 1085

LAND IN WHITFIELD COUNTY ABANDONED FOR PARK PURPOSES. No. 79 (House Resolution No. 272-825). A Resolution abondoning certain property in Whitfield County for park purposes; and for other purposes. Whereas, the United States of America by and through Oscar L. Chapman, Secretary of the Interior, deeded certain property in Whitfield County to the State of Georgia by quit-claim deed dated March 20, 1952; and Whereas, such property was conveyed to the State for public use as a park system of the State of Georgia and was deeded pursuant to a Federal Act of September 21, 1950 (64 Stat. 896) entitled An Act to provide for the conveyance of certain historical properties to the State of Georgia, and for other purposes; and Whereas, such property is now in the custody of the State Highway Department and is maintained as a part of that department's program of roadside parks; and Whereas, such property is desired for use as the location of a new State Patrol barracks for the Department of Public Safety, and such property will be transferred from the State Highway Department to the Department of Public Safety; and Whereas, members of the United States Senate and House of Representatives from Georgia are seeking Federal legislation which would authorize the use of such property for other than park purposes; and Whereas, it is necessary that the State of Georgia abandon such property for park purposes; and Whereas, such property is described in the aforesaid deed as follows: ROCKY FACE RIDGE Site; That certain tract or

Page 1086

parcel of land lying or being in land Lot No. 148, in the 12th District and 3rd Section of Whitfield County, Georgia, containing 6.4 acres, more or less; being the same land conveyed to the United States of America by Mattie Springfield under deed dated September 12, 1939, recorded in book 26, folio 527, of the records of Whitfield County, Georgia.; and Whereas, said property is described in the aforesaid deed from Mattie Springfield to the United States of America as follows: All that tract or parcel of land lying and being in Whitfield County, Georgia, in land lot No. 148, 12th District and 3rd Section, and more fully described as follows: Starting at a Georgia State Coordinate marker and running north 60 degrees, 19 minutes west a distance of 2190.80 feet, to a wooden stake on the south right-of-way line of the Western and Atlantic Railway and the point of beginning of this survey; thence south 31 degrees, 24 minutes west a distance of 35.7 feet to the north R/W line of the Dixie Highway U. S. 41; thence with same bearing crossing the Dixie Highway a distance of 50 feet to a stake on the south R/W line; thence with the same bearing a distance of 62.8 feet to a stake; thence south 1 degree 26 minutes west 410 feet to a stake, the southeast corner of this tract; thence north 88 degrees 34 minutes west a distance of 385 feet to the southwest corner of this tract; thence north 1 degree 26 minutes east a distance of 672.81 feet to a stake on the south R/W of the Dixie Highway U.S. 41; thence crossing said highway with the same bearing a distance of 50 feet to a stake on the north side of said Highway; thence with the same bearing a distance of 200.56 feet to a stake, on the south R/W line of the W. A. Railroad, this point being the northwest corner of this tract; thence south 49 degrees No minutes east a distance of 599 feet to the point of beginning, containing 6.4 acres. The area included between the R/W line of the Georgia State Highway U.S. 41 where it crosses this tract is excluded.

Page 1087

An easement is hereby reserved as a means of ingress and egress from the State Highway above mentioned to other property of the grantor herein south of the tract conveyed, said easement being reserved and the right of ingress and egress to be used over a strip along the western side of the property herein conveyed described as follows: Beginning at the point where the Southern side of U. S. 41, intersects with the western line of the tract herein conveyed, and running thence easterly along the southern side of said highway a distance of 16 feet; thence south parallel with the west line of tract herein conveyed and 16 feet therefrom a distance of 672.81 feet to the south line of the tract herein conveyed; thence west 16 feet to the western line of the tract herein conveyed; thence north 1 degree 26 minutes east a distance of 672.81 feet along the west line of the tract herein conveyed to point of beginning. Now, therefore, be it resolved by the General Assembly of Georgia that the aforesaid property is hereby expressly abandoned by the State of Georgia for park purposes, and it is hereby expressly resolved that said property may be used for other public purposes, including utilization thereof for the location of a State Patrol barracks for the Department of Public Safety. Be it further resolved that the Clerk of the House of Representatives is hereby directed to transmit a copy of this resolution to Honorable Herman E. Talmadge, Honorable John W. Davis, the Director of the State Highway Department, and to the Director of the Department of Public Safety. Approved April 28, 1969.

Page 1088

JOINT COMMITTEE TO STUDY LICENSING OF CLINICAL LABORATORIES. No. 80 (House Resolution No. 273-825). A Resolution. Creating an Interim Study Committee to study the possible need for legislation requiring the licensing of clinical laboratories, tissue banks, blood banks, laboratory schools and clinical laboratory personnel; and for other purposes. Whereas, in recent years it has been brought to the attention of the General Assembly of Georgia that it would be in the public interest to consider the licensing and regulating of clinical laboratories, tissue banks, blood banks, laboratory schools and clinical laboratory personnel; and Whereas, several bills were introduced in the 1969 Session of the General Assembly which have for their purpose the licensing and regulation of said laboratories, banks, schools and personnel; and Whereas, it would appear to be in the best interest of the people of Georgia to study and consider if legislation is needed to regulate the aforementioned activities. Now, therefore, be it resolved by the General Assembly of Georgia that there is hereby created an Interim Study Committee to be composed of three Senators to be appointed thereto by the President of the Senate and three members of the House of Representatives to be appointed thereto by the Speaker of the House. The Committee shall make a thorough and exhaustive study of the conditions which exist in the clinical laboratories of this State, as well as the procedures and practices being used by such laboratories. The Committee shall consult with experts in the field in order to obtain the information needed and in order to determine whether there is a necessity for legislation for the licensing and regulation of laboratories, laboratory schools and laboratory personnel.

Page 1089

The Committee may consult with representatives of the Medical Association of Georgia, the Georgia Medical Association, the Georgia Hospital Association, the Georgia Society of Medical Technologists, the Georgia Association of Pathologists, and the Georgia Society of American Medical Technologists, and the Georgia Department of Public Health. The Committee shall make a report of its findings and recommendations as to any needed legislation on or before December 31, 1969, on which date the Committee shall stand abolished. The members of the Committee shall receive the allowances authorized to legislative members of interim committees for ten days. The funds necessary to carry out the purposes of this Resolution shall come from funds appropriated to or available to the legislative branch of government. Approved April 28, 1969. SUSPENSION OF SALES TAX ON HOLY BIBLES AND TESTAMENTS RATIFIED. No. 81 (House Resolution No. 304-889). A Resolution. To ratify, approve, and confirm the Executive Order of the Governor, dated March 11, 1968, suspending the collection of the tax imposed by the Georgia Retailers' and Consumers' Sales and Use Tax Act on the sale and use of the Holy Bible and Testaments until the next meeting of the General Assembly; to repeal conflicting laws; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. That the Executive Order of the Governor, dated March 11, 1968, which is as follows:

Page 1090

EXECUTIVE DEPARTMENT THE STATE OF GEORGIA Executive Order By the Governor: Whereas: Georgia Code Section 40-205 provides that the Governor of the State of Georgia may suspend collection of taxes, or any part thereof, due the State until the next meeting of the General Assembly; it is therefore Ordered: That the collection of Georgia sales and use taxes on the sale and use of Holy Bibles, Testaments and similar books commonly recognized as being Holy Scriptures, regardless of by or to whom sold, be suspended until the next meeting of the General Assembly. This 11th day of March, 1968. /s/ Lester Maddox Governor Attest: /s/ Thomas T. Irvin Executive Secretary (Seal of Executive Department impressed) be and the same is hereby ratified, approved and confirmed. Section 2. All laws and parts of laws in conflict with this resolution are hereby repealed. Approved April 28, 1969.

Page 1091

SUSPENSION OF SALES AND USE TAX ON SALES TO NON-PROFIT HOSPITALS RATIFIED. No. 82 (House Resolution No. 305-889). A Resolution. To ratify, approve and confirm the Executive Order of the Governor, dated March 11, 1968, suspending the collection of taxes imposed by the Georgia Retailers' and Consumers' Sales and Use Tax Act upon the sale of tangible personal property to certain general non-profit hospitals until the next meeting of the General Assembly; to repeal conflicting laws; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. That the Executive Order of the Governor, dated March 11, 1968, which is as follows: EXECUTIVE DEPARTMENT THE STATE OF GEORGIA Executive Order By the Governor: Whereas: The maintenance of public health is one of the principal functions of government; and Whereas: The various general non-profit hospitals located in this State render invaluable assistance to the municipal, county, state and authority owned hospitals in the maintenance of public health; and Whereas: Municipal, county and state owned hospitals have always been exempt from payment of Georgia Sales and Use Taxes; and Whereas: The Supreme Court of Georgia, in the case

Page 1092

of Undercofler vs. Hospital Authority of Forsyth County, decided October 19, 1965, has declared all authority owned hospitals to be exempt from such taxes; and Whereas: Under these circumstances, the continued payment of such taxes by general non-profit hospitals will constitute an inequitable burden upon such hospitals in their efforts to assist in the maintenance of public health; and Whereas: Georgia Code Section 40-205 provides that the Governor of the State of Georgia may suspend the collection of taxes, or any part thereof, due the State until the next meeting of the General Assembly; It is therefore Ordered: That the collection of Georgia Sales and Use Taxes on the sale and use of tangible personal property and services purchased by non-profit general hospitals and used exclusively by such hospitals in performing a general hospital function in this State, provided such hospitals are operating under a non-profit hospital charter approved by the Internal Revenue Service, and provided a letter of authorization is secured from the State Revenue Commissioner, be suspended until the next meeting of the General Assembly. This 11th day of March, 1968. /s/ Lester Maddox Governor Attest: /s/ Thomas T. Irvin Executive Secretary (Seal of Executive Department impressed) be and the same is hereby ratified, approved and confirmed. Section 2. All laws and parts of laws in conflict with this resolution are hereby repealed. Approved April 28, 1969.

Page 1093

SUSPENSION OF SALES AND USE TAX ON CERTAIN TANGIBLE PERSONAL PROPERTY RATIFIED. No. 83 (House Resolution No. 306-889). A Resolution. To ratify, approve, and confirm the Executive Orders of the Governor, dated March 29, 1967, and March 11, 1968, suspending the collection of taxes imposed by the Georgia Retailers' and Consumers' Sales and Use Tax Act on certain tangible personal property purchased outside the State of Georgia and subsequently brought into this State as a result of the purchaser becoming domiciled herein until the next meeting of the General Assembly; to repeal conflicting laws; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. That the Executive Order of the Governor, dated March 29, 1967, which is as follows: EXECUTIVE DEPARTMENT THE STATE OF GEORGIA Executive Order By the Governor: Whereas: Georgia Code Section 40-205 provides that the Governor may suspend collection of taxes, or any part thereof, due the State until the next meeting of the General Assembly; it is, therefore, Ordered: That the collection of the Georgia use tax on all tangible personal property purchased outside of the State of Georgia by persons who at the time of purchase are not domiciled in this State but who subsequently become domiciled herein and bring said property into this State for the first time as a result of said change of domicile, provided said property is not brought into this State for use in a trade, business or profession, be suspended

Page 1094

until the next meeting of the General Assembly. This 29th day of March, 1967. /s/ Lester Maddox Governor Attest: /s/ Thomas T. Irvin Executive Secretary (Seal of Executive Department impressed) be and the same is hereby ratified, approved and confirmed. Section 2. That the Executive Order of the Governor, dated March 11, 1968, is as follows: EXECUTIVE DEPARTMENT THE STATE OF GEORGIA Executive Order By the Governor: Whereas: Georgia Code Section 40-205 provides that the Governor may suspend collection of taxes, or any part thereof, due the State until the next meeting of the General Assembly; it is, therefore, Ordered: That the collection of the Georgia use tax on all tangible personal property purchased outside of the State of Georgia by persons who at the time of purchase are not domiciled in this State but who subsequently become domiciled herein and bring said property into this State for the first time as a result of said change of domicile, provided said property is not brought into this State for use in a trade, business or profession, be suspended until the next meeting of the General Assembly.

Page 1095

This 11th day of March, 1968. /s/ Lester Maddox Governor Attest: /s/ Thomas T. Irvin Executive Secretary (Seal of Executive Department impressed) be and the same is hereby ratified, approved and confirmed. Section 3. All laws and parts of laws in conflict with this resolution are hereby repealed. Approved April 28, 1969. LAND CONVEYANCE BY DOUGHERTY COUNTY AUTHORIZED. No. 84 (House Resolution No. 310-905). A Resolution. Authorizing the conveyance of land by Dougherty County; and for other purposes. Whereas, Dougherty County is the owner of certain property located in said county which is not being utilized by the county for any purpose and is not needed by said county for any purpose; and Whereas, a nonprofit corporation, Southwest Georgia Association for Convalescing Aging Persons, Inc., is desirous of obtaining said property for the location of a convalescent home for aged persons of said county; and Whereas, use of the property in the above manner

Page 1096

would assist the county in its public health and care for indigent persons; and Whereas, said property is described as follows: All that tract or parcel of land lying and being in Land Lot #360, First Land District, Dougherty County, Georgia. More particularly described as follows: Beginning at a point on the east line of land lot #360 (this point being ninety-six and five-tenths (96.5) feet south of the northwest corner of lot #24, block `C', Emily G. Henderson subdivision, record in plat book #1, page 237 in the clerk of superior courts office, Dougherty County, Georgia), thence run north 0 38[UNK], each along the east line of land lot #360 for a distance of four hundred seventy and five-tenths (470.5) feet to a point, thence run south 89 37[UNK] west for a distance of one hundred fifty-two and five-tenths (152.5) feet to a point, thence run north 0 38[UNK] east for a distance of two hundred nine and two-tenths (209.2) feet to a point on the south right-of-way line of Gaines Avenue extension, thence run in a southwesterly direction along the south right-of-way of Gaines Avenue extension, this being a curve with curve data as shown on attached plat, to the P. T. of curve #1, and the P. C. of curve #2 (curve data as shown on attached plat), thence run in a southwesterly direction along the south right-of-way line of Gaines Avenue extension, this being a curve with data as shown on attached plat, for a distance of one hundred sixty-five and five-tenths (165.5) feet to a point, thence run south 19 34[UNK] west for a distance of five hundred seventy-five (575) feet to a point, thence run north 89 37[UNK] east for a distance of six hundred fifty-three and five-tenths (653.5) feet to the point of beginning. Said tract contains seven and three-tenths (7.3) acres. More particularly described according to attached plat, marked Exhibit `A' and made a part hereof. Now, therefore, be it resolved by the General Assembly of Georgia that Dougherty County for and in consideration of $10.00 and the assistance rendered the county for the purposes set out above is hereby authorized to convey

Page 1097

the above described property to Southwest Georgia Association for Convalescing Aging Persons, Inc., to be used for the location of a convalescent home for aged persons of said county. Any instrument of conveyance of said property shall contain a reversionary provision to the effect that said property shall revert to Dougherty County if the property ceases to be used for the purpose for which it is conveyed. The governing authority of Dougherty County is hereby authorized to execute the necessary instruments of conveyance in compliance with the provisions of this resolution and to take such other action as it deems necessary and advisable in connection therewith. Approved April 28, 1969. LAND CONVEYANCES TO CITY OF ATLANTA AUTHORIZED. No. 85 (House Resolution No. 352-1004). A Resolution. Authorizing the conveyance of certain real property located in Clayton County, Georgia, to the City of Atlanta; and for other purposes. Whereas, there are two certain tracts of land in Clayton County, Georgia, the one containing 9.37 acres, more or less, and the other containing 13.68 acres, more or less, which are owned by the State of Georgia and have heretofore been held and managed by the State Highway Department of Georgia; and Whereas, said tracts of land are more particularly described as follows: Tract 1. A tract of land being a segment of existing State Route 139 right of way lying in Land Lots No. 26, 27 and 39 of District No. 13 of Clayton County, State of Georgia, on the west side of Atlanta Airport.

Page 1098

Beginning at the point of intersection of the existing west right of way line of State Route 139 with the Clayton-Fulton County Line; thence N9000[UNK] E along said county line, a distance of 82.29 feet to the east right of way line of State Route 139; thence along said east right of way line on a curve (756.20[UNK] radius) to the right, a distance of 96.93 feet; thence S0528[UNK]E along said right of way line, a distance of 557.90 feet; thence along said right of way line on a curve (1,105.92[UNK] radius) to the left, a distance of 578.09 feet; thence S3525[UNK]E along said right of way line, a distance of 627.10 feet; thence along said right of way line on a curve (4,284.13[UNK] radius) to the right, a distance of 611.91 feet; thence S24 14[UNK]E along said right of way line, a distance of 482.50 feet; thence along said right of way line on a curve (1,869.86[UNK] radius) to the left, a distance of 698.95 feet; thence S4839[UNK]E along said right of way line, a distance of 785.30 feet; thence along said east right of way line on a curve (5,769.65[UNK] radius) to the right, a distance of 775.61 feet to the point of intersection of said east right of way line of State Route 139 with the extension (eastward) of the north line of Sullivan Road; thence N9000[UNK]W along said extension of the north line of Sullivan Road, a distance of 106.48 feet to the point of intersection of the north line of Sullivan Road with the west right of way line existing State Route 139; thence along the west right of way line of State Route 139 on a curve (5,689.65[UNK] radius) to the left, a distance of 695.07 feet; thence N4839[UNK]W along said west right of way line, a distance of 785.30 feet; thence along said right of way line on a curve 1,949.86[UNK] radius) to the right, a distance of 728.85 feet; thence N2714[UNK]W along said right of way line, a distance of 482.50 feet; thence along said right of way line on curve (4,204.13[UNK] radius) to the left, a distance of 600.49 feet; thence N3525[UNK]W along said right of way line, a distance of 627.10 feet; thence along said right of way line on a curve (1,185.92[UNK] radius) to the right, a distance of 619.91 feet; thence N0528[UNK]W along said right of way line, a distance of 557.90 feet; thence along said west right of way line on a curve (676.20[UNK] radius) to the left, a distance of 104.93 feet to the point of beginning, containing herein 9.57 acres, more or less.; and

Page 1099

Tract 2. A tract of land being a segment of existing Clark Howell Highway (Old State Rte. 85) right of way lying in Land Lots No. 10 and 23 of District No. 13 of Clayton County, State of Georgia, on the east side of Atlanta Airport. Beginning at the point of intersection of the existing west right of way line of Clark Howell Highway with the north right of way line of Interstate Route 285, said point of beginning N1201[UNK]W a distance of 93.0 feet from the point of intersection of the existing west right of way line of Clark Howell Highway with the Land Lot Line between Land Lots No. 23 and 42; thence N 1201[UNK]W along the west right of way line of Clark Howell Highway, a distance of 823.86 feet; thence along said right of way line on a curve (11,409.16[UNK] radius) to the left, a distance of 710.19 feet; thence N 15 35[UNK]W along said right of way line, a distance of 3347.40 feet; thence along said right of way line on a curve (2,814.79[UNK] radius) to the left, a distance of 995.16 feet; thence N 35 51[UNK]W along said right of way line, a distance of 98.23 feet to the point of intersection of said west right of way line of Clark Howell Highway with the Clayton-Fulton County Line; thence N 9000[UNK]E along said county line a distance of 123.38 feet to the east right of way line of Clark Howell Highway; thence S 3551[UNK]E along said east right of way line, a distance of 25.97 feet; thence along said right of way line on a curve (2,914.79[UNK] radius) to the right, a distance of 1030.99 feet; thence S 15 35[UNK]E along said right of way line, a distance of 3,347.40 feet; thence along said right of way line on a curve (11,509.16[UNK] radius) to the right, a distance of 716.41 feet; thence S 1201[UNK]E along said east right of way line, a distance of 823.86 feet; thence S 7759[UNK]W, a distance of 100.00 feet to the point of beginning, containing herein 13.68 acres, more or less.; Now, therefore, be it resolved by the General Assembly of Georgia that upon ascertaining (1) that the City of Atlanta will provide a south entrance to and exit from the Atlanta Airport Passenger Terminal Building, via Virginia Avenue, to also serve Delta's jet base, appropriately designated, from Interstate 285 (at or between

Page 1100

Clark Howell Highway and Interstate 75) which entrance and necessary roadway system connected therewith shall be acceptable to and approved by both the State Highway Department of Georgia and the governing authority of Clayton County, and (2) that the said City of Atlanta shall cause State Highway 139 to be relocated to the satisfaction of the State Highway Department of Georgia and the governing authority of Clayton County, and with appropriate resolutions in hand from the State Highway Department of Georgia and the governing authority of Clayton County so insuring these stipulations have been or will be completely and fully complied with, then the Governor, acting for and on behalf of the State of Georgia, be and he is hereby authorized and empowered to execute and deliver deeds and other written instruments that may be necessary and in such form that may be necessary to convey the property hereinabove described to the City of Atlanta, for and in consideration of the benefits to flow to the State of Georgia from the expansion of said Airport. Be it further resolved that this resolution become effective upon the date of its approval. Approved April 28, 1969. CONSTITUTION REVISION COMMISSION. No. 86 (Senate Resolution No. 10). A Resolution. Creating the Constitution Revision Commission; and for other purposes. Whereas, in 1945 the people of Georgia ratified a new Constitution for this State; and Whereas, while purporting to be a fundamental charter of Government, said Constitution has proven, because of

Page 1101

minute detail and needless specificity, to be more in the nature of a municipal code of laws, necessitating an inordinate number of local and general amendments each year; and Whereas, since 1945, said Constitution has been amended over 648 times, of which more than 541 were local in nature; and Whereas, it is meet and proper that the Supreme Law of the State embrace only those fundamental principles of liberty and justice which lie at the base of all civil and political institutions, and guarantee inviolate the basic concepts of freedom and governmental organization, leaving to legislation and ordinances those ephemeral matters of detail and implementation; and Whereas, the present Constitution not only renders too difficult of change those matters more properly defined by statute, but also serves to debilitate the Senate and its political subdivisions, thereby rendering the State unable to assume its full measure of responsibility to the corresponding detriment and dimunition of State's Rights; and Whereas, the great principles of freedom of speech, freedom of the press, freedom of religion and all other guarantees of the Bill of Rights can best be preserved under a federal system of indestructible States possessed of sufficient powers to solve their own internal problems. Now, therefore, be it resolved by the General Assembly of Georgia that there is hereby created the Constitution Revision Commission. The Commission shall be composed of twenty-five members as follows: The Governor. The Lieutenant Governor. The Speaker of the House of Representatives. The Attorney General. The Legislative Counsel.

Page 1102

Five members of the House of Representatives to be appointed by the Speaker. Five members of the Senate to be appointed by the President. Ten members to be appointed by the Governor. The members of the Commission who are to be appointed shall be appointed within sixty days after the approval of this Resolution by the Governor or after it otherwise becomes law. In the event any appointment, (which is to be made by someone other than the Governor), is not made within sixty days after this Resolution becomes law, the Governor may make the appointment. Any member of the Commission appointed by virtue of his position, upon ceasing to occupy such position, shall no longer serve as a member of the Commission, and a successor member shall be appointed in the same manner and by the same person as in the case of the original appointment. Other vacancies occurring from any cause shall be filled in like manner. The Governor shall be Chairman of the Commission and shall preside at meetings thereof. In the absence of the Governor, the Lieutenant Governor shall preside. In the absence of both the Governor and the Lieutenant Governor, the Speaker of the House shall preside. The Commission shall meet within forty-five days after all members have been appointed for the purposes of organizing, electing such other officers as it deems advisable, and adopting procedures for its operation. The date of the organizational meeting shall be fixed by the Chairman who shall give ample notice to the members as to the date, time, and place of such meeting. Future meetings shall be held upon call of the Chairman and under such other procedures as may be adopted by the Commission. The Commission, at its organizational meeting, shall determine a quorum. The Governor is authorized to appoint committees from the members of the Commission to perform such duties as he shall determine.

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The Commission shall conduct a thorough study of the Constitution and related matters with reference to a revision thereof, and shall revise the present Constitution, either by amendments thereto, a new Constitution, or in such other manner as the Commission shall decide. The Commission shall compare the Georgia Constitution with the Constitutions of other States with particular emphasis on seeking a determination as to the procedure followed in other States in holding Constitutional amendments to a minimum number. The Commission and Committees are hereby authorized to hold hearings at such times and places and in such manner as the Commission and Committees shall decide. Upon completion of its work, the Commission shall make a report of its findings and recommendations, which report shall be accompanied by proposed legislation. The Commission shall provide for the recording and publication of all or part of its proceedings. In order that the duties of the Commission may be performed more efficiently, the Chairman, with the advice and consent of the Commission, is hereby authorized to employ clerical, professional, legal, and other personnel as shall be deemed necessary and fix the compensation therefor. The Commission shall be assigned suitable quarters in the State Capitol or elsewhere, and is hereby authorized to expend such funds as may be required to perform its duties hereunder. The Commission is hereby authorized to procure materials, supplies, and equipment for carrying out the purposes of this Resolution. The Governor, the Lieutenant Governor, the Attorney General and the Legislative Counsel, shall receive no compensation or per diem for their services but shall be reimbursed for all expenses incurred in carrying out their duties hereunder. All such officials shall be reimbursed from the same funds from which they are otherwise compensated. The other members of the Commission shall receive the compensation, per diem, expenses and allowances authorized for legislative members of interim legislative committees. The other members of the Commission shall receive the above from the funds appropriated to or available to the Legislative Branch of the Government and

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from any other appropriations or available funds. All funds, except as provided herein, which are necessary to effectuate the purposes of this Resolution, shall come from the funds appropriated to or available to the Legislative Branch of the Government and from any other appropriations or available funds. No expenditures will be made in excess of $75,000. The Commission is hereby authorized to make and distribute reports from time to time relative to the progress of its work, but shall complete its work and submit its final report on or before December 1, 1969, on which date the Commission shall stand abolished. The findings and recommendations and any report of the proceedings of the Commission shall be filed with each House of the General Assembly and a copy furnished to each Member of the General Assembly. Any proposed revision, or any amendment to the existing Constitution, shall only be proposed and submitted to the people after having been agreed to by two-thirds of the members elected to each of the two Houses of the General Assembly. Approved April 28, 1969. EXPANSION OF NATIONAL SYSTEM OF INTERSTATE AND DEFENSE HIGHWAYS URGED. No. 87 (Senate Resolution No. 14). A Resolution. Relative to the National System of Interstate and Defense Highways; and for other purposes. Whereas, for a number of years the Federal government in cooperation with State government has had underway an ambitious program to connect the principal

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cities in the United States by Interstate Highway Systems; and Whereas, this program has proved to be one of the most enlightened and successful programs of Federal and State cooperation; and Whereas, through the construction of Interstate Highway Systems, much needed employment opportunities have been created, and the resulting improvement of transportation facilities have stimulated industrial development and promotion of tourist travel; and Whereas, there presently exists in the enabling legislation providing for the construction of Interstate and Defense Highways a deadline beyond which the Federal government will not participate in the construction of such highways; and Whereas, it would be advantageous to all concerned that the proven worth of such a program be extended beyond said deadline, and, in addition, new systems of connecting Interstate Highways be authorized for those cities which are not now adequately included within the program. Now, therefore, be it resolved by the General Assembly of Georgia that each and every member of the Georgia Congressional Delegation is hereby urged and encouraged to exert their every influence to see the National System of Interstate and Defense Highways is expanded and continued in order that the citizens of this country might reap the many benefits which have proven to be of such value in the past. Be it further resolved that, in particular, this body urges upon Congress and the Federal Bureau of Roads to include among their future plans an Interstate Highway System which will connect the military installations of Fort Benning, Robins Air Force Base and Fort Gordon. Be it further resolved that the Secretary of the Senate

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is hereby authorized and instructed to transmit an appropriate copy of this Resolution to the Georgia Congressional Delegation. Approved April 28, 1969. CENTRAL PRINTING AGENCY STUDY COMMITTEE. No. 88 (Senate Resolution No. 15). A Resolution. Creating the Central Printing Agency Study Committee; and for other purposes. Whereas, the various agencies and departments of the State of Georgia daily print, publish and distribute what must amount to hundreds of reams of printed material; and Whereas, each agency and departments contracts to have printed or prints its own materials; and Whereas, most probably it would be more economical for the State to have a central printing agency which would be charged with the responsibility of printing all materials for the various agencies and departments; and Whereas, it appears further that it would be a responsible activity on the part of the General Assembly for several members to investigate the fiscal soundness of creating a central printing agency. Now, therefore, be it resolved by the General Assembly of Georgia that there is hereby created the Central Printing Agency Study Committee to be composed of five members of the Senate, to be appointed by the President of the Senate, and five members of the House of Representatives, to be appointed by the Speaker. The

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Committee shall elect its own chairman, vice-chairman and secretary. The Committee shall investigate the various printing needs of the agencies and departments of State Government, and shall determine whether or not it would be an economically sound investment of taxpayers' monies to create a central agency which would have the responsibility of printing materials for each agency and department. To aid the Committee in making its determination, it shall consult with experts, and shall communicate with officials of other States to see how their respective states have solved problems relating to printing needs of State Government. The Committee shall remain in existence until the first day of the 1970 Session of the General Assembly, at which time it shall present its report, and legislation if deemed desirable or necessary. The members of the Committee shall receive such expenses and allowances as are authorized for members of interim legislative committees, but for a period not to exceed 10 days, unless an extension is granted by the President of the Senate and the Speaker of the House of Representatives. All funds for the operation of the Committee shall come from funds appropriated to or available to the legislative branch of the government. Approved April 28, 1969. PROVIDENCE CANYON STUDY COMMITTEE. No. 89 (Senate Resolution No. 37). A Resolution Creating the Providence Canyon Study Committee; and for other purposes. Whereas, Providence Canyon, which is over 100 million

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years old, is located approximately 7 miles northeast of Lumpkin in Stewart County, Georgia; and Whereas, Providence Canyon is also called Little Grand Canyon because of its striking similarity to Grand Canyon; and Whereas, Providence Canyon is a potential tourist attraction which has never been developed by the State of Georgia; and Whereas, the owners of the property have stated that the area is being damaged extensively by tourists at the present time since the area is not policed or regulated; and Whereas, Providence Canyon could become one of the most successful tourist attractions and recreational centers in the southeast if properly developed. Now, therefore, be it resolved by the General Assembly of Georgia that there is hereby created the Providence Canyon Study Committee to be composed of one Senator appointed by the President of the Senate, one Representative to be appointed by the Speaker of the House of Representatives, the Director of the Department of Industry and Trade or his representative, the Director of the State Planning Board or his representative, the Director of the Department of State Parks or his representative, the Chairman of the Georgia Travel Commission or his representative, and the Director of the Lower Chattahoochee Area Planning and Development Commission or his representative. The Committee shall be authorized to study all matters relative to the development of Providence Canyon as a major tourist attraction and recreational center, including but not limited to, acquisition and development of such property by the State, by private enterprise or jointly by the State and private enterprise. The legislative members shall receive the allowances authorized for legislative members of interim legislative committees. The other members of the Committee shall receive no compensation for their services

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but shall be reimbursed for actual expenses from the agency of State Government with which employed. The funds necessary to carry out the purposes of this resolution shall come from the funds appropriated to or available to the legislative branch of the government. The Committee shall make a report of its findings and recommendations to the 1970 Session of the General Assembly at which time the Committee shall stand abolished. The Committee shall be authorized to meet not more than ten (10) days. Approved April 28, 1969. CIVIL AERONAUTICS BOARD URGED TO AWARD CERTIFICATION FOR FLIGHTS BETWEEN ATLANTA, GA. AND HAWAII. No. 90 (Senate Resolution No. 67). A Resolution. Whereas, transportation is the keystone of the development and maintenance of a sound and growing economy; and Whereas, air transportation has already assumed the major share of responsibility for interstate movement of passenger traffic, and its responsibility for the carriage of property and mail is growing at an even faster pace; and Whereas, the Atlanta Municipal Airport has the fourth largest number of scheduled airline flights in the United States; and Whereas, there is presently no single-plane or effective single-carrier service between the Southern Tier of States and our sister StateHawaiiand the Far East; and Whereas, there is a rapidly expanding community of interest between the Southern States and Hawaii; and

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Whereas, the Far East, the Orient, and the entire Pacific Basin represent largely untapped markets for two-way commerce; and Whereas, Georgia based air carriers are processing applications before the United States Civil Aeronautics Board; and Whereas, the matter is now up for review as to the certification of air service between Atlanta, Georgia and Hawaii, and beyond Hawaii. Now, therefore, be it resolved; that the members of the General Assembly of Georgia in official session do hereby request that the Civil Aeronautics Board award to a Georgia based carried, and/or a carrier presently serving Atlanta, with applications now pending, the certification to operate between Atlanta, Georgia and Hawaii, and beyond Hawaii to those areas of the Pacific with which Atlanta and Georgia have developed significant ties, particularly Japan, but also to other points in the Orient and the South Pacific. Be it further resolved: that copy of this Resolution be sent to the President of the United States, the Chairman and members of the Civil Aeronautics Board and to all members of the Georgia Congressional Delegation requesting their support of this Resolution. Approved April 28, 1969. ATLANTA-FULTON COUNTY COMPENSATION STUDY COMMITTEE. No. 91 (Senate Resolution No. 76). A Resolution. Creating the Atlanta-Fulton County Compensation Study Committee; and for other purposes.

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Whereas, numerous requests pertaining to the compensation of various Atlanta and Fulton County officials have been made to the members of the Senate and House representing Fulton County and the City of Atlanta; and Whereas, these Senators and Representatives sometimes do not have adequate information concerning the duties of these particular offices to enable them to determine whether the particular position calls for a small, medium or large salary; and Whereas, an in-depth study of the entire compensation system relative to the City of Atlanta and Fulton County should be made. Now, therefore, be it resolved by the General Assembly of Georgia that there is hereby created the Atlanta-Fulton County Compensation Study Committee. The Committee shall consist of six outstanding citizens, three to be appointed by the Mayor of Atlanta, and three by the Chairman of the Fulton County Board of Commissioners. The Committee shall make an in-depth study of the system of compensation of the City of Atlanta and Fulton County with particular emphasis on the compensation of the elected city and county officials. The Committee shall analyze the duties connected with each position in order to determine the compensation which should be paid the official occupying said position. It shall compare the duties of each particular position with the duties of the other affected positions and shall also make comparative studies of the comparison paid officials of other comparable cities and counties in the United States. The members of the Committee shall receive no compensation or allowances under this Resolution. All officials and employees of the City of Atlanta and Fulton County shall cooperate with the members of the Committee, and the Committee shall make a report of its findings on or before December 1, 1969, on which date the Committee shall stand abolished. Approved April 28, 1969.

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MEDAL OF HONOR MONUMENT AT FREEDOM'S FOUNDATION OF VALLEY FORGE. No. 92 (Senate Resolution No. 80). A Resolution. Requesting the Governor to make the necessary funds available for the placing of a Medal of Honor monument in the Medal of Honor Grove of Freedom's Foundation; and for other purposes. Whereas, the Freedom's Foundation of Valley Forge, as a part of their splendid program to preserve our rich American heritage, has set aside a fifty acre tract as a Medal of Honor Grove; and Whereas, each state has been devoted one acre of this grove for the purpose of erecting a monument on which will appear the name of the recipient of every medal of honor of each respective state; and Whereas, the cost of the memorial, landscaping and ancillary expenses will amount to $5,000.00; and Whereas, it is only befitting and proper that this State honor its valiant sons who have received this nation's highest military award. Now, therefore, be it resolved by the General Assembly of Georgia that the Governor is hereby urgently requested to make available out of his emergency fund the sum of $5,000.00 to the Freedom's Foundation in order that Georgia's portion of this wonderful project might be completed without delay. Be it further resolved that the Secretary of the Senate is hereby authorized and instructed to transmit a copy of this Resolution to the Honorable Lester G. Maddox, Governor. Approved April 28, 1969.

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GEORGIA AUTHORS' WEEK DESIGNATED. No. 93 (Senate Resolution No. 83). A Resolution. Designating Georgia Authors' Week; and for other purposes. Whereas, Georgia's men and women of letters have made innumerable contributions to this State's literary heritage through their writings and descriptions of the various facets of our State's political, social, cultural and economic life; and Whereas, the many distinguished and famous authors of our State have brought worldwide recognition and renown to the State of Georgia through their works; and Whereas, countless authors and their works have achieved international acclaim and awards for the proficiency and degree of expertise which have been incorporated into their writings; and Whereas, it is desirable that one week of the year be set aside for the purpose of focusing particular attention upon our State's heritage and history through the observance and celebration of Georgia Authors' Week. Now, therefore, be it resolved by the General Assembly of Georgia that that week in October of each year, commencing with the second Monday in October, is hereby officially designated as Georgia Authors' Week. Be it further resolved that during said week, the citizens of the State of Georgia are hereby encouraged to reflect upon the history of this great State and its rich heritage through the reading of the many outstanding literary works which have been authored by the distinguished men and women of letters of this State. Approved April 28, 1969.

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INVESTMENT OF STATE RETIREMENT SYSTEMS FUNDS. No. 94 (Senate Resolution No. 84). A Resolution. Relative to the investment of a certain percentage of the funds of State Retirement Systems in real estate loans; and for other purposes. Whereas, Senate Bills 4 and 5 were introduced at the beginning of the 1969 Session to require the Employees' Retirement System and the Teachers' Retirement System to invest at least 25% but not more than 50% of the assets of the respective retirement systems in home mortgages; and Whereas, the Georgia Real Estate Investment Board has served effectively for approximately 10 years; and Whereas, the Board is staffed with qualified employees and the Board is also empowered to employ competent professional personnel to make loan surveys; and Whereas, present law provides that all applicants for real estate loans apply to the Georgia Real Estate Investment Board first rather than either retirement system directly. Now, therefore, be it resolved by the General Assembly that the Employees' Retirement System and the Teachers' Retirement System are hereby requested and urged to notify the Georgia Real Estate Investment Board at least quarterly as to the amount of money available for real estate loans, the type loans in which such systems are interested, and the amount of yield desired by the system on such loans. Be it further resolved that it is recommended that the Georgia Real Estate Investment Board appoint a person knowledgeable in the field of real estate and investments

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to act as liaison between the Board and the retirement systems so as to prevent any delay in processing loan requests. Approved April 28, 1969. RETENTION OF INCOME TAX EXEMPTIONS ON MUNICIPAL BONDS URGED. No. 95 (Senate Resolution No. 95). A Resolution. Relative to the tax exemption on municipal bonds; and for other purposes. Whereas, at the present time, the United States Congress has under consideration proposed legislation to eliminate the exemption for interest accruing on municipal bond issues from income taxation; and Whereas, if this exemption is eliminated, the resulting interest rates on municipal bonds will increase drastically; and Whereas, throughout the United States, municipalities are experiencing extreme difficulty in stretching their limited revenues in order to meet the increasing demands being placed upon these governmental units by their citizens; and Whereas, it is imperative and essential that municipal governments retain the ability to attract relatively low interest rates on the issues of their municipal bonds in order that they might continue to provide the necessary capital improvements in order to meet the needs of their citizens. Now, therefore, be it resolved by the General Assembly of Georgia that this body does hereby urge each and

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every member of the Georgia Congressional Delegation to exert their considerable influence and energies toward retaining the exemption from income taxation of the interest accruing on municipal bond issues. Be it further resolved that the Secretary of the Senate is hereby authorized and instructed to transmit an appropriate copy of this Resolution to each and every member of the Georgia Congressional Delegation. Approved April 28, 1969. LEASES OF LAND TO RABUN C. A. T. V. AND SPARTAN RADIOCASTING COMPANY. No. 96 (Senate Resolution No. 102). A Resolution. Authorizing the grant of an easement and the leasing of certain tracts of land in Black Rock Mountain State Park; and for other purposes. Whereas, the erection of receiving antennae equipment and necessary allied facilities in northeast Georgia will permit the residents thereof to obtain Cable T. V. reception of Georgia broadcasts which are not now available; and Whereas, Mountain View Enterprises, Inc., d/b/a Rabun C. A. T. V. is desirous of erecting the necessary facilities and holds franchises issued by the City of Clayton, Georgia, and by Mountain City, Georgia, for this service and will expand this service to other municipalities and to intervening areas as such expansion may become feasible; and Whereas, the topography of Black Rock Mountain State Park is ideally suited to the erection of such facilities.

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Whereas, the operation of a television translator in northeast Georgia will permit the residents thereof to receive national network broadcasts; and Whereas, the topography of Black Rock Mountain State Park is ideally suited to the operation of such facilities; and Whereas, the General Assembly of Georgia authorized the Governor of Georgia to enter into a five-year lease with the Spartan Radiocasting Company, a South Carolina corporation, licensee and operator of WSPA-TV, in 1964 to erect and operate a television translator on the premises in Black Rock Mountain State Park described below; and Whereas, said Corporation has erected and operated the necessary facilities to enable the residents of this area to receive such broadcasts since 1964 from Black Rock Mountain State Park under the terms of a five-year lease entered into by the Governor of Georgia pursuant to said authorization by the General Assembly; and Whereas, said five-year lease will expire April 30, 1969. Now, therefore, be it resolved by the General Assembly of Georgia that the Governor, acting for and in behalf of the State of Georgia, is hereby authorized to grant a five-year lease and appropriate renewals thereof to Mountain View Enterprises, Inc., d/b/a/ Rabun C. A. T. V. of the following described tract of land: A plot of land 50[UNK] square, being in Rabun County, Ga. in Land Lot No. 65 District No. 2. Beginning at an iron pin 125[UNK] S 65 degrees-00E of an iron pin on the N. E. corner of a 25[UNK] square plot of land presently leased to Spartan Broadcasting Co.; thence S 65 degrees-00 E 50[UNK] to an iron pin; thence N 25 degrees-00 E 50[UNK] to an iron pin; thence N 65 degrees-00W 50[UNK] to an iron pin; thence S 25 degrees-00W to an iron pin to the beginning point. Said plot containing 0.057 acres; and being part of the State of Georgia Parks Department lands.

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for and in consideration of the annual rental of $25.00 per year plus the furnishing, without charge, of Cable T. V. service to all public schools, public hospitals and State parks within the area served, providing said schools, hospitals and parks have the necessary internal wiring. The Governor is also authorized to grant an easement for the erection and maintenance of power lines and poles from said tract to the nearest existing power outlet over any State-owned property in order that the above described tract of land may be served by proper electrical power. Be it further resolved that the Governor, acting for and in behalf of the State of Georgia, is hereby authorized to grant a new five-year lease to become effective May 1, 1969, with the right of renewal for an additional five-year period thereafter, to Spartan Radiocasting Company and its successors, as lessee, of the following described tract of land; To find the true point of beginning, commence at a point that is common to Land Lots 47, 48, 65 and 66 of Rabun County, Georgia; and thence 1,100 feet along a line running north 29 degrees, 45 minutes west to an iron pin, which point is the beginning point of said tract; thence north 28 degrees, 00 minutes east 25 feet to an iron pin; thence north 62 degrees, 00 minutes west 25 feet to an iron pin; thence south 28 degrees, 00 minutes west 25 feet to an iron pin; thence south 62 degrees, 00 minutes east 25 feet to an iron pin and the point of beginning. for and in consideration of the annual rental of $20.00 per year. The Governor is also authorized to grant an easement for the erection and maintenance of power lines and poles from said tract to the nearest existing power outlet over any State-owned property in order that the above described tract of land may be served by proper electrical power. Approved April 28, 1969.

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STATE PARKING AUTHORITY TO PROVIDE SPACE FOR MEMBERS OF GENERAL ASSEMBLY. No. 97 (Senate Resolution No. 104). A Resolution. Authorizing and directing the State Building Authority to provide adequate parking space for members of the General Assembly during legislative sessions; and for other purposes. Whereas, the members of the General Assembly are on official business serving the people of Georgia while attending legislative sessions; and Whereas, the parking facilities adjacent to the State Capitol are used by the general public and are greatly overcrowded during legislative sessions making it very difficult for members of the General Assembly to attend to their official duties as legislators. Now, therefore be it resolved by the General Assembly of Georgia that the State Building Authority is hereby authorized and directed to provide adequate parking space for all members of the General Assembly during regular and extra sessions thereof. Such parking space shall be provided at a cost to each member of the General Assembly not to exceed $10.00, and a sufficient part of the parking facility adjacent to the State Capitol shall be reserved and used for this purpose. Be it further resolved that the State Building Authority, in providing said adequate parking space, shall take the necessary steps to insure that such space shall be free from unreasonable obstructions by other automobiles in order for members of the General Assembly to enter and leave such parking space without undue inconvenience and delay. Approved April 28, 1969.

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DESIGN OF PUBLIC BUILDINGS FOR USE AS FALLOUT SHELTERS. No. 98 (Senate Resolution No. 106). A Resolution. Expressing the desire of the General Assembly that the architects who hereafter design public buildings be encouraged to plan their designs in such a manner that certain areas of the building can effectively be used as fallout shelters; and for other purposes. Whereas, while no man wants to believe that our great nation will ever be involved in a holocaust where fallout shelters will be necessary in order to sustain life, it would be disastrous if such an event were to take place and the citizens of Georgia were left stranded in buildings which were unable to protect them; and Whereas, the average private dwelling is not constructed so as to enable it to protect its occupants from fallout, so it is natural to assume that many of our citizens would seek refuge in public buildings; and Whereas, the State of Georgia and the many political subdivisions and authorities are constantly engaged in building new structures and remodeling the old; and Whereas, there are experts who are of the opinion that it would cost little or no additional monies to use certain modern design techniques, such as slanting, when constructing new public buildings in order to make the buildings excellent facilities for use as fallout shelters; and Whereas, private industry has shown an inclination toward using these new design techniques, and in planning portions of buildings for possible use as fallout shelters, and the State of Georgia should follow this wise and informative example set by knowledgeable corporate officials.

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Now, therefore, be it resolved by the General Assembly of Georgia that it hereby expresses its desire that architects who hereafter design public buildings be encouraged to plan their designs in such a manner that certain areas of the buildings can effectively be used as fallout shelters. Approved April 28, 1969. REVENUE BOND STUDY COMMITTEE. No. 99 (Senate Resolution No. 107). Creating the Revenue Bond Study Committee; and for other purposes. Whereas, the 1945 Constitution of Georgia prohibits the State of Georgia from going into debt; and Whereas, in order to finance various capital outlay projects, a large number of public authorities have been created in Georgia for the purpose of issuing revenue bonds; and Whereas, proposals have been made and discussions have been held concerning the possibility of changing the Constitution so that general obligation bonds of the State could be issued and authority type financing be curtailed; and Whereas, the members of this body are in need of financial, legal and technical information relative to such proposals. Now, therefore, be it resolved by the General Assembly of Georgia that there is hereby created the Revenue Bond Study Committee to be composed of three members of the Senate to be appointed by the President, and three members of the House of Representatives to be appointed by the Speaker. The Committee shall study the present

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bond financing structure of the State in order to make a determination as to whether it would be feasible and advantageous to the State to provide for the issuance of general obligation bonds and to curtail the issuance of authority type revenue bonds. The Committee shall study all matters related to the primary purpose of its study. The Committee shall consult with persons knowledgeable in the field of bond financing, and is hereby authorized to study the laws of other states relative to this subject and the administration thereof in such states. The members shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than ten (10) days. The funds necessary to carry out the purposes of this resolution shall come from the funds appropriated to and available to the legislative branch of government. The Committee shall make a report of its findings and recommendations on or before December 31, 1969, on which date the Committee shall stand abolished. Approved April 28, 1969. EXCHANGE OF EASEMENTS IN DEKALB COUNTY AUTHORIZED. No. 100 (Senate Resolution No. 108). A Resolution. Authorizing the cancellation and exchange of certain easements held by the State Highway Department acquired in conjunction with Georgia Highway Project F 010-2 (10) former FAP 449-C; and for other purposes. Whereas, the State Highway Department is the holder of certain easements in and to: 1. The tract or parcel of land which is part of the area acquired for improvement purposes in Land Lot 90 of the 18th Land District of DeKalb County, Georgia,

Page 1123

and described in deeds from Mrs. B. Shirley and Mrs. J. O. Norris to the State Highway Board of Georgia, dated June 10, 1937, and recorded in Deed Book 467, Pages 439 and 441 of the DeKalb County Records; and 2. The tract or parcel of land which is part of the area acquired for improvement purposes in Land Lot 71 of the 18th Land District of DeKalb County, Georgia, and described in a deed from the Elizabeth Johnson Estate to the State Highway Board of Georgia, dated May 24, 1937, and recorded in deed book 466, page 247 of the DeKalb County Records; and 3. The tract or parcel of land which is part of the area acquired for improvement purposes in Land Lot 71 of the 18th Land District of DeKalb County, Georgia, and described in a deed from L. R. Epperson to the State Highway Board of Georgia, dated June 4, 1937, and recorded in Deed Book 466, Page 231 of the DeKalb County Records; and 4. The tract or parcel of land which is part of the area acquired for improvement purposes in Land Lot 69 of the 18th Land District of DeKalb County, Georgia, and described in a deed from James C. Davis to the State Highway Board of Georgia, dated May 26, 1937, and recorded in Deed Book 466, Page 228 of the DeKalb County Records; and 5. The tract or parcel of land which is part of the area acquired for improvement purposes in Land Lot 70 of the 18th Land District of DeKalb County, Georgia, and described in a deed from Scott Candler to the State Highway Board of Georgia, dated June 4, 1937, and recorded in Deed Book 466, Page 218 of the DeKalb County Records; and 6. The tract or parcel of land which is part of the area acquired for improvement purposes in Land Lots 68 and 69 of the 18th Land District of DeKalb County,

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Georgia, and described in deeds from W. H. Weekes, et al., to the State Highway Board of Georgia, dated June 4, 1937, and recorded in Deed Book 467, Page 462 of the DeKalb County Records; and 7. The tract or parcel of land which is part of the area acquired for improvement purposes in Land Lots 43 and 44 of the 18th Land District of DeKalb County, Georgia, and described in deeds from A. M. Sheppard to the State Highway Board of Georgia, dated June 4, 1937, and recorded in Deed Book 467, Page 452 of the DeKalb County Records; and 8. The tract or parcel of land which is part of the area acquired for improvement purposes in Land Lots 12 and 44 of the 18th Land District of DeKalb County, Georgia, and described in deeds from G. W. Hammett to the State Highway Board of Georgia, dated June 3, 1937, and recorded in Deed Book 466, Page 241 of the DeKalb County Records; and 9. The tract or parcel of land which is part of the area acquired for improvement purposes in Land Lot 12 of the 18th Land District of DeKalb County, Georgia, and described in deeds from J. R. Mobley to the State Highway Board of Georgia, dated June 10, 1937, and recorded in Deed Book 467, Page 421 of the DeKalb County Records; and Whereas, said easements were acquired by the State Highway Department in conjunction with the construction of Georgia Highway Project F 010-2 (10) formerly FAP 449-C; and Whereas, said tracts or parcels of land lie at various locations between Stations 56+92.0 and 361+18.8 on the survey center line of Georgia Highway Project F 010-2 (10) formerly FAP 449-C; and Whereas, certain portions of the tracts or parcels of land acquired by said easements are no longer needed for highway purposes; and

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Whereas, it is the desire of the State Highway Board of the State of Georgia to quitclaim all of the rights, titles and interests acquired by the State Highway Department in and to those portions of said tracts or parcels of land which are no longer needed for highway purposes; and Whereas, all of the easements presently existing in and to said tracts or parcels of land should be cancelled and new easements taken for such portions of said tracts or parcels of land desired by the State Highway Department for improvement purposes. Now, therefore, be it resolved by the General Assembly of Georgia that the Director of the State Highway Department or his authorized representatives are hereby authorized to negotiate with the present property owners relative to the easements presently held by the State Highway Department and enter into agreements with said property owners relative to the cancellation of existing easements in exchange for new easements. Be it further resolved that upon completion of the aforesaid negotiations the results thereof shall be reported to the Attorney General and the Governor and upon approval by the Attorney General of such negotiations the Governor, on behalf of the State, is hereby authorized and directed to execute such easements, cancellations, quitclaim deeds and other instruments as will effectuate the purposes of this resolution. Approved April 28, 1969.

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DEKALB COUNTY COMPENSATION STUDY COMMITTEE. No. 101 (Senate Resolution No. 130). A Resolution. Requesting that the Governing Authority of DeKalb County provide certain information to the members of the General Assembly, creating a local study commission, providing for the payment of expenses; and for other purposes. Whereas, the salaries of certain officials of DeKalb County and the courts thereof are paid or supplemented as the result of Acts of the General Assembly; and Whereas, the ravages of inflation, the higher cost of living, the increased responsibilities pertaining to these offices and similar influences all pertain to the setting of adequate, fair and just compensation for these officials; and Whereas, as a result of reapportionment, the size of the delegation representing DeKalb County has increased so that it is practically impossible for each individual member to be totally knowledgeable in all areas in which he must make a judgment or decision affecting such compensation. Now, therefore, be it resolved by the General Assembly of Georgia and it is hereby resolved by authority of same that: 1. The Governing Authority of DeKalb County is hereby requested and authorized to establish a Citizens' Commission of sufficient size to be representative of a cross-section of the citizenry of DeKalb County for the purpose of studying the salary scales of those offices for which compensation is paid or supplemented as a result of Acts of the General Assembly.

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2. The Citizens' Commission is requested to make its determinations during the year 1969 and submit its findings in writing on or before December 1, 1969, to the county commission and to each member of the General Assembly representing any portion of DeKalb County in the Senate or the House of Representatives. 3. A sufficient amount of funds derived by DeKalb County from sources other than ad valorem taxes is hereby appropriated for the purpose of paying the expenses of such Citizens' Commission in the performance of its duties hereunder. Be it further resolved that the Secretary of the Senate is hereby authorized and instructed to transmit an appropriate copy of this Resolution to the governing authority of DeKalb County. Approved April 28, 1969. RESOLUTION COMMEMORATING JAMES MELTON. No. 102 (Senate Resolution No. 100). A Resolution. Commemorating James Melton; and for other purposes. Whereas, the late Mr. James Melton has been the only native-born Georgian to attain stardom as a leading tenor with the famed Metropolitan Opera Company of New York; and Whereas, Mr. Melton was a native Georgian having been born on January 2, 1904, in Moultrie, Georgia; and Whereas, he attended the University of Georgia during 1922-23 and graduated from Vanderbilt University in 1924; and Whereas, he made his first theatrical debut in April

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1923 as a leading man in a musical comedy, The Varieties of 1923, sponsored by the Athens Rotary Club for their charities; and Whereas, he made his professional debut as a singer with the Roxy Gang at the Roxy Theater in New York in 1927; and Whereas, he was a member of the Chicago Opera Association from 1938 to 1943 and a member of the Cincinnati Opera from 1938 to 1939; and Whereas, he was the leading tenor for the world famed Metropolitan Opera Company of New York from 1942 to 1944 and was acclaimed by critics all over the world for his matchless performances; and Whereas, he was acclaimed throughout the world on concert tours and also sang in a number of musical film productions for Warner Brothers Pictures Corporation; and Whereas, he was a famous radio and television performer and starred in such radio programs as The Texaco Star Theater, The Bell Telephone Hour and Harvest of Stars and the Ford Festival over NBC television; and Whereas, he passed away in 1961, thus ending the career of a truly beloved Georgian and one of the greatest artists of our time; and Whereas, although he has passed on, it is fortunate that his beautiful voice has been preserved for the enjoyment of people throughout the world who love fine music, and we may feel justly proud of this native Georgian who attained such great heights in the field of music. Now, therefore, be it resolved by the General Assembly of Georgia that the Secretary of State is hereby authorized and directed to install a plaque at a suitable

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location in the State Capitol or in another appropriate State building commemorating Mr. James Melton and enumerating his outstanding accomplishments. Approved April 30, 1969. SALE OF LAND IN MERIWETHER COUNTY BY STATE PROPERITIES CONTROL COMMISSION AUTHORIZED. No. 103 (Senate Resolution No. 123). A Resolution. Authorizing the disposal of five separate tracts of land located in Meriwether County, Georgia; and for other purposes. Whereas, the Commissioner of Agriculture on June 10, 1965, declared five separate tracts of land in Meriwether County to be surplus after determining that the particular land could no longer be used advantageously for agricultural purposes; and Whereas, the property was originally purchased to facilitate the packing of peaches produced in this area, but other facilities are now more centrally located and provide the producers of the area with better service; and Whereas, the Pensico Peach Shed is composed of a separate tract of land which was deeded to the State of Georgia for a consideration of $14,276; and Whereas, the Pensico Peach Shed tract of land is more particularly described as follows: All that tract or parcel of land situate, lying and being in Land Lot 262 in the Gill District of Meriwether County, Georgia, containing forty-eight hundredths (.48)

Page 1130

of an acre of land and more particularly described as follows: Beginning at a point fixed on the north property line of the lands of O. G. and Cora Brown in said Land Lot 262, said point being fifty (50) feet south sixty-five (65) degrees thirty (30) minutes west from a point on the center line of the main track of the Atlantic Coast Line Railroad, said point on the center line of said track being four hundred six (406) feet northerly from Mile Post NB-793; thence running south sixty-five (65) degrees thirty (30) minutes west for a distance of eighty (80) feet to an iron pin; thence running north twenty-four (24) degrees thirty (30) minutes west for a distance of one hundred (100) feet to an iron pin on county road; thence running along said road north thirteen (13) degrees thirty (30) minutes west for a distance of fifty-one and ninety-six one hundredths (51.96) feet to an iron pin on said road; thence running along said road north twenty-four (24) degrees thirty (30) minutes west for a distance of one hundred thirty (130) feet to an iron pin on said road; thence running north sixty-five (65) degrees thirty (30) minutes east for a distance of seventy (70) feet to an iron pin; thence running south twenty-four (24) degrees thirty (30) minutes east for a distance of two hundred eighty-one (281) feet to the point of beginning. Said tract of land is bounded as follows: on the north by lands of O. G. and Cora Brown; on the east by the right-of-way of the Atlantic Coast Line Railroad Company; on the south by lands of O. G. and Cora Brown. Also a packing shed located or partially located on the above described property.; and Whereas, the Imlac Peach Shed is composed of two tracts of land; and Whereas, the first tract of land in the Imlac Peach

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Shed was deeded to the State of Georgia for a consideration of $6,000; and Whereas, the first tract of land of the Imlac Peach Shed is more particularly described as follows: All that certain tract or parcel of land situated, located and being in Land Lot 138 and Land Lot 119 of the Ninth Land District of Meriwether County, Georgia, and being more particularly described as follows: Beginning at a point on the westwardly boundary line of the right-of-way of the Atlantic Coast Line Railroad Company's main track, said point being fifty (50) feet westwardly, measured at right angles, from the center line of said main track and seven hundred sixty-eight and sixty-six one hundredths (768.66) feet northwestwardly measured along said center line, from the south line of Land Lot 138; thence running north seventy-nine (79) degrees fifty-one (51) minutes west for a distance of ninety-one and seven-tenths (91.7) feet; thence running north two (2) degrees fifty (50) minutes west for a distance of four hundred fifty-seven and no one hundredths (457.0) feet to a point; thence running south seventy-nine (79) degrees fifty-one (51) minutes east for a distance of ninety-one and seven-tenths (91.7) feet to a point on the westwardly boundary line of the right-of-way of the Atlantic Coast Line Railroad Company, said point being fifty (50) feet westwardly, measured at right angles, from the center line of said main track, and two hundred twelve and sixty-two one hundredths (212.62) feet in a southwardly direction parallel with said main track from a county road; thence running south two (2) degrees fifty (50) minutes east for a distance of four hundred fifty-seven and no one hundredths (457.00) feet to the point of beginning; containing eight hundred ninety-nine one thousandths (.899) acres, more or less. Said track is bounded on the north by Douglas Gill, Mrs. Harry Simonsen, Mrs. A. I. Blake, William Blake and Eugene Blake; on the east by the right-of-way of the Atlantic Coast Line Railroad Company, now or formerly, and on the south and west by the lands of R. D. Betts,

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now or formerly; also a packing shed located or partially located on the above described property.; and Whereas, the second tract of land in the Imlac Peach Shed was deeded to the State of Georgia by Mrs. Katherine Betts; and Whereas, the second tract of land in the Imlac Peach Shed is more particularly described as follows: All that tract or parcel of land situate, lying and being in the Lower Ninth District of Meriwether County, Georgia, and out of Land Lots Nos. 119 and 138 in said Land District, containing ten and forty-six one thousandths (10.046) acres and being more particularly described as follows: Beginning at a point fixed on the original south line of Land Lot 119, said point being fifty (50) feet due west from the center line of the main track of the Atlantic Coast Line Railroad Company, and running thence due west a distance of two hundred forty-eight and eight tenths (248.8) feet to a point fixed on said original south line of said Land Lot 119, said point being seventy-five (75) feet due east from the east right-of-way of Highway 85; and running thence north eleven (11) degrees fifty-five (55) minutes west and parallel with said Highway 85 a distance of one thousand three hundred twenty-five and ninety-eight one hundredths (1,325.98) feet to a point fixed on the south right-of-way of the Old County Road leading from Greenville to Flat Shoals; thence running south seventy-nine (79) degrees fifty-one (51) minutes east for a distance of three hundred fifty-two (352) feet to a point fixed on the south right-of-way of the Old County Road leading from Greenville to Flat Shoals; thence running along said right-of-way of said County Road due north a distance of twenty-four (24) feet to a point fixed on the south right-of-way of said County Road; thence running south seventy-nine (79) degrees fifty-one (51) minutes east for a distance of three hundred fifty-two (352) feet to a fixed point; thence running

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south two (2) degrees fifty (50) minutes east for a distance of four hundred fifty-seven (457) feet to a fixed point; thence running south seventy-nine (79) degrees fifty-one (51) minutes east for a distance of ninety-one and seven tenths (91.7) feet to a fixed point, said point being fifty (50) feet at a right angle from the main track of the Atlantic Coast Line Railroad Company; thence running south two (2) degrees fifty (50) minutes east parallel with the main track of the Atlantic Coast Line Railroad Company for a distance of seven hundred sixty-eight and sixty-six one hundreths (768.66) feet to the point of beginning. Said tract of land is bounded on the north by the Old County Road leading from Greenville to Flat Shoals and the land of Doug Gill; on the east by the land of the Atlantic Coast Line Railroad Company; on the south by the original south line of Land Lot 119, and on the west by the right-of-way of Highway 85.; and Whereas, a separate tract of land located at Edman, Meriwether County, Georgia, was deeded to the State of Georgia for a consideration of $500; and Whereas, the Edman tract of land is more particularly described as follows: All that certain tract or parcel of land situate, lying and being at Edman, County of Meriwether, State of Georgia, and described as follows, to wit: In Land Lot 138 of the Lower 9th District of Meriwether County, Georgia, beginning at a point on the western boundary line of the right-of-way of the Atlantic Coast Line Railroad Company's main tract, said point being 50 feet westwardly, measured at right angles, from the center line of said main track, and 821 feet northwardly, measured along said center line, from the south line of said Land Lot 138, said point being 1038 feet, more or less, southwardly, measured along said center

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line, from said Railroad Company's mile post NB-803; running thence northwardly along the western boundary line of said right-of-way, parallel with said center line, 200 feet; thence eastwardly, at right angles from the preceding course, 27 feet; thence southwardly, parallel with said center line, 200 feet; thence westwardly, 27 feet to the point of beginning; containing 0.12 acre, more or less.; and Whereas, a separate tract of land located at Peters, Meriwether County, Georgia, was deeded to the State of Georgia for a consideration of $500; and Whereas, the Peters tract of land is more particularly described as follows: All that certain tract or parcel of land situate, lying and being at Peters, County of Meriwether, State of Georgia, and described as follows, to wit: In Land Lot 262 of the Gill District of Meriwether County, Georgia, beginning at a point on the southwestern portion of the right-of-way of the Atlantic Coast Line Railroad Company 72.0 feet southwestwardly, measured at right angles, from the center line of the Atlantic Coast Line Railroad Company's main track, said point being 385 feet, more or less, northwestwardly, measured along the center line of said main track, from the point of intersection of said center line and the east line of said Land Lot 262, said point also being 438.2 feet, more or less, northwestwardly, measured along said center line, from said Railroad Company's mile post NB-793; running thence northwestwardly, parallel with said center line, 65.3 feet, more or less, to an offset line of said right-of-way; thence northeastwardly along said offset line, at right angles with said center line, 22.0 feet to a point 50 feet westwardly, measured at right angles, from said center line; thence northwestwardly, parallel with said center line, along said Railroad Company's right-of-way boundary line, 146.7 feet; thence northeastwardly, at

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right angles from the preceding course, 29.4 feet, more or less, to a point 20.6 feet southwestwardly, measured at right angles, from said center line; thence southeastwardly, parallel with said center line, 212.0 feet; thence southwestwardly 51.4 feet, more or less, to the point of beginning; containing 0.18 acre, more or less.; and Whereas, the State of Georgia is desirous of disposing of said property since it is surplus and not needed for State purposes. Now, therefore, be it resolved by the General Assembly of Georgia that the State Properties Control Commission is hereby authorized to dispose of said property, by accepting competitive bids, to any responsible person, firm, corporation or association. The Governor, acting for and on behalf of the State of Georgia and the State Properties Control Commission, is hereby authorized and directed to execute and deliver deeds or other written instruments which may be necessary to effectuate the purposes of this resolution. Approved April 30, 1969. DR. A. S. FURCRON HONORARY STATE GEOLOGIST, ETC. No. 105 (House Resolution No. 293). A Resolution. Commending Honorable A. S. Furcron, Director, Department of Mines, Mining and Geology; and for other purposes. Whereas, Dr. A. S. Furcron has notified the Governor of his intention to retire as Director of the Department of Mines, Mining and Geology, effective July 1, 1969; and

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Whereas, Dr. Furcron has been associated with the Department of Mines, Mining and Geology as Assistant State Geologist, Chief Geologist, Acting Director and Director from August, 1937, to the present time; and Whereas, Dr. Furcron received his B.A. and M.A. degrees at the University of Virginia and received his Ph.D. degree at the University of Iowa; and Whereas, Dr. Furcron has been active in civic and political affairs in his community and the State of Georgia; and Whereas, he is a member of the American Association for the Advancement of Science, a Fellow in the Geological Society of America; a member of the Society of Economic Geologists; a member of the Southeastern Geological Society; a member of the American Institute of Professional Geologists; a member and Past President of the Georgia Mineral Society; a Fellow and Past President of the Georgia Academy of Science, a member of the Georgia Geological Society, an associate member of the Research Committee of the Interstate Oil Compact Commission; a member of Who's Who in America; a member of American Men of Science; and a member of other local Georgia, North Carolina and Tennessee geological societies; and Whereas, his fraternal affiliations are Sigma Xi, Gamma Alpha, Sigma Alpha Epsilon, and the Atlanta Burns Club; and Whereas, he has been the author of numerous publications, reports and bulletins for Virginia and Georgia Surveys on geology and mineralogy; and Whereas, the talents and experience of Dr. Furcron should be available to future Directors of the Department of Mines, Mining and Geology. Now, therefore, be it resolved by the General Assembly of Georgia that the members of this body do hereby

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express their sincerest appreciation to Dr. A. S. Furcron for his many years of service and devotion to duty and extend to him their sincerest best wishes in all his future endeavors. Be it further resolved that as a token of their esteem, the title of Honorary State Geologist and Director of the Department of Mines, Mining and Geologist of the State of Georgia is hereby bestowed upon Dr. A. S. Furcron, and the future Directors of the Department of Mines, Mining and Geology are hereby authorized to seek his valuable assistance and knowledge in the performance of their duties and services to the State of Georgia. Be it further resolved that the Clerk of the House of Representatives is hereby authorized and directed to enter a copy of this resolution upon the Journal of the House of Representatives and forward an appropriate copy of the same to Dr. A. S. Furcron. Approved April 30, 1969. REVENUESTATE REVENUE COMMISSIONER TO FURNISH INFORMATION TO CERTAIN MUNICIPALITIES (400,000 OR MORE). No. 719 (House Bill No. 548). An Act to amend an Act creating the Department of Revenue and the office of State Revenue Commissioner, approved January 3, 1938 (Ga. L. 1937-38, Ex. Sess., pp. 77-103), as amended, so as to provide authorization for the State Revenue Commissioner, upon request of the governing authority of municipalities having a population of 400,000 or more according to the last Federal Decennial Census or any future such census to furnish information from State tax returns, including State income tax returns, to the proper county and municipal finance officer or taxing official, to be used by those officials in the discharge of their official duties; to provide

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for the payment of the costs of the furnishing of such information; to provide that such information so furnished shall retain its confidential nature in the hands of officials of such municipalities; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Department of Revenue and the office of State Revenue Commissioner, approved January 3, 1938 (Ga. L. 1937-38, Ex. Sess., pp. 77-103), as amended, is hereby amended by adding at the end of section 12 a new paragraph to read as follows: Notwithstanding the provisions of this section, the Commissioner shall, upon request, by resolution of the governing authority of municipalities of this State having a population of 400,000 or more according to the last Federal Decennial Census or any future such census, furnish to the finance officer or taxing official of such municipalities any pertinent tax information from State tax returns to be used by those officials in the discharge of their official duties. Any information so furnished shall, in the hands of such local officials, retain their privileged and confidential nature to the same extent and under the same conditions as that information is privileged and confidential in the hands of the State Revenue Commissioner. The State Revenue Commissioner is authorized to make a nominal charge for any information so furnished, such charge not to exceed the actual cost of furnishing such information. Nothing herein contained shall be construed to prevent the use of such information as evidence in any State or Federal Court in the event of litigation involving any municipal or county tax liability of the taxpayer. Section 2. Should any provisions of this Act or the application thereof to any person or circumstance be held invalid, the invalidity shall not affect other provisions or applications of the Act which can be given effect without the invalid provisions or application, and to this end the provisions of this Act are severable. Severability.

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Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 30, 1969. WILLS AND ADMINISTRATION OF ESTATESADMINISTRATOR DE BONIS NON WITH WILL ANNEXED. No. 720 (House Bill No. 627). An Act to amend an Act authorizing the appointment of an administrator de bonis non with will annexed upon application of interested persons in cases when the only qualified executor of a decedent's estate dies testate, resigns or otherwise becomes disqualified to serve, approved February 12, 1952 (Ga. L. 1952, p. 87), so as to make the Act also applicable to cases where an executor has died intestate; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act authorizing the appointment of an administrator de bonis non with will annexed upon application of interested persons in cases when the only qualified executor of a decedent's estate dies testate, resigns or otherwise becomes disqualified to serve, approved February 12, 1952 (Ga. L. 1952, p. 87), is hereby amended by striking from section 1 the words testate himself, so that when so amended said section shall read as follows: Section 1. In all cases when the only qualified and acting executor of the estate of a decedent dies, resigns or otherwise becomes disqualified to serve, any person or persons having an interest in the estate of such first decedent

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shall have the right to apply to the court of ordinary having jurisdiction of the administration of such first estate for the appointment of an administrator de bonis non with the will annexed of such first testator. Section 2. Said Act is further amended by inserting in section 2 between the words executor and appointed the following: , if any,, so that when so amended section 2 shall read as follows: Section 2. Upon the hearing of said application, after the issuance and publication of citation as in other cases of applications for letters of administration, the ordinary shall inquire into the circumstances of the case and determine whether the interest of such first estate and the persons interested therein will be best served by the appointment of an administrator de bonis non with will annexed or by permitting the executor, if any, appointed under the will of such deceased executor to be or become, as the case may be, the executor of such first estate by operation of law. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 30, 1969. SALE OF ALCOHOLIC BEVERAGES IN CERTAIN COUNTIES AND MUNICIPALITIES. No. 725 (House Bill No. 396). An Act to amend an Act known as the Revenue Tax Act to Legalize and Control Acoholic Beverages and Liquor, approved February 3, 1938 (Ga. L. 1937-38, Ex. Sess., p. 103), as amended, particularly by an Act which became law without the approval of the Governor (Ga. L. 1964, p. 771), so as to change the procedures and circumstances under which the sale of distilled spirits or alcoholic beverages for beverage purposes by the drink may be authorized

Page 1141

and regulated by certain counties and municipalities; to repeal conflict 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 Liquor, approved February 3, 1938 (Ga. L. 1937-38, Ex. Sess., p. 103), as amended, particularly by an Act which became law without the approval of the Governor (Ga. L. 1964, p. 771), is hereby amended by adding at the end of subsection (a) of section 31 the following sentence: Such resolutions or ordinances shall be adopted only after the authority to do so shall have been authorized pursuant to the procedures prescribed in subsection (d) of this Section., so that when so amended, subsection (a) shall read as follows: (a) Anything in this Act to the contrary notwithstanding every county in the State of Georgia where the sale of distilled spirits or alcoholic beverages is authorized by law and which such counties have a population of 40,000 or more, according to the United States Decennial Census of 1960 or any future such decennial census, and any city or municipality in that part of such cities lying within such counties may, through proper resolution or ordinance, authorize the issuance of licenses to sell distilled spirits or alcoholic beverages for beverage purposes by the drink, said sales to be for consumption only on the premises. Such resolutions or ordinances shall be adopted only after the authority to do so shall have been authorized pursuant to the procedures prescribed in subsection (d) of this Section. Where applicable, etc. Section 2. Said Act is further amended by adding at the end of subsection (b) of section 31 the following sentence: Such powers and authority shall be exercised only after the authority to do so shall have been authorized pursuant

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to the procedures prescribed in subsection (d) of this section., so that when so amended subsection (b) shall read as follows: (b) Every county and city as set forth in this section shall have the full power and authority to adopt all reasonable rules and reguations governing the qualifications and criteria for issuance of any such license and shall further have the power and authority to promulgate reasonable rules and regulations governing the conduct of any licensee provided for in this section, including but not being limited to the regulation of hours of business, types of employees, and other matters which may fall within the police powers of such municipalities or counties. Such powers and authority shall be exercised only after the authority to do so shall have been authorized pursuant to the procedures prescribed in subsection (d) of this section. Rules. Section 3. Said Act is further amended by striking in its entirety subsection (d) and substituting in lieu thereof a new subsection (d) to read as follows: (d) In the event the governing authority of any municipality or county coming under the provisions of this section desires to exercise the powers and authority authorized by subsections (a) and (b) of this section, such governing authority shall conduct a special referendum election for the purpose of determining whether or not such powers and authority may be exercised. In the event a majority of those persons voting in any such election vote in favor of the governing authority issuing licenses and regulating the sale of distilled spirits and alcoholic beverages, as authorized by this section, then such governing authority shall exercise the power and authority of subsections (a) and (b); otherwise, they shall not have such authority or powers. Referendums. In the event the governing authority of any municipality or county coming under the provisions of this section does not call for and conduct the referendum provided for above,

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then, upon a written petition containing the signatures of fifteen (15%) percent of the registered and qualified voters of any municipality or county coming within the provisions of this section being filed with the appropriate governing authority, such governing authority shall be required to hold and conduct a special referendum election for the purpose of submitting to the qualified voters of any such municipality or county the question of whether or not the sale and regulation of distilled spirit or alcoholic beverages, as provided for in subsection (a) and (b) of this section, shall be authorized. In the event a majority of the persons voting in such election vote in favor thereof, then the governing authority of such municipalities and counties shall issue such licenses and exercise the powers and authority provided in subsections (a) and (b); otherwise, they shall have no authority to do so. Following the expiration of two years after any election shall be held in which the results thereof resulted in disapproval of the licensing, sale and regulation of such beverages, another election on such question shall be held if another petition, as provided above, shall be filed with the appropriate governing authority. Section 4. Said Act is further amended by striking from subsection (e) of section 31 the following: thirty-five (35%), and inserting in lieu thereof the following: fifteen (15%), so that when so amended subsection (e) shall read as follows: (e) In any municipality or county which has at any time held an election in accordance with the foregoing provisions of this section resulting in the majority of the votes being cast in favor of the sale of distilled spirits or alcoholic beverages for beverage purposes by the drink, the governing authority of such municipality or county shall upon a petition signed by at least fifteen (15%) per cent of the registered, qualified voters of said municipality

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or county proceed to call another election in the same manner as hereinbefore prescribed for the purpose of nullifying the previous election; provided, however, no such election shall be called or had within two (2) years after the date of the declaration by the governing authority of the results of the previous election held for such purposes as hereinabove provided. Future referendums. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. COMPILER'S NOTE: This Act was received from the Executive Department on May 5, 1969. This Act was received by the Executive Department on March 12, 1969, while the General Assembly was still in session. The General Assembly recessed on the following dates: February 15/16; February 22/23; March 1/2; March 8/9; March 15/16 and March 22/23, and adjourned on March 26, 1969, and it does not bear the Governor's signature of approval. MANUFACTURE AND TRANSPORTATION OF FIREWORKS. No. 726 (House Bill No. 488). An Act to amend an Act prohibiting the manufacture, sale, possession and discharge of fireworks, approved February 6, 1962 (Ga. L. 1962, p. 11), so as to permit the manufacture, sale, possession, storage and distribution of certain fireworks under certain conditions; to provide for an annual license fee; to authorize and direct the Inspection Division of the Georgia State Department of Labor to promulgate safety regulations; to provide for inspections by the State Fire Marshal; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act prohibiting the manufacture, sale, possession and discharge of fireworks, approved February

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6, 1962 (Ga. L. 1962, p. 11), is hereby amended by adding at the end of section 4 a new subsection to be numbered subsection (4) and to read as follows: (4) The manufacture of any fireworks not prohibited by Congress or any federal agency; the possession, transportation and storage of any such fireworks by any manufacturer thereof; the possession, transportation or distribution of any such fireworks to a distributor located outside the State of Georgia; the sale of such fireworks by any such manufacturer to a distributor located outside the State of Georgia; or the possession and transportation of such fireworks by any manufacturer or contract or common carrier from the point of manufacture within the State of Georgia to any point without the State of Georgia. Manufacturers, etc., authorized. Section 2. Said Act is further amended by adding between section 4 and section 5 a new section to be designated section 4A to read as follows: Section 4A. The annual license fee for any person, firm or corporation conducting business in Georgia under the provisions of subsection (4) of section 4 shall be $1,000.00 per year, payable to the State Treasurer. The license shall expire on December 31st of each year. The Inspection Division of the Georgia State Department of Labor is hereby authorized and directed to promulgate safety regulations relating to the manufacture, storage and transportation of fireworks within the State of Georgia to insure the adequate protection of the employees of any such person, firm or corporation and the general public. The State Fire Marshal is hereby authorized and directed to conduct periodic inspections of the facilities of any person, firm or corporation, manufacturing, storing and transporting fireworks as provided herein to insure compliance with fire safety rules and regulations. License fees, rules, etc. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. COMPILER'S NOTE: This Act was received from the Executive Department on May 5, 1969. This Act was received

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by the Executive Department on April 1, 1969 after the General Assembly adjourned on March 26, 1969, and it does not bear the Governor's signature of approval. ACT TO LEGALIZE AND CONTROL ALCOHOLIC BEVERAGES, ETC. AMENDED AS TO CERTAIN COUNTIES (14,486-14,540). No. 727 (House Bill No. 1008). An Act to amend an Act known as the Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors, approved February 3, 1938 (Ga. L. 1937-38, Ex. Sess., p. 103), as amended, particularly by an Act approved March 10, 1966 (Ga. L. 1966, p. 340), so as to provide that the governing authorities of certain counties and municipalities shall not authorize the sale of alcoholic beverages for beverage purposes by the drink until the resolution or ordinance providing for such sale shall be submitted for approval or rejection by the qualified voters of such county or municipality; to provide the procedure connected therewith; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors, approved February 3, 1938 (Ga. L. 1937-38, Ex. Sess., p. 103), as amended, particularly by an Act approved March 10, 1966 (Ga. L. 1966, p. 340), is hereby amended by adding at the end of section 30A the following: No resolution or ordinance adopted pursuant to the foregoing provisions shall become effective until the governing authority of such county or municipality shall submit to the qualified electors of such county or municipality the question of whether such ordinance or resolution shall be approved or rejected. If in said election a majority of said electors voting on such question shall vote for approval,

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the ordinance or resolution shall become effective at such time as is provided for in said resolution or ordinance; otherwise it shall be of no force and effect. Referendums. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. COMPILER'S NOTE: This Act was received from the Executive Department on May 5, 1969. This Act was received by the Executive Department on April 4, 1969 after the General Assembly adjourned on March 26, 1969, and it does not bear the Governor's signature of approval.

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RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1969 PROPOSING AMENDMENTS TO THE CONSTITUTION OF GEORGIA

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CITY OF MARIETTABONDS. Proposed Amendment to the Constitution. No. 106 (House Resolution No. 143-439). A Resolution. Proposing an amendment to Article VII, Section VIII, Paragraph I of the Constitution to provide that no additional bonds shall ever be hereafter issued pursuant to said amendment to Article VII, Section VII, Paragraph I of the Constitution of the State of Georgia (H. R. 193-475, Georgia Laws 1965, p. 680 et. seq. and ratified at the General Election held on November 8, 1966) and to preserve and protect the rights and interests of the owners or holders of bonds heretofore issued pursuant to said amendment; to authorize the City of Marietta to incur an additional indebtedness for school purposes and evidence same by the issuance of its general obligation school bonds in an amount not to exceed seven per centum (7%) of all property within said city subject to taxation for bond purposes, which debt limitation shall be in addition to and separate and distinct from the seven per centum (7%) debt limitation now imposed by the Constitution and the annual seven (7) mill tax limitation imposed by an amendment to Article VII, Section VII, Paragraph I of the Constitution; to authorize the City to levy taxes without limitation as to rate or amount sufficient to pay the principal of and interest on said bonds as same mature; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia that: Section 1. Article VII, Section VII, Paragraph I of the Constitution of the State of Georgia is hereby amended by adding at the end thereof the following: No additional school bonds shall ever be hereafter issued pursuant to an amendment to Article VII, Section

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VII, Paragraph I of the Constitution of the State of Georgia (H. R. 193-475, Georgia Laws 1965, p. 680 et seq. and ratified at the General Election held on November 8, 1966). It is further expressly provided, however, that anything in this amendment to the contrary notwithstanding nothing herein contained shall be construed as adversely affecting the rights and interests of the owners or holders of bonds heretofore issued pursuant to said amendment, which rights and interests of said bondholders are hereby expressly preserved and protected and the governing body of the City of Marietta is required to levy and shall levy to the extent necessary an annual tax not to exceed seven (7) mills to pay the principal of and interest on said school bonds heretofore issued pursuant to said amendment as same mature. Anything in this Constitution to the contrary notwithstanding the City of Marietta, located in Cobb County, Georgia, is hereby authorized to incur an additional indebtedness for school purposes and evidence same by the issuance, from time to time, of its direct general obligation school bonds, but the aggregate principal amount of such general obligation bonds outstanding at any one time shall not exceed seven per centum (7%) of the assessed value of all taxable property within the City subject to taxation for bond purposes. Said debt limitation shall be in addition to and separate from the seven per centum (7%) debt limitation now imposed by Article VII, Section VII, Paragraph I of the Constitution and the annual seven (7) mill tax limitation imposed by the amendment to Article VII, Section VII, Paragraph I of the Constitution of the State of Georgia (H. R. 193-475, Georgia Laws 1965, p. 680 et seq. and ratified at the General Election held on November 8, 1966). Nothing herein contained shall limit or otherwise affect the amount of bonds the City of Marietta may issue under said Article VII, Section VII, Paragraph I of the Constitution for other purposes. Said City is hereby authorized to levy taxes without limitation as to rate or amount sufficient to pay the principal of and interest on said bonds as they mature. The issuance or non-issuance of said school bonds shall be submitted to the registered,

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qualified voters of the City for their determination as provided under Article VII, Section VII, Paragraph I of the Constitution and the laws of this State. The provisions of this amendment are cumulative and are in addition to all other rights and authority which have heretofore been conferred or may hereafter be conferred upon the City of Marietta under the Constitution and laws of the State of Georgia. This amendment is selfenacting and does not require any enabling legislation for it to become effective; provided, however, the General Assembly may by law grant further and additional powers to the City not inconsistent with the provisions of this amendment. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: YES () NO () Shall the Constitution be amended so as to provide that no additional school bonds shall ever be hereafter issued pursuant to an amendment to Article VII, Section VII, Paragraph I of the Constitution of the State of Georgia (H. R. 193-475, Georgia Laws 1965, p. 680 et seq. and ratified at the General Election held on November 8, 1966) and to preserve and protect the rights and interests of the owners or holders of bonds heretofore issued pursuant to said amendment and to authorize the City of Marietta to issue its general obligation school bonds and to incur an additional bonded indebtedness for such purpose not

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to exceed seven per centum (7%) of the assessed value of taxable property therein subject to taxation for bond purpose, which debt limitation shall be in addition to the seven per centum (7%) debt limitation now imposed by this Constitution and the annual seven (7) mill tax limitation imposed by an amendment to Article VII, Section VII, Paragraph I of the Constitution and to levy taxes without limitation as to rate or amount sufficient to pay the principal of and interest on said bonds as same mature. All persons desiring to vote in favor of adopting the proposed amendment shall do so by voting YES as to the question propounded and all persons desiring to vote against the adoption of the proposed amendment shall do so by voting NO as to the question propounded. If such amendment shall be ratified as provided in said Article XIII, Section I, Paragraph I of the Constitution, as amended, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

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FULTON COUNTYISSUANCE OF BONDS WITHOUT A REFERENDUM. Proposed Amendment to the Constitution. No. 107 (Senate Resolution No. 72). A Resolution. Proposing an amendment to Article 7, Section 7 of the Constitution, so as to authorize Fulton County to issue bonds without a referendum election under certain conditions; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article 7, Section 7 of the Constitution as amended, is further amended by adding to the end of said Section the following: provided, however, Fulton County may issue general obligation bonds for any permanent public improvement having anticipated life equal to or greater than the period within which said bonds are to be amortized, without submitting the issuance thereof to the voters of said County at a referendum, subject to the following restrictions and limitations: 1. The issuance of such bonds shall be authorized at a public meeting held for such purpose after at least ten (10) days' notice thereof in the official organ of said County and in at least one (1) of the daily newspapers of said County. 2. Not more than three million dollars ($3,000,000.00) in the aggregate in such bonds so issued without a referendum shall be issued in any fiscal year. 3. The aggregate of all outstanding bonds, including those issued by vote of the people in a referendum and those issued under this amendment without a referendum, shall not exceed the limitations provided elsewhere in this Section.

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Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: For () Against () To authorize Fulton County to issue not more than three million ($3,000,000.00) dollars in General Obligation Bonds in any fiscal year without a referendum, but subject to a public hearing and the limitations imposed. All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

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VETOES (1969-1970 Session) Veto No. Bill No. Subject Veto Date No. 1 SB 112 Creating a Board of Commissioners of Rabun County. 2-25-69 No. 2 HB 12 Amending an Act establishing the Employees' Retirement System of Georgia. 3-21-69 No. 3 HB 81 Motor Fuel Taxes (Distributors). 4-2-69 No. 4 HB 436 Rural Roads Authority-Right of way and property 4-2-69 No. 5 HB 435 City of Macon: Authority to levy taxes 4-15-69 No. 6 HB 366 Public Utilities: Fixing of rates. 4-18-69 No. 7 HB 742 Town of Newborn: Mayor and Councilmen 4-18-69 No. 8 HB 537 City of East Point: Relating to employees. 4-18-69 No. 9 SB 196 Fannin County: Ordinarysalary. 4-21-69 No. 10 SB 197 Fannin County: Clerk of Superior Courtsalary. 4-21-69 No. 11 HB 11 Budget procedures: Institute new program. 4-28-69 No. 12 HB 630 City of Atlanta: Fees for admission to zoo. 4-28-69 No. 13 HB 760 Bibb County: Bond of the Clerk; fines, costs, etc. 4-28-69 No. 14 HB 999 Electronic data processing: Policy and evaluation Committee. 4-28-69 No. 15 SB 51 Holidays: Public and legal; change time. 4-28-69 No. 16 SB 100 City and Civil Court of Fulton County: Vacancies in office of Judge. 4-28-69 No. 17 SB 136 Criminal cases: Felonies, jury render verdict. 4-28-69 No. 18 SB 162 Atlanta Rapid Transit Authority: Contract with. 4-29-69 No. 19 SB 179 Minors: Treatment for venereal disease-consent. 4-29-69 No. 20 HB 264 Day Care Centers: Retarded individuals. 4-29-69 No. 21 HB 323 City of College Park: Sale of alcoholic beverages 4-30-69 No. 22 HB 445 Atlanta Housing Authority: Additional members. 4-30-69 No. 23 HB 804 Alcoholic beverages: Licenses, sale by the drink. 4-30-69 No. 24 HB 814 Alcoholic beverages: Population requirements 4-30-69 No. 25 SB 171 Criminal cases: Defendants incarceration. 4-30-69 No. 26 HB 607 Georgia Industrial Loan Act: Taxationmethod of remitting. 4-30-69 No. 27 SB 176 City of Alpharetta: Corporate limits. 4-30-69 No. 28 SB 246 Georgia LawsSecretary of State: Lawyers Public Officials. 4-30-69

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COUNTIES AND SUPERIOR COURT CIRCUITS

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SUPREME COURT OF GEORGIA W. H. DUCKWORTH Chief Justice BOND ALMAND Presiding Justice CARLTON MOBLEY Presiding Justice BENNING M. GRICE Associate Justice H. E. NICHOLS Associate Justice HIRAM K. UNDERCOFLER Associate Justice JOHN E. FRANKUM Associate Justice ROBERT H. BRINSON, JR. Law Assistant WILLIAM C. TALMADGE Law Assistant MISS MAUD SAUNDERS Law Assistant MRS. JOLINE B. WILLIAMS Law Assistant BEN G. ESTES Law Assistant MRS. EFFIE A. MAHAN Law Assistant H. GRADY ALMAND, JR. Law Assistant HENRY H. COBB Clerk MRS. EVA F. TOWNSEND Deputy Clerk MRS. CARRIE L. BELL Deputy Clerk GEORGE H. RICHTER, JR. Reporter GUY M. MASSEY Asst. Reporter A. BROADDUS ESTES Sheriff COURT OF APPEALS OF GEORGIA JULE W. FELTON Chief Judge JOHN SAMMONS BELL Presiding Judge ROBERT H. JORDAN Presiding Judge ROBERT H. HALL Judge HOMER C. EBERHARDT Judge CHARLES A. PANNELL Judge BRASWELL D. DEEN, JR. Judge J. KELLEY QUILLIAN Judge GEORGE P. WHITMAN, SR. Judge CHARLES N. HOOPER Law Assistant EUGENE HIGHSMITH Law Assistant JOHN ANDY SMITH, JR. Law Assistant MRS. HELEN T. HARPER Law Assistant JULIAN H. STEWART Law Assistant LOUIS A. PEACOCK Law Assistant MISS ALFREDDA SCOBEY Law Assistant T. MIL CLYBURN, JR. Law Assistant MARSHALL HELMS Law Assistant MORGAN THOMAS Clerk MISS EDNA EARL BENNETT Deputy Clerk GEORGE H. RICHTER, JR. Reporter GUY M. MASSEY Asst. Reporter

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JUDGES, DISTRICT ATTORNEYS, AND CALENDAR ALAPAHA CIRCUIT. HON. H. W. LOTT, Judge, Lenox, Ga. VICKERS NEUGENT, D.A., Austin St., Pearson. AtkinsonThird Monday in February; fourth Monday in October. BerrienFirst Monday in January; second Monday in September. ClinchFirst Mondays in March and October. CookFirst Mondays in February and November. LanierFourth Mondays in February and November. ATLANTA CIRCUIT. HONS. CLAUDE D. SHAW, Chief Judge, LUTHER ALVERSON, SAM P. McKENZIE, DURWOOD T. PYE, J. C. (JEP) TANKSLEY, JACK P. ETHERIDGE, CHARLES A. WOFFORD, LLOYD ELMO HOLT, OSGOOD O. WILLIAMS, Judges, Atlanta. LEWIS R. SLATON, D.A., Atlanta. FultonFirst Mondays in January, March, May, July, September, and November. ATLANTIC CIRCUIT. HON. PAUL E. CASWELL, Judge, Hinesville. J. MAX CHENEY, D.A., Reidsville. BryanThird Monday in March; first Monday in November. EvansFirst Mondays in April and October. LibertyThird Mondays in February and September. LongFirst Mondays in March and September. McIntoshFourth Mondays in February and May; second Monday in September; first Monday in December. TattnallThird Mondays in April and October.

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AUGUSTA CIRCUIT. HONS. F. FREDRICK KENNEDY, JOHN F. HARDIN, WILLIAM M. FLEMING, JR., Judges, Augusta. R. WILLIAM BARTON, D.A., Augusta. BurkeFourth Mondays in April and October. ColumbiaFourth Mondays in March and September. RichmondThird Mondays in January, March, May, July, September and November. BLUE RIDGE CIRCUIT. HONS. SAM P. BURTZ, Judge, Canton. MARION T. POPE, JR., P. O. Box 589, Canton. C. B. (BUTCH) HOLCOMB, D.A., P. O. Box 248, Canton. CherokeeThird Monday in January; first Monday in May; second Monday in September. FanninThird Monday in April and 4th Monday in August; first Monday in December. ForsythFourth Mondays in March and July; second Monday in November. GilmerThird Monday in May; fourth Monday in October. PickensSecond Monday in March; fourth Monday in September. BRUNSWICK CIRCUIT. HONS. WINEBERT DAN FLEXER, Judge, Brunswick. JACK W. BALLENGER, Judge, Rt. 2, Baxley. GLENN THOMAS, JR., D.A., P. O. Box 416, Jesup. ApplingSecond and third Mondays in February; third and fourth Mondays in October. CamdenFirst Mondays in April and November; third Monday in June. GlynnSecond Mondays in January, May, and September. Jeff DavisFirst and second Mondays in March, June, and December; fourth Monday in September; first Monday in October. WayneThird and fourth Mondays in April and November; fourth Mondays in January and June.

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CHATTAHOOCHEE CIRCUIT. HONS. J. ALVAN DAVIS Judge, P. O. Box 789, Columbus, JOHN H. LAND, Judge, R.F.D., Whitesville Rd., Columbus. W. B. SKIPWORTH, JR., D.A., P. O. Box 1867, Columbus. ChattahoocheeFourth Mondays in March and September. HarrisSecond Mondays in January, May and September. MarionFourth Mondays in April and October. MuscogeeFirst Mondays in February, April, June, August, October and December. TalbotSecond Mondays in March and November; third Monday in August. TaylorFirst and second Mondays in January and July. CHEROKEE CIRCUIT HON. JEFFERSON L. DAVIS, Judge, Box 128, Cartersville. DAVID N. VAUGHAN, JR., D.A., Cartersville. BartowFirst Mondays in February and August; fourth Mondays in April and October. GordonFirst Mondays in March and September; fourth Mondays in May and November. CLAYTON CIRCUIT. HONS. HAROLD BANKE, Judge,% Courthouse, Jonesboro. EDWIN S. KEMP, Judge, Jonesboro. H. E. BROWN, D.A., Jonesboro. ClaytonFirst Mondays in February, May, August and November. COBB CIRCUIT. HONS. HOWELL COBB RAVEN, Judge, Marietta. LUTHER C. HAMES, Judge, Marietta. BEN F. SMITH, D.A., Marietta. CobbSecond Mondays in January, March, May, July, September and November.

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CONASAUGA CIRCUIT. HON. ROBERT VINING, JR., Judge, Dalton. ROBERT B. ADAMS, D.A., Dalton. MurraySecond Mondays in February and October; fourth Monday in May; first Monday in August. WhitfieldSecond Mondays in January, July and September; first Mondays in March, May and November. CORDELE CIRCUIT. HON. WILLIAM LEROY McMURRAY, JR., Judge, P. O. Box 555, Cordele. D. E. TURK, D.A., Abbeville. Ben HillSecond and third Mondays in January, April, July, and October. CrispFourth Mondays and the Mondays following in January, April, July, and October. DoolySecond and third Mondays in February, May, August, and November. WilcoxFirst Monday in March; fourth Mondays in June and November, and the Mondays following each of them. COWETA CIRCUIT. HON. LAMAR KNIGHT, Judge, P. O. Box 315, Carrollton. ELDRIDGE FLEMING, D.A., Hogansville. CarrollFirst Mondays in April and October. CowetaFirst Monday in March; first Tuesday in September. HeardThird Mondays in March and September. MeriwetherThird Mondays in February, May, August, and November. TroupFirst Mondays in February, May, August, and November. DOUGHERTY CIRCUIT. HON. ASA D. KELLEY, JR., Judge, Albany. ROBERT W. REYNOLDS, D.A., 230 Pine Ave., Albany. DoughertySecond Mondays in January, March, May, July, September, and November.

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DUBLIN CIRCUIT. HON. W. H. (BILL) WHITE, Judge, Dublin. N. G. REEVES, JR., D.A., Soperton. JohnsonThird Mondays in March, June, September, and December. LaurensFourth Mondays in January, April, July and October. TreutlenThird Mondays in February and August. TwiggsSecond Mondays in January, April, July, and October. EASTERN CIRCUIT. Hons. DUNBAR HARRISON, EDWIN A. McWHORTER, B. B. HEERY, Judges, Savannah. ANDREW JOE RYAN, JR., D.A., Savannah. ChathamFirst Mondays in March, June, September and December. FLINT CIRCUIT. HON. HUGH D. SOSEBEE, Judge, Forsyth. EDWARD E. McGARITY, D.A., P. O. Box 471, McDonough. ButtsFirst and second Mondays in February and November; first Monday in May; third and fourth Mondays in August. HenrySecond, third and fourth Mondays in January, April, July, and October. LamarFirst and second Mondays in March, June, and December; second and third Mondays in September. MonroeThird and fourth Mondays in February, May and November; first and second Mondays in August. GRIFFIN CIRCUIT. HON. ANDREW J. WHALEN, JR., Judge, Griffin. CLAUDE CHRISTOPHER, D.A., Griffin. FayetteFirst and second Mondays in March; second and third Mondays in September. PikeThird and fourth Mondays in February and November, fourth Monday in July; first Monday in August. SpaldingFirst and second Mondays in February and October; third and fourth Mondays in June. UpsonThird and fourth Mondays in March and August; first and second Mondays in November.

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GWINNETT CIRCUIT. HON. CHAS. C. PITTARD, Judge, Duluth. REID MERRITT, D.A., P. O. Box 352, Lawrenceville. GwinnettFirst Mondays in January, March, May, July and November; second Monday in September. LOOKOUT MOUNTAIN CIRCUIT. HONS. ROBERT E. (BOB) COKER, Judge, LaFayette; PAUL W. (JOHNNY) PAINTER, Judge, Rossville. EARL B. (BILL) SELF, D.A., P. O. Box 192, Summerville. CatoosaFirst Monday in March; second Monday in September. ChattoogaFirst Mondays in February and August. DadeFirst Monday in April; second Monday in October. WalkerFirst Mondays in May and November. MACON CIRCUIT. HONS. HAL BELL, C. CLOUD MORGAN, GEORGE B. CULPEPPER, III, Judges, Macon. JACK J. GAUTIER, D.A., Macon. BibbFirst Mondays in February, April, June, August, October, and December. CrawfordThird and fourth Mondays in March and October. HoustonFirst Mondays in February, May, and November; third Monday in August. PeachFirst and second Mondays in March and August; third and fourth Mondays in November. MIDDLE CIRCUIT. HON. WALTER C. McMILLAN, JR., Judge, P. O. Box 286, Sandersville. H. REGINALD THOMPSON, D. A., Swainsboro. CandlerFirst and second Mondays in February and August. EmanuelSecond Mondays in January, April, July and October. JeffersonSecond Mondays in May and November. ToombsFourt Mondays in February, May, August, and November. WashingtonFirst Mondays in March, June, September and December.

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MOUNTAIN CIRCUIT. HON. LAMAR N. SMITH, Judge, P. O. Box 345, Toccoa. HERBERT B. KIMZEY, D. A., P. O. Box 38, Cornelia. HabershamFirst Mondays in February and November; third Monday in June. RabunFourth Mondays in February and November; first Monday in August. StephensSecond Mondays in January, May and October. TownsFourth Monday in March; first Monday in June; second Monday in September. UnionThird Mondays in April and August; second Monday in December. NORTHEASTERN CIRCUIT. HONS. A. R. KENYON, Judge, Gainesville. JOSEPH H. BLACKSHEAR, Judge, Gainesville. JEFF WAYNE, D. A., Gainesville. DawsonFirst Mondays in February and August. HallFirst Mondays in May and November; second Mondays in January, March, July and September. LumpkinFourth Mondays in February and August. WhiteFirst Mondays in April and October. NORTHERN CIRCUIT. HON. JOHN W. (BILLY) WILLIFORD, Judge, 145 Parkwood Dr., Elberton. CLETE D. JOHNSON, D. A., Box 245, Royston. ElbertFirst Monday in March; second Monday in September. FranklinThird Mondays in January and October; fourth Monday in March; first Monday in August. HartFirst Mondays in February and October; fourth Monday in May. MadisonThird Mondays in February and May; fourth Monday in August; second Monday in December. OglethorpeThird Monday in March; first Monday in November.

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OCMULGEE CIRCUIT. HONS. GEORGE S. CARPENTER, Milledgeville, GEORGE L. JACKSON, Judges, Gray. GEORGE D. LAWRENCE, D. A., P. O. Box 87, Eatonton. BaldwinSecond Mondays in January, April, July, and October. GreeneFourth Mondays in January, April, July, and October. HancockFourth Mondays in March and September; second Mondays in June and December. JasperSecond Mondays in February, August, and November. JonesFirst Mondays in February and August; third Mondays in April and October. MorganFirst Mondays in March, June, September, and December. PutnamThird Mondays in March, June, September and December. WilkinsonFirst Mondays in January, April, July and October. OCONEE CIRCUIT. HON. JAMES B. O'CONNOR, Judge, P. O. Box 465, McRae. ALBERT D. MULLIS, D. A., P. O. Box 477, Eastman. BleckleyFirst Monday in March and second Mondays in July and November. DodgeThird Mondays in February, May, August and November. MontgomeryFirst Mondays in February, May, August and November. PulaskiSecond and third Mondays in March and September; second Mondays in June and December. TelfairFourth Mondays in February and June; third and fourth Mondays in October. WheelerSecond Mondays in February and October; third Monday in June. OGEECHEE CIRCUIT. HON. WILLIAM COLBERT HAWKINS, Judge, Sylvania. J. LANE JOHNSTON, D. A., Statesboro. BullochFourth Mondays in January, April, July, and October. EffinghamThird Mondays in April and October. JenkinsSecond Mondays in May and November. ScrevenSecond Mondays in January, April and July; third Monday in November.

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PATAULA CIRCUIT. HON. WALTER I. GEER, Judge, Colquitt. JOE M. RAY, D. A., Box 7, Cuthbert. ClayThird Mondays in March and November. EarlyThird Mondays in January and July. MillerFourth Mondays in April and October. QuitmanFourth Mondays in March and September. RandolphFirst Mondays in May and November. SeminoleSecond Mondays in April and October. TerrellFirst Mondays in June and December. PIEDMONT CIRCUIT. HON. MARK DUNAHOO, Judge, P. O. Box 553, Winder. NAT HANCOCK, D. A., Jefferson. BanksFirst Mondays in April and October. BarrowFirst Mondays in February, May, August and November. JacksonFirst Monday in March; second Monday in September. ROME CIRCUIT. HON. ROBERT L. SCOGGIN, Judge, Rome. LARRY SALMON, D. A., Rome. FloydSecond Mondays in January, March, July and September; first Mondays in May and November. SOUTH GEORGIA CIRCUIT. HON. ROBERT E. L. CULPEPPER, JR., Judge, Camilla. FRED B. HAND, JR., D. A., P. O. Box 306, Pelham. BakerThird Mondays in January and July. CalhounLast Mondays in May and November. DecaturFirst Mondays in May and November. GradyThird Mondays in March and September. MitchellSecond Mondays in January and July; third Mondays in April and October.

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SOUTHERN CIRCUIT. HONS. GEORGE R. LILLY, Quitman; MARCUS B. CALHOUN, Thomasville, Judges. GEORGE A. HORKAN, JR., D. A., Moultrie. BrooksFirst Mondays in May and November. ColquittFirst Mondays in April and October. EcholsSecond Mondays in March and September. LowndesThird Mondays in May and November. ThomasThird Mondays in January, April, July and October. SOUTHWESTERN CIRCUIT. HON. T. O. MARSHALL, Judge, P. O. Box 798, Americus. CLAUDE N. MORRIS, D. A., Americus LeeFourth Mondays in April and October. MaconSecond Mondays in May and November. SchleySecond Mondays in February and August. StewartSecond Mondays in January and July. SumterFourth Monday in May; and first Monday in December. WebsterFourth Mondays in January and July. STONE MOUNTAIN CIRCUIT. HONS. H. O. HUBERT, JR., Decatur; WILLIAM T. DEAN, Conyers; CLARENCE L. PEELER, JR., Decatur; HUBERT C. MORGAN, Decatur; RICHARD A. THIBADEAU, Decatur, Judges. RICHARD BELL, D. A., 794 Allgood Rd., Rt. 5, Stone Mountain. DeKalbFirst Mondays in March, June, September, and December. NewtonFirst Monday in January, third Mondays in March, July and September. RockdaleThird Monday in January; first Mondays in April, July and October. TALLAPOOSA CIRCUIT. HON. DAN WINN, Judge, Cedartown. JOHN T. PERREN, D. A., Dallas. DouglasThird Mondays in March and September. HaralsonFourth Monday in April; second Mondays in August and November. PauldingSecond Monday in April; fourth Monday in July; third Monday in October. PolkFourth Mondays in February and August.

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TIFTON CIRCUIT. HON. J. BOWIE GRAY, Judge, P. O. Box C, Tifton. W. J. FOREHAND, D. A., P. O. Box 253, Tifton. IrwinThird and fourth Mondays in February; second and third Mondays in May and November. TiftFirst Mondays in March and September; first and second Mondays in June and December. TurnerSecond and third Mondays in January and July; second Mondays in April and October. WorthFourth Mondays in January, April, July, and October. TOOMBS CIRCUIT. HON. ROBERT L. STEVENS, Judge, P. O. Box 27, Thomson. KENNETH E. GOOLSBY, D. A., P. O. Box 405, Thomson. GlascockThird Mondays in February, May, August and November. LincolnFourth Mondays in January, April, July and October. McDuffieSecond Mondays in March, June, September and December. TaliaferroFourth Mondays in February, May, August, and November. WarrenThird Monday in January; first Mondays in April, July and October. WilkesFirst Mondays in February, May, August, and November. WAYCROSS CIRCUIT. HON. BEN A. HODGES, Judge, Waycross. DEWEY HAYES, D. A., Douglas. BaconFirst Mondays in February and August; fourth Monday in May; third Monday in November. BrantleyThird Monday in January; first Monday in April; second Monday in September; fourth Monday in November. CharltonFourth Monday in March; first Monday in October. CoffeeSecond and third Mondays in March and October; second Monday in June; first Tuesday after the first Monday in January. PierceSecond Monday in January; first Mondays in May and December; third Monday in August. WareFourth Mondays in January, April, July and October.

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

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TABULAR INDEX PROPOSED AMENDMENTS TO THE CONSTITUTION Fulton County; bonds without referendum 1153 Marietta, City of, bonds 1150 CODE SECTIONS Chapter 13-12EnactedConversion of regulated certificated banks 964 13-912AmendedUse of authorized stock by banks 958 13-1505AmendedDeposits to cover unpaid claims 978 13-2013AmendedLimitations on bank loans 603 13-2023AmendedInvestments in small business investment companies 976 13-2027AmendedBanks and Banking, reserves 126 15-101AmendedState Boundaries 678 15-102AmendedGeorgia-South Carolina boundary 677 15-105AmendedGeorgia-Florida boundary 675 Chapter 16AmendedBuilding and Loan Act 803 20-201AmendedContracts of certain disabled veterans 640 21-105AmendedCoroners compensation in certain counties (10,150 - 10,275) 878 Title 22AmendedCorporation Code 152 23-1102AmendedCounty Surveyors 350 23-1704AmendedCounty contractors' bonds 954 Chapter 24-8AmendedConstables, appointments, vacancies, etc. 351 24-822, 24-823EnactedConstables arrest powers, etc. 875 24-1707AmendedOrdinaries, method of filling vacancies 290 24-1901AmendedHospitalization of mentally ill persons, etc. 505 24-2501AmendedHouston Judicial Circuit 427 Title 26AmendedCriminal Code 857 26-1705AmendedCredit cards 128 26-1902AmendedArmed robbery 810 26-3102AmendedPunishment for capital offenses 809 26-3301EnactedAircraft hijacking 741 29-106AmendedContracts of certain disabled veterans 640 Title 31RepealedRight of Dower 123 31-110AmendedDower 40 Title 32AmendedEducation attendance records 838 32-910AmendedState Board of Education 708 32-942AmendedSchool funds 721 32-1003AmendedCounty school superintendents 289 Title 34AmendedGeorgia Election Code 285 Title 34AmendedGeorgia Election Code 329 Chapter 34-13AmendedGeorgia Election Code 308 34-1407AmendedAbsentee ballots, challenge, etc. 280 Chapter 34-15AmendedGeorgia Election Code, returns 292 Title 34AAmendedMunicipal Election Code 282 , 285

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Title 34AAmendedMunicipal Election Code 355 40-802AmendedArchives and History 989 Chapter 49-6AmendedHospitalization of mentally ill persons, etc. 505 49-602AmendedPreference of spouse as guardian 943 53-503AmendedSuretyship of wife 72 Chapter 54-6AmendedEmployment Security Law 249 56-317AmendedPowers of Insurance Commissioner 585 56-620AmendedSurplus insurance 609 56-805, 56-806AmendedInsurance License examinations 583 56-808aAmendedLicensing of insurance agents 489 56-1027Investments by insurers 23 56-1040EnactedVariable annuity contracts 723 56-1201AmendedVenue of actions on bonds of court clerks, etc. 740 56-1520AmendedBorrowed surplus 490 56-2703AmendedGroup life insurance 22 56-2703AmendedGroup life insurance policies 430 , 612 56-2707EnactedGroup Life Insurance 32 57-101.1EnactedInterest on real estate loans 33 57-119EnactedInterest rates on loans of $100,000 or more 80 Chapter 68-2AmendedMotor vehicle license plates 266 79A-408AmendedState Board of Pharmacy 936 81A-152EnactedFindings of fact, etc. by trial courts 645 84-913, 84-914AmendedMedical examiners 718 Title 88AmendedGeorgia Health Code 715 Chapter 88-5AmendedHospitalization of mentally ill persons 505 Chapter 88-15AmendedRabies Control 834 88-524Enactedmentally ill Georgians 837 88-1719AmendedCopies of marriage licenses 959 88-1802, 88-1805AmendedHospital Authorities Act 103 88-1805, 88-1820AmendedHospital Authorities Act 805 Chapter 92-2AmendedAttorneys at Law 82 Chapter 92-31AmendedCorporation income tax 114 92-1403AmendedMotor fuel taxation 486 92-1404AmendedFunds to counties for road purposes 845 92-2903AmendedMobile home dealers, etc. 135 92-3208AmendedIncome Tax forms 744 92-3211AmendedIncome tax returns 719 92-3216AmendedIncome tax information to certain counties (400,000 or more) 747 92-4101AmendedAd valorem tax rate of City of Toccoa 841 92-6206, 92-6208AmendedTax returns in certain counties (36,00038,000) 738 92-6912AmendedAppeals from assessments of arbitrators 942 95-1504AmendedUtilities 930 100-101AmendedState depositories 681 105-1309AmendedActions by administrators and executors 762 108-417AmendedInvestment of trust funds 963

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109A-4-212AmendedCharge backs by banks 956 109A-9-307AmendedLivestock Commission Merchants 149 114-112AmendedWorkmen's Compensation Act 671 114-706AmendedWorkmen's Compensation hearings 205 COURTS SUPERIOR COURTS Assistant district attorneys, etc. in certain counties (135,000-140,000) 3950 Atlanta Circuit; assistant district attorneys 150 Augusta Circuit; Chief assistant district attorney 951 Augusta Circuit; payment for office supplies by Burke County 655 Augusta Circuit; senior judge's secretary 64 Baldwin; expense allowance for district attorney 383 Banks; court reporter 57 Banks; terms 47 , 877 Barrow; court reporter 57 Barrow; terms 47 , 877 Ben Hill; Court reporter 657 Bibb; assistant district attorneys 419 Bibb; judges' compensation 10 Bibb; judges' salaries 971 Bleckley; court reporter 664 Blue Ridge Circuit; court reporters, office expenses 482 Brooks; additional judge 217 Burke; Chief assistant district attorney 951 Burke; office supplies 655 Burke; senior judge's secretary 64 Butts; salary and secretary of district attorney 409 Catoosa; court reporter 207 Catoosa; judge's supplement 418 Catoosa; terms 8 Chattahoochee Circuit; additional judge 850 Chattahoochee Circuit; assistant district attorney 99 Chattooga; court reporter 207 Chattooga; judge's supplement 418 Chattooga; terms 8 Cherokee Circuit; terms 559 Cherokee; court reporters, office expenses 482 Clarke; expenses of district attorney 16 Clayton Circuit; judges' supplement 353 Clerks' retirement system 668 Cobb Circuit; court reporters 414 Cobb Circuit; salaries, investigator, etc. 213 Colquitt; additional judge 217 Columbia; chief assistant district attorney 951 Compensation of district attorneys in certain counties (135,000-140,000) 950 Cordele Circuit; court reporter's salary 657

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Court reporters etc. in certain counties (250,000-500,000) 876 Crawford; assistant district attorneys 419 Crawford; judges' compensation 10 Crawford; judges' salaries 971 Crisp; court reporter 657 Dade; court reporter 207 Dade; judge's supplement 418 Dade; terms 8 Decatur; terms 662 DeKalb; salary of district attorney, etc. 561 Deposit of funds in certain counties (250,000-500,000) 3653 Dodge, court reporter 664 Dooly; court reporter 657 Dougherty Circuit; judge's salary 36 Echols; additional judge 217 Expenses in certain counties (13,275-13,600) 844 Fannin; court reporters, office expenses 482 Fayette; court reporter 648 Fayette; judge's secretary 497 Findings of fact and conclusions of law 645 Flint Circuit; salary and secretary of district attorney 409 Flint Circuit; terms in Henry County 221 Floyd; judge's supplement 108 Forsyth; court reporters, office expenses 482 Fulton; assistant district attorneys 150 Gilmer; court reporters, office expenses 482 Gordon; terms 559 Greene; expense allowance for district attorney 383 Griffin Circuit; court reporter 648 Griffin Circuit; judge's secretary 497 Gwinnett Circuit; investigator 48 Hancock; expense allowance for district attorney 383 Harris; additional judge 850 Henry; salary and secretary of district attorney 409 Henry; terms 221 Houston Circuit; created 427 Houston; judges' compensation 10 Houston; judges' salaries 971 Jackson; court reporter 57 Jackson; terms 47 , 877 Jasper; expense allowance for district attorney 383 Jones; expense allowance for district attorney 383 Jones; law books 4142 Judge's compensation 113 Lamar; salary and secretary of district attorney 409 Lincoln; expense allowance of district attorney 872 Lookout Mountain Circuit; court reporter 207 Lookout Mountain Circuit; judge's supplement, repealed 418 Lookout Mountain Circuit; terms 8 Lowndes; additional judge 217 Macon Circuit; assistant district attorneys 419

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Macon circuit; judges' compensation 10 Macon Circuit judges' salaries 971 Marion; additional judge 850 Monroe; salary and secretary of district attorney 409 Montgomery; court reporter 664 Morgan; expense allowance for district attorney 383 Muscogee; additional judge 850 Muscogee; assistant district attorney 99 Newton; salary of district attorney, etc. 561 Northern Circuit; terms in Oglethorpe County 845 Ocmulgee Circuit; expense allowance for district attorney 383 Oconee Circuit; court reporter 664 Oconee; expenses of district attorney 16 Oglethorpe; terms 845 Peach; assistant district attorneys 419 Peach; judges' compensation 10 Peach; judges' salaries 971 Piedmont Circuit; court reporter 57 Piedmont Circuit; terms 47 , 877 Pickens; court reporters, office expenses 482 Pike; court reporter 648 Pike; judge's secretary 497 Pulaski; court reporter 664 Putnam; expense allowance for district attorney 383 Richmond; chief assistant district attorney 951 Rockdale; salary of district attorney, etc. 561 Rome Circuit; judge's supplement 108 Southern Circuit; additional judge 217 South Georgia Circuit; terms in Decatur County 662 Spalding; court reporter 648 Spalding; judge's secretary 497 Stone Mountain Circuit; salary of district attorney, etc. 561 Talbot; additional judge 850 Taylor; additional judge 850 Telfair; court reporter 664 Thomas; additional judge 217 Toombs Circuit; district attorney 872 Upson; court reporter 648 Upson; judge's secretary 497 Walker; court reporter 207 Walker; judge's supplement 418 Walker; terms 8 Walker; expenses of district attorney 16 Western Circuit; expenses of district attorney 16 Wheeler; court reporter 664 Wilcox; court reporter 657 Wilkes; expense allowance of district attorney 872 Wilkinson; expense allowance for district attorney 383

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CITY COURTS Albany; judges pro hoc vice 2923 Associate judges in certain counties (135,000-140,000) 2396 Athens; investigator 3934 Bainbridge; name changed to civil and criminal court of Decatur County 3625 Brunswick; name changed to civil and criminal court of Glynn County, etc. 3908 Buford; abolished 2819 Chattooga; name changed to civil and criminal court of Chattooga County 3273 Claxton; compensation of solicitor 2243 Claxton; judge's salary 2246 Douglas; name changed to State Court of Douglas County 3862 Griffin; name change to State Court of Spalding County, salaries 2876 Habersham; name changed to Civil and Criminal Court of Habersham County 2093 Habersham; salaries of judge and solicitor 2076 Oglethorpe; judge's salary 3112 Oglethorpe; name changed to State Court of Macon County 3346 Oglethorpe; solicitor's salary 3110 Solicitors deemed permanent employees in certain counties (135,000-140,000) 3938 Soperton; name changed to State Court of Treutlen, etc. 2201 Sylvester; practice of law by judge 2171 Walker; name changed to Civil and Criminal Court of Walker County 2423 Walker; salaries of judge and solicitor 2425 Waynesboro; court stenographer 2156 CIVIL COURTS Fulton; judges' salaries 2413 CIVIL AND CRIMINAL COURTS Chattooga; name changed from City Court of Chattooga County 3273 Cobb; court of record, costs, etc. 2460 Cobb; salaries of judges and clerk 3588 Cobb; solicitor, etc. 2420 Decatur County; name changed from City Court of Bainbridge 3625 DeKalb; salaries of judges and solicitor 2443 Glynn County; name changed from City Court of Brunswick, etc. 3908 Habersham; name changed from City Court of Habersham 2093 Walker; name changed from City Court of Walker County 2423

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CRIMINAL COURTS Fulton; assistant solicitors-general, salaries 2416 Fulton; compensation of judges and solicitor-general 2410 Fulton; method of filling vacancies 3944 JUVENILE COURTS Cobb; judge's salary 3560 Judges' salaries in certain counties (49,000-49,500) 3904 Judges' salaries in certain counties (500,000 or more) 2419 Juvenile's right to bail 760 Study Committee 1057 STATE COURTS Douglas County; name changed from City Court of Douglas 3862 Houston; designated as constitutional special court 2620 Laurens; compensation of judge and solicitor 2248 Macon County; name changed from City Court of Oglethorpe 3346 Spalding; name changed from City Court of Griffin, salaries 2876 Treutlen; name changed from City Court of Soperton, etc. 2201 COUNTIES AND COUNTY MATTERS. NAMED COUNTIES Atkinson; clerk of superior court placed on salary 3613 Atkinson; compensation of board of commissioners 2723 Atkinson; sheriff's salary, etc. 3864 Baldwin; expense allowance for district attorney 383 Baldwin; lease of land to Board of Education 69 Baldwin; salaries of County Commissioners 3958 Banks; superior court court reporter 57 Barrow; superior court terms 47 , 877 Barrow; Act placing named officers on salaries amended 2881 Barrow; salary of clerk of county commissioners 2654 Barrow; superior court court reporter 57 Barrow; superior court terms 47 , 867 Bartow; clerical help for county commissioner 2757 Bartow; clerical help for tax commissioner 2759 Bartow; compensation of named officers 2753 Ben Hill; county depository 2720 Ben Hill; superior court reporter 657 Bibb; assistant district attorneys 419 Bibb; board of education and orphanage, members, employees 3999 Bibb, board of elections, referendum 3331 Bibb; compensation of county commissioners 2623 Bibb; land conveyance to Board of Education and Orphanage 620 Bibb; superior court judges 10 Bibb; superior court judges' salaries 971 Bleckley; clerk of superior court placed on salary 3312

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Bleckley; compensation of ordinary and clerk 3296 Bleckley; office of tax commissioners created 3304 Bleckley; salaries of county commissioners and clerical assistant 3387 Bleckley; sheriff's compensation 3389 Bleckley; superior court court reporter 664 Bleckley; tax collector placed on salary 3298 Bleckley; tax receiver placed on salary 3301 Brooks; additional superior court judge 217 Bryan; deputy sheriffs, etc. 2406 Burke; Act placing sheriff on salary amended 2167 Burke; chief assistant district attorney 951 Burke; compensation of clerk of superior court 2158 Burke; compensation of county commissioners 3631 Burke; compensation of ordinary 2160 Burke; senior superior court judge's secretary 64 Burke; superior court office supplies 655 Butts; board of commissioners 2195 Butts; board of education, referendum 2456 Butts; costs in criminal cases 2664 Butts; salary and secretary of district attorney 409 Butts; tax receiver placed on salary 2661 Camden; office of tax commissioner created, referendum 3543 Candler; clerk of board of commissioners 2233 Candler; salary of ordinary 2235 Catoosa; compensation of county commissioners, etc. 2193 Catoosa; compensation of sheriff, etc. 2189 Catoosa; superior court court reporter 207 Catoosa; superior court judge's supplement 418 Catoosa; superior court terms 8 Chatham; civil service system Act amended 2985 Chatham; hospital authority members 3603 Chatham; land conveyance 1053 Chattooga; clerical help for ordinary 3271 Chattooga; salaries of clerk of commissioners and warden of public works camp 2691 Chattooga; salary of deputy clerk of superior court 3275 Chattooga; salary of deputy tax commissioner 3278 Chattooga; superior court court reporter 207 Chattooga; superior court judge's supplement 418 Chattooga; superior court terms 8 Chattahoochee; additional judge of superior court 850 Chattahoochee; sheriff's salary 2268 Charlton; board of education, referendum 2665 Charlton; education funds 622 Charlton; school property tax digest 381 Cherokee; board of education, referendum 2829 Cherokee; compensation of county commissioner's clerk 2826 Cherokee; salaries of named officers, etc. 2821 Cherokee; superior court court reporter, office expenses 482 Clarke; board of education, referendum 3028

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Clarke; expenses of district attorney 16 Clarke; sheriff's allowance for feeding prisoners 2616 Clayton; board of commissioners, etc. 3096 Clayton; civil service system Act amended 3340 Clayton; superior court judges' supplement 353 Clinch; deputy sheriffs 2216 Clinch; tax collector and tax receiver placed on salaries 2211 Cobb; Act placing named officers on salaries amended 3342 Cobb; authority to adopt ordinances, etc. 2486 Cobb; board of education, referendum 2475 Cobb; bond of clerk of superior court 3541 Cobb; civil service system Act amended 2228 Cobb; compensation of board of county commissioners 3280 Cobb; juvenile court judges' salary 3560 Cobb; salaries of tax commissioners and chief clerk 3565 Cobb; superior court court reporters 414 Cobb; superior court salaries, etc. 213 Coffee; audits 3093 Columbia; Act placing named officials on salaries amended 2105 Columbia; chief assistant district attorney 951 Columbia; salary of chairman of county commissioners 2103 Colquitt; additional superior court judge 217 Colquitt; board of education, referendum 2559 Colquitt; Moultrie-Colquitt County Airport Authority Act amended 3798 Cook; Act placing named officers on salaries amended 3402 Cook; compensation of county commissioners 3408 Cook; education funds 622 Cook; school property tax digest 381 Cook; sheriff's compensation, etc. 3400 Coweta; Act placing named officers on salaries amended 2844 Crawford; assistant district attorneys 4191 Crawford; ordinary placed on salary 2391 Crawford; salary of clerk of superior court 2389 Crawford; sheriff's compensation, etc. 2386 Crawford; superior court judges 10 Crawford; superior court judges' salary 971 Crisp; salaries of named officers, etc. 2702 Crisp; superior court court reporter 657 Dade; superior court court reporter 207 Dade; superior court judge's supplement 418 Dade; superior court terms 8 Dawson; clerk of superior court and ordinary placed on salaries 2110 Dawson; county commissioner's salary 2118 Dawson; salaries of sheriff and deputies 2113 Dawson; tax commissioner's salary 2116 Decatur; superior court terms 662 DeKalb; coliseum authority 2567 DeKalb; exchange of easements 1122 DeKalb; hospital authority members 3611

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DeKalb; publication of quarterly audits 3795 DeKalb; stenographer for grand jury 3117 DeKalb; terms of members of board of education 3586 DeKalb; vacancies on board of county commissioners 3866 Dodge; Act placing sheriff and clerk of superior court on salaries amended 3282 Dodge; compensation, etc. of employees of tax commissioner 3287 Dodge; compensation of county commissioner and clerk 3290 Dodge; compensation of ordinary and clerk 3293 Dodge; superior court court reporter 664 Dooly; Act placing sheriff on salary amended 2162 Dooly; industrial development authority, powers, etc. 3317 Dooly; superior court court reporter 657 Dougherty; compensation of board of commissioners 2797 Dougherty; compensation of sheriff and clerk of superior court 2293 Dougherty; land conveyance 1095 Dougherty; salary of tax commissioner 2296 Dougherty; sanitary districts 2980 Dougherty; superior court judge's salary 36 Echols; additional superior court judge 217 Echols; salaries of county commissioners and county attorney 3677 Effingham; county commissioners' compensation 2404 Emanuel; terms of members of board of commissioners 3124 Evans; compensation of ordinary 2241 Fannin; Act placing sheriff on salary amended 2634 Fannin; board of county commissioners, referendum 2641 Fannin; office of tax commissioner created, referendum 2637 Fannin; superior court court reporters, office expenses 482 Fayette; superior court court reporter 648 Fayette; superior court judge's secretary 497 Floyd; merit system 2505 Floyd; superior court judge's supplement 108 Forsyth; Act placing named officers on salaries amended 2033 Forsyth; county commissioners and county attorney 2030 Forsyth; superior court court reporters, office expenses 482 Fulton; assistant district attorneys 150 Fulton; board of education employees' pension Act amended 2848 Fulton; board of education pension system Act amended 2524 , 3942 Fulton; bonds without referendum, proposed amendment to the Constitution 1153 Fulton; compensation of civil service board 2435 Fulton; employees' pension Act amended 2408 Fulton; fire stations 2853 Fulton; uniform sewer installation installments 3956 Gilmer; superior court court reporters, office expenses 482 Glascock; deputy sheriffs 2922 Glynn; chief jailer 3905 Gordon; county commissioner's salary, budgets, etc. 3658 Gordon; superior court terms 559 Grady; education funds 622 Grady; school property tax digest 381

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Greene; expense allowance for district attorney 383 Greene; land conveyance 1083 Gwinnett; audits 2793 Gwinnett; compensation of named officers 2712 Gwinnett; compensation of tax commissioner 2715 Gwinnett; merit system 3051 Gwinnett; sewer and water system 3040 Gwinnett; superior court investigator 48 Habersham; clerk of superior court placed on salary 2095 Habersham; compensation of board of commissioners 2079 Habersham; compensation of tax commissioner, etc. 2199 Habersham; elections and compensation of board of county commissioners 2069 Habersham; fire protection districts 2208 Habersham; hospital authority trustees 2097 Habersham; ordinary placed on salary 2099 Hancock; expense allowance for district attorney 383 Haralson; Act placing sheriff and ordinary on salaries amended 2431 Haralson; county commissioner's salary 2433 Haralson; treasurer's salary 2429 Harris; Act placing sheriff on salary amended 3632 Harris; additional judge of superior court 850 Hart; assistant to tax commissioner 2062 Hart; deputy clerk of superior court, clerk of ordinary 2057 Hart; deputy sheriffs 2060 Heard; clerical assistant for clerk of superior court 2125 Heard; compensation of county commissioners 2120 Heard; salaries of sheriff and deputies 2122 Henry; compensation of tax commissioner 2761 Henry; county commissioners' compensation 2451 Henry; salaries of named officials 2446 Henry; salary and secretary of district attorney 409 Henry; superior court terms 221 Henry; treasurer's salary 2449 Houston; Houston Judicial Circuit created 427 Houston; superior court judges 10 Houston; superior court judges' salary 971 Irwin; board of county commissioners 3119 Jackson; superior court court reporter 57 Jackson; superior court terms 47 , 877 Jasper; compensation of county commissioners 2291 Jasper; expense allowance for district attorney 383 Jasper; sheriff's compensation, etc. 2289 Jeff Davis; clerk of superior court and ordinary placed on salaries 3418 Jeff Davis; compensation of county commissioners 2992 Jeff Davis; sheriff's salary, etc. 3415 Jefferson; compensation of county commissioners and clerk 3724 Jefferson; deputy sheriffs, etc. 3722 Johnson; board of commissioners, vacancies, compensation 2602

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Jones; compensation and elections of county commissioners 2153 Jones; compensation of sheriff, etc. 2150 Jones; expense allowance for district attorney 383 Jones; law books 4142 Lamar; compensation of clerk of superior court 2617 Lamar; salary and secretary of district attorney 409 Lamar; salary of chief deputy sheriff 3539 Lanier; clerk of superior court placed on salary 2717 Lanier; compensation of board of county commissioners 3617 Lanier; sheriff's salary, etc. 3616 Laurens; compensation of county commissioners 2274 Laurens; compensation of ordinary 2262 Laurens; salary of clerk of superior court 2255 Laurens; sheriff's salary 2257 Laurens; tax commissioner's salary 2259 Laurens; treasurer's salary 2250 Lee; expenses of sheriff's office 2394 Lincoln; development authority members 2693 Lincoln; salary of chairman of board of commissioners 3350 Lincoln; sheriff's salary, etc. 3348 Lincoln; treasurer, referendum 3352 Lowndes; additional superior court judge 217 Lumpkin; county commissioner's salary 3936 Lumpkin; sheriff's salary, etc. 3931 McIntosh; ordinary placed on salary 3369 McIntosh; salaries of county commissioners 3367 McIntosh; salaries of tax commissioner's employees 3365 Marion; additional judge of superior court 850 Meriwether; salaries of sheriff, clerk of superior court and ordinary 2225 Mitchell; compensation of county commissioners 3608 Mitchell; office of treasurer abolished 3064 Monroe; compensation of county commissioners 3629 Monroe; salary and secretary of district attorney 409 Montgomery; superior court court reporter 664 Morgan; expense allowance for district attorney 383 Muscogee; additional judge of superior court 850 Muscogee; assistant district attorney 99 Muscogee; charter commission 3571 Muscogee; employees' pension fund 2073 Muscogee; recorder's court, ordinances 2678 Newton; education funds 622 Newton; school property tax digest 381 Oconee; expenses of district attorney 16 Oconee; salary of chairman of county commissioners 2142 Oglethorpe; superior court terms 845 Paulding; water authority bonds 2038 Peach; assistant district attorneys 419 Peach; industrial development authority 2695 Peach; superior court judges 10 Peach; superior court judges' salaries 971

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Pickens; deputy sheriffs 3682 Pickens; school superintendent, referendum 3066 Pickens; superior court court reporters, office expenses 482 Pickens; Tate Water and Sewer Act 3069 Pickens; utilities districts 3680 Pickens; water and sewer Act 2764 Pike; superior court court reporter 648 Pike; superior court judge's secretary 497 Polk; meetings of county commissioners 3619 Polk; sheriff's motor vehicles 3622 Pulaski; Act placing ordinary on salary amended 3310 Pulaski; superior court court reporter 664 Putnam; Act placing sheriff on salary amended, referendum 2670 Putnam; compensation, etc. of tax commissioner, referendum 3126 Putnam; expense allowance for district attorney 383 Putnam; salaries of county commissioners and clerk, referendum 3598 Putnam; salary of clerk of superior court, etc., referendum 3594 Putnam; salary of ordinary referendum 3130 Rabun; board of commissioners 2397 Rabun; sheriff's salary, etc. 3975 Randolph; clerk of superior court's clerical assistants 2276 Randolph; salary etc. of ordinary 2221 Randolph; sheriff's salary, etc. 2223 Richmond; board of education 3567 Richmond; chief assistant district attorney 951 Richmond; joint board of tax assessors 2514 Richmond; traffic ordinances 2657 Rockdale; Act placing sheriff on salary amended 2179 Rockdale; clerk of superior court placed on salary 2176 Rockdale; compensation of county commissioners 2171 Rockdale; ordinances 3639 Rockdale; ordinary placed on salary 2173 Rockdale; salary, etc. of tax commissioner 2219 Schley; Act placing sheriff on salary amended 3107 Screven; compensation of ordinary 2701 Seminole; education funds 622 Seminole, school property tax digest 381 Seminole; sheriff's salary 2605 Seminole; small claims court, referendum 2590 Spalding; small claims court, referendum 3687 Spalding; superior court court reporter 648 Spalding; superior court judge's secretary 497 Stephens; meetings and salaries of county commissioners 2131 Stewart; board of education, referendum 2264 Sumter; compensation of clerk of superior court, etc. 2527 Talbot; additional judge of superior court 850 Tattnall; compensation of chairman of board of education 2135 Tattnall; compensation of chairman of county commissioners 2137 Tattnall; compensation of clerk of superior court and assistants 2139

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Tattnall; compensation of ordinary 2133 Tattnall; compensation of sheriff, etc. 2147 Taylor; additional judge of superior court 850 Telfair; board of education members, referendum 3641 Telfair; clerk of superior court placed on salary 4144 Telfair; county commissioner's salary 2975 Telfair; ordinary placed on salary 4148 Telfair; salary of tax commissioner 3087 Telfair; sheriff's salary 2973 Telfair; superior court court reporter 664 Thomas; additional superior court judge 217 Tift; Act placing sheriff on salary amended 3719 Tift; development authority bonds 2874 Tift; salaries of chairman and vice chairman of board of commissioners 3470 Tift; salary of ordinary 3718 Toombs; employees of governing authority 3701 Toombs; salary of tax receiver, etc. 3705 Turner; compensation of board of commissioners 3412 Turner; sheriff's expenses 3468 Twiggs; Act placing sheriff on salary amended 2282 Twiggs; compensation of county commissioners 2286 Upson; superior court court reporter 648 Upson; superior court judge's secretary 497 Walker; automobile for use of county commissioner 2782 Walker; superior court court reporter 207 Walker; superior court judge's supplement 418 Walker; superior court terms 8 Walker; supplies for sheriff's office 3239 Walton; board of commissioners 2051 Walton; board of education 2054 Walton; clerk of superior court and ordinary 2045 Walton; expenses of district attorney 16 Walton; sheriff's salary, etc. 2027 Walton; tax commissioner 2048 Warren; small claims court 2911 Washington; board of commissioners expense allowances 2473 Wayne; education funds 622 Wayne; hospital authority members 2725 Wayne; school property tax digest 381 Wheeler; superior court court reporter 664 White; ordinary placed on salary 3972 Whitfield; county employees 3398 Whitfield; land abandoned for park purposes 1085 Whitfield; metropolitan government study commission 2479 Whitfield; utility districts 2484 Wilcox; sheriff's expense allowance 3321 Wilcox; superior court court reporter 657

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Wilcox; salary of clerk of superior court 3970 Wilkes; small claims court 4003 Wilkinson; expense allowance for district attorney 383 Wilkinson; terms of county commissioners 3315 COUNTIES AND COUNTY MATTERSBY POPULATION 7,375-7,750Law libraries authorized 3947 7,500 7,900Compensation of coroners, referendum 3900 8,250-8,350Coroners' compensation 3805 9,977-10,140Small claims court act amended 3800 10,150-10,275Coroners' compensation 878 11,750-12,000Powers of tax commissioners 3406 13,275-13,600Expenses of superior courts 844 14,486-14,540Alcoholic beverages 1146 18,050-18,300Deposit of county funds in banks 3655 19,000-19,500Fox hunting illegal 3707 20,200-20,500Law libraries 2019 23,050-23,750Boards of county commissioners 3896 28,200-28,800Fox hunting illegal 3707 34,250-35,350Expense allowance for county commissioners 3913 36,600-38,000Tax returns 738 40,000-42,000Urban Redevelopment Law 869 43,550-45,550Qualifications of ordinaries 3679 120,000-140,000Compensation of named elected officials 3899 120,000-140,000Compensation of permanent employees 3897 135,000-140,000Assistant district attorneys, etc. 3950 135,000-140,000Compensation of district attorneys 950 135,000-140,000Salaries, etc. of sheriffs employees 3901 135,000-140,000Solicitors of city courts deemed permanent employees 3938 150,000-500,000Urban Redevelopment Law 807 250,000-500,000Audits of boards of education 3654 250,000-500,000Court reporters 876 300,000 or morePensions of policemen, firemen, etc. 3652 400,000 or moreIncome tax information from State Revenue Commissioner 747 500,000 or morePayment of fines, etc. to county treasurers 3657 500,000 or moreJuvenile court judges' salaries 2419 500,000 or moreSheriffs' salaries 2247 MUNICIPAL CORPORATIONSNAMED CITIES Albany; city treasurer 3663 Albany; corporate limits, wards 3376 Albany; employees' pension fund 2016 Albany; salaries of mayor and commissioners 2795 Albany; water services outside corporate limits 3548 Alto; ad valorem tax rate 3208 Americus; contributions to retirement fund 2022 Arnoldsville; incorporated 3248 Ashburn; new charter 3135

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Atlanta; charter amended 2065 Atlanta; corporate limits 4152 Atlanta; elections 2521 Atlanta; land conveyance 1097 Atlanta; municipal court judge 2851 Augusta; elections 3236 Augusta; joint board of tax assessors 2514 Austell; corporate limits 2901 Avondale; corporate limits 2437 Buford; charter amended 3967 Cairo; charter amended 3745 Calhoun; corporate limits 2997 Canton; election of councilmen 2833 Cartersville; new charter, referendum 2929 Cave Spring; new charter 3872 Clarkesville; compensation of mayor and council 3410 Cohutta; incorporated, referendum 2529 College Park; judge pro tem of city court 3569 College Park; planning and zoning 4142 Colquitt; salaries of mayor and councilmen 2613 Columbus; corporate limits, referendum 3356 Cordele; new charter, referendum 3806 Cordele; office building authority Act amended 2926 Dalton; corporate limits 2496 Dalton; employees' pension system Act amended 2126 Dalton; metropolitan government study commission 2479 Darien; mayor and councilman 3372 Doraville; corporate limits, referendum 2501 Douglas; audits 3090 Dublin; corporate limits, referendum 2270 Dublin; salaries of mayor and aldermen 2253 East Point; local advisory board 3860 Edison; terms of mayor and councilmen, etc. 2610 Ellijay; corporate limits, referendum 2606 Emerson; corporate limits 2928 Fairburn; corporate limits, referendum 4098 Fairburn; elections 3869 Fitzgerald; charter amended 3785 Forest Park; corporate limits 3550 Fort Oglethorpe; mayor and aldermen 3209 Fort Valley; business licenses 3581 Fort Valley; charter amended 3584 Garden City; corporate limits, etc., referendum 2584 Gray; corporate limits 2977 Griffin; corporate limits 3395 Guyton; corporate limits, referendum 3964 Guyton; mayor's qualifications, salaries 3953 Hapeville; mayor's veto power 3115 Haralson; charter amended 2631 Hartwell; charter amended 3626 Hawkinsville; authority to sell described tract of land 3307

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Hawkinsville; charter amended 3802 Hawkinsville; corporate limits, referendum 3915 Hazlehurst, salaries of mayor and commissioners 2995 Helen; new charter 3978 Helena; charter amended 3644 Homerville; elections 2214 Jefferson; charter amended, referendum 2987 Jesup; city attorney 4155 LaFayette; new charter 2298 LaGrange; corporate limits 2182 Lawrenceville; corporate limits, referendum 3960 Lawrenceville; elections 2799 Leslie; elections 2108 Lincolnton; development authority members 2693 Louisville; land conveyance 1058 Ludowici; charter amended 2144 Lula; salaries of officers and employees 2791 Lyons; corporate limits, referendum 3241 Macon; air space conveyance to First National Bank Trust Company in Macon 3708 Macon; charter amended 2801 Macon; corporate limits 2086 , 3036 Macon; employees' retirement system Act amended 2082 Madison; airport authority Act 3729 Mansfield; charter amended 2839 Marietta; ad volorem tax for public schools 3726 Marietta, bonds, proposed amendment to the Constitution 1150 Marietta; charter amended 2885 Marietta; pension plan for policemen and firemen 3101 Meigs; corporate limits, referendum 3562 Metter; corporate limits, referendum 2230 Milner; new charter 3475 Montezuma; elections 3104 Moultrie; Moultrie-Colquitt County Airport Authority Act amended 3798 Mountain View; charter amended 3636 Mount Vernon; charter amended 2205 Murrayville; incorporated, referendum 2346 Newington; new charter 2003 Newnan; charter amended, referendum 2784 Norcross; charter amended 3048 Oxford; mayor and councilmen 2835 Palmetto; recorder's court 2278 Pearson; industrial authority Act 2905 Porterdale; mayor and councilmen 2841 Porterdale; salaries of mayor and councilmen 2846 Port Wentworth; authority to close and sell designated streets 2628 Powder Springs; charter amended 3554 Powder Springs; corporate limits 2982 Richland; corporate limits 2266

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Rincon; recorder's court 2042 Rome; chiefs of police and fire departments 3715 Rome; investment of retirement system funds 2658 Rossville; new charter, referendum 4014 Royston; city manager 2707 Royston; recorder's court 3604 Saint Marys; authority to close and abandon named street, etc. 3661 Sandersville; charter amended, referendum 2467 Sardis; new charter 2727 Savannah; corporate limits 2453 Scott; new charter 3590 Senoia; new charter 3751 Smithville; ad valorem taxation 2024 Smyrna; corporate limits, etc. 3666 , 3856 Statham; corporate powers 2240 Statham; exchange of land 2237 Swainsboro; mayor's term of office 3122 Tate; water and sewer Act 3069 Thomaston; corporate limits 2649 Thomson; sale and disposition of property 3684 Tifton; city manager's salary 3133 Tifton; corporate limits, referendum 2674 Toccoa; ad valorem tax rate 841 Unadilla; corporate limits 2090 Union City; charter amended 3939 Valdosta; corporate limits 3212 Vernonburg; corporate limits 2164 Walnut Grove; new charter 3422 Warner Robins; charter amended 3927 Warner Robins; corporate limits, referendum, etc. 3920 Warner Robins; form of government, referendum 3647 MUNICIPAL CORPORATIONSBY POPULATION 150,000 or moreEmployees' pension system Act amended 2625 150,000 or moreFiremen's pension system amended 3393 150,000 or morePolicemen's pension system Act amended 3394 400,000 or moreTax information from State Revenue Commissioner 1137 MUNICIPALITIESHOME RULE AMENDMENTS Atlanta; appropriations 4160 Atlanta; department heads 4167 Atlanta; department of finance 4177 Atlanta; franchises 4174 Atlanta; holidays 4172 Atlanta; planning director 4163 Atlanta; sanitary assessments 4164 Atlanta; sewer assessments 4189

Page 1191

Atlanta; special assessment fund 4169 Clayton; ad valorem taxation 4193 Columbus; acting director of public safety 4199 Columbus; board of public safety 4210 Columbus; purchase price of motor fuel 4206 Griffin; employees' retirement 4215 RESOLUTIONS AUTHORIZING COMPENSATION Akins, J. M. 4135 Atkinson, Mrs. Minnie Lee 4113 Baldwin, Robert Lee 4120 Bill Jones Dodge City, Inc. 4111 Blackstock, J. L. 4132 Bond, Jimmy D. 4106 Butts, Ben W. 4117 Cagle, Mrs. Doris 4141 Carrington, Mrs. Hollis 4134 Chitwood, Joe Jackson 4125 Cochran, Paul 4116 Crew, Roger 4140 Francis, Mrs. Eleanor 4131 Giles, M. A. 4128 Hodges, T. L. 4130 Holloman, Vernon F. 4122 Innis, C. O. 4112 Johnson, William B. 4107 Justice, K. W. 4121 Lanier, John R. 4138 Lee, Clyde Perdie 4123 Lewis, C. F. 4109 Little, Buford 4118 McCall, John M. 4104 McGuire, Miss Doris E. 4129 Morgenthaler, James W. 4108 Morris, Miss Linda Deanne 4105 Moss, E. M. 4114 Parson, Travis 4124 Perry, Richard Floyd 4115 Ransom, Floral Company 4119 Rider, Mrs. Fred 4110 Robinson, Herman 4112 Rust, Mrs. Jessie L. 4103 Sanders, Idus Eugene 4129 Sapp, J. C. 4127 Smith, Mrs. Betty 4133 Trotter, Tom 4126 Wall, Donald L. 4136 Williams, Paul 4139

Page 1192

RESOLUTIONS AUTHORIZING LAND CONVEYANCES. Board of Education and Orphanage for Bibb County 620 Chatham County 1053 City of Atlanta 1097 City of Louisville 1058 Dawson Implement Company 211 Department of Public Safety 628 Disposal of Governor's manison on the Prado 1061 Dougherty County 1095 Greene County 1083 J. P. Stevens Co., Inc. 626 Land in Baldwin County 624 Meriwether County 1129 Percy Helmer 1081 University System of Georgia 3 Wilfred J. Mohr 263 MISCELLANEOUS RESOLUTIONS Acquisition of Sweetwater Wilderness site urged 614 Amendment to Uniform Time Act of 1966 urged 1056 American Legion Flame of Freedom 66 Atlanta-Fulton County Compensation Study Committee 1110 Bill of Rights for Older Georgians 265 Central Printing Agency Study Committee 1106 Certification of flights between Atlanta, Georgia, and Hawaii urged 1109 Constitution Revision Commission 1100 DeKalb County Compensation Study Committee 1126 Design of public buildings for use as fallout shelters 1120 Distribution to certain counties under Minimum Foundation Program of Education Act 622 Easement to Macon-Bibb County Hospital Authority 1067 Easement to Plantation Pipe Line Company 618 Exchange of easements in DeKalb County 1122 Expansion of National System of Interstate and Defense Highways urged 1104 Feasibility Study of Tired Creek area of Grady County as State park site 623 Dr. A. S. Furcron, Honorary State Geologist, etc. 1135 Georgia Authors' Week designated 1113 Georgia Coastal Islands Study Committee 121 Georgia Commission for National Bicentennial Celebration 1074 Henry Grady Hotel property lease accepted 432 Highway Law Interim Study Committee 1063 Joint Committee to study licensing of clinical laboratories 1088 Joint Election Laws Study Committee 278 Juvenile Court Law Study Committee 1057 E. S. Lane Bridge designated 1080 Law books to Jones Superior Court 4142 Lease of land to Baldwin County Board of Education 69

Page 1193

Lease of land to Calhoun Elks Home, Inc. 209 Lease of land to Edwin Mathis 1077 Leases of land to Rabun C.A.T.V. and Spartan Radiocasting Company 1116 Medal of Honor Monument at Freedom's Foundation of Valley Forge 1112 Melton, James, resolution commemorating 1127 Moina Michael Highway designated 615 Opposition to ban on cigarette advertising expressed 1065 Parking spaces for members of General Assembly 1119 Protection of Capitol Building and grounds 1060 Providence Canyon Study Committee 1107 Retention of income tax exemptions on municipal bonds urged 1115 Revenue Bond Study Committee 1121 Scholarship Study Committee 632 Senator Richard B. Russell Scenic Highway designated 102 State Communications Committee created, etc. 616 Suspension of sales and use tax on certain tangible personal property ratified 1093 Suspension of sales tax on Holy Bibles and Testaments ratified 1089 Suspension of sales and use tax on sales to non-profit hospitals ratified 1091 Uniform Consumer Credit Code Study Committee 630 U. S. Highway 19 designated as a scenic highway 1073 Whitfield County land abandoned for park purposes 1085

Page 1194

INDEX A ABSENTEE BALLOTS Challenge, etc. 280 ACTS OF GENERAL ASSEMBLY Effective dates 7 ADOPTED CHILDREN Inheritance, etc. 927 AGRICULTURAL COMMODITIES PROMOTION ACT Enacted 763 AGRICULTURE Dead animal disposal Act 1018 Georgia Meat Inspection Act 1028 Maximum rate of tobacco sales at warehouses 941 Opposition to ban on cigarette advertising expressed 1065 Registration of hatchery operators and dealers 856 AIRCRAFT HIJACKING Crime, etc. 741 AIR TRANSPORTATION Department of Air Transportation members 673 AKINS, J. M. Compensation for damages 4135 ALBANY, CITY COURT OF Judges pro hac vice 2923 ALBANY, CITY OF Corporate limits, wards 3376 Employees' pension fund 2016 Salaries of mayor and commissioners 2795 Treasurer 3663 Water service outside corporate limits 3548

Page 1195

ALCOHOLIC BEVERAGES Act regulating sale in certain counties and municipalities amended 1140 Sale, etc. in certain counties (14,486-14,540) 1146 Taxation on wines 111 ALIMONY Petitions for change of permanent alimony 98 ALTO Ad valorem tax rate 3208 AMBULANCE Purchase by State Department of Veterans Service Authorized 634 AMERICAN LEGION Flame of Freedom on State Capitol grounds 66 AMERICUS, CITY OF Contributions to retirement fund 2022 ANATOMICAL GIFT ACT Enacted 59 ANNEXATION Procedure with approval of property owners 504 ANNUITY CONTRACTS Variable annuity contracts 722 , 723 APPROPRIATIONS General Appropriations Act 880 General Appropriations Act amended (Department of Industry and Trade) 382 Labor Department supplemental appropriation 376 Procedure for considering General Appropriations Bill 680 Supplementary Appropriations Act 42 Supplementary Appropriations Act amended 124 ARCHAEOLOGIST, STATE Office created, preservation of historic sites, etc. 993

Page 1196

ARCHIVES AND HISTORY Objects, etc. of department 989 ARMED ROBBERY Defined, punishment, etc. 810 ARNOLDSVILLE, CITY OF Incorporated 3248 ARRESTS Authority of peace officers 732 ARTESIAN WELLS Capping required, etc. 669 ASHBURN, CITY OF New charter 3135 ATHENS, CITY COURT OF Investigator 3934 ATKINSON COUNTY Clerk of superior court placed on salary 3613 Compensation of board of commissioners 2723 Sheriff's salary, etc. 3864 ATKINSON, MRS. MINNIE LEE Compensation for damages 4113 ATLANTA, CITY OF See also Tabular indexMunicipalitiesHome Rule Amendments. Charter amended 2065 Corporate limits 4152 Elections 2521 Land conveyance 1097 Municipal court judges 2851 ATLANTA-FULTON COUNTY COMPENSATION STUDY COMMITTEE Created 1110 ATLANTA JUDICIAL CIRCUIT Assistant district attorneys 150

Page 1197

ATTORNEY GENERAL Representation of State Authorities 484 ATTORNEYS AT LAW Admission of attorneys from other states 82 AUGUSTA, CITY OF Elections 3236 Joint board of tax assessors 2514 AUGUSTA JUDICIAL CIRCUIT Chief assistant district attorney 951 Payment for office supplies by Burke County 655 Senior judge's secretary 64 AUGUSTA, TRUSTEES OF MASONIC HALL Charter amended 3324 AUSTELL, CITY OF Corporate limits 2901 AUTHORITIES Development Authorities Law 137 AUTHORITIES, STATE See also named authority. Representation by Attorney General 484 AUTOPSIES Fees 38 AVONDALE, CITY OF Corporate limits 2437 B BAIL Cash bonds permitted 41 Release of persons without bond 72 Rights of juveniles 760

Page 1198

BAINBRIDGE, CITY COURT OF Name changed to Civil and Criminal Court of Decatur County 3625 BALDWIN COUNTY Expense allowance for district attorney 383 Lease of land to Board of Education 69 Salaries of county commissioners 3958 BALDWIN, ROBERT LEE Compensation for damages 4120 BANKS AND BANKING Banks eligible for appointment as state depositories 681 Charge backs 956 Conversion of regulated certificated banks into State chartered banks 964 Deposits to cover unpaid claims 978 Investments in small business investment companies 976 Limitations on loans 603 Reserves 126 Use of authorized but unissued stock 958 BANKS COUNTY Superior court court reporter 57 Superior court terms 47 , 877 BARROW COUNTY Act placing named officers on salaries amended 2881 Salary of clerk of county commissioners 2654 Superior court court reporter 57 Superior court terms 47 , 877 BARTON, CHARLES C. Exchange of land in Fulton County 1069 BARTOW COUNTY Clerical help for county commissioner 2757 Clerical help for tax commissioner 2759 Compensation of named officers 2753

Page 1199

BEN HILL COUNTY County depository 2720 Superior court court reporter 657 BIBB COUNTY Assistant district attorneys 419 Board of education and orphanage, members, employees 3999 Board of elections, referendum 3331 Compensation of county commissioners 2623 Land conveyance to Board of Education and Orphanage 620 Superior court judges compensation 10 Superior court judges' salaries 971 BILL JONES DODGE CITY, INC. Compensation for damages 4111 BILL OF RIGHTS FOR OLDER GEORGIANS A resolution 265 BIO-TECHNOLOGY Institute for research 987 BLACKSTOCK, J. L. Compensation for damages 4132 BLASTING Requirements, etc, near underground gas systems 50 BLECKLEY COUNTY Clerk of superior court placed on salary 3312 Compensation of ordinary and clerk 3296 Office of tax commissioner created 3304 Salaries of county commissioner and clerical assistant 3387 Sheriff's compensation 3389 Superior court court reporter 664 Tax collector placed on salary 3298 Tax receiver placed on salary 3301 BLIND CHILDREN Education 110 BLUE RIDGE JUDICIAL CIRCUIT Court reporters, office expense 482

Page 1200

BOILERS AND PRESSURE VESSELS Installation, etc. 546 BOND, JIMMY D. Compensation for damages 4106 BONDS County contractors 954 Investment of proceeds of bond sales 961 Posting of cash bonds 41 Release of persons charged with crime 72 Requirements in public lawsuits 815 Rights of juveniles 760 BOUNDARY, STATE Code 15-101 amended 678 Georgia-Florida 675 Georgia-South Carolina 677 BROOKS COUNTY Additional superior court judge 217 BRUNSWICK, CITY COURT OF Name changed to Civil and Criminal Court of Glynn County, etc. 3908 BRYAN COUNTY Deputy sheriffs, etc. 2406 BUFORD, CITY COURT OF Abolished 2819 BUFORD, CITY OF Charter amended 3967 BUILDING ADMINISTRATIVE BOARD Created, etc. 546 BUILDING AND LOAN ACT Amended, definitions 803 BUILDING AUTHORITY Security guards 233

Page 1201

BUILDING CODES State Building Administrative Board created, etc. 546 BURKE COUNTY Act placing sheriff on salary amended 2167 Chief assistant district attorney 951 Compensation of clerk of superior court 2158 Compensation of county commissioners 3631 Compensation of ordinary 2160 Senior superior court judge's secretary 64 Superior court office supplies 655 BUSINESS CORPORATION CODE Amended 152 BUTTS, BEN W. Compensation for damages 4117 BUTTS COUNTY Board of commissioners 2195 Board of education, referendum 2456 Costs in criminal cases 2664 Salary and secretary of district attorney 409 Tax receiver placed on salary 2661 C CAGLE, MRS. DORIS Compensation for damages 4141 CAIRO, CITY OF Charter amended 3745 CALHOUN, CITY OF Corporate limits 2997 CALHOUN ELKS HOME, INC. Lease of land authorized 209 CAMDEN COUNTY Office of tax commissioner created, referendum 3543

Page 1202

CANDLER COUNTY Clerk of board of commissioners 2233 Salary of ordinary 2235 CANTON, CITY OF Election of councilmen 2833 CAPITOL BUILDING AND GROUNDS Protection of 1060 CARRINGTON, MRS. HOLLIS Compensation for damages 4134 CARTERSVILLE, CITY OF New charter, referendum 2929 CASH BONDS Posting permitted 41 CATOOSA COUNTY Compensation of county commissioner, etc. 2193 Compensation of sheriff, etc. 2189 Superior court court reporter 207 CATOOSA COUNTY Superior court judge's supplement 418 Superior court terms 8 CAVE SPRING, CITY OF New charter 3872 CEMETERIES Registration and regulation 242 CENTRAL PRINTING AGENCY STUDY COMMITTEE Created 1106 CERTIFICATION OF WATER AND WASTEWATER TREATMENT PLANT OPERATORS ACT Enacted 272

Page 1203

CHARITABLE HOSPITALS Liability of trustees, etc, 709 CHARLTON COUNTY Board of education, referendum 2665 Education funds 622 School property tax digest 381 CHATHAM COUNTY HOSPITAL AUTHORITY Appointment of members 3603 CHATHAM COUNTY Civil service system Act amended 2985 Land conveyance authorized 1053 CHATTAHOOCHEE COUNTY Additional judge of superior court 850 Sheriff's salary 2268 CHATTAHOOCHEE JUDICIAL CIRCUIT Aditional judge 850 Assistant district attorney 99 CHATTOOGA COUNTY, CITY COURT OF Name changed to Civil and Criminal Court of Chattooga County 3273 CHATTOOGA COUNTY Clerical help for ordinary 3271 Salaries of clerk of commissioners and warden of public works camp 2691 Salary of deputy clerk of superior court 3275 Salary of deputy tax commissioner 3278 Superior court court reporter 207 Superior court judge's supplemental 418 Superior court terms 8 CHEROKEE COUNTY Board of education, referendum 2829 Compensation of county commissioner's clerk 2826 Salaries of named officers, etc. 2821 Superior court court reporters, office expenses 482

Page 1204

CHEROKEE JUDICIAL CIRCUIT Terms 559 CHILD LABOR Employment of fifteen year olds during June, July and August 674 CHITWOOD, JOE JACKSON Compensation for damages 4125 CIGARETTE ADVERTISING Opposition to ban on advertising expressed 1065 CIGARS AND CIGARETTES Taxation 710 CITIZEN BAND RADIO OPERATORS Motor vehicle license plates 734 CITY COURT OF ALBANY Judges pro hac vice 2923 CITY COURT OF ATHENS Investigator 3934 CITY COURT OF BAINBRIDGE Name changed to Civil and Criminal Court of Decatur County 3625 CITY COURT OF BRUNSWICK Name changed to Civil and Criminal Court of Glynn County etc. 3908 CITY COURT OF BUFORD Abolished 2819 CITY COURT OF CHATTOOGA COUNTY Name changed to Civil and Criminal Court of Chattooga County 3273

Page 1205

CITY COURT OF CLAXTON Compensation of solicitor 2243 Judge's salary 2246 CITY COURT OF DOUGLAS Name changed to State Court of Douglas County 3862 CITY COURT OF GRIFFIN Name charged to State Court of Spalding County, salaries 2876 CITY COURT OF HABERSHAM Name charged to Civil and Criminal Court of Habersham County 2093 Salaries of judge and solicitor 2076 CITY COURT OF OGLETHORPE Judge's salary 3112 Name changed to State Court of Macon County 3346 Solicitor's salary 3110 CITY COURT OF SOPERTON Name changed to State Court of Treutlen, etc. 2201 CITY COURT OF SYLVESTER Practice of law by judge 2170 CITY COURT OF WALKER COUNTY Name changed to Civil and Criminal Court of Walker County 2423 Salaries of judge and solicitor 2425 CITY COURT OF WAYNESBORO Court stenographer 2156 CITY COURTS Associate judges in certain counties (135,000-140,000) 2396 CIVIL AND CRIMINAL COURT OF CHATTOOGA COUNTY Name changed from City Court of Chattooga County 3273

Page 1206

CIVIL AND CRIMINAL COURT OF COBB COUNTY Court of record, costs, etc. 2460 Salaries of judges and clerk 3588 Solicitor, etc. 2420 CIVIL AND CRIMINAL COURT OF DECATUR COUNTY Name changed from City Court of Bainbridge 3625 CIVIL AND CRIMINAL COURT OF DEKALB COUNTY Salaries of judges and solicitor 2443 CIVIL AND CRIMINAL COURT OF GLYNN COUNTY Name changed from City Court of Brunswick, etc. 3908 CIVIL AND CRIMINAL COURT OF HABERSHAM COUNTY Name changed from City Court of Habersham 2093 CIVIL AND CRIMINAL COURT OF WALKER COUNTY Name changed from City Court of Walker County 2423 CIVIL AERONAUTICS BOARD Flight between Atlanta, Ga. and Hawaii urged 1109 CIVIL COURT OF FULTON COUNTY Judges' salaries 2413 CIVIL PRACTICE ACT Findings of fact and conclusions of law by Superior Court judges 645 Service of summons on married minors 487 Third party complaints 979 CLAIMS ADVISORY BOARD Reports by State agencies, etc. 824 CLARKE COUNTY Board of education, referendum 3028 Expenses of district attorney 16 Sheriff's allowance for feeding prisoners 2616 CLARKESVILLE, CITY OF Compensation of mayor and council 3410

Page 1207

CLAXTON, CITY COURT OF Compensation of solicitor 2243 Judge's salary 2246 CLAYTON, CITY OF See tabular indexmunicipalities, home rule amendments. CLAYTON COUNTY Board of commissioners, etc. 3096 Civil service system Act amended 3340 CLAYTON JUDICIAL CIRCUIT Judges' supplement 353 CLERKS OF COURTS See also particular court. Venue of actions on bonds 740 CLERKS OF SUPERIOR COURT RETIREMENT SYSTEM Amended 668 CLINCH COUNTY Deputy sheriffs 2216 Tax collector and tax receiver placed on salaries 2211 CLINICAL LABORATORIES Committee to study licensing 1088 COASTAL ISLANDS STUDY COMMITTEE Created 121 COBB COUNTY, CIVIL AND CRIMINAL COURT OF Court of record, costs, etc. 2460 Salaries of judges and clerk 3588 Solicitor, etc. 2420 COBB COUNTY Act placing named officers on salaries amended 3342 Authority to adopt ordinances, etc. 2486 Board of education, referendum 2475 Bond of clerk of superior court 3541 Civil service system Act amended 2228 Compensation of board of county commissioners 3280 Juvenile Court judge's salary 3560 Salaries of tax commissioner and chief clerk 3565

Page 1208

COBB JUDICIAL CIRCUIT Court reporters 414 Salaries, investigator, etc. 213 COCHRAN, PAUL Compensation for damages 4116 CODE REVISION COUNCIL Membership 635 COFFEE COUNTY Audits 3093 COHUTTA, CITY OF Incorporated, referendum 2529 COLLEGE PARK, CITY OF Judge pro tem of city court 3569 Planning and zoning 4142 COLQUITT, CITY OF Salaries of mayor and councilmen 2613 COLQUITT COUNTY Additional superior court judge 217 Board of education, referendum 2559 Moultrie-Colquitt County Airport Authority Act amended 3798 COLUMBIA COUNTY Act placing named official on salaries amended 2105 Chief assistant district attorney 951 Salary of chairman of county commissioners 2103 COLUMBUS, CITY OF See also tabular indexmunicipalities, home rule amendments. Corporate limits, referendum 3356 COMMERCE Taxation of foreign merchandise in transit 980 COMMISSIONER OF LABOR Installation of boilers and pressure vessels 546

Page 1209

COMPULSORY SCHOOL ATTENDANCE LAW Amended 682 CONSERVATION, STATE DIVISION OF Office to administer Federal funds 855 CONSTABLES Appointments, vacancies, etc. 351 Arrest powers, etc. 875 CONSTITUTION REVISION COMMISSION Created: etc. 1100 CONSUMER CREDIT CODE Study committee 630 CONTRACTORS Bonds of county contractors 954 CONTRACTS Contracts of certain disabled veterans 640 COOK COUNTY Act placing named officers on salaries amended 3402 Compensation of county commissioners 3408 Education funds 622 School property tax digest 381 Sheriff's compensation, etc. 3400 COOSA VALLEY AREA VOCATIONAL TECHNICAL SCHOOL SYSTEM Created 3710 CORDELE, CITY OF New charter, referendum 3806 CORDELE JUDICIAL CIRCUIT Court reporter's salary 657 CORDELE OFFICE BUILDING AUTHORITY ACT Amended 2926

Page 1210

CORONERS Compensation in certain counties, referendum (7,500-7,900) 3900 Compensation in certain counties (8,250-8,350) 3805 Compensation in certain counties (10,150-10,275) 878 CORPORATE LIMITS Procedure with approval of property owners 504 CORPORATIONS Corporation Code amended 152 Income tax 114 Railroad corporations, boards of directors, etc. 589 CORRECTIONS, STATE BOARD OF Confinement of prisoners 602 Court orders, prisoners as witnesses 607 Court orders, prisoners seeking trials 606 Released prisoners, etc. 600 Rules and regulations 598 COUNTIES Veterans preference in civil service programs 642 COUNTIES AND COUNTY MATTERS See also named counties Act regulating sale of alcoholic beverages amended 1140 Boards of county commissioners in certain counties (23,050-23,750) 3896 Bonds of contractors 954 Collection of certain taxes by State Revenue Commissioner 743 Compensation of elected officials in certain counties (120,000-140,000) 3899 Compensation of permanent employees in certain counties (120,000-140,000) 3897 Deposit of funds in certain counties (18,050-18,300) 3655 Expense allowances for county commissioners in certain counties (34,250-35,350) 3913 Funds for road purposes 845 Income tax information may be furnished to certain counties by State Revenue Commissioner (400,000 or more) 747 Payment of fines, etc. to county treasurers (500,000 or more) 3657

Page 1211

Pensions of policemen, firemen, etc. in certain counties (300,000 or more) 3652 Purchases by State Supervisor of purchases 940 Registration of mobile homes, etc. 847 Sale, etc. of alcoholic beverages in certain counties (14,486-14,540) 1146 Tax returns in certain counties (36,000-38,000) 738 Urban Redevelopment Law applicable to certain counties (40,000-42,000) 869 Urban Redevelopment Law applicable to certain counties (150,000-500,000) 807 COUNTY SUPERINTENDENTS OF SCHOOLS Vacancies 289 COUNTY SURVEYORS Method of filling vacancies 350 COURT REPORTERS See also named court. Additional court reporters etc. in certain counties (250,000-500,000) 876 COWETA COUNTY Act placing named officers on salaries amended 2844 Method of filling vacancies 3944 CRAWFORD COUNTY Assistant district attorneys 419 Ordinary placed on salary 2391 Salary of clerk of superior court 2389 Sheriff's compensation, etc. 2386 Superior court judges compensation 10 Superior court judges' salaries 971 CREDIT CARD ACT Enacted 87 CREDIT CARDS Crimes, etc. 128 CREW, ROGER Compensation for damages 4140

Page 1212

CRIMES Aircraft hijacking 741 Armed robbery 810 Compulsory school attendance law amended 682 Credit Cards 128 Distribution of harmful material to minors, etc. 222 CRIMINAL CODE OF GEORGIA Amended 857 CRIMINAL COURT OF FULTON COUNTY Assistant solicitors-general, salaries 2416 Compensation of judges and solicitor-general 2410 Superior court court reporter 657 CRIMINAL PROCEDURE Arrests for motor vehicle violations 759 Cash bonds permitted 41 Incarceration, etc. of juvenile misdemeanants and felons 996 Punishment for capital offenses 809 Release of persons charged with crime without bond 72 State Board of Pardons and Paroles, rules and regulations 948 Statewide Probation Act amended 945 CRISP COUNTY Salaries of named officers, etc. 2702 D DADE COUNTY Superior court court reporter 207 Superior court judge's supplement 418 Superior court terms 8 DALTON, CITY OF Corporate limits 2496 Employees' pension system Act amended 2126 Metropolitan government study commission 2479 DARIEN, CITY OF Mayor and councilmen 3372 DAWSON COUNTY Clerk of superior court and ordinary placed on salaries 2110 County commissioner's salary 2118

Page 1213

Salaries of sheriff and deputies 2113 Tax commissioner's salary 2116 DAWSON IMPLEMENT COMPANY Land conveyance authorized 211 DEAD ANIMAL DISPOSAL ACT Enacted 1018 DEAF CHILDREN Education 110 DECATUR COUNTY, CIVIL AND CRIMINAL COURT OF Named changed from City Court of Bainbridge 3625 DECATUR COUNTY Terms of superior court 662 DEKALB COUNTY, CIVIL AND CRIMINAL COURT OF Salaries of judges and solicitor 2443 DEKALB COUNTY, COLISEUM AUTHORITY Created, etc. 2567 DEKALB COUNTY COMPENSATION STUDY COMMITTEE Created 1126 DEKALB COUNTY HOSPITAL AUTHORITY Vacancies 3611 DEKALB COUNTY Exchange of easements 1122 Publications of quarterly audits 3795 Salary of district attorney, etc. 561 Stenographer for grand jury 3117 Terms of members of board of education 3586 Vacancies on board of county commissioners 3866 DEPOSITORIES, STATE Banks eligible for appointment 681 DEVELOPMENT AUTHORITIES LAW Enacted 137

Page 1214

DISABLED PERSONS Operation of vending stands 944 DISTRICT ATTORNEYS See also named court. Compensation of district attorneys in certain counties (135,000-140,000) 950 Definition, etc. 929 DODGE COUNTY Act placing sheriff and clerk of superior court on salaries amended 3282 Compensation, etc. of employees of tax commissioner 3287 Compensation of county commissioner and clerk 3290 Compensation of ordinary and clerk 3293 Superior court court reporter 664 DOGS Responsibility of owners, etc. 831 DOOLY COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY Powers, etc. 3317 DOOLY COUNTY Act placing sheriff on salary amended 2162 Superior court court reporter 657 DORAVILLE, CITY OF Corporate limits, referendum 2501 DOUGHERTY COUNTY Compensation of county commissioners 2797 Compensation of sheriff and clerk of superior court 2293 Land conveyance authorized 1095 Salary of tax commissioner 2296 Sanitary districts 2980 DOUGHERTY JUDICIAL CIRCUIT Judge's salary 36 DOUGLAS, CITY COURT OF Name changed to State Court of Douglas County 3862

Page 1215

DOUGLAS, CITY OF Audits 3090 DOWER May be barred 40 Right of dower abolished 123 DRIVER RESPONSIBILITY LAW Amended 819 DUBLIN, CITY OF Corporate limits, referendum 2270 Salaries of mayor and aldermen 2253 E EAST POINT, CITY OF Local advisory board 3860 ECHOLS COUNTY Additional superior court judge 217 Salaries of county commissioners and county attorney 3677 EDISON, CITY OF Terms of mayor and councilmen, etc. 2610 EDUCATION Attendance records of students, etc. 838 Audits of boards of education in certain counties (250,000-500,000) 3654 Compulsory school attendance law amended 682 Cost of educational television 248 County school superintendents 289 Deaf, mute and/or blind children 110 Distribution of funds under Minimum Foundation Program for Education Act to certain counties 622 Notices of decisions on appeals to State Board of Education 708 Preschool age handicapped children 613 Public School Employees Retirement System 998 School Funds 721 School lunch programs, etc. 811 Silent prayer or meditation in public classrooms 488 Vocational schools 1017

Page 1216

EFFINGHAM COUNTY County commissioners' compensation 2404 ELECTION LAWS STUDY COMMITTEE Created 278 ELECTIONS Challenge of absentee ballots, etc. 280 Georgia Election Code amended 285 , 329 Georgia Election Code amended, returns of primaries and elections 292 Georgia Election Code Chapter 13 amended 308 Georgia Municipal Election Code amended 282 , 285 , 355 ELLIJAY, CITY OF Corporate limits, referendum 2606 EMANUEL COUNTY Terms of members of board of commissioners 3124 EMERSON, CITY OF Corporate limits 2928 EMINENT DOMAIN Acquisition of highway rights-of-way before need 492 Highway Relocation Assistance Act 495 EMPLOYEES' RETIREMENT SYSTEM ACT Amended 1013 , 1015 Amended, members appointed to superior court judgeships or district attorney 829 EMPLOYMENT Fifteen year olds during June, July and August 674 EMPLOYMENT SECURITY LAW Amended 249 Expenditure of funds by Department of Labor 379 EQUINES Georgia Equine Act 1021

Page 1217

EVANS COUNTY Compensation of ordinary 2241 EXCHANGE OF LAND IN FULTON COUNTY 1069 F FAIRBURN, CITY OF Corporate limits, referendum 4098 Elections 3869 FALLOUT SHELTERS Design of public buildings 1120 FAMILY AND CHILDREN SERVICES, DEPARTMENT OF Acceptance and incarceration of misdemeanants and felons 996 Emergency medical care for children 939 Reimbursement of counties 938 FANNIN COUNTY Act placing sheriff on salary amended 2634 Board of county commissioners, referendum 2641 Office of tax commissioner created, referendum 2637 Superior court court reporters, office expenses 482 FAYETTE COUNTY Superior court court reporter 648 Superior court judge's secretary 497 FEDERAL PARKWAYS Rights of way, etc. 982 FIERI FACIAS Easements not divested 39 FIREWORKS Manufacture and sale 1144 FIRST NATIONAL BANK TRUST COMPANY IN MACON Air space conveyance from City of Macon 3708 FITZGERALD, CITY OF Charter amended 3785

Page 1218

FLAME OF FREEDOM American Legion Flame of Freedom 66 FLINT JUDICIAL CIRCUIT Salary and secretary of district attorney 409 Terms in Henry County 221 FLORIDA Boundary between Georgia and Florida 675 FLOYD COUNTY Merit system act 2505 Superior court Judge's supplement 108 FOREST PARK, CITY OF Corporate limits 3550 FORESTRY COMMISSION Land conveyance authorized 628 FORSYTH COUNTY Act placing named officers on salaries amended 2033 County commissioners and county attorney 2030 Superior court court reporters, office expenses 482 FORT OGLETHORPE, TOWN OF Mayor and councilmen 3209 FORT VALLEY, TOWN OF Business licenses 3581 Charter amended 3584 FRANCIS, MISS ELEANOR Compensation for damages 4131 FREEDOM'S FOUNDATION OF VALLEY FORGE Medal of Honor Monument 1112 FULTON COUNTY, CIVIL COURT OF Judges' salaries 2413

Page 1219

FULTON COUNTY CIVIL SERVICE BOARD Compensation of members 2435 FULTON COUNTY, CRIMINAL COURT OF Assistant solicitors-general, salaries 2416 Compensation of judges and solicitor-general 2410 Method of filling vacancies 3944 FULTON COUNTY Assistant district attorneys 150 Board of education employees pension Act amended 2848 Board of education pension system Act amended 2524 , 3942 Employees' pension Act amended 2408 Fire stations 2853 Issuance of bonds without a referendum, proposed amendment to the Constitution 1153 Uniform sewer installation installments 3956 FURCRON, DR. A. S. Honorary State Geologist, etc. 1135 G GAME AND FISH Employees placed under State Merit System, etc. 644 Fox hunting illegal in certain counties (19,000-19,500) (28,200-28,800) 3707 Game and Fish Commission Act amended 812 GARDEN CITY Corporate limits, etc., referendum 2584 GAS SYSTEMS Safety requirements, etc. 50 GENERAL APPROPRIATIONS ACT Amended (Department of Industry and Trade) 382 Enacted 880 GENERAL APPROPRIATIONS BILL Procedure for considering 680

Page 1220

GENERAL ASSEMBLY Code Revision Council 635 Effective dates of Acts and Resolutions 7 Fiscal notes for bills relating to pensions, etc. 570 Fiscal Officer 232 Parking spaces for members 1119 Procedure for consideration of General Appropriations Bill 680 GEORGIA AGRICULTURAL COMMODITIES PROMOTION ACT Enacted 763 GEORGIA ANATOMICAL GIFT ACT Enacted 59 GEORGIA AUTHORS' WEEK Designated 1113 GEORGIA BUILDING AUTHORITY Security guards 233 GEORGIA COASTAL ISLAND STUDY COMMITTEE Created 121 GEORGIA ELECTION CODE Amended 285 , 329 Amended, challenge of absentee ballots, etc. 280 Amended, returns of primaries and elections 292 Chapter 13 amended 308 GEORGIA EQUINE ACT Enacted 1021 GEORGIA GIFT TO MINORS ACT Amended 24 GEORGIA HEALTH CODE Amended 715 Amended, mentally ill Georgians 837 Amended, rabies control 834 Hospitalization of the mentally ill 505

Page 1221

GEORGIA HIGHER EDUCATION ASSISTANCE AUTHORITY Created, etc. 683 GEORGIA HIGHER EDUCATION ASSISTANCE COMMITTEE ACT Amended 707 GEORGIA HIGHER EDUCATION ASSISTANCE CORPORATION Act amended 237 Contracts 827 GEORGIA INSURANCE CODE See insurance GEORGIA MEAT INSPECTION ACT Enacted 1028 GEORGIA MILITARY FORCES REORGANIZATION ACT Amended 228 GEORGIA MUNICIPAL ELECTION CODE Amended 282 , 285 , 355 GEORGIA NATURAL AREAS COUNCIL ACT Amended 750 GEORGIA POST MORTEM EXAMINATION ACT Compensation of jurors 761 Fees 38 GEORGIA SCENIC RIVERS ACT OF 1969 Enacted 933 GEORGIA SCIENCE AND TECHNOLOGY COMMISSION Members, etc. 730 GEORGIA SECURITIES ACT Amended, exempt transactions 235 Variable annuity contracts 722 GEORGIA STATE BOARD OF NURSING HOMES ACT Amended 744

Page 1222

GEORGIA STATE SCHOLARSHIP COMMISSION Act amended 246 Use of property received from private sources 826 GEORGIA STATE WAR VETERANS HOME Admission and discharge of veterans 633 GIFTS TO MINORS Georgia Gift to Minors Act amended 24 GILES, M. A. Compensation for damages 4128 GILMER COUNTY Superior court court reporters, office expenses 482 GLASCOCK COUNTY Deputy sheriffs 2922 GLYNN COUNTY, CIVIL AND CRIMINAL COURT OF Name changed from City Court of Brunswick, etc. 3908 GLYNN COUNTY Chief jailer 3905 GORDON COUNTY County commissioner's salary, budgets, etc. 3658 Superior court terms 559 GOVERNOR'S MANSION ON THE PRADO Disposal authorized 1061 GRADY COUNTY Education funds 622 Feasibility study of Tired Creek area as site for State Park 623 School property tax digest 381 GRAY, CITY OF Corporate limits 2977 GREENE COUNTY Expense allowance for district attorney 383 Land conveyance authorized 1083

Page 1223

GRIFFIN, CITY COURT OF Name changed to State Court of Spalding County, salaries 2876 GRIFFIN, CITY OF See also tabular indexmunicipalities, home rule amendments. Corporate limits 3395 GRIFFIN JUDICIAL CIRCUIT Compensation of court reporter 648 Judge's secretary 497 GROUP LIFE INSURANCE Assignments of incidents of ownership 32 Dependent coverage 22 GROVELAND LAKE DEVELOPMENT AUTHORITY Created, etc. 572 GUARDIAN AND WARD Preference of spouse as guardian 943 GUYTON, CITY OF Mayor's qualifications, salaries 3953 GUYTON, TOWN OF Corporate limits, referendum 3964 GWINNETT COUNTY Audits 2793 Compensation of named officers 2712 Compensation of tax commissioner 2715 Merit system 3051 Sewer and water system 3040 GWINNETT JUDICIAL CIRCUIT Investigator 48 H HABERSHAM, CITY COURT OF Name changed to Civil and Criminal Court of Habersham County 2093 Salaries of judge an solicitor 2076

Page 1224

HABERSHAM COUNTY, CIVIL AND CRIMINAL COURT OF Name changed from City Court of Habersham 2093 HABERSHAM COUNTY HOSPITAL AUTHORITY Board of trustees 2097 HABERSHAM COUNTY Clerk of superior court placed on salary 2095 Compensation of board of commissioners 2079 Compensation of tax commissioner, etc. 2199 Election and compensation of board of county commissioners 2069 Fire protection districts 2208 Ordinary placed on salary 2099 HANCOCK COUNTY Expense allowance for district attorney 383 HANDICAPPED CHILDREN Education of preschool age handicapped children 613 HAPEVILLE, CITY OF Mayor's veto power 3115 HARALSON COUNTY Act placing sheriff and ordinary on salaries amended 2431 County commissioner's salary 2433 Treasurer's salary 2429 HARALSON, TOWN OF Charter amended 2631 HARRIS COUNTY Act placing sheriff on salary amended 3632 Additional judge of superior court 850 HART COUNTY Assistant to tax commissioner 2062 Deputy clerk of superior court, clerk of ordinary 2057 Deputy sheriffs 2060 HARTWELL, CITY OF Charter amended 3626

Page 1225

HATCHERIES Registration 856 HAWKINSVILLE, CITY OF Authority to sell described tract of land 3307 Charter amended 3802 Corporate limits, referendum 3915 HAZLEHURST, CITY OF Salaries of mayor and commissioners 2995 HEALTH CODE Amended 715 Amended, mentally ill Georgians 837 Amended, rabies control 834 Hospitalization of the mentally ill 505 HEARD COUNTY Clerical assistant for clerk of superior court 2125 Compensation of county commissioners 2120 Salaries of sheriff and deputies 2122 HELEN, CITY OF New charter 3978 HELENA, CITY OF Charter amended 3644 HELMER, PERCY Land conveyance authorized 1081 HENRY COUNTY Compensation of tax commissioner 2761 County commissioners' compensation 2451 Salaries of named officials 2446 Salary and secretary of district attorney 409 Superior court terms 221 Treasurer's salary 2449 HENRY GRADY HOTEL PROPERTY Lease accepted 432

Page 1226

HIGHER EDUCATION ASSISTANCE AUTHORITY Created, etc. 683 HIGHER EDUCATION ASSISTANCE COMMITTEE ACT Amended 707 HIGHER EDUCATION ASSISTANCE CORPORATION Act amended 237 Contracts 827 HIGHWAY LAWS INTERIM STUDY COMMITTEE Created 1063 HIGHWAY RELOCATION ASSISTANCE ACT Enacted 495 HIGHWAYS Acquisition of rights-of-way before need 492 Expansion of National System of Interstate and Defense Highways urged 1104 Funds to counties for road purposes 845 Maintenance of State aid roads in municipalities 842 Regulations regarding installation of utility equipment 930 Rights of way for Federal Parkways, etc. 982 Welcome centers 609 HISTORIC SITES Preservation, etc. 993 HODGES, T. L. Compensation for damages 4130 HOLIDAYS Time of observing 9 HOLLOMAN, VERNON F. Compensation for damages 4122 HOLY BIBLES AND TESTAMENTS Suspension of sales tax ratified 1089 HOMERVILLE, CITY OF Elections 2214

Page 1227

HORSES Georgia Equine Act 1021 HOSPITAL AUTHORITIES ACT Amended 103 , 805 HOSPITALIZATION OF MENTALLY ILL PERSONS Procedures, etc. 505 HOSPITALS Liability of trustees, etc. of certain non profit hospitals, etc. 709 Suspension of sales tax ratified 1091 HOUSE OF REPRESENTATIVES Procedure for considering General Appropriations Bill 680 HOUSTON COUNTY Superior court judges compensation 10 Superior court judges' salaries 971 HOUSTON COUNTY, STATE COURT OF Designated as constitutional special court 2620 HOUSTON JUDICIAL CIRCUIT Created 427 HUMAN BODIES Anatomical Gift Act enacted 59 HUSBAND AND WIFE Petitions for change of permanent alimony 98 Preference of spouse as guardian 943 Suretyship of wife 72 I INCOME TAX Compensation of armed forces personnel 638 Forms 744 Information from returns to certain counties (400,000 or more) 747 Late filing of returns, etc. 719 Members of armed forces in Vietnam combat 647

Page 1228

INDUSTRY AND TRADE, DEPARTMENT OF General Appropriations Act amended 382 INFANTS Contracts of certain disabled veterans 640 INNIS, C. O. Compensation for damages 4112 INSTITUTE FOR RESEARCH IN BIO-TECHNOLOGY Created, etc. 987 INSURANCE Borrowed surplus 490 Coverage under group life policies 430 Exemptions from license examinations 583 Group life insurance 22 , 32 Group life polices 612 Investments by insurers 23 Licensing of nonresident agents 489 Powers of Insurance Commissioner 585 Surplus insurance 609 Variable annuity contracts 722 INSURANCE PREMIUM FINANCE COMPANY ACT Enacted 561 INTEREST RATES Lender Credit Card Act 87 Loans of $100,000 or more 80 Real estate loans 33 INTERSTATE PURCHASE OF RIFLES AND SHOTGUNS Regulated 804 INVESTMENT OF STATE RETIREMENT SYSTEM FUNDS Real estate loans 1114 IRWIN COUNTY Board of county commissioners 3119

Page 1229

J JACKSON COUNTY Superior court court reporter 57 Superior court terms 47 , 877 JASPER COUNTY Compensation of county commissioners 2291 Expense allowance for district attorney 383 Sheriff's compensation, etc. 2289 JEFF DAVIS COUNTY Clerk of superior court and ordinary placed on salaries 3418 Compensation of county commissioners 2992 Sheriff's salary, etc. 3415 JEFFERSON, CITY OF Charter amended, referendum 2987 JEFFERSON COUNTY Compensation of county commissioners and clerk 3724 Deputy sheriffs, etc. 3722 JESUP, CITY OF City attorney 4155 JOHNSON COUNTY Board of county commissioners, vacancies, compensation 2602 JOHNSON, GEORGE H. Exchange of land in Fulton County 1069 JOHNSON, WILLIAM B. Compensation for damages 4107 JOINT CITY-COUNTY PLANNING COMMISSIONS Authority 735 JOINT HIGHWAY LAWS STUDY COMMITTEE Created 1063

Page 1230

JONES COUNTY Compensation and election of county commissioners 2153 Compensation of sheriff, etc. 2150 Expense allowance for district attorney 383 JONES SUPERIOR COURT Law books 4142 JUDGES AND SOLICITORS RETIREMENT FUND ACT Amended 929 JUSTICE, K. W. Compensation for damages 4121 JUVENILE COURTS Judges salaries in certain counties (49,000-49,500) 3904 Judges' salaries in certain counties (500,000 or more) 2419 Juveniles' right to bail 760 Study committee 1057 L LABOR Employment of fifteen year olds during June, July and August 674 LABOR, COMMISSIONER OF Installation of boilers and pressure vessels 546 LABOR DEPARTMENT Employment Security Law amended 249 Expenditure of funds under Employment Security Law 379 Supplemental appropriation 376 LaFAYETTE, CITY OF New charter 2298 LaGRANGE, CITY OF Corporate limits 2182 LAKE LANIER ISLANDS DEVELOPMENT AUTHORITY ACT Amended 397

Page 1231

LAKE LANIER ISLANDS DEVELOPMENT COMMISSION ACT Enacted 392 LAMAR COUNTY Compensation of clerk of superior court 2617 Salary and secretary of district attorney 409 Salary of chief deputy sheriff 3539 LANE, E. S. E. S. Lane Bridge designated 1080 LANIER COUNTY Clerk of superior court placed on salary 2717 Compensation of board of county commissioners 3617 Sheriff's salary, etc. 3616 LANIER, JOHN R. Compensation for damages 4138 LAURENS COUNTY Compensation of county commissioners 2274 Compensation of ordinary 2262 Salary of clerk of superior court 2255 Sheriff's salary 2257 Tax commissioner's salary 2259 Treasurer's salary 2250 LAURENS, STATE COURT OF Compensation of judge and solicitor 2248 LAW LIBRARIES Authorized in certain counties (7,375-7,750) 3947 Created in certain counties (20,000-20,500) 2019 LAWRENCEVILLE, CITY OF Corporate limits, referendum 3960 Elections 2799 LEE, CLYDE PERDIE Compensation for damages 4123 LEE COUNTY Expenses of sheriff's office 2394

Page 1232

LEGAL HOLIDAYS Time of observing 9 LEGISLATIVE SERVICE COMMITTEE Code Revision Council 635 LENDER CREDIT CARD ACT Enacted 87 LESLIE, TOWN OF Elections 2108 LEWIS, C. F. Compensation for damages 4109 LINCOLN COUNTY Expense allowance of district attorney 872 Salary of chairman of board of commissioners 3350 Sheriff's salary, etc. 3348 Treasurer, referendum 3352 LINCOLNTON AND LINCOLN COUNTY DEVELOPMENT AUTHORITY Members 2693 LITTLE, BUFORD Compensation for damages 4118 LIVESTOCK COMMISSION MERCHANTS Uniform Commercial Code amended 149 LOOKOUT MOUNTAIN JUDICIAL CIRCUIT Court reporter 207 Judge's supplement, repealed 418 Terms 8 LOUISVILLE, CITY OF Land conveyance 1058 LOWNDES COUNTY Additional superior court judge 217

Page 1233

LUDOWICI, CITY OF Charter amended 2144 LULA, CITY OF Salaries of officers and employees 2791 LUMPKIN COUNTY County commissioner's salary 3936 Sheriff's salary, etc. 3931 LYONS, CITY OF Corporate limits, referendum 3241 , 3244 Mc McCALL, JOHN M. Compensation for damages 4104 McGUIRE, MISS DORIS E. Compensation for damages 4129 McINTOSH COUNTY Ordinary placed on salary 3369 Salaries of county commissioners 3367 Salaries of tax commissioner's employees 3365 M MACON-BIBB COUNTY HOSPITAL AUTHORITY Easement for ingress and egress 1067 MACON, CITY OF Air space conveyance to First National Bank Trust Company in Macon 3708 Charter amended 2801 Corporate limits 2086 , 3036 Employees retirement system act amended 2082 MACON COUNTY, STATE COURT OF Name changed from City Court of Oglethorpe 3346 MACON JUDICIAL CIRCUIT Assistant district attorneys 419 Judges' compensation 10 Judges' salaries 971

Page 1234

MADISON AIRPORT AUTHORITY ACT Enacted 3729 MANSFIELD, TOWN OF Charter amended 2839 MARIETTA, CITY OF Ad valorem tax for public schools 3726 Bonds, proposed amendment to the Constitution 1150 Charter amended 2885 Pension plan for policemen and firemen 3101 MARION COUNTY Additional judge of superior court 850 MARRIAGE LICENSES Number of copies 959 MARRIED WOMEN Suretyship of wife 72 MASONIC HALL IN AUGUSTA Charter amended 3324 MATHIS, EDWIN Lease of land authorized 1077 MEAT INSPECTION ACT Enacted 1028 MEDICAL EXAMINERS BOARD Examinations and fees 718 MEDITATION Silent prayer or meditation in public school classrooms 488 MEIGS, TOWN OF Corporate limits, referendum 3562 MELTON, JAMES Resolution commemorating 1127

Page 1235

MENTALLY ILL PERSONS Hospitalization, etc. 505 Transfer of Georgia residents from out of State hospitals 837 MERIT SYSTEM OF PERSONNEL ADMINISTRATION Game and Fish Commission employees 644 Veterans preference 642 METTER, CITY OF Corporate limits, referendum 2230 MERIWETHER COUNTY Salaries of sheriff, clerk of superior court and ordinary 2225 Sale of property authorized 1129 MILITARY Georgia Military Forces Reorganization Act amended 228 MILNER, TOWN OF New charter as City of Milner 3475 MINIMUM FOUNDATION PROGRAM OF EDUCATION ACT Amended, school lunches 811 Amended, vocational schools 1017 Cost of educational television 248 MINORS Employment of fifteen year olds during June, July and August 674 Georgia Gift to Minors Act amended 24 Service of summons on married minors 487 MITCHELL COUNTY Compensation of county commissioners 3608 Office of treasurer abolished 3064 MOBILE HOMES Dealer license plates 135 Registration, etc. 847 MOHR, WILFRED J. Land conveyance authorized 263

Page 1236

MOINA MICHAEL HIGHWAY Designated 615 MONROE COUNTY Compensation of county commissioners 3629 Salary and secretary of district attorney 409 MONTEZUMA, CITY OF Elections 3104 MONTGOMERY COUNTY Superior court court reporter 664 MORGAN COUNTY Expense allowance for district attorney 383 MORGENTHALER, JAMES W. Compensation for damages 4108 MORRIS, MISS LINDA DEANNE Compensation for damages 4105 MOSS, E. M. Compensation for damages 4114 MOTORCYCLES Operation and safety equipment 732 MOTOR FUEL TAXATION Motor fuel tax law amended 486 MOTOR VEHICLE RACETRACKS Licensing, etc. 870 MOTOR VEHICLES Arrests for violation may be made by citation, etc. 759 Driver Responsibility Law amended 819 Inspections 271 License fees of motor vehicles operated over routes of fifty miles or less 981 License plates for operators of citizen band radios 734 Motorcycles, operation and safety equipment 732

Page 1237

Overheight vehicles 637 Registration by certificated or registered motor carriers 262 Registration, license plates, etc. 266 Suspension of operators' licenses 849 Temporary operators permits 991 MOTOR VEHICLE CERTIFICATE OF TITLE ACT Amended 92 MOULTRIE-COLQUITT COUNTY AIRPORT AUTHORITY ACT Amended 3798 MOUNTAIN VIEW, CITY OF Charter amended 3636 MOUNT VERNON, CITY OF Charter amended 2205 MUNICIPAL BONDS Retention of income tax exemptions urged 1115 MUNICIPAL COURT OF SAVANNAH Comprehensive Act 2857 MUNICIPAL ELECTION CODE Amended 282 , 285 , 355 MUNICIPALITIES Act regulating sale of alcoholic beverages amended 1140 Annexation with approval of property owners 504 Collection of certain taxes by State Revenue Commissioner 743 Firemen's pension system act amended as to certain municipalities (150,000 or more) 3393 Information from Revenue Commissioner to certain municipalities (400,000 or more) 1137 Maintenance of State aid roads 842 Pension system amended as to certain municipalities (150,000 or more) 2625 Policemens' pension system amended as to certain municipalities (150,000 or more) 3394 Purchases by State Supervisor of Purchases 940 Registration of mobile homes, etc. 847 Taxation of certain occupations and professions 426 Veterans preference in civil service programs 642

Page 1238

MURRAYVILLE, CITY OF Incorporated, referendum 2346 MUSCOGEE COUNTY Additional judge of superior court 850 Assistant district attorney 99 Charter commission 3571 Employees' pension fund Act amended 2073 Recorder's court, ordinances 2678 MUTE CHILDREN Education 110 N NATIONAL BICENTENNIAL CELEBRATION Georgia Commission created 1074 NATIONAL GUARD Georgia Military Forces Reorganization Act amended 228 NATURAL AREAS COUNCIL ACT Amended 750 NEWINGTON, TOWN OF New charter 2003 NEWNAN, CITY OF Charter amended, referendum 2784 NEWTON COUNTY Education funds 622 Salary of district attorney, etc. 561 School property tax digest 381 NORCROSS, CITY OF Charter amended 3048 NORTHERN JUDICIAL CIRCUIT Terms in Oglethorpe County 845 NORTH GEORGIA MOUNTAINS AUTHORITY ACT Amended 828

Page 1239

NURSING HOMES Georgia State Board of Nursing Homes Act amended 744 O OBSCENE MATERIALS Distribution to minors, etc. a crime 222 OCEAN SCIENCE CENTER OF THE ATLANTIC COMMISSION ACT Amended 754 OCONEE COUNTY Expenses of district attorney 16 Salary of chairman of county commissioners 2142 OCONEE JUDICIAL CIRCUIT Court reporter 664 OCMULGEE JUDICIAL CIRCUIT Expense allowance for district attorney 383 OGLETHORPE, CITY COURT OF Judge's salary 3112 Name changed to State Court of Macon County 3346 Solicitor's salary 3110 OGLETHORPE COUNTY Superior court terms 845 OLDER GEORGIANS Bill of rights, a resolution 265 ORDINARIES Copies of marriage licenses 959 Method of filling vacancies 290 Qualifications in certain counties (43,550-45,550) 3679 OVERHEIGHT MOTOR VEHICLES Permits 637 OXFORD, TOWN OF Mayor and councilmen 2835

Page 1240

P PALMETTO, CITY OF Recorder's court 2278 PARDONS AND PAROLES, STATE BOARD OF Rules and regulations 948 PARENTS AND CHILD Rights of adopted children, etc. 927 PARKS, STATE Feasibility study of Tired Creek area of Grady County 623 PAROLES State Board of Pardons and Paroles, rules and regulations 948 PARSON, TRAVIS Compensation for damages 4124 PAULDING COUNTY WATER AUTHORITY Bonds 2038 PEACH COUNTY Assistant district attorneys 419 Superior court judges compensation 10 Superior court judges' salaries 971 PEACH COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY Created 2695 PEACE OFFICERS Arrests for motor vehicle violations 759 Powers of arrest 732 PEACE OFFICERS ANNUITY AND BENEFIT FUND ACT Amended 74

Page 1241

PEARSON, CITY OF Industrial Authority Act 2905 PENSION BILLS Fiscal notes, etc. 570 PERMANENT ALIMONY Petition for change 98 PERRY, RICHARD FLOYD Compensation for damages 4115 PHARMACY, STATE BOARD OF Revocation of licenses 936 PICKENS COUNTY Deputy sheriffs 3682 School superintendent, referendum 3066 Superior court court reporters, office expenses 482 Utilities districts 3680 Water and sewer Act 2764 PIEDMONT JUDICIAL CIRCUIT Compensation of court reporter 57 Terms 47 PIKE COUNTY Superior court court reporter 648 Superior court judge's secretary 497 PLANNING COMMISSIONS Authority of joint city-county commissions 735 PLANTATION PIPE LINE COMPANY Easement of land in Fort Yargo State Park 618 PLUMBING CONTRACTORS State examining board Act amended 853 POLK COUNTY Meetings of county commissioners 3619 Sheriff's motor vehicles 3622 PORNOGRAPHIC MATERIALS Distribution to minors, etc. 222

Page 1242

PORTERDALE, TOWN OF Mayor and councilman 2841 Salaries of mayor and councilmen 2846 PORT WENTWORTH, CITY OF Authority to close and sell designated streets 2628 POST MORTEM EXAMINATION ACT Compensation of jurors 761 Fees 38 POWDER SPRINGS, CITY OF Charter amended 3554 Corporate limits 2982 PRACTICE AND PROCEDURE Actions by administrators and executors 762 Adoption of children 927 Appeals from tax assessments of arbitrators 942 Bonds in public lawsuit 815 Court orders, prisoners as witnesses 607 Court orders, prisoners seeking trials 606 Findings of fact, etc. by superior court judges 645 Hearings before Workmen's Compensation Board 205 Juveniles' right to bail 760 Liability of trustees, etc. of certain non profit hospitals, etc. 709 Petitions for change of permanent alimony 98 Posting of cash bonds 41 Punishment for capital offenses 809 Right of dower abolished 123 Service of summons on married minors 487 Third party complaints 979 Venue of action on bonds of court clerks, etc. 740 Workmen Compensation claims 671 PRAYER Silent prayer or meditation in public school classrooms 488 PRESSURE VESSELS Installation, etc. 546 PROBATION Statewide Probation Act amended 945

Page 1243

PROFESSIONS Municipal taxation 426 PROVIDENCE CANYON STUDY COMMITTEE Created 1107 PUBLIC BUILDINGS Design for use as fallout shelters 1120 PUBLIC LAWSUITS Requirements for bonds 815 PUBLIC LEGAL HOLIDAYS Time of observing 9 PUBLIC SAFETY, DEPARTMENT OF Driver Responsibility Law amended 819 Land in Baldwin County 628 Licensing of racetracks, etc. 870 Motorcycles, operation and safety equipment 732 Motor vehicle inspections 271 Salaries, etc. 147 Salary of deputy director 145 Suspension of motor vehicle operators' licenses 849 Temporary operators permits 991 PUBLIC SCHOOL EMPLOYEES RETIREMENT SYSTEM Enacted 998 PUBLIC SERVICE COMMISSION Registration of motor vehicles by certificated or registered motor carriers 262 PULASKI COUNTY Act placing ordinary on salary amended 3310 Superior court court reporter 664 PUTNAM COUNTY Act placing sheriff on salary amended, referendum 2670 Compensation, etc. of tax commissioner 3126 Expense allowance for district attorney 383 Salaries of county commissioners and clerk, referendum 3598 Salary of clerk of superior court, etc., referendum 3594 Salary of ordinary, referendum 3130

Page 1244

R RABUN C.A.T.V. Lease of land authorized 1116 RABUN COUNTY Board of commissioners 2397 Sheriff's salary, etc. 3975 RACETRACKS Licensing, etc. 870 RAILROAD CORPORATIONS Board of directors, etc. 589 RANDOLPH COUNTY Clerk of superior court's clerical assistants 2276 Salary, etc. of ordinary 2221 Sheriff's salary, etc. 2223 RANSOM FLORAL COMPANY Compensation for damages 4119 REAL ESTATE Interest on loans 33 REAL PROPERTY Easements not divested by sales under certain fieri facias 39 Tax on transfers, exemptions 109 RESOLUTIONS Effective dates of Resolutions of General Assembly 7 RETIREMENT BILLS Fiscal notes, etc. 570 REVENUE Appeals from assessments of arbitrators 942 Collection of certain county and municipal taxes by State Revenue Commissioner 743 Compensation of Armed Forces personnel subject to income tax 638 Dealer plates for mobile home transporters 135

Page 1245

Foreign merchandise in transit 980 Funds to counties for road purposes 845 Income tax forms 744 Income tax information to certain counties (400,000 or more) 747 Income tax, members of Armed Forces in Vietnam combat 647 Income tax on corporations 114 Information from State Revenue Commissioner to certain municipalities (400,000 or more) 1137 Late filing of income tax returns, etc. 719 License fees of motor vehicles operated over routes of fifty miles or less 981 Motor Vehicle Certificate of Title Act amended 92 Motor vehicle license plates for operators of citizen band radios 734 Return of property for ad valorem taxation 960 Taxation of cigars and cigarettes 710 Taxation on wines 111 Tax on transfer of real property 109 Tax returns in certain counties (36,000-38,000) 738 REVENUE BOND STUDY COMMITTEE Created 1121 RICHLAND, CITY OF Corporate limits 2266 RICHMOND COUNTY Board of education 3567 Chief assistant district attorney 951 Joint board of tax assessors 2514 Traffic ordinances 2657 RIDER, MRS. FRED Compensation for damages 4110 RIFLES Interstate purchase regulated 804 RINCON, TOWN OF Recorder's court 2042 ROBINSON, HERMAN Compensation for damages 4112

Page 1246

ROCKDALE COUNTY Act placing sheriff on salary amended 2179 Clerk of superior court placed on salary 2176 Compensation of county commissioners 2171 Ordinances 3639 Ordinary placed on salary 2173 Salary, etc. of tax commissioner 2219 Salary of district attorney, etc. 561 ROME, CITY OF Chiefs of police and fire departments 3715 Investment of retirement system funds 2658 ROME JUDICIAL CIRCUIT Judge's supplement 108 ROSSVILLE, CITY OF New charter, referendum 4014 ROYSTON, CITY OF City manager 2707 Recorder's court 3604 RUSSELL, SENATOR RICHARD B. Senator Richard B. Russell Scenic Highway designated 99 RUST, MRS. JESSIE L. Compensation for damages 4103 S SAINT MARYS, CITY OF Authority to close and abandon named streets, etc. 3661 SALES TAX See also Revenue Suspension of sales and use tax on certain tangible personal property ratified 1093 Suspension on sales of Holy Bibles and Testaments 1089 Suspension on sales to non-profit hospitals ratified 1091 SANDERS, IDUS EUGENE Compensation for damages 4129

Page 1247

SANDERSVILLE, CITY OF Charter amended, referendum 2467 SAPP, J. C. Compensation for damages 4127 SARDIS, CITY OF New charter 2727 SAVANNAH, CITY OF Corporate limits 2453 SAVANNAH, MUNICIPAL COURT OF Comprehensive Act 2857 SCENIC HIGHWAY U.S. Highway from Griffin to Georgia-Florida border 1073 SCENIC RIVERS ACT OF 1969 Enacted 933 SCHOLARSHIP COMMISSION, STATE Use of property received from private sources 826 SCHOLARSHIP STUDY COMMITTEE Created 632 SCHOOL FUNDS Separation of school funds from other funds 721 SCHOOL LUNCHES Expenditure of tax funds, etc. 811 SCHLEY COUNTY Act placing sheriff on salary amended 3107 SCIENCE AND TECHNOLOGY COMMISSION Members, etc. 730 SCOTT, TOWN OF New charter 3590 SCREVEN COUNTY Compensation of ordinary 2701

Page 1248

SECRETARY OF STATE Protection of Capitol grounds, etc. 1060 SECURITIES Exempt transactions under Georgia Securities Act 235 Variable annuity contracts 722 SEMINOLE COUNTY Education funds 622 School property tax digest 381 Sheriff's salary 2605 SEMINOLE COUNTY SMALL CLAIMS COURT Created, referendum 2590 SENOIA, CITY OF New charter 3751 SHERIFFS See also particular county. Compensation in certain counties (500,000 or more) 2247 Compensation of employees, etc. in certain counties (135,000-140,000) 3901 SHERIFFS' RETIREMENT FUND OF GEORGIA ACT Amended 586 SHOTGUNS Interstate purchase regulated 804 SILENT PRAYER Silent prayer or meditation in public school classrooms 488 SMALL CLAIMS COURTS See also particular county. Act creating in certain counties amended (9,997-10,140) 3800 SMITH, MRS. BETTY Compensation for damages 4133 SMITHVILLE, CITY OF Ad valorem taxation 2024

Page 1249

SMYRNA, CITY OF Corporate limits, etc. 3666 , 3856 SOLICITOR-GENERAL Means district attorney, etc. 929 SOPERTON, CITY COURT OF Name changed to State Court of Treutlen, etc. 2201 SOUTH CAROLINA Boundary between Georgia and South Carolina 677 SOUTH GEORGIA JUDICIAL CIRCUIT Terms in Decatur County 662 SOUTHERN JUDICIAL CIRCUIT Additional judge 217 SPALDING COUNTY Small claims court, referendum 3687 Superior court court reporter 648 Superor court judge's secretary 497 SPALDING COUNTY, STATE COURT OF Name changed from City Court of Griffin, salaries 2876 SPARTAN RADIOCASTING COMPANY Lease of land authorized 1116 STATE AID ROADS Maintenance in municipalities 842 STATE ARCHAEOLOGIST Office created, preservation of historic sites, etc. 993 STATE BOARD OF CORRECTIONS Court orders, prisoners as witnesses 607 Court orders, prisoners seeking trials 606 Confinement of prisoners 602 Released prisoners, etc. 600 Rules and regulations 598

Page 1250

STATE BOARD OF EDUCATION See also Education Notices of decisions on appeals 708 STATE BOARD OF EXAMINERS OF PLUMBING CONTRACTORS ACT Amended 853 STATE BOARD OF MEDICAL EXAMINERS Examinations and fees 718 STATE BOARD OF NURSING HOMES ACT Amended 744 STATE BOARD OF PHARMACY Revocation of licenses 936 STATE BUILDING ADMINISTRATIVE BOARD Created, etc. 546 STATE BOUNDARIES Code 15-101 amended 678 Georgia-Florida 675 Georgia-South Carolina 677 STATE COMMUNICATIONS COMMITTEE Created, etc. 616 STATE COURT OF DOUGLAS COUNTY Name changed from City Court of Douglas 3862 STATE COURT OF HOUSTON COUNTY Designated as constitutional special court 2620 STATE COURT OF LAURENS Compensation of judge and solicitor 2248 STATE COURT OF MACON COUNTY Name changed from City Court of Oglethorpe 3346 STATE COURT OF SPALDING COUNTY Name changed from City Court of Griffin, salaries 2876

Page 1251

STATE COURT OF TREUTLEN Name changed from City Court of Soperton, etc. 2201 STATE DEPARTMENT OF AIR TRANSPORTATION Members 673 STATE DEPARTMENT OF VETERANS SERVICE Purchase of ambulance 634 STATE DEPOSITORIES Banks eligible for appointment 681 STATE DIVISION OF CONSERVATION Office to administer Federal funds 855 STATE PARKS Feasibility study of Tired Creek area of Grady County 623 STATE RETIREMENT SYSTEMS FUNDS Investment of funds 1114 STATE SCHOLARSHIP COMMISSION Act amended 246 Use of property received from private sources 826 STATEWIDE PROBATION ACT Amended, rules and regulations 945 STATHAM, CITY OF Corporate powers 2240 Exchange of land authorized 2237 STATUTES Effective dates 7 Fiscal notes for Bills relating to pensions, etc. 570 STEPHENS COUNTY Meetings and salaries of county commissioners 2131 STEVENS, J. P. CO., INC. Land conveyance authorized 626

Page 1252

STEWART COUNTY Board of education, referendum 2264 STONE MOUNTAIN JUDICIAL CIRCUIT Salary of district attorney, etc. 561 SUMTER COUNTY Compensation of clerk of superior court, etc. 2527 SUPERIOR COURT CLERKS Retirement system Act amended 668 SUPERIOR COURTS See also Tabular IndexSuperior Courts . Deposits of funds in certain counties (250,000-500,000) 3653 Expenses in certain counties (13,275-13,600) 844 Judges' compensation 113 SUPERVISOR OF PURCHASES Purchases for subdivisions of State 940 Workmen's compensation self insurance program 234 SUPPLEMENTAL APPROPRIATIONS Amended 124 Department of Labor 376 Enacted 42 SURETYSHIP Suretyship of wife 72 SWAINSBORO, CITY OF Mayor's term of office 3122 SWEETWATER WILDERNESS SITE Acquisition urged 614 SYLVESTER, CITY COURT OF Practice of law by judge 2170

Page 1253

T TALBOT COUNTY Additional judge of superior court 850 TATE WATER AND SEWER ACT Enacted 3069 TATTNALL COUNTY Compensation of chairman of board of education 2135 Compensation of chairman of county commissioners 2137 Compensation of clerk of superior court and assistants 2139 Compensation of ordinary 2133 Compensation of sheriff, etc. 2147 TAXATION See also Revenue . Appeals from assessments of arbitrators 942 Cigars and cigarettes 710 Collection of certain county and municipal taxes by State Revenue Commissioner 743 Compensation of Armed Forces personnel 638 Easements over real property not divested, when 39 Foreign merchandise in transit 980 Income tax forms 744 Income tax information furnished to certain counties (400,000 or more) 747 Information from State Revenue Commissioner to certain municipalities (400,000 or more) 1137 Late filing of income tax returns, etc. 719 License fees of motor vehicles operated over routes of fifty miles or less 981 Members of Armed Forces in Vietnam combat 647 Motor fuel tax law amended 486 Municipal taxation of certain occupations and professions 426 Registration, license plates, etc. for motor vehicles 266 Return of property for ad valorem taxation 960 School property tax digest for certain counties 381 Tax returns in certain counties (36,000-38,000) 738 TAX COMMISSIONERS Powers in certain counties (11,750-12,000) 3406 TAYLOR COUNTY Additional judge of superior court 850 TEACHERS' RETIREMENT SYSTEMS ACT Amended 227 , 384 , 388 , 391 , 431 , 582 , 672

Page 1254

TELEVISION Cost of educational television 248 TELFAIR COUNTY Board of education members, referendum 3641 Clerk of superior court placed on salary 4144 County commissioner's salary 2975 Ordinary placed on salary 4148 Salary of tax commissioner 3087 Sheriff's salary 2973 Superior court court reporter 664 THOMAS COUNTY Additional superior court judge 217 THOMASTON, CITY OF Corporate limits 2649 THOMSON, CITY OF Sale and disposition of property 3684 TIFT COUNTY DEVELOPMENT AUTHORITY Bonds 2874 TIFT COUNTY Act placing sheriff on salary amended 3719 Salaries of chairman and vice chairman of board of commissioners 3470 Salary of ordinary 3718 TIFTON, CITY OF City manager's salary 3133 Corporate limits, referendum 2674 TIME Amendment to Uniform Time Act of 1966 urged 1056 TIRED CREEK Feasibility study as site for State park 623 TOBACCO Maximum rate of sales at warehouses 941

Page 1255

TOCCOA, CITY OF Ad valorem tax rate 841 TOOMBS COUNTY Employees of governing authority 3701 Salary of tax receiver, etc. 3705 TOOMBS JUDICIAL CIRCUIT District attorney 872 TORTS Actions by administrators and executors 762 Damage done by dogs, etc. 831 TRAILERS Registration of mobile homes, etc. 847 TREUTLEN, STATE COURT OF Name changed from City Court of Soperton, etc. 2201 TRIAL JUDGES AND SOLICITORS RETIREMENT FUND ACT Amended 929 TROTTER, TOM Compensation for damages 4126 TRUSTEES Investment of trust funds 963 Liability of trustees, etc., of certain non profit hospitals, etc. 709 TRUSTEES OF MASONIC HALL IN AUGUSTA Charter amended 3324 TURNER COUNTY Compensation of board of commissioners 3412 Sheriff's expenses 3468 TWIGGS COUNTY Act placing sheriff on salary amended 2782 Compensation of county commissioners 2286

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U UNADILLA, CITY OF Corporate limits 2090 UNDERGROUND GAS SYSTEMS Safety requirements, etc. 50 UNIFORM ACT REGULATING TRAFFIC ON HIGHWAYS Amended, motor vehicle inspections 271 UNIFORM COMMERCIAL CODE Charge backs by banks 956 Livestock commission merchants 149 UNIFORM CONSUMER CREDIT CODE Study committee 630 UNIFORM TIME ACT Amendment by Congress urged 1056 UNION CITY, CITY OF Charter amended 3939 UNIVERSITY SYSTEM OF GEORGIA Land conveyance authorized 3 UPSON COUNTY Superior court court reporter 648 Superior court judge's secretary 497 URBAN REDEVELOPMENT LAW Applicable to certain counties (40,000-42,000) 869 Applicable to certain counties (150,000-500,000) 807 USURY Interest rates on loans of $100,000 or more 80 Interest rates on real estate loans 33 Lender Credit Card Act 87 UTILITIES Regulation of installations on highway right of ways, etc. 930

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V VALDOSTA, CITY OF Corporate limits 3212 VARIABLE ANNUITY CONTRACTS Insurance Code amended 723 Securities Act amended 722 VENDING STANDS Act providing for operation by disabled persons amended 944 VERNONBURG, TOWN OF Corporate limits 2164 VETERANS Admission, etc. of veterans to War Veterans Home 633 Contracts of certain disabled veterans 640 Preference in civil service program 642 Purchase of ambulance by State Department of Veterans Service 634 W WALKER COUNTY, CITY COURT OF Name changed to Civil and Criminal Court of Walker County 2423 Salaries of judge and solicitor 2425 WALKER COUNTY, CIVIL AND CRIMINAL COURT OF Name changed from City Court of Walker County 2423 WALKER COUNTY Automobile for use of county commissioner 2782 Superior court court reporter 207 Superior court judge's supplement 418 Superior court terms 8 Supplies for sheriff's office 3239 WALL, DONALD L. Compensation for damages 4136 WALNUT GROVE, TOWN OF New charter 3422

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WALTON COUNTY Board of commissioners 2051 Board of education 2054 Clerk of superior court and ordinary 2045 Expenses of district attorney 16 Sheriff's salary, etc. 2027 Tax commissioner 2048 WARNER ROBINS, CITY OF Charter amended 3927 Corporate limits, referendum 3920 Form of government, referendum 3647 WARREN COUNTY Small Claims Court 2911 WAR VETERANS HOME Admission and discharge of veterans 633 WASHINGTON COUNTY Commissioners' expense allowances 2473 WASTEWATER PLANT OPERATORS Licensing, etc. 272 WATER PLANT OPERATORS Licensing, etc. 272 WAYNE COUNTY Education funds 622 Hospital authority members 2725 School property tax digest 381 WAYNESBORO, CITY COURT OF Court stenographers 2156 WELCOME, CENTERS Authorized, etc. 610 WELLS, ARTESIAN Capping required, etc. 669

Page 1259

WESTERN JUDICIAL CIRCUIT Expenses of district attorney 16 WHEELER COUNTY Superior court court reporter 664 WHITE COUNTY Ordinary placed on salary 3972 WHITFIELD COUNTY County employees 3398 Land abandoned for park purposes 1085 Metropolitan government study commission 2479 Utility districts 2484 WILCOX COUNTY Sheriff's expense allowance 3321 Superior court court reporter 657 WILKES COUNTY Expense allowance of district attorney 872 Salary of clerk of superior court 3970 Small claims court 4003 WILKINSON COUNTY Expense allowance for district attorney 383 Terms of county commissioners 3315 WILLIAMS, PAUL Compensation for damages 4139 WILLS AND ADMINISTRATION OF ESTATES Administrator de bonis non with will annexed 1139 Adopted children 927 Dower rights 40 Right of dower abolished 123 Tort actions by administrators and executors 762 WINES Taxation 111

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WORKMEN'S COMPENSATION Hearings 205 Liability of principals, intermediates, and sub-contractors 671 Self insurance program covering State employees 234 Z ZONING Joint city-county planning commissions 735

Page 1261

POPULATION OF GEORGIA COUNTIES County 1960 1950 1940 1930 1920 Appling 13,246 14,003 14,497 13,314 10,594 Atkinson 6,188 7,362 7,093 6,894 7,656 Bacon 8,359 8,940 8,096 7,055 6,460 Baker 4,543 5,952 7,344 7,818 8,298 Baldwin 34,064 29,706 24,190 22,878 19,791 Banks 6,497 6,935 8,733 9,703 11,814 Barrow 14,485 13,115 13,064 12,401 13,188 Bartow 28,267 27,370 25,283 25,364 24,527 Ben Hill 13,633 14,879 14,523 13,047 14,599 Berrien 12,038 13,966 15,370 14,646 15,573 Bibb 141,249 114,079 83,783 77,042 71,304 Bleckley 9,642 9,218 9,655 9,133 10,532 Brantley 5,891 6,387 6,871 6,895 Brooks 15,292 18,169 20,497 21,330 24,538 Bryan 6,226 5,965 6,288 5,952 6,343 Bulloch 24,263 24,740 26,010 26,509 26,133 Burke 20,596 23,458 26,520 29,224 30,836 Butts 8,976 9,079 9,182 9,345 12,327 Calhoun 7,341 8,578 10,438 10,576 10,225 Camden 9,975 7,322 5,910 6,338 6,969 Campbell 9,903 11,709 Candler 6,672 8,063 9,103 8,991 9,228 Carroll 36,451 34,112 34,156 34,272 34,752 Catoosa 21,101 15,146 12,199 9,421 6,677 Charlton 5,313 4,821 5,256 4,381 4,536 Chatham 188,299 151,481 117,970 105,431 100,032 Chattahoochee 13,011 12,149 15,138 8,894 5,266 Chattooga 19,954 21,197 18,532 15,407 14,312 Cherokee 23,001 20,750 20,126 20,003 18,569 Clarke 45,363 36,550 28,398 25,613 26,111 Clay 4,551 5,844 7,064 6,943 5,557 Clayton 46,365 22,872 11,655 10,260 11,159 Clinch 6,545 6,007 6,437 7,015 7,984 Cobb 114,174 61,830 38,272 35,408 30,437 Coffee 21,953 23,961 21,541 19,739 18,653 Colquitt 34,048 33,999 33,012 30,622 29,332 Columbia 13,423 9,525 9,433 8,793 11,718 Cook 11,822 12,201 11,919 11,311 11,180 Coweta 28,893 27,786 26,972 25,127 29,047 Crawford 5,816 6,080 7,128 7,020 8,893 Crisp 17,768 17,663 17,540 17,343 18,914 Dade 8,666 7,364 5,894 4,146 3,918 Dawson 3,590 3,712 4,479 3,502 4,204 Decatur 25,203 23,620 22,234 23,622 31,785 DeKalb 256,782 136,395 86,942 70,278 44,051 Dodge 16,483 17,865 21,022 21,599 22,540 Dooly 11,474 14,159 16,886 18,025 20,522 Dougherty 75,680 43,617 28,565 22,306 20,063 Douglas 16,741 12,173 10,053 9,461 10,477 Early 13,151 17,413 18,679 18,273 18,983 Echols 1,876 2,494 2,964 2,744 3,313 Effingham 10,144 9,133 9,646 10,164 9,985 Elbert 17,835 18,585 19,618 18,485 23,905 Emanuel 17,815 19,789 23,517 24,101 25,862 Evans 6,952 6,653 7,401 7,102 6,594 Fannin 13,620 15,192 14,752 12,969 12,103 Fayette 8,199 7,978 8,170 8,665 11,396 Floyd 69,130 62,899 56,141 48,677 39,841 Forsyth 12,170 11,005 11,322 10,624 11,755 Franklin 13,274 14,446 15,612 15,902 19,957 Fulton 556,326 473,572 392,886 318,587 232,606 Gilmer 8,922 9,963 9,001 7,344 8,406 Glascock 2,672 3,579 4,547 4,388 4,192 Glynn 41,954 29,046 21,920 19,400 19,370 Gordon 19,228 18,922 18,445 16,846 17,736 Grady 18,015 18,928 19,654 19,200 20,306 Greene 11,193 12,843 13,709 12,616 18,972 Gwinnett 43,541 32,320 29,087 27,853 30,327 Habersham 18,116 16,553 14,771 12,748 10,730 Hall 49,739 40,113 34,822 30,313 26,822 Hancock 9,979 11,052 12,764 13,070 18,357 Haralson 14,543 14,663 14,377 13,263 14,440 Harris 11,167 11,265 11,428 11,140 15,775 Hart 15,229 14,495 15,512 15,174 17,944 Heard 5,333 6,975 8,610 9,102 11,126 Henry 17,619 15,857 15,119 15,924 20,420 Houston 39,154 20,964 11,303 11,280 21,964 Irwin 9,211 11,973 12,936 12,199 12,670 Jackson 18,499 18,997 20,089 21,609 24,654 Jasper 6,135 7,473 8,772 8,594 16,362 Jeff Davis 8,914 9,299 8,841 8,118 7,322 Jefferson 17,468 18,855 20,040 20,727 22,602 Jenkins 9,148 10,264 11,843 12,908 14,328 Johnson 8,048 9,893 12,953 12,681 13,546 Jones 8,468 7,538 8,331 8,992 13,269 Lamar 10,240 10,242 10,091 9,745 Lanier 5,097 5,151 5,632 5,190 Laurens 32,313 33,123 33,606 32,693 39,605 Lee 6,204 6,674 7,837 8,328 10,904 Liberty 14,487 8,444 8,595 8,153 12,707 Lincoln 5,906 6,462 7,042 7,847 9,739 Long 3,874 3,598 4,086 4,180 Lowndes 49,270 35,211 31,860 29,994 26,521 Lumpkin 7,241 6,574 6,223 4,927 5,240 McDuffie 12,627 11,443 10,878 9,014 11,509 McIntosh 6,364 6,008 5,292 5,763 5,119 Macon 13,170 14,213 15,947 16,643 17,667 Madison 11,246 12,238 13,431 14,921 18,803 Marion 5,477 6,521 6,954 6,968 7,604 Meriwether 19,756 21,055 22,055 22,437 26,168 Miller 6,908 9,023 9,998 9,076 9,565 Milton 6,730 6,885 Mitchell 19,652 22,528 23,261 23,620 25,588 Monroe 10,495 10,523 10,749 11,606 20,138 Montgomery 6,284 7,901 9,668 10,020 9,167 Morgan 10,280 11,899 12,713 12,488 20,143 Murray 10,447 10,676 11,137 9,215 9,490 Muscogee 158,623 118,028 75,494 57,558 44,195 Newton 20,999 20,185 18,576 17,290 21,680 Oconee 6,304 7,009 7,576 8,082 11,067 Oglethorpe 7,926 9,958 12,430 12,927 20,287 Paulding 13,101 11,752 12,832 12,327 14,025 Peach 13,846 11,705 10,378 10,268 Pickens 8,903 8,855 9,136 9,687 8,222 Pierce 9,678 11,112 11,800 12,522 11,934 Pike 7,138 8,459 10,375 10,853 21,212 Polk 28,015 30,976 28,467 25,141 20,357 Pulaski 8,204 8,808 9,829 9,005 11,587 Putnam 7,798 7,731 8,514 8,367 15,151 Quitman 2,432 3,015 3,435 3,820 3,417 Rabun 7,456 7,424 7,821 6,331 5,746 Randolph 11,078 13,804 16,609 17,174 16,721 Richmond 135,601 108,876 81,863 72,990 63,692 Rockdale 10,572 8,464 7,724 7,247 9,521 Schley 3,256 4,036 5,033 5,347 5,243 Screven 14,919 18,000 20,353 20,503 23,552 Seminole 6,802 7,904 8,492 7,389 Spalding 35,404 31,045 28,427 23,495 21,908 Stephens 18,391 16,647 12,972 11,740 11,215 Stewart 7,371 9,194 10,603 11,114 12,089 Sumter 24,652 24,208 24,502 26,800 29,640 Talbot 7,127 7,687 8,141 8,458 11,158 Taliaferro 3,370 4,515 6,278 6,172 8,841 Tattnall 15,837 15,939 16,243 15,411 14,502 Taylor 8,311 9,113 10,768 10,617 11,473 Telfair 11,715 13,221 15,145 14,997 15,291 Terrell 12,742 14,314 16,675 18,290 19,601 Thomas 34,319 33,932 31,289 32,612 33,044 Tift 23,487 22,645 18,599 16,068 14,493 Toombs 16,837 17,382 16,952 17,165 13,897 Towns 4,538 4,803 4,925 4,346 3,937 Treutlen 5,874 6,522 7,632 7,488 7,664 Troup 47,189 49,841 43,879 36,752 36,097 Turner 8,439 10,479 10,846 11,196 12,466 Twiggs 7,935 8,308 9,117 8,372 10,407 Union 6,510 7,318 7,680 6,340 6,455 Upson 23,800 25,078 25,064 19,509 14,786 Walker 45,264 38,198 31,024 26,206 23,370 Walton 20,481 20,230 20,777 21,118 24,216 Ware 34,219 30,289 27,929 26,558 28,361 Warren 7,360 8,779 10,236 11,181 11,828 Washington 18,903 21,012 24,230 25,030 28,147 Wayne 17,921 14,248 13,122 12,647 14,381 Webster 3,247 4,081 4,726 5,032 5,342 Wheeler 5,342 6,712 8,536 9,149 9,817 White 6,935 5,951 6,417 6,056 6,105 Whitfield 42,109 34,432 26,105 20,808 16,897 Wilcox 7,905 10,167 12,755 13,439 15,511 Wilkes 10,961 12,388 15,084 15,944 24,210 Wilkinson 9,250 9,781 11,025 10,844 11,376 Worth 16,682 19,357 21,374 21,094 23,863 Total 3,943,116 3,444,578 3,123,723 2,908,506 2,895,832

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POPULATION NUMERICALLY LISTED ACCORDING TO 1960 CENSUS County Population Echols 1,876 Quitman 2,432 Glascock 2,672 Webster 3,247 Schley 3,256 Taliaferro 3,370 Dawson 3,590 Long 3,874 Towns 4,538 Baker 4,543 Clay 4,551 Lanier 5,097 Charlton 5,313 Heard 5,333 Wheeler 5,342 Marion 5,477 Crawford 5,816 Treutlen 5,874 Brantley 5,891 Lincoln 5,906 Jasper 6,135 Atkinson 6,188 Lee 6,204 Bryan 6,226 Montgomery 6,284 Oconee 6,304 McIntosh 6,364 Banks 6,497 Union 6,510 Clinch 6,545 Candler 6,672 Seminole 6,802 Miller 6,908 White 6,935 Evans 6,952 Talbot 7,127 Pike 7,138 Lumpkin 7,241 Calhoun 7,341 Warren 7,360 Stewart 7,371 Rabun 7,456 Putnam 7,798 Wilcox 7,905 Oglethorpe 7,926 Twiggs 7,935 Johnson 8,048 Fayette 8,199 Pulaski 8,204 Taylor 8,311 Bacon 8,359 Turner 8,439 Jones 8,468 Dade 8,666 Pickens 8,903 Jeff Davis 8,914 Gilmer 8,922 Butts 8,976 Jenkins 9,148 Irwin 9,211 Wilkinson 9,250 Bleckley 9,642 Pierce 9,678 Camden 9,975 Hancock 9,979 Effingham 10,144 Lamar 10,240 Morgan 10,280 Murray 10,447 Monroe 10,495 Rockdale 10,572 Wilkes 10,961 Randolph 11,078 Harris 11,167 Greene 11,193 Madison 11,246 Dooly 11,474 Telfair 11,715 Cook 11,822 Berrien 12,038 Forsyth 12,170 McDuffie 12,627 Terrell 12,742 Chattahoochee 13,011 Paulding 13,101 Early 13,151 Macon 13,170 Appling 13,246 Franklin 13,274 Columbia 13,423 Fannin 13,620 Ben Hill 13,633 Peach 13,846 Barrow 14,485 Liberty 14,487 Haralson 14,543 Screven 14,919 Hart 15,229 Brooks 15,292 Tattnall 15,827 Dodge 16,483 Worth 16,682 Douglas 16,741 Toombs 16,837 Jefferson 17,468 Henry 17,619 Crisp 17,768 Emanuel 17,815 Elbert 17,835 Wayne 17,921 Grady 18,015 Habersham 18,116 Stephens 18,391 Jackson 18,499 Washington 18,903 Gordon 19,228 Mitchell 19,652 Meriwether 19,756 Chattooga 19,954 Walton 20,481 Burke 20,596 Newton 20,999 Catoosa 21,101 Coffee 21,953 Cherokee 23,001 Tift 23,487 Upson 23,800 Bulloch 24,263 Sumter 24,652 Decatur 25,203 Polk 28,015 Bartow 28,267 Coweta 28,893 Laurens 32,313 Colquitt 34,048 Baldwin 34,064 Ware 34,219 Thomas 34,319 Spalding 35,404 Carroll 36,451 Houston 39,154 Glynn 41,954 Whitfield 42,109 Gwinnett 43,541 Walker 45,264 Clarke 45,363 Clayton 46,365 Troup 47,189 Lowndes 49,270 Hall 49,739 Floyd 69,130 Dougherty 75,680 Cobb 114,174 Richmond 135,601 Bibb 141,249 Muscogee 158,623 Chatham 188,299 DeKalb 256,782 Fulton 556,326

Page 1266

GEORGIA STATE SENATE COUNTY Senatorial District Appling 6 Atkinson 7 Bacon 6 Baker 11 Baldwin 25 Banks 47 Barrow 48 Bartow 51 Ben Hill 13 Berrien 8 Bibb 26-27 Bleckley 19 Brantley 6 Brooks 9 Bryan 3 Bulloch 4 Burke 21 Butts 28 Calhoun 11 Camden 6 Candler 4 Carroll 30 Catoosa 54 Charlton 6 Chatham 1-3 Chattahoochee 14 Chattooga 53 Cherokee 51 Clarke 46 Clay 11 Clayton 44 Clinch 7 Cobb 32-33 Coffee 7 Colquitt 9 Columbia 24 Cook 8 Coweta 30 Crawford 18 Crisp 13 Dade 53 Dawson 49 Decatur 11 DeKalb 41-43,55 Dodge 19 Dooly 19 Dougherty 12 Douglas 31 Early 11 Echols 7 Effingham 3 Elbert 47 Emanuel 21 Evans 4 Fannin 50 Fayette 30 Floyd 52 Forsyth 49 Franklin 47 Fulton 34-40,56 Gilmer 50 Glascock 24 Glynn 5 Gordon 51 Grady 10 Greene 24 Gwinnett 48 Habersham 50 Hall 49 Hancock 25 Haralson 31 Harris 17 Hart 47 Heard 29 Henry 44 Houston 18 Irwin 13 Jackson 48 Jasper 45 Jeff Davis 19 Jefferson 21 Jenkins 21 Johnson 20 Jones 26 Lamar 28 Lanier 8 Laurens 20 Lee 13 Liberty 5 Lincoln 24 Long 5 Lowndes 8 Lumpkin 49 Macon 17 Madison 46 Marion 17 McDuffie 24 McIntosh 5 Meriwether 29 Miller 11 Mitchell 10 Monroe 28 Montgomery 20 Morgan 45 Murray 54 Muscogee 15-16 Newton 45 Oconee 46 Oglethorpe 46 Paulding 31 Peach 18 Pickens 50 Pierce 6 Pike 28 Polk 31 Pulaski 19 Putnam 45 Quitman 11 Rabun 50 Randolph 14 Richmond 22-23 Rockdale 45 Schley 17 Screven 4 Seminole 11 Spalding 28 Stephens 47 Stewart 14 Sumter 14 Talbot 17 Taliaferro 24 Tattnall 4 Taylor 17 Telfair 19 Terrell 14 Thomas 10 Tift 9 Toombs 20 Towns 50 Treutlen 20 Troup 29 Turner 13 Twiggs 18 Union 50 Upson 17 Walker 53 Walton 45 Ware 7 Warren 24 Washington 25 Wayne 6 Webster 14 Wheeler 20 White 50 Whitfield 54 Wilcox 19 Wilkes 24 Wilkinson 25 Worth 13

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SENATORS OF GEORGIA ALPHABETICALLY ARRANGED ACCORDING TO NAMES, WITH DISTRICTS AND POST OFFICES FOR THE TERM 1969-1970 Name District Post Office Abney, Billy Shaw 53rd P.O. Box 607 LaFayette 30728 Adams, Billy 26th P.O. Box 462, Macon 31202 Adams, Ronald F. 5th P.O. Box 857 Brunswick 31520 Andrews, Robert E. (Bob) 49th P.O. Box 310 Gainesville 30501 Bateman, Oliver C. 27th 247 Candler Dr. Macon 31204 Broun, Paul C. 46th 520 W. Cloverhurst St. Athens 30601 Brown, M. Parks 47 P.O. Box 37 Hartwell 30643 Carter, Hugh A. 14th P.O. Box 97 Plains 31780 Chapman, Cyrus M. (Cy) 32nd 2871 Stone Creek Rd., S.E. Smyrna 30080 Coggin, Frank E. 35th 201 Victoria Lane Hapeville 30354 Cox, Jay Carroll 21st P.O. Box 37 Twin City 30471 Dean, Roscoe Emory, Jr. 6th 612 Cherry Street Jesup 31545 Doss, Sam W., Jr. 52nd P.O. Box 431 Rome 30161 Eldridge, Frank, Jr. 7th P.O. Box 1141 Waycross 31501 Fincher, Jack C., Sr. 51st P.O. Box 512 Canton 30114 Fincher, W. W. (Bill), Jr. 54th P.O. Box 149 Chatsworth 30705 Garrard, Ed 37th 956 Plymouth Road, N.E. Atlanta 30306 Gillis, Hugh 20th Route 3 Soperton 30457 Hardy, Jack 56th 1750 Peachtree Road, N.E. Atlanta 30309 Hensley, Sam P. 33rd Route 4 Marietta 30060 Hill, Render 29th Greenville 30222 Holley, R. Eugene 22nd Commerce Bldg., Augusta 30902 Holloway, A. W. Al 12th P.O. Box 588 Albany 31702 Hudgins, Floyd 15th 3034 Emory St. Columbus 31903 Jackson, Harry C. 16th P.O. Box 2547 Columbus 31902 Johnson, Leroy 38th 1014 Gordon St., S.W. Atlanta 30310 Kennedy, Joseph E. 4th Box 246, Claxton 30417 Kidd, Culver 25th P.O. Box 370 Milledgeville 31061 London, Maylon K. 50th Box 325 Cleveland 30528 MacIntyre, Dan I., III 40th 363 Valley Green Drive, N.E. Atlanta 30305 McGill, Sam P. 24th Tignall Road Washington 30673 Miller, Frank G. 43rd 3361 Rainbow Dr. Decatur 30032 Noble, Roy V. 19th R.F.D. 3 Vienna 31092 Padgett, M. J. (Mike) 23rd Route 2 McBean 30908 Pennington, Brooks 45th Crawford St., P.O. Box 290 Madison 30650 Plunkett, Lamar R. 30th 50 Morris St. Bowdon 30108 Reeder, Ed 55th 1583 W. Austin Road Decatur 30032 Reynolds, Steve 48th P. O. Box 303 Lawrenceville 30245 Riley, John R. 1st P. O. Box 9641 Savannah 31402 Rowan, Robert A. (Bobby) 8th Route 1 Enigma 31749 Scott, Turner R. 17th P. O. Box 348 Thomaston 30286 Searcey, William A. 2nd 2417 Colonial Dr. Savannah 31406 Smalley, Robert H., Jr. 28th P. O. Box 116 Griffin 30223 Smith, Armstrong 34th 1405 DeLowe Drive, S.W. Atlanta 30311 Smith, Stanley E., Jr. 18th Drawer F Perry 31069 Spinks, Ford B. 9th Route 6 Tifton 31794 Starr, Terrell A. 44th 4766 Tanglewood Lane Forest Park 30050 Stephens, Jack L. 36th 2484 Macon Drive, S.E. Atlanta 30315 Trippe, W. D. 31st P. O. Box 187 Cedartown 30125 Tysinger, James W. (Jim) 41st 3781 Watkins Place, N.E. Atlanta 30319 Vann, Frank C. 10th P. O. Box 387 Camilla 31730 Walling, Robert H. 42nd 1001 Oxford Road, N.E. Atlanta 30306 Ward, Horace T. 39th 172 Milton St., S.W. Atlanta 30314 Webb, Julian 11th P. O. Box 277 Donalsonville 31745 Young, Martin 13th Route 2 Rebecca 31783 Zipperer, Edward H. (Zip) 3rd Rt. 4, Little Neck Farms, Box 475 Savannah 31405

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MEMBERS OF THE SENATE OF GEORGIA BY DISTRICTS IN NUMERICAL ORDER AND POST OFFICES FOR THE TERM 1969-1970 District Name Address 1 Riley, John R. P. O. Box 9641, Savannah 31402 2 Searcey William A. 2017 Colonial Drive, Savannah 31406 3 Zipperer, Edward H. (Zip) Box 475, Rt. 4, Little Neck Farms, Savannah 31405 4 Kennedy, Joseph E. Box 246, Claxton 30417 5 Adams, Ronald F. P. O. Box 857, Burnswick 31520 6 Dean, Roscoe Emory, Jr. 612 Cherry St., Jesup 31545 7 Eldridge, Frank, Jr. P. O. Box 1141 Waycross 31501 8 Rowan, Robert A. (Bobby) Route 1, Enigma 31749 9 Spinks, Ford B. Route 6, Tifton 31794 10 Vann, Frank C. P. O. Box 387, Camilla 31730 11 Webb, Julian P. O. Box 277, Donalsonville 31745 12 Holloway, A. W. Al P. O. Box 588, Albany 31702 13 Young, Martin Route 2, Rebecca 31783 14 Carter, Hugh A. P. O. Box 97, Plains 31780 15 Hudgins, Floyd 3034 Emory St., Columbus 31903 16 Jackson, Harry C. P. O. Box 2547, Columbus 31902 17 Scott, Turner R. P. O. Box 348, Thomaston 30286 18 Smith, Stanley E., Jr. Drawer F, Perry 31069 19 Noble, Roy V. R.F.D. 3, Vienna 31092 20 Gillis, Hugh Route 3, Soperton 30457 21 Cox, Jay Carroll P. O. Box 37, Twin City 30471 22 Holley, R. Eugene Commerce Bldg., Augusta 30902 23 Padgett, M. J. (Mike) Route 2, McBean 30908 24 McGill, Sam P. Tignall Road, Washington 30673 25 Kidd, Culver P. O. Box 370, Milledgeville 31061 26 Adams, Billy P. O. Box 462, Macon 31202 27 Bateman, Oliver C. 247 Candler Drive, Macon 31204 28 Smalley, Robert H., Jr. P. O. Box 116, Griffin 30223 29 Hill, Render Greenville 30222 30 Plunkett, Lamar R. 50 Morris St., Bowdon 30108 31 Trippe, W. D. P. O. Box 187, Cedartown 30125 32 Chapman, Cyrus M. (Cy) 2871 Stone Creek Rd., S.E., Smyrna 30080 33 Hensley, Sam P. Route 4, Marietta 30060 34 Smith, Armstrong 1405 DeLowe Dr., S.W., Atlanta 30311 35 Coggin, Frank E. 201 Victoria Lane, Hapeville 30354 36 Stephens, Jack L. 2484 Macon Dr., S.E., Atlanta 30315 37 Garrard, Ed 956 Plymouth Rd., N.E., Atlanta 30306 38 Johnson, Leroy 1014 Gordon St., S.W., Atlanta 30310 39 Ward, Horace T. 172 Milton St., S.W., Atlanta 30314 40 MacIntyre, Dan I. III 363 Valley Green Dr., N.E., Atlanta 30305 41 Tysinger, James W. (Jim) 3781 Watkins Pl., N.E., Atlanta 30319 42 Walling, Robert H. 1001 Oxford Rd., N.E., Atlanta 30306 43 Miller, Frank G. 3361 Rainbow Dr., Decatur 30032 44 Starr, Terrell A. 4766 Tanglewood Lane, Forest Park 30050 45 Pennington, Brooks Crawford St., P.O. Box 290, Madison 30650 46 Broun, Paul C. 520 W. Cloverhurst St., Athens 30601 47 Brown, M. Parks P. O. Box 37, Hartwell 30643 48 Reynolds, Steve P. O. Box 303, Lawrenceville 30245 49 Andrews, Robert E. P. O. Box 310, Gainesville 30501 50 London, Maylon K. Box 325, Cleveland 30528 51 Fincher, Jack C., Sr. P. O. Box 512, Canton 30114 52 Doss, Sam W., Jr. P. O. Box 431, Rome 30161 53 Abney, Billy Shaw P. O. Box 607, LaFayette 30728 54 Fincher, W. W., Jr. (Bill) P. O. Box 149, Chatsworth 30705 55 Reeder, Ed 1583 West Austin Rd., Decatur 30032 56 Hardy, Jack 1750 Peachtree Rd., N.E., Atlanta 30309

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GEORGIA HOUSE OF REPRESENTATIVES COUNTY House District Appling 56 Atkinson 64 Bacon 57 Baker 61 Baldwin 34 Banks 12 Barrow 14 Bartow 10 Ben Hill 48 Berrien 64 Bibb 81-83 Bleckley 49 Brantley 66 Brooks 71 Bryan 52 Bulloch 44 Burke 37 Butts 33 Calhoun 53 Camden 66 Candler 52 Carroll 20 Catoosa 2 Charlton 66 Chatham 87-98 Chattahoochee 45 Chattooga 7 Cherokee 10 Clarke 16 Clay 60 Clayton 21 Clinch 65 Cobb 117 Coffee 55 Colquitt 63 Columbia 29 Cook 63 Coweta 30 Crawford 40 Crisp 47 Dade 1 Dawson 11 Decatur 68 DeKalb 72-77 Dodge 49 Dooly 47 Dougherty 61 Douglas 118 Early 60 Echols 71 Effingham 44 Elbert 18 Emanuel 43 Evans 52 Fannin 4 Fayette 32 Floyd 9 Forsyth 11 Franklin 12 Fulton 95-116 Gilmer 4 Glascock 29 Glynn 67 Gordon 8 Grady 69 Greene 25 Gwinnett 13 Habersham 6 Hall 11 Hancock 28 Haralson 19 Harris 38 Hart 12 Heard 30 Henry 22 Houston 41 Irwin 48 Jackson 15 Jasper 27 Jeff Davis 56 Jefferson 36 Jenkins 44 Johnson 42 Jones 27 Lamar 39 Lanier 64 Laurens 42 Lee 54 Liberty 59 Lincoln 26 Long 51 Lowndes 71 Lumpkin 5 Macon 46 Madison 17 Marion 45 McDuffie 29 McIntosh 59 Meriwether 31 Miller 68 Mitchell 62 Monroe 33 Montgomery 50 Morgan 25 Murray 3 Muscogee 84-86 Newton 23 Oconee 14 Oglethorpe 17 Paulding 117 Peach 40 Pickens 10 Pierce 57 Pike 39 Polk 19 Pulaski 49 Putnam 28 Quitman 60 Rabun 6 Randolph 53 Richmond 78-80 Rockdale 74 Schley 46 Screven 44 Seminole 68 Spalding 32 Stephens 6 Stewart 45 Sumter 46 Talbot 38 Taliaferro 26 Tattnall 51 Taylor 45 Telfair 49 Terrell 54 Thomas 70 Tift 63 Toombs 51 Towns 5 Treutlen 50 Troup 30 Turner 48 Twiggs 27 Union 5 Upson 39 Walker 1 Walton 24 Ware 65 Warren 29 Washington 35 Wayne 58 Webster 45 Wheeler 50 White 5 Whitfield 3 Wilcox 48 Wilkes 26 Wilkinson 34 Worth 47

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MEMBERS OF THE GEORGIA HOUSE OF REPRESENTATIVES ALPHABETICALLY ARRANGED ACCORDING TO NAMES, WITH DISTRICTS AND POST OFFICES FOR THE TERM 1969-1970 Name District Post Office Adams, G. D., Jr. 100 532 St. Johns Ave., S. W. Atlanta 30315 Alexander, William H. 108 3725 Dover Blvd., S.W., Atlanta 30331 Anderson, John Henry, Jr. 49-Post 2 P. O. Box 472, Hawkinsville 31036 Atherton, Howard 117-Post 3 848 Greymont Rd. Marietta 30060 Ballard, W. D. 23 405 Haygood St., Oxford 30267 Barber, Mac 15 P. O. Box 224, Commerce 30529 Barfield, H. M. 71-Post 2 P. O. Box 522, Hahira 31632 Battle, Joseph A. (Joe) 90 2308 Ranchland Drive, Savannah 31404 Bell, Robert H. Bob 73-Post 1 P. O. Box 29561 Atlanta 30329 Bennett, Jim T., Jr. 71-Post 3 P. O. Box 1211, Valdosta 31601 Berry, C. Ed 85-Post 1 2516 Harding Dr., Columbus 31906 Black, J. Lucius 45-Post 1 Preston 31824 Blalock, D. B. Brack 30-Post 3 40 Nimmons St., Newnan 30263 Bohannon, J. E. 20-Post 2 P. O. Box 531 Carrollton 30117 Bond, Julian 111 162 Euharlee St., S.W., Atlanta 30314 Bostick, Henry 63-Post 3 Rt. 3, Tifton 31794 Bowen, Rooney L. 47-Post 2 P. O. Box 323, Vienna 31092 Brantley, Haskew H., Jr. 114 6114 Riverside Dr., N.W. Atlanta 30331 Brantley, Hines L. 52 275 Lewis St., S., Metter 30439 Bray, Claude A., Jr. 31 P. O. Box 549, Manchester 31816 Brooks, George B. 17 Crawford 30630 Brown, Ben 110 250 Mathewson Place, S.W., Atlanta 30314 Brown, Clayton, Jr. 32-Post 2 550 South Hill St. Griffin 30223 Buck, Thomas B., III 84-Post 3 P. O. Box 196, Columbus 31902 Burruss, A. L. (Al) 117-Post 7 P. O. Box 6205 Station A, Marietta 30060 Busbee, George D. 61-Post 1 1205 Third Ave. Albany 31705 Caldwell, Johnnie L. 39-Post 1 P. O. Box 330 Thomaston 30286 Carnes, Charlie L. 104 1131 Custer Ave., S.E., Atlanta 30316 Cates, Goodwyn Shag 95-Post 3 3234 Roswell Rd., N.W. Atlanta 30305 Cato, A. Wallace 68-Post 2 P. O. Box 65 Bainbridge 31717 Chandler, Philip M. 34-Post 2 P. O. Box 806 Milledgeville 30161 Clarke, Harold G. 33 P. O. Box 229 Forsyth 31029 Cole, Jack 3-Post 1 P. O. Box 626 Dalton 30720 Collier, James M. 54 P. O. Box 577 Dawson 31742 Collins, Marcus E. 62 Rt. 1, Pelham 31779 Collins, Stanley (Stan) N., Jr. 72-Post 2 1727 W. Nancy Creek Dr., N.E., Atlanta 30319 Colwell, Carlton H. 5 Star Rt., Blairsville 30512 Conger, J. Willis 68-Post 1 P. O. Box 368 Bainbridge 31717 Connell, Jack 79-Post 2 P. O. Box 308 Augusta 30903 Conner, Jimmy 56 Tallahassee St., Hazlehurst 31539 Cook, Rodney M. 95-Post 1 34-10th St., N.E., Atlanta 30309 Cooper, J. Robert 11-Post 2 P. O. Box 1014, Gainesville 30501 Crowe, William J. 1-Post 2 P. O. Box 481 LaFayette 30728 Dailey, J. T. Jake 53 312 College St., Cuthbert 31740 Daugherty, C. 109 202 Daugherty Bldg. 15 Chestnut St., S. W., Atlanta 30314 Davis, Earl T. 86-Post 1 2321 Carson Dr., Columbus 31906 Davis, Walt 75-Post 1 3782 Snapfinger Rd., Lithonia 30058 Dean, James E. 76 17 East Lake Dr., N.E. Atlanta 30317 Dean, Nathan 19-Post 2 4009 Third Ave., Rockmart 30153 DeLong, R. Luke 80-Post 1 P. O. Box 1645 Augusta 30902 Dent, R. A. 79-Post 1 2043 Rosalie, Augusta 30901 Dickinson, Kent 118 Rt. 1, Timberidge Estates, Douglasville 30134 Dixon, Harry D. 65-Post 2 1303 Coral Rd., Waycross 31501 Dodson, Carr G. 82 3795 Bonita Pl., Macon 31204 Dorminy, A. B. C. (Brad), Jr. 48-Post 1 701 W. Central Ave., Fitzgerald 31750 Douglas, Dubignion (Dub) 42-Post 2 P. O. Box 628, Dublin 31021 Edwards, Ward 45-Post 2 Butler 31006 Egan, Mike 116 3100 First Natl. Bank Bldg., Atlanta 30303 Ellis, Morriss W. 91 312 Gordonston Avenue, Savannah 31404 Evans, Billy L. 81-Post 3 2745 Pierce Dr., South, Macon 31204 Ezzard, Clarence G., Sr. 102 245 Atlanta Ave., S.E., Atlanta 30315 Fallin, Billy 63-Post 1 P. O. Box 724 Moultrie 31768 Farmer, Leon, Jr. 16-Post 1 1000 Old Creek Rd., Athens 30601 Farrar, Robert H. (Bob) 77-Post 2 2996 Majestic Circle, Avondale Estates 30002 Felton, Jule W., Jr. 95-Post 2 2580 Woodward Way, N.W., Atlanta 30305 Floyd, James H. Sloppy 7 P. O. Box 521 Trion 30753 Floyd, Leon 75-Post 2 2401 Tilson Rd., Decatur 30032 Funk, Arthur J. 92 Isle of Hope Savannah 31406 Gary, Arch 21-Post 2 626 Valley Hill Rd., Riverdale 30274 Gaynor, Alan S. 88 P. O. Box 8608 Savannah 31402 Geisinger, Harry C. 72-Post 1 3362 Oakcliff Rd., Doraville 30440 Gignilliat, Arthur 89 P. O. Box 968 Savannah 31402 Grahl, Daniel K. 40 P. O. Box 591, Fort Valley 31030 Graves, Charles 9-Post 2 209 Billy Pyle Rd., Rome 30161 Gunter, Jack N. 6-Post 2 P. O. Box 396, Cornelia 30531 Hadaway, John H. 27 Hillsboro 31038 Hale, Maddox J. 1-Post 1 P. O. Box 457 Trenton 30752 Hamilton, Mrs. Grace T. 112 582 University Place, N.W. Atlanta 30314 Hargrett, Dr. McKee 58 198 Conway Dr., Jesup 31545 Harrington, J. Floyd 34-Post 1 Glenhaven Milledgeville 30161 Harris, Joe Frank 10-Post 1 1 Valley Dr., Cartersville 30120 Harris, J. Robin 77-Post 1 P. O. Box 57, Decatur 30031 Harris, Reid W. 67-Post 1 P. O. Box 1762, Brunswick 31520 Harrison, Robert Ward, Jr. 66 P. O. Box 207, St. Marys 31558 Hawes, Peyton S., Jr. 95-Post 4 254 Alberta Dr., N.E., Atlanta 30305 Henderson, Dr. J. H. Jack, Jr. 117-Post 5 1290 Gresham Rd., Marietta 30060 Higginbotham, Joe S. 75-Post 4 3147 Robindale Rd., Decatur 30034 Hill, Bobby L. 94 458 W. Broad St., Savannah 31401 Hill, Guy 97 1074 Boatrock Rd., S.W., Atlanta 30331 Holder, Dr. Frank P., Jr. 49-Post 1 Drawer 569, Eastman 31023 Hood, John 99 1070 Washington St., S.W., Atlanta 30310 Horton, Gerald Talmadge 95-Post 5 212 Bolling Road, N.E., Atlanta 30305 Housley, Eugene (Gene) 117-Post 1 100 Housley Rd., Marietta 30060 Howell, Mobley 60 P. O. Box 348, Blakely 31723 Hudson, Ted 48-Post 2 Fitzgerald 31750 Hutchinson, R. S. (Dick) 61-Post 3 915 6th Ave., Albany 31705 Johnson, Bobby W. 29-Post 2 P. O. Box 122, Warrenton 30828 Joiner, Francis A. 35 P. O. Box 151, Tennille 31089 Jones, Charles M. 59 P. O. Box 525, Hinesville 31313 Jones, Herbert, Jr. 87 413 Arlington Rd. Savannah 31406 Jones, Milton 84-Post 2 821 Broadway, Columbus 31901 Jordan, George 55 P. O. Box 916, Douglas 31533 Jordan, Hugh 74-Post 2 1284 Park Blvd., Stone Mountain 30083 Keen, Marshall 81-Post 1 P. O. Box 2366, Macon 31203 Keyton, James W. 70-Post 1 P. O. Box 90, Thomasville 31792 Knapp, G. Ed 81-Post 2 4435 Pio Nono Ave., Macon 31206 Knowles, Don L. 22 P. O. Box 235, Stockbridge 30281 Kreeger, George H. 117-Post 6 1281 Love St., Smyrna 30080 Lambert, E. R. 25 P. O. Box 169, Madison 30650 Lane, Dick 101 2704 Humphries St., East Point 30344 Lane, W. Jones 44-Post 1 P. O. Box 484, Statesboro 30458 Lee, Billy 61-Post 4 1215 Baker Ave., Albany 31705 Lee, Wm. J. (Bill) 21-Post 1 5325 Hillside Dr., Forest Park 30050 Leonard, Gerald H. 3-Post 3 P. O. Box 246 Chatsworth 30705 Levitas, Elliott H. 77-Post 4 1352 Jody Lane, N.E., Atlanta 30329 Lewis, Preston B., Jr. 37 P. O. Box 88, Waynesboro 30830 Longino, Young H. 98 P. O. Box 37, Fairburn 30213 Lowrey, Sidney 9-Post 1 Rt. 7, Rome 30161 Marcus, Sidney J. 105 845 Canterbury Road, N.E., Atlanta 30324 Mason, James D. 13-Post 2 P. O. Box 498, Snellville 30278 Matthews, Chappelle 16-Post 2 101 Shackelford Bldg., Athens 30601 Matthews, Dorsey R. 63-Post 2 Moultrie 31768 Mauldin, A. T. 12-Post 1 P. O. Box 87, Carnesville 30521 Maxwell, Regnald, Jr. 78-Post 2 1500 Georgia Railroad Bank Bldg., Augusta 30902 Melton, Quimby, Jr. 32-Post 1 Route 3, Box 411, Griffin 30223 Merritt, Janet S. (Mrs. Samuel M.) 46-Post 2 234 W. Dodson Street, Americus 31709 Miles, Bernard F. 78-Post 1 2934 Peach Orchard Road, Augusta 30906 Milford, W. D. (Billy) 12-Post 2 Rt. 2, Hartwell 30643 Miller, Mitch 83 3859 Mathis St., Macon 31206 Moate, Marvin E. 28 Drawer G Sparta 31087 Moore, Don C. 6-Post 1 Rt. 4, Toccoa 30577 Morris, Larry C. 73-Post 2 2410 St. Andrews Ct., N.E., Atlanta 30329 Mullinax, Edwin G. (Ed) 30-Post 2 P. O. Drawer 1429 LaGrange 30240 Murphy, Thomas B. 19-Post 1 P. O. Box 163 Bremen 30110 McClatchey, Devereaux 113 66 Avery Drive, N.E., Atlanta 30309 McCracken, J. Roy 36 P. O. Box 85 Avera 30803 McDaniell, Hugh Lee 117-Post 2 1231 Pebble Creek Road, S.E. Marietta 30060 Nash, Norris J. 13-Post 1 P. O. Box 6 Lilburn 30247 Nessmith, Paul E., Sr. 44-Post 2 Route 4 Statesboro 30458 Northcutt, Lamar Dailey 21-Post 3 5340 W. Fayetteville Road, College Park 30337 Nunn, Sam A., Jr. 41-Post 1 P. O. Drawer T Perry 31069 Odom, Colquitt H. 61-Post 2 1218 Third Ave., Albany 31705 Pafford, Robert C. (Bobby) 64 P. O. Box 415 Lakeland 31635 Paris, James W. 14 P. O. Box 527 Winder 30680 Parker, H. Walstein 44-Post 3 Route 6 Sylvania 30467 Parker, Clarence A. 46-Post 1 Route 4 Americus 31709 Patterson, John K. Uncle John 20-Post 1 Box 277 Carrollton 30117 Peters, Robert G. 2 Rt. 4 Ringgold 30736 Peterson, David C. 41-Post 2 Box 72 Kathleen 31047 Phillips, Glenn S. 29-Post 1 P. O. Box 26 Harlem 30814 Phillips, L. L. Pete 50 P. O. Box 166 Soperton 30457 Phillips, W. Randolph 38 Route 1 Shiloh 31826 Pickard, Mac 84-Post 1 P. O. Box 1657 Columbus 31906 Pinkston, Frank C. 81-Post 4 P. O. Box 4007 Macon 31208 Poole, Will 10-Post 2 787 Church St., Jasper 30143 Potts, George W. 30-Post 4 Route 2 Newnan 30263 Rainey, Howard H. 47-Post 1 201 8th St., South Cordele 31015 Reaves, Henry L. 71-Post 1 Rt. 2 Quitman 31643 Roach, Andy 10-Post 3 P. O. Box 370 Canton 30114 Ross, Ben Barron 26 P. O. Box 245 Lincolnton 30817 Rowland, Emory L. 42-Post 1 P. O. Box 148 Wrightsville 31096 Rush, Dewey D. 51-Post 2 Route 4 Glennville 30427 Russell, Henry P., Jr. 70-Post 2 Rt. 1, Boston 31626 Salem, William J. (Bill) 51-Post 1 P. O. Box 293 Lyons 30436 Scarborough, Homer M., Jr. 81-Post 5 American Federal Building Macon 31201 Scarlett, Richard M. 67-Post 2 P. O. Box 190 Brunswick 31520 Shanahan, Tom L. 8 P. O. Box 427 Calhoun 30701 Shepherd, E. J. 107 346 Angier Ave., N.E. Atlanta 30312 Sherman, John H. Jack, Jr. 80-Post 2 P. O. Box 1063 Augusta 30903 Simkins, L. H., Jr. 78-Post 3 2815 Lombardy Ct., Augusta 30904 Simmons, Howard 4 Ellijay 30540 Sims, William A. (Bill), Jr. 106 P. O. Box 8376 Station F Atlanta 30306 Smith, Geo. L. II 43 Swainsboro 30401 Smith, J. R. 39-Post 2 498 Rose Avenue Barnesville 30204 Smith, Virgil T. 3-Post 2 609 Murray Hill Dr., Dalton 30720 Snow, Wayne, Jr. 1-Post 3 Route 2 Chickamauga 30707 Sorrells, Marvin W. 24 P. O. Box 666 Monroe 30655 Sweat, Ottis, Jr. 65-Post 1 861 Tebeau St. Waycross 31501 Thomason, Larry W. 77-Post 3 406 Decatur Federal Building Decatur 30030 Thompson, Albert W. 85-Post 2 210 9th St., Columbus 31903 Thompson, Roscoe 86-Post 2 P. O. Box 706 Columbus 31902 Toles, E. B. 9-Post 3 1114 Park Blvd. Rome 30161 Townsend, Kil 115 955 Coronado Dr., N.W., Atlanta 30327 Vaughn, Clarence R., Jr. 74-Post 1 P. O. Box 410 Conyers 30207 Wamble, Burton M. 69 Rt. 1, Box 119 Cairo 31728 Ware, J. Crawford 30-Post 1 P. O. Box 305 Hogansville 30230 Westlake, James R. (Jim) 75-Post 3 3930 West Side Pl., Ellenwood 30049 Whaley, George W., Jr. 93 P. O. Box 197 Pooler 31322 Wheeler, Bobby 57 Rt. 1, Alma 31510 Wheeler, Dr. Jack A. 18 P. O. Box 807 Elberton 30635 Wilkerson, Jack L. 103 635 W. Peachtree St. N.E., Atlanta 30308 Williams, W. M. (Bill) 11-Post 1 1728 Thompson Bridge Rd., Gainesville 30501 Wilson, Joe Mack 117-Post 4 217 Northcutt St., Marietta 30060 Winkles, Fred 96 878 Falcon Drive, S.W., Atlanta 30311 Wood, Joe T. 11-Post 3 P. O. Box 736 Gainesville 30501

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MEMBERS OF GEORGIA HOUSE OF REPRESENTATIVES BY DISTRICTS AND POST OFFICES FOR THE TERM 1969-1970 District Representative Address 1-Post 1 Maddox J. Hale P. O. Box 457 Trenton 30752 1-Post 2 William J. Crowe P. O. Box 481 LaFayette 30728 1-Post 3 Wayne Snow, Jr. Route 2 Chickamauga 30707 2 Robert G. Peters P. O. Box 550 Ringgold 30736 3-Post 1 Jack Cole P. O. Box 626 Dalton 30720 3-Post 2 Virgil T. Smith 609 Murray Hill Dr. Dalton 30720 3-Post 3 Gerald H. Leonard P. O. Box 246 Chatsworth 30705 4 Howard Simmons Ellijay 30540 5 Carlton H. Colwell Star Route Blairsville 30512 6-Post 1 Don C. Moore Route 4 Toccoa 30577 6-Post 2 Jack N. Gunter P. O. Box 396 Cornelia 30531 7 James H. Sloppy Floyd P. O. Box 521 Trion 30753 8 Tom L. Shanahan P. O. Box 427 Calhoun 30701 9-Post 1 Sidney Lowrey Route 7 Rome 30161 9-Post 2 Charles Graves 209 Billy Pyle Rd. Rome 30161 9-Post 3 E. B. Toles 1114 Park Blvd. Rome 30161 10-Post 1 Joe Frank Harris 1 Valley Dr. Cartersville 30120 10-Post 2 Will Poole 787 Church St. Jasper 30143 10-Post 3 Andy Roach P. O. Box 370 Canton 30114 11-Post 1 W. M. (Bill) Williams 1728 Thompson Bridge Rd., Gainesville 30501 11-Post 2 J. Robert Cooper P. O. Box 1014 Gainesville 30501 11-Post 3 Joe T. Wood P. O. Box 736 Gainesville 30501 12-Post 1 A. T. Mauldin P. O. Box 87 Carnesville 30521 12-Post 2 W. D. (Billy) Milford Route 2 Hartwell 30643 13-Post 1 Norris J. Nash P. O. Box 6 Lilburn 30247 13-Post 2 James D. Mason P. O. Box 498 Snellville 30278 14 James W. Paris P. O. Box 527 Winder 30680 15 Mac Barber P. O. Box 224 Commerce 30529 16-Post 1 Leon Farmer, Jr. 1000 Old Creek Rd. Athens 30601 16-Post 2 Chappelle Matthews 101 Shackelford Bldg. Athens 30601 17 George B. Brooks Crawford 30630 18 Dr. Jack A. Wheeler P. O. Box 807 Elberton 30635 19-Post 1 Thomas B. Murphy P. O. Box 163 Bremen 30110 19-Post 2 Nathan Dean 4009 Third Ave. Rockmart 30153 20-Post 1 John K. Uncle John Patterson P. O. Box 277 Carrollton 30117 20-Post 2 J. E. Bohannon P. O. Box 531 Carrollton 30117 21-Post 1 Wm. J. (Bill) Lee 5325 Hillside Dr. Forest Park 30050 21-Post 2 Arch Gary 626 Valley Hill Rd. Riverdale 30274 21-Post 3 Lamar Dailey Northcutt 5340 W. Fayetteville Rd., College Park 30337 22 Don L. Knowles P. O. Box 235 Stockbridge 30281 23 W. D. Ballard 405 Haygood St. Oxford 30267 24 Marvin W. Sorrells P. O. Box 666 Monroe 30655 25 E. R. Lambert P. O. Box 169 Madison 30650 26 Ben Barron Ross P. O. Box 245 Lincolnton 30817 27 John H. Hadaway Hillsboro 31038 28 Marvin E. Moate Drawer G Sparta 31087 29-Post 1 Glenn S. Phillips P. O. Box 26 Harlem 30814 29-Post 2 Bobby W. Johnson P. O. Box 122 Warrenton 30828 30-Post 1 J. Crawford Ware P. O. Box 305 Hogansville 30230 30-Post 2 Edwin G. (Ed) Mullinax P. O. Drawer 1429 LaGrange 30240 30-Post 3 D. B. Brack Blalock 40 Nimmons St. Newnan 30263 30-Post 4 George W. Potts Route 2 Newnan 30263 31 Claude A. Bray, Jr. P. O. Box 549 Manchester 31816 32-Post 1 Quimby Melton, Jr. Route 3, Box 411 Griffin 30223 32-Post 2 Clayton Brown, Jr. 550 South Hill St. Griffin 30223 33 Harold G. Clarke P. O. Box 229 Forsyth 31029 34-Post 1 J. Floyd Harrington Glenhaven Milledgeville 30161 34-Post 2 Philip M. Chandler P. O. Box 806 Milledgeville 30161 35 Francis A. Joiner P. O. Box 151 Tennille 31089 36 J. Roy McCracken P. O. Box 85 Avera 30803 37 Preston B. Lewis, Jr. P. O. Box 88 Waynesboro 30830 38 W. Randolph Phillips Route 1 Shiloh 31826 39-Post 1 Johnnie L. Caldwell P. O. Box 330 Thomaston 30286 39-Post 2 J. R. Smith 498 Rose Ave. Barnesville 30204 40 Daniel K. Grahl P. O. Box 591 Fort Valley 31030 41-Post 1 Sam A. Nunn, Jr. P. O. Drawer T Perry 31069 41-Post 2 David C. Peterson Box 72 Kathleen 31047 42-Post 1 Emory L. Rowland P. O. Box 148 Wrightsville 31096 42-Post 2 Dubignion (Dub) Douglas P. O. Box 628 Dublin 31021 43 Geo. L. Smith II Swainsboro 30401 44-Post 1 W. Jones Lane P. O. Box 484 Statesboro 30458 44-Post 2 Paul E. Nessmith Sr. Route 4 Statesboro 30458 44-Post 3 H. Walstein Parker Route 6 Sylvania 30467 45-Post 1 J. Lucius Black Preston 31824 45-Post 2 Ward Edwards Butler 31006 46-Post 1 Clarence A. Parker Route 4 Americus 31709 46-Post 2 Janet S. Merritt (Mrs. Samuel M.) 234 W. Dodson St. Americus 31709 47-Post 1 Howard H. Rainey 201 8th St. South Cordele 31015 47-Post 2 Rooney L. Bowen P. O. Box 323 Vienna 31092 48-Post 1 A. B. C. (Brad) Dorminy, Jr. 701 W. Central Ave. Fitzgerald 31750 48-Post 2 Ted Hudson Fitzgerald 31750 49-Post 1 Dr. Frank P. Holder, Jr. Drawer 569 Eastman 31023 49-Post 2 John H. Anderson, Jr. P. O. Box 472 Hawkinsville 31036 50 L. L. Pete Phillips P. O. Box 166 Soperton 30457 51-Post 1 William J. (Bill) Salem P. O. Box 293 Lyons 30436 51-Post 2 Dewey D. Rush Route 4 Glennville 30427 52 Hines L. Brantley 275 Lewis St., South Meter 30439 53 J. T. Jake Dailey 312 College Street Cuthbert 31740 54 James M. Collier P. O. Box 577 Dawson 31742 55 George Jordan P. O. Box 916 Douglas 31533 56 Jimmy Conner Tallahassee Street Hazelhurst 31539 57 Bobby Wheeler Route 1 Alma 31510 58 Dr. McKee Hargrett 198 Conway Dr. Jesup 31545 59 Charles M. Jones P. O. Box 525 Hinesville 31313 60 Mobley Howell P. O. Box 348 Blakely 31723 61-Post 1 George D. Busbee 1205 3rd Ave. Albany 31705 61-Post 2 Colquitt H. Odom 1218 Third Ave. Albany 31705 61-Post 3 R. S. (Dick) Hutchinson 915 6th Ave. Albany 31705 61-Post 4 Billy Lee 1215 Baker Ave. Albany 31705 62 Marcus E. Collins Route 1 Pelham 31779 63-Post 1 Billy Fallin P. O. Box 724 Moultrie 31768 63-Post 2 Dorsey R. Matthews Moultrie 31768 63-Post 3 Henry Bostick Route 3 Tifton 31794 64 Robert C. (Bobby) Pafford P. O. Box 415 Lakeland 31635 65-Post 1 Ottis Sweat, Jr. 861 Tebeau St. Waycross 31501 65-Post 2 Harry D. Dixon 1303 Coral Rd. Waycross 31501 66 Robert Ward Harrison, Jr. P. O. Box 207 St. Marys 31558 67-Post 1 Reid W. Harris P. O. Box 1762 Brunswick 31520 67-Post 2 Richard M. Scarlett P. O. Box 190 Brunswick 31520 68-Post 1 J. Willis Conger P. O. Box 368 Bainbridge 31717 68-Post 2 A. Wallace Cato P. O. Box 65 Bainbridge 31717 69 Burton M. Wamble Rt. 1, Box 119 Cairo 31728 70-Post 1 James W. Keyton P. O. Box 90 Thomasville 31792 70-Post 2 Henry P. Russell, Jr. Route 1 Boston 31626 71-Post 1 Henry L. Reaves Route 2 Quitman 31643 71-Post 2 H. M. Barfield P. O. Box 522 Hahira 31632 71-Post 3 Jim T. Bennett, Jr. P. O. Box 1211 Valdosta 31601 72-Post 1 Harry C. Geisinger 3362 Oakcliff Rd. Doraville 30440 72-Post 2 Stanley (Stan) N. Collins, Jr. 1727 W. Nancy Creek Dr., N.E., Atlanta 30319 73-Post 1 Robert H. Bob Bell P. O. Box 29561 Atlanta 30329 73-Post 2 Larry C. Morris 2410 St. Andrews Court, N.E. Atlanta 30329 74-Post 1 Clarence R. Vaughn, Jr. P. O. Box 410 Conyers 30207 74-Post 2 Hugh Jordan 1284 Park Blvd. Stone Mountain 30083 75-Post 1 Walt Davis 3782 Snapfinger Rd. Lithonia 30058 75-Post 2 Leon Floyd 2401 Tilson Rd. Decatur 30032 75-Post 3 James R. (Jim) Westlake 3930 West Side Place Ellenwood 30049 75-Post 4 Joe S. Higginbotham 3147 Robindale Rd. Decatur 30034 76 James E. Dean 17 East Lake Drive, N.E., Atlanta 30317 77-Post 1 J. Robin Harris P. O. Box 57 Decatur 30031 77-Post 2 Robert H. (Bob) Farrar 2996 Majestic Circle Avondale Estates 30002 77-Post 3 Larry W. Thomason 406 Decatur Federal Bldg., Decatur 30030 77-Post 4 Elliott H. Levitas 1352 Jody Lane, N.E. Atlanta 30329 78-Post 1 Bernard F. Miles 2934 Peach Orchard Road, Augusta 30906 78-Post 2 Regnald Maxwell, Jr. 1500 Georgia Railroad Bank Bldg., Augusta 30902 78-Post 3 L. H. Simkins, Jr. 2815 Lombardy Court Augusta 30904 79-Post 1 R. A. Dent 2043 Rosalie Augusta 30901 79 Post 2 Jack Connell P. O. Box 308 Augusta 30903 80-Post 1 R. Luke DeLong P. O. Box 1645 Augusta 30902 80-Post 2 John H. Jack Sherman, Jr. P. O. Box 1063 Augusta 30903 81-Post 1 Marshall Keen P. O. Box 2366 Macon 31203 81-Post 2 G. Ed Knapp 4435 Pio Nono Ave. Macon 31206 81-Post 3 Billy L. Evans 2745 Pierce Drive, South, Macon 31204 81-Post 4 Frank C. Pinkston P. O. Box 4007 Macon 31208 81-Post 5 Homer M. Scarborough, Jr. American Federal Bldg., Macon 31201 82 Carr G. Dodson 3795 Bonita Place Macon 31204 83 Mitch Miller 3859 Mathis Street Macon 31206 84-Post 1 Mac Pickard P. O. Box 1657 Columbus 31906 84-Post 2 Milton Jones 821 Broadway Columbus 31901 84-Post 3 Thomas B. Buck III P. O. Box 196 Columbus 31902 85-Post 1 C. Ed Berry 2516 Harding Drive Columbus 31906 85-Post 2 Albert W. Thompson 210 9th Street Columbus 31901 86-Post 1 Earl T. Davis 2321 Carson Drive Columbus 31906 86-Post 2 Roscoe Thompson P. O. Box 706 Columbus 31902 87 Herbert Jones, Jr. 413 Arlington Road Savannah 31406 88 Alan S. Gaynor P. O. Box 8608 Savannah 31402 89 Arthur Gignilliat P. O. Box 968 Savannah 31402 90 Joseph A. (Joe) Battle 2308 Ranchland Drive Savannah 31404 91 Morriss W. Ellis 312 Gordonston Avenue Savannah 31404 92 Arthur J. Funk Isle of Hope Savannah 31406 93 George W. Whaley, Jr. P. O. Box 197 Pooler 31322 94 Bobby L. Hill 458 W. Broad Street Savannah 31401 95-Post 1 Rodney M. Cook 34-10th Street, N.E. Atlanta 30309 95-Post 2 Jule W. Felton, Jr. 2580 Woodward Way, N.W., Atlanta 30305 95-Post 3 Goodwyn Shag Cates 3234 Roswell Rd., N.W. Atlanta 30305 95-Post 4 Peyton S. Hawes, Jr. 254 Alberta Drive, N.E., Atlanta 30305 95-Post 5 Gerald Talmadge Horton 212 Bolling Road, N.E. Atlanta 30305 96 Fred Winkles 878 Falcon Drive, S.W. Atlanta 30311 97 Guy Hill 1074 Boatrock Road, S.W., Atlanta 30331 98 Young H. Longino P. O. Box 37 Fairburn 30213 99 John Hood 1070 Washington St., S.W., Atlanta 30310 100 G. D. Adams, Jr. 532 St. Johns Avenue, S.W., Atlanta 30315 101 Dick Lane 2704 Humphries Street East Point 30344 102 Clarence G. Ezzard, Sr. 245 Atlanta Ave., S.E. Atlanta 30315 103 Jack L. Wilkerson 635 W. Peachtree St., N.E., Atlanta 30308 104 Charlie L. Carnes 1131 Custer Avenue, S.E., Atlanta 30316 105 Sidney J. Marcus 845 Canterbury Road, N.E., Atlanta 30324 106 William A. (Bill) Sims, Jr. P. O. Box 8376, Station F Atlanta 30306 107 E. J. Shepherd 346 Angier Ave., N.E. Atlanta 30312 108 William H. Alexander 3725 Dover Boulevard, S.W., Atlanta 30331 109 J. C. Daugherty 202 Daugherty Bldg. 15 Chestnut St., S.W. Atlanta 30314 110 Ben Brown 250 Mathewson Place, S.W., Atlanta 30314 111 Julian Bond 162 Euharlee St., S.W. Atlanta 30314 112 Mrs. Grace T. Hamilton 582 University Place, N.W., Atlanta 30314 113 Devereaux McClatchey 66 Avery Drive, N.E. Atlanta 30309 114 Haskew H. Brantley, Jr. 6114 Riverside Drive, N.W., Atlanta 30331 115 Kil Townsend 955 Coronado Drive, N.W., Atlanta 30327 116 Mike Egan 3100 First Nat'l Bank Bldg., Atlanta 30303 117-Post 1 Eugene (Gene) Housley 100 Housley Road Marietta 30060 117-Post 2 Hugh Lee McDaniell 1231 Pebble Creek Road, S.E. Marietta 30060 117-Post 3 Howard Atherton 848 Greymont Rd. Marietta 30060 117-Post 4 Joe Mack Wilson 217 Northcutt Street Marietta 30060 117-Post 5 Dr. J. H. Jack Henderson, Jr. 1290 Gresham Road Marietta 30060 117-Post 6 George H. Kreeger 1281 Love Street Smyrna 30080 117-Post 7 A. L. (Al) Burruss P. O. Box 6205 Station A Marietta 30060 118 Kent Dickinson Rt. 1 Timberidge Estates Douglasville 30134

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STATUS OF REFERENDUM ELECTIONS FOR THE YEARS 1953 THROUGH 1968 Georgia Laws Referendums Proposed Status Unknown Not Held Final Result 1953 (Jan./Feb.) 14 1 2 11 1953 (Nov./Dec.) 21 4 17 1955 17 1 1 15 1956 39 4 1 34 1957 24 1 23 1958 46 3 1 42 1959 35 1 34 1960 47 3 44 1961 27 1 26 1962 38 1 2 35 1963 39 1 5 33 1964 36 2 3 31 1964 Ex. Sess. 9 2 1 6 1965 23 3 20 1966 25 2 23 1967 39 2 37 1968 48 3 2 43 TOTALS 527 25 28 474

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REFERENDUM ELECTIONS1953-1968 The Act, approved March 4, 1953 (Ga. L. 1953, Jan.-Feb. sess., page 523), provides that the results of all referendum elections which are provided for by any local or special law enacted by the General Assembly of Georgia shall immediately be certified, by the authority holding such election, to the Secretary of State. In addition thereto, the citation of the Act involved and the purpose of such election shall be sent to the Secretary of State at the same time. Georgia Laws 1953, January-February session: County Page No. SUBJECT Date of Election Result Carroll 3012 Town Mt. Zion 3-21-53 For 55 Agn 30 Chatham 2538 Taxation Not held DeKalb 3249 County Commissioners 5-13-53 For4445 Agn8483 Franklin 3030 County Commissioners 11- 2-54 For1152 Agn 565 Gilmer 3103 City of Ellijay 6- 1-53 For 69 Agn 151 Gilmer 588 City of Ellijay 6- 1-53 For 69 Agn 151 Gwinnett 3187 City of Lawrenceville 6-27-53 For 55 Agn 61 Irwin 2495 Tax Commissioner 11- 2-54 For 568 Agn 694 Mitchell 2577 City Treasurer of Camilla Not held Murray 2458 Town of Spring Place 5-19-53 For 36 Agn 48 Murray 2340 City of Chatsworth Status unknown Murray 2444 Tax Commissioner 4-21-53 For 553 Agn 261 Troup 2276 City of West Point 4- 1-53 For 250 Agn 112 Whitfield 2128 City Court of Dalton 3-26-53 For 210 Agn2613

Page 1295

Georgia Laws 1953, November-December session: County Page No. SUBJECT Date of Election Result Burke 2049 County Commissioners 9- 8-54 For1833 Agn 648 Cherokee 2668 Certain county officers on salary basis 11- 2-54 For 913 Agn 674 Clayton 2855 City of Forest Park Status unknown Clayton 2029 City of Lake Tara 12- 9-53 For 64 Agn 229 Clayton 2064 City of Lake Tara Status unknown Coweta 2040 City of Newnan 2- 6-54 For1406 Agn 603 Crisp 2407 City of Cordele 10- 5-54 City vote: For202; Agn132 County vote: For 23; Agn252 Decatur 2197 City of West Bainbridge 1-11-54 For 200 Agn 527 DeKalb 2578 City of Decatur 10-21-54 For 466 Agn 827 Early 2282 City of Blakely 4-19-54 For 45 Agn 82 Elbert 2987 City of Elberton 3-23-54 For 958 Agn 248 Forsyth 2674 County indebtedness for building purposes Status unknown Greene 2455 County Commissioners 3-23-54 For1637 Agn1807 Habersham 2745 City of Clarkesville 2-16-54 For 154 Agn 164 McDuffie 2584 City of Thomson 3-12-54 For 253 Agn 290 Miller 2814 City Court of Miller County 9-8-54 Status unknown Richmond 2610 City of Augusta Status unknown Richmond 2476 City of Augusta 11-17-54 For 259 Agn 189 Sumter 2972 Tax Millage 1-12-54 For 382 Agn 431 Troup 2858 City of West Point 1-27-54 City vote: For140; Agn 6 Outside city vote: For 64; Agn 53 Twiggs 2570 County Commissioners 11-2-54 For 161 Agn 626 This is a summary of the results of referendum elections which are of file and record in the office of Secretary of State. Referral to the page number, indicated, in the second column, will enable the reader to determine the results of the individual referendum elections.

Page 1296

Georgia Laws, 1955: County Page No. SUBJECT Date of Election Result Baldwin 2830 County Commissioners 4-20-55 * * Special election held May 31, 1955 and 2 additional members elected. For1079 Agn 716 Clarke 3057 Merger city and county school systems 5-4-55 For1124 Agn 564 Clayton 2781 City of Morrow 4-16-55 For 75 Agn 30 Clayton and Fulton 2884 City of College Park 5-14-55 For 46 Agn 13 DeKalb 2806 Form of government 5-18-55 (1) Single Com. for 750 Multiple Com. For5013 (2) Co. Exec. For2728 Co. Manager For2733 Elbert 2117 City Court of Elberton 3-7-56 For4471 Agn 522 Fulton 2650 City of Hapeville Status unknown Gwinnett 3163 City of Lawrenceville 3-19-55 For 25 Agn 89 Hall 3040 Tax Commissioner 11-28-55 For2163 Agn 775 Hall 2627 Certain county officers on salary basis 11-28-55 For2144 Agn 826 Houston 2093 City of Warner Robins 4-5-55 For 234 Agn 547 Jackson 2853 City of Commerce Not held Laurens 2620 City of Dublin 5-10-55 For 582 Agn1327 Lumpkin 2892 County Commissioners 4-13-55 For 337 Agn 109 Rockdale 2428 Certain county officers on salary basis 4-16-55 For 610 Agn 877 Tift 2344 City of Tifton 4-27-55 For 764 Agn 270 Wayne 2858 City of Jesup 4-27-55 For 383 Agn 206 This is a summary of the results of referendum elections which are of file and record in the office of Secretary of State. Referral to the page number, indicated in the second column, will enable the reader to determine the results of the individual referendum elections.

Page 1298

Georgia Laws, 1956: County Page No. SUBJECT Date of Election Result Baldwin 2725 County Commissioners 4- 3-56 For1394 Agn1385 Baldwin 2865 City of Milledgeville 7-18-56 For 107 (1 of 2) Agn 58 Baldwin 2865 City of Milledgeville 10-15-56 For 463 (1 of 2) Agn 243 Baldwin 3003 City of Milledgeville 7-18-56 For 12 Agn 51 Banks 2056 Supplemental salary for Sheriff 3-14-56 For1054 Agn1378 Barrow 3100 City of Winder 5- 4-56 For 13 Agn 103 Carroll 2797 Judge, City Court of Carrollton 11- 6-56 For1305 Agn2344 Carroll 2877 Police court of Whitesburg Status unknown Chattooga 2899 County Commissioner 9-12-56 For2142 Agn1167 Clayton 2040 City Manager, City of Forest Park Status unknown (1 of 2) Clayton 2040 City of Forest Park Status unknown (1 of 2) Clayton 2518 City of Mountain View 3-24-56 For 341 Agn 44 Clayton 2744 City of College Park 4-28-56 For 28 Agn 22 Colquitt 2399 Certain County officers on salary basis 2-28-56 For3864 Agn2411 Colquitt 2403 Tax Commissioner 2-28-56 For3939 Agn2540 Colquitt 2830 City of Moultrie 10- 1-56 * * West Moultrie Area: For1986; Agn169 [UNK] Colonial Heights Area: For2002; Agn159 [UNK] Crestwood Gardens Area: For2005; Agn167 [UNK] East Moultire Area: For2004; Agn165 [UNK] Tifton Highway Area: For1989; Agn173 [UNK] Sylvester Drive Area: For1976; Agn175 [UNK] City vote: Area 1-West Moultrie Area: For 99; Agn 57 [UNK] Area 2-Colonial Heights Area: For145; Agn 83 [UNK] Area 3-Crestwood Gardens Area: For 27; Agn 87 [UNK] Area 4-East Moultrie Area: For 41; Agn147 [UNK] Area 5-Tifton Highway Area: For 29; Agn107 [UNK] Area 6-Sylvester Drive Area: For 78; Agn144 [UNK] Area vote: DeKalb 2932 City Court of Decatur 5-16-56 For 12,520 Agn 5,846 DeKalb 3237 Multiple commission form of government 5-16-56 For 18,393 (1 of 2) Agn 2,001 DeKalb 3237 Commission Chairman 5-16-56 For:(a) 4,743 (1 of 2) For:(b) 15,300 Fayette 2022 Tax Commissioner 2-25-56 For 292 Agn 37 Glascock 3507 Traveling expenses for Sheriff 3-14-56 For 498 Agn 227 Gwinnett 2502 Tax Commissioner 11- 6-56 For 3,383 Agn 1,641 Hall 3166 City of Lula 3-27-56 Belton vote: For64; Agn2 Lula vote: For35; Agn3 Houston 2510 City of Warner Robins 5- 8-56 For 215 Agn 30 Jackson 2887 City Court of Jefferson 9-12-56 For 972 Agn1556 Laurens 3267 City of Dublin Not held Miller 2799 Voting machines 9-12-56 For 231 Agn 580 Murray 3476 Chatsworth 8-25-56 For 77 Agn 109 Muscogee 2386 City of Columbus 9-12-56 City vote: For6179; Agn2356 Outside city vote: For 516; Agn2070 Newton 2507 City of Covington 5- 1-56 For 109 Agn 90 Richmond 2406 Sale of Allen ParkCity of Augusta 4-18-56 For 7769 Agn3734 Spalding 2412 City of Griffin 4-17-56 City vote: For 948; Agn 595 Affected area For 365; Agn 400 Thomas 3159 Certain county officers on salary basis 4-24-56 For 902 Agn 939 Thomas 3510 Tax Commissioner 4-24-56 For 876 Agn 957 Troup 2827 City of Hogansville 7-18-56 City vote: For 216; Agn 117 Outside city vote: For 41, Agn 159 Troup 3078 City of Hogansville 7-18-56 For 257 Agn 276 Troup 3423 City of North West Point 4-25-56 For 34 Agn 111 Walker 2995 Town of Linwood Status unknown Whitfield 2093 City of Dalton 3-15-56 For 985 Agn1831 This is a summary of the results of referendum elections which are of file and record in the office of Secretary of State. Referral to the page number, indicated in the second column, will enable the reader to determine the results of the individual referendum elections.

Page 1301

Georgia Laws, 1957: County Page No. SUBJECT Date of Election Result Bartow 2048 City of Cartersville 3-12-57 For 1010 Agn 314 Bulloch 2877 City of Statesboro 7-26-57 Area 1: For312; Agn14 Area 2: For312; Agn14 Area 3: For313; Agn13 Chatham 2003 City of Port Wentworth 3-20-57 For 422 Agn 128 Clarke 2033 City of AthensMayor and City Council 2-27-57 For 617 Agn2112 Clarke 2036 RecorderCity of Athens 2-27-57 For 714 Agn2047 Cobb 3020 City of Acworth 5- 4-57 For 73 Agn 181 Coffee 2833 City Commissioners of City of Douglas 5-29-57 For 485 Agn 99 Colquitt 2205 City of Moultrie 3-11-57 For 25 Agn 53 Cook 3253 County Commissioners 5- 8-57 For 227 Agn 364 Dougherty 2595 City of Albany 5-20-57 For 325 Agn 720 Douglas 2358 City of Douglasville 5- 3-57 City vote : For50; Agn 53 Affected area : For 2; Agn164 Emanuel 3317 City of Swainsboro 10-14-57 City vote : For: Area 1 and 2 Outside city vote : For: Area 2 Agn: Area 1 Gwinnett 2669 City of Lawrenceville 3-23-57 For 27 Agn 4 Hancock 2341 City of Sparta Not held Henry 2121 County Commissioners 4- 6-57 For 784 Agn 924 Miller 2194 County Commissioners 4- 2-57 Majority vote for $5 per meeting Pickens 2332 Town of Jasper 4-17-57 City vote : For78; Agn 12 Outside city vote : For15; Agn213 Pickens 2400 Town of Jasper 4-17-57 For 75 Agn 10 Polk 2185 City of Cedartown 5- 8-57 For 656 Agn 934 Pulaski 3353 City of Hawkinsville 4-30-57 For 115 Agn 266 Spalding 2809 City of Griffin 4-30-57 For 552 Agn 317 Twiggs 3002 County Commissioners 5-22-57 For 156 Agn 174 Walker 2419 Town of Linwood 4-27-57 For 71 Agn 29 Wilkinson 2383 Town of McIntyre 5-25-57 For 49 Agn 18 This is a summary of the results of referendum elections which are of file and record in the office of Secretary of State. Referral to the page number, indicated in the second column, will enable the reader to determine the results of the individual referendum elections.

Page 1303

Georgia Laws, 1958: County Page No. SUBJECT Election Date of Result Bacon 3378 City of Alma 7- 2-58 For 206 Agn 197 Baldwin 3302 County Commissioner 11- 4-58 For 932 Agn 717 Barrow 2338 City of Winder 6- 4-58 For 131 Agn 229 Bartow 2683 Tax Commissioner 9-10-58 For3590 Agn1254 Bartow 2866 Certain County officers on salary basis 9-10-58 For 3462 Agn1356 Brooks 2859 City Commission of Quitman 5-27-58 For 173 Agn 74 Chatham 2617 Town of Thunderbolt 1-20-59 For 291 Ang 115 Chatham 3337 City of Savannah 5-27-58 For 4024 Agn2283 Chattahoochee 2554 Compensation of Sheriff 11- 4-58 For 55 Agn 30 Cherokee 2437 City of Canton 5- 7-58 For119 Agn 483 Cherokee 2661 City of Canton 5- 7-58 For 223 Agn 37 Clayton 3022 City of Mountain View In litigation Clayton 3397 City of Forest Park 4-12-58 Clayton and Fulton 2309 City of College Park 5-19-58 For 2 Agn 0 Clayton and Fulton 2363 City of College Park 5-14-58 For 10 Agn 0 Colquitt 2441 City of Moultrie 7-14-58 (Area 6) For 53; Agn 1 7-21-58 (Area 7) For110; Agn79 7-28-58 (Area 8) For 31; Agn27 DeKalb 3318 City of Chamblee 5-10-58 City area vote: For41; Agn 1 Affected area: For 91; Agn41 Dodge 2207 County Commissioners 3-18-58 For571 Agn2997 Early 2829 City of Blakely 8-12-58 For 59 Agn 96 Emanuel 3143 City of Swainsboro 10-13-58 Parcel # 1- City vote: For227; Agn15 Outside city: For143; Agn54 Parcel # 2- City vote: For229; Agn15 Outside city: For 39; Agn40 Parcel # 3- City vote: For230; Agn14 Outside city: For 24; Agn28 Fannin 3353 City of Blue Ridge 5-17-58 For162 Agn282 Franklin 2644 City of Carnesville 4-22-58 For 33 Agn 21 Fulton 2721 City of College Park 6- 3-58 For738 Agn340 Fulton Clayton 2453 City of College Park 5-19-58 For 2 Agn 0 Fulton Clayton 2854 City of College Park 5-14-58 For 0 Agn 0 Fulton Clayton 3212 City of East Point 7-16-58 For63 Agn 28 Gordon 2131 City of Calhoun 3-26-58 City vote: For234; Agn 75 2279 County vote: For203; Agn256 Hall Gainesville City Commission 4- 1-58 For 925 2820 Agn 169 Haralson Millage for education purposes. Not held as of 4-18-60 Henry 3127 Certain county officers on salary basis 5-21-58 For 346 Agn 206 Henry 3132 City of Stockbridge City vote: 4-30-58 For61; Agn 75 Outside City: For16; Agn116 Henry 3200 City of Hampton 4-30-58 City vote: For92; Agn3 Outside City: For37; Agn9 Henry 3367 City of McDonough Status unknown Jasper 2922 City of Monticello 6- 3-58 City vote: For147; Agn107 Outside City: For 15; Agn 50 Jeff Davis 3288 County Commissioners 4-19-58 For1025 Agn 901 Lowndes 2624 City of Valdosta 4-14-58 For 907 Agn 243 Newton 2269 City of Covington 7- 9-58 For 151 Ang 460 Polk 2468 Town of Van Wert 9-10-58 For 7 Agn 57 Pulaski 2826 Tax Commissioner 11- 4-58 For 222 Agn 235 Putnam 2980 City of Eatonton 6-11-58 For 42 Agn 257 Tift 2697 City of Tifton 5- 7-58 For 669 Agn 48 Tift 2696 City of Tifton 4-30-58 For 333 Agn 286 Tift 2930 City of Tifton Commissioners 5-28-58 For 338 Agn 338 Ware 2763 City of Manor 5-17-58 For 19 Agn 100 Wilkes 2091 County Commissioners 11- 4-58 For 749 Agn 98 White 3224 County Commissioners Not held This is a summary of the result of referendum elections which are of file and record in the office of Secretary of State. Referral to the page number, indicated in the second column, will enable the reader to determine the results of the individual referendum elections.

Page 1307

Georgia Laws, 1959: County Page No. SUBJECT Date of Election Result Bartow 2782 City of Cartersville 4-29-59 For 79 Agn 154 Bartow 2793 City of Cartersville 4-29-59 For 3 Agn 21 Bartow 2797 City of Adairsville 5-12-59 For 77 Agn 120 Bartow 2907 City of White (Sec. 2) 5-16-59 For 7 Agn 36 Bartow 2907 City of White 5-16-59 For 27 Agn 45 Bartow 2920 City of Kinston 5-16-59 For 49 Agn 2 Catoosa 2161 County Commissioners 3-28-59 For 718 Agn2430 Chattooga 2809 City of Summerville 5-23-59 For 160 Agn 462 Cherokee 2494 Certain County officers on salary basis 4- 4-59 For1522 Agn 509 Clayton Fulton 2499 City of College Park 5-18-59 For 14 Agn 38 Clayton Fulton 2508 City of College Park 5-18-59 For 0 Agn 0 Clayton Fulton 2516 City of College Park 5-18-59 For 5 Agn 0 Clayton Fulton 2521 City of College Park 5-18-59 For 3 Agn 0 Cobb 3142 City of AustellParcel #2 8-18-59 For 7 Agn 8 Cobb 3142 City of AustellParcel #3 8- 4-59 For 2 Agn 11 Cobb 3142 City of AustellParcel #1 For 5 4-12-60 Agn 49 Colquitt 2397 TaxationCity of Norman Park For 50 6- 8-59 Agn 81 Dougherty 2091 County Commissioners For 755 4- 8-59 Agn 417 Dougherty 3064 City of Albany For1413 5-25-59 Agn 710 Douglas 2871 City of Lithia Springs For 241 8-25-59 Agn 569 Douglas 3142 City of AustellParcel#4 * * See Cobb County1 of 4 elections held. 8-11-59 ** ** Certified copy of Order of Ordinary on file in this office, under date of January 5, 1960, declaring the election held August 11, 1959 to be null and void. For 14 Agn 15 Elbert 2627 County Commissioners 4- 8-59 For 804 Agn 436 Elbert 2621 Tax Commissioner 4- 8-59 For1041 Agn 203 Elbert 2624 Certain County officers on salary basis 4- 8-59 For1014 Agn 228 Emanuel 2592 City of Twin City 5- 4-59 For 200 Agn 162 Gwinnett 3161 City of Dacula 5- 9-59 For 82 Agn 45 Habersham 2178 City of Cornelia 4-13-59 For 102 Agn 91 McDuffie 2568 County officials on salary system 6-30-59 For 502 Agn 75 Meriwether and Talbot 2534 City of Manchester 4- 1-59 For 109 Agn 30 Newton 2780 City of Oxford 5- 1-59 For 30 Agn 36 Polk 2171 City of Cedartown 5-19-59 City vote: For387; Agn 75 County vote: For 86; Agn291 Polk 2732 Certain County officers on a salary basis 3-16-60 For4388 Agn1624 Toombs 2010 County Commissioners 4- 8-59 For1510 Agn 827 Turner 2575 County Commissioners Not held * * Act declared unconstitutional by Turner Superior Court and no election held. Union 2053 County Commissioners 3-17-59 For 810 Agn1629 This is a summary of the results of referendum elections which are of file and record in the office of Secretary of State. Referral to the page number, indicated in the second column, will enable the reader to determine the results of the individual referendum elections.

Page 1310

Georgia Laws 1960: County Page No. SUBJECT Date of Election Result Banks 3035 County Commissioners 9-14-60 For1197 Agn 767 Berrien 3301 City of Nashville 11- 8-60 For 466; Agn 418 Bibb 3223 Macon Bibb County incorporated 6- 1-60 City vote: For1902; Agn4288 Outside City vote: For1902; Agn7368 Payne City vote: For 37; Agn 55 Chatham 2273 Town of Thunderbolt 1-17-61 For 151 Agn 283 Chattooga 2715 Town of Trion 5- 5-60 For 53 Agn 25 Clarke 2234 City of Athens 4-13-60 For 270 Agn 522 Cobb 2127 City of Smyrna Status unknown Coweta 3020 City of Newnan 4-30-60 For320; Agn146 Douglas and Cobb 2118 City of Austell 3-26-60 For 27 Agn 38 Dodge 2608 Town of Rhine 4-27-60 For 146 Agn 4 DeKalb 3158 City of Decatur 12- 7-60 Status unknown Emanuel 2360 County Commissioners 11- 8-60 For 877 Agn2080 Evans 2251 City of Claxton Proposed Area: 5- 5-60 For 32; Agn 62 Within City vote: For379; Agn107 Franklin 2143 County Commissioner Advisory Board For2296 3- 9-60 Agn1038 Fulton Clayton 2849 City of College Park For 6 5-14-60 Agn 0 Fulton Clayton 2854 City of College Park For 21 5-16-60 Agn 15 Greene 3089 Tax Commissioner For 801 4-28-60 Agn 823 Greene 3093 Certain County officers on salary basis For822 4-28-60 Agn 835 Henry 3297 City of McDonough Inside City vote: 5-18-60 For61; Agn35 Outside City vote: Houston 2605 Tax Commissioner Agn 959 11- 8-60 For41; Agn83 Jefferson 2913 Town of Avera Status unknown For4057 [Illegible Text] [Illegible Text] [Illegible Text] [Illegible Text] [Illegible Text] Agn 193 Liberty 2237 County Commissioners 3-30-60 For1096 Agn 573 Lowndes 3125 City of Valdosta 4-15-60 For 87 Agn 656 McIntosh 2888 Clerk Superior Court 5-28-60 Status unknown McIntosh 2893 Sheriff 5-28-60 Status unknown McIntosh 2899 Tax Commissioner 5-28-60 Status unknown McIntosh 2904 Ordinary 5-28-60 Status unknown Mitchell 2301 City of Camilla 4-27-60 City of Camilla For 45; Agn15 Mitchell County For8; Agn 1 Morgan 2518 Certain County officers on salary basis 3-15-60 For1894 Agn 332 Murray 3180 City of Spring Place Status unknown Polk 2111 City of Cedartown 3-22-60 For 74 Agn 50 Pulaski 2991 Clerk Superior Court 9-14-60 For 798 Agn 962 Pulaski 2995 Tax Collector 9-14-60 For 803 Agn 952 Pulaski 2998 Ordinary 9-14-60 For 805 Agn 949 Pulaski 3001 Sheriff 9-14-60 For 810 Agn 953 Pulaski 3009 Tax Receiver 9-14-60 For 777 Agn 952 Rabun 2417 City of Clayton 5-25-60 For 46 Agn 160 Rockdale 2028 City of Conyers 3- 2-60 For 134 Agn 283 Stewart 2051 County Commissioner and creation of Advisory Board 3-16-60 For 418 Agn 297 Walton 2056 Certain County officers on salary basis 3- 9-60 For3092 Agn 918 Walton 2063 County Commissioners 3- 9-60 For2748 Agn1117 Walton 2067 Tax Commissioner 3- 9-60 For3181 Agn 900 Wayne 2202 County Commissioners 3- 4-60 For 458 Agn1672 Whitfield 2003 County Commissioner 3- 2-60 For 955 Agn1042 Whitfield 2007 Certain County officers on salary basis 3- 2-60 For1272 Agn 746 Whitfield 2019 Tax Commissioner 3- 2-60 For1227 Agn 806 This is a summary of the results of referendum elections which are of file and record in the office of Secretary of State. Referral to the page number, indicated in the second column, will enable the reader to determine the results of the individual referendum elections.

Page 1314

Georgia Laws, 1961: County Page No. SUBJECT Date of Election Result Appling 2197 City of Baxley 4-18-61 For 514 Agn 292 Bartow 2782 City of Cartersville 6-10-61 For 6 Agn 44 Void 1 Bartow 3382 City of Cartersville 6-10-61 For 29 Agn 20 Void 3 Bartow 3469 City of Cartersville 6-10-61 For 205 Agn 159 Void 2 Bibb 2441 City of Macon 5-24-61 City vote: For1560; Agn 445 Outside City vote: For12269; Agn9037 Carroll 3118 City of Carrollton 5-20-61 For 267 Agn 764 Void 7 Chatham 2969 City of Savannah 5-10-61 City of Savannah: For9176; Agn1679 Zone No. 1: For 886; Agn 759 Zone No. 2: For 123; Agn 277 Chatham 3072 Civil Service System 4-20-61 For 137 Agn 144 Chattooga 2658 City of Summerville 5-27-61 For 338 Agn 241 Colquitt 3041 City of Moultrie Not held Early 2245 City of BlakelyNorth City Limits 6-13-61 For 61 Agn 56 Void 3 Early 2260 City of BlakelySouth City Limits 6-14-61 For 35 Agn 56 Void 1 Forsyth 2252 City of Cumming 4- 1-61 City vote: For 108; Agn 26 Outside City vote: For 41; Agn 142 Gwinnett 2583 City of Norcross 5-20-61 City vote: For 45; Agn 25 Outside City vote: For 21; Agn 43 Gwinnett 3156 City of Suwanee 4-29-61 For 56 Agn 15 Laurens 2598 City of Dublin 8- 2-61 For1077 Agn 463 Meriwether 2760 City of Manchester 5- 3-61 For 614 Agn 322 Meriwether 3058 Creates Board County Commissioners 5-31-61 For 860 Agn 320 Meriwether 3223 Abolish office Treasurer 5-31-61 For 680 Agn 493 Meriwether 3416 Tax Commissioner compensation 5-31-61 For 940 Agn 243 Meriwether 3456 Certain County officers compensation 5-31-61 For 938 Agn 254 Monroe 2994 City of Forsyth 10- 4-61 For 668 Agn 245 Murray 3403 City of Spring Place 6-24-61 For 24 Agn 19 Pike 2704 City of Zebulon 5- 6-61 For 52 Agn 1 Polk 2931 City of Rockmart 12- 2-61 See below * * Result: City of RockmartFor: 669; Agn: 174 Ward 1 For: 22; Agn: 36 Ward 2 For: 0; Agn: 17 Ward 3 For: 0; Agn: 0 Ward 4 For: 6; Agn: 69 Ward 5 For: 0; Agn: 1 Sumter 3251 City of Americus 5- 9-61 For 331 Agn 954 Void 6 Troup 2650 City of West Point 4-26-61 For 143 Agn 224 This is a summary of the results of referendum elections which are of file and record in the office of Secretary of State. Referral to the page number, indicated in the second column, will enable the reader to determine the results of the individual referendum elections.

Page 1317

Georgia Laws, 1962: County Page No. SUBJECT Date of Election Result Bryan 2505 City of Richmond Hill 4- 4-62 For 153 Agn 119 Chatham 2707 Town of Pooler 4-26-62 For 110 Agn 114 Clarke 2677 City of Athens 5-23-62 For 643 Agn 521 Clarke 2751 City of Athens 4-25-62 For 1228 Agn 1361 Clayton Fulton 2592 City of College Park 5- 5-62 For 32 Agn 37 Clayton Fulton 2599 City of College Park 6- 1-62 For 214 Agn 1061 Clayton Fulton 3084 City of College Park 5-26-62 For 4 Agn 160 Columbia 2713 City of Martinez 9-12-62 For 85 Agn 573 Emanuel 2359 Board of County Commissioners 11-6-62 For 450 Agn 484 Fulton 2473 City of East Point 5- 9-62 For 1 Agn 3 Fulton 2854 City of East Point 5- 9-62 For 1 Agn 6 Fulton 2861 City of East Point 5- 9-62 For 6 Agn 31 Fulton 3130 City of East Point 5- 9-62 For 25 Agn 22 Gwinnett 2364 Unlawful to own and operate pinball machines, etc. 11- 6-62 For 1737 Agn 638 Henry 2403 Town of Locust Grove 4-25-62 For 20 Agn 27 Jackson 2620 City of Jefferson Not held Jackson 2624 City of Commerce 12- 5-62 Inside City For385; Agn108 Outside City For 58; Agn237 Laurens 2528 Town of Dudley 3-28-62 For 29 Agn 4 Laurens 3052 Office of County Treasurer abolished Not Held Meriwether 2244 City of Manchester 3-28-62 For 234 Agn 66 Meriwether 2396 City of Manchester 3-28-62 For 251 Agn 47 Meriwether 2422 City of Manchester 3-28-62 For 224 Agn 67 Meriwether 2603 City of Manchester 3-28-62 For 231 Agn 76 Meriwether 2613 City of Manchester 3-28-62 For 227 Agn 57 Mitchell 2158 City of Camilla 4-24-62 For 15 Agn 0 Murray 2576 City of Chatsworth 6-23-62 For 143 Agn 183 Muscogee 2164 Columbus-Muscogee Board of Commissionerscreation of Muscogee County 4-11-62 For6612; Agn9103 City of Columbus For5563; Agn6032 Newton 3072 City of Covington 4-25-62 For 550 Agn 167 Oglethorpe 3202 City Court of Lexingtonabolish 11- 6-62 For 392 Agn 180 Putnam 2440 Certain county officers, compensation 11- 6-62 For 626 Agn 129 Putnam 3048 Office of Tax Commissionercreated 11- 6-62 For 548 Agn 184 Terrell 2537 City of Dawson 7-11-62 Ext. 1Defeated Ext. 2Ratified Terrell 3186 City of Dawson Status unknown Upson 2074 City of Thomaston 4- 3-62 For 577 Agn 543 Warren 2981 Clerk Superior Court attend Court of Ordinary, when 11- 6-62 For 281 Agn 313 Washington 3038 City of Tennille 5- 2-62 In proposed areas For 13; Agn44 In City Tennille For139; Agn58 Wayne 3110 Board of County Commissionerscreation of 11- 6-62 For 664 Agn 449 Wilkinson 2847 Town of McIntyre 4- 7-62 For 70 Agn 21 This is a summary of the results of referendum elections which are of file and record in the office of Secretary of State. Referral to the page number, indicated in the second column, will enable the reader to determine the results of the individual referendum elections.

Page 1320

Georgia Laws, 1963: County Page No. SUBJECT Date of Election Result Baker 2928 Tax Collector and Tax Receivercompensation 4-25-63 For 581 Agn 343 Baldwin 3035 Civil and Criminal Court of Baldwin County created 5-28-63 For 142 Agn 346 Bartow 2066 Sheriff's deputies and jailerscompensation 4-10-63 For 721 Agn1170 Bartow 2070 Deputy Clerk of Superior Courtcompensation 4-10-63 For 545 Agn1330 Bartow 2074 Clerical help in office of the Ordinarycompensation 4-10-63 For 666 Agn1230 Bartow 2078 Clerical help in office of the County Commissionercompensation 4-10-63 For 532 Agn1343 Bartow 2082 Deputy Tax Commissionerclerical helpcompensation 4-10-63 For 511 Agn1356 Bartow 2086 County to furnish sheriff's office with automobiles, equipment and uniforms 4-10-63 For 714 Agn1172 Berrien 2627 Town of Enigma 6- 4-63 For 15 Agn 0 Bleckley 2382 Tax Commissionercreation of office 6- 5-63 For 209 Agn 436 Cherokee 2016 City of Canton 5- 1-63 For 45 Agn 29 Clayton 2723 Town of Lovejoy Not Held Clayton 2815 City of Riverdale Not Held Cobb 2781 Board of County Commissionerscreation of 1- 8-64 For2123 Agn4100 Colquitt 2203 City of Moultrie Status unknown DeKalb 3457 City of North Atlanta 7-11-63 For(1) 508 For(2) 55 For(3) 842 Dougherty 3630 City of Albany 7-29-63 For1034 Agn1406 Emanuel 2583 City of Swainsboro 5-13-63 Inside City: For 243 Agn 44 Outside City: For 81 Agn 41 Fulton 2887 City of East Point Not Held Glynn 3249 City of Brunswick 10- 1-63 For 798 Agn 570 Hall 3552 Board of County Commissioners 9- 3-63 For1421 Agn1571 Henry 2609 Board of County Commissioners 5-15-63 For Sec. 1 669 For Sec. 2 624 Houston 3330 City of Warner Robins 5- 7-63 For1127 Agn 776 Irwin 2602 Tax Commissionercreation of office For 91 Agn 279 Jackson 2575 City of Commerce 5-28-63 No Action Taken Meriwether 2332 City of Warm Springs No Action Taken Muscogee 2731 City of Columbus 6- 5-63 For3254 Agn1615 Newton 3017 Board of County Commissioners 5-15-63 For 333 Agn 669 Pulaski 3436 Tax Commissionercreation of office 6-18-63 For 354 Agn 321 Screven 2835 City of Sylvania 6- 4-63 For 160 Agn 79 Void 6 Talbot 2185 Board of County Commissioners 5-22-63 For 239 Agn 295 Telfair 2482 City of McRae 5- 1-63 For 130 Agn 3 Thomas 3402 City of Boston 5-20-63 For 45 Agn 126 Thomas 3405 City of Boston 5-20-63 For 52 Agn 127 Turner 2471 One member Board County Commissioner 4-24-63 For 249 Agn 603 Walton 2600 Tax Equalization Program 7-24-63 For 1715 Agn1838 Ware 2237 Board of County Commissioners 5-30-63 For 1727 Agn1373 Wilkes 2803 Certain County Officerscompensation 5-28-63 For 1304 Agn 119 Wilkes 3447 Tax Commissionercompensation 5-28-63 For 1281 Agn 130 This is a summary of the results of referendum elections which are of file and record in the office of Secretary of State. Referral to the page number, indicated in the second column, will enable the reader to determine the results of the individual referendum elections.

Page 1323

Georgia Laws, 1964: County Page No. SUBJECT Election Date of Result Appling 2681 Sheriff, clerk superior court, tax collector and tax receivercompensation 6-17-64 For 2543 Agn 848 Brooks 2776 City of Quitmancharter amendment Status unknown Chatham 2288 Town of Poolercharter amendment 4-15-64 For 124 Agn 61 Cherokee 2351 City of Woodstockcharter amendment Not held Cherokee 2431 City of Cantoncorporate limits 4- 8-64 For 174 Agn 394 Colquitt 2305 City of Moultriecharter amendment 10-20-64 For 1174 Agn 613 Cook 2093 County Commissionersmethod of election 3- 4-64 For 2003 Agn1612 Dodge 2954 City of Empirenew charter 6- 2-64 For 55 Agn 71 Fulton 2478 City of Union Citycharter repeal 5- 8-64 For 214 Agn 279 Gwinnett 2733 City of Suwaneenew charter 5-11-64 For 90 Agn 4 Hancock 2088 Sheriff, Ordinary and Clerk Superior Courtcompensation 4-22-64 For 251 Agn 64 Harris 2939 4-29-64 Inside: For 61 Agn 43 Outside: For 0 Agn 7 Hart 2028 Board of Financeelection members 9- 9-64 Question A: 1,246 Question B: 873 McDuffie 2095 Board of county commissionerscreation of 4-1-64 For 971 Agn1720 McDuffie 2104 Tax Commissionercreation of 4-1-64 For 985 Agn1708 McDuffie 2107 Sheriffcompensation 4-1-64 For 982 Agn1705 Meriwether 2154 Town of Greenvillecharter amendment Status unknown Meriwether 2412 City of Woodburycharter amendment 4-22-64 For 110 Agn 30 Monroe 2542 Board of county commissionersterms Not held Murray 2672 County Commissionercompensation 9-9-64 For1868 Agn1763 Peach 2627 Board of county commissionerscreation of 4-29-64 (3 questions) For/Against approval of creation of board For 509 Agn 502 For election of board by people For 692 For election of board by Grand Jury Agn 93 Pickens 2066 Board of county commissionerscreation of 3-4-64 For1822 Agn 144 Pickens 2078 City of Jaspercharter amendment 3-21-64 Inside City: For 43 Agn 3 Outside City: For 9 Agn 0 Thomas 2497 Sheriffcompensation 4-29-64 For1685 Agn 639 Tift 2208 City of Tiftoncommissioners powers 4-22-64 For 281 Agn 216 Tift 2361 City of Tiftoncharter amendment 4-22-64 For 136 Agn 368 Tift 2900 Board of County Commissionersmembership 5-13-64 For1992 Agn1290 Tift 3069 Board of county commissionersprovide bids 5-13-64 For2592 Agn 738 Walker 2014 Ordinarycompensation 2-18-64 For4695 Agn 285 Walker 2018 Tax Commissionercreation of 2-18-64 For4673 Agn 251 Walker 2024 Clerk Superior Courtcompensation 2-18-64 For4655 Agn 298 Walker 2643 Fire prevention districtsestablishment 2-15-65 For 246 Agn 41 (Fire district commissionerselected) 3-22-65 For 3 member board 81 votes for each candidate Ware 2455 Tax Commissionercreation of Not held * * Ware CountyAct declared unconstitutional by court order and no election was held. Whitfield 2175 Board County Commissionerscreation of 3-20-64 For3817 Agn2807 Wilkinson 2314 Tax Commissionercreation of 11-3-64 For 933 Agn 863 Baker 2096 Sheriffprovide annual salary 7-15-64 For 464 Agn 529 Barrow 2347 City of Windercharter amendment 9- 9-64 For507 Agn 372 Cobb 2075 Board of county commissionerscreation of 7- 8-64 For7297 Agn2791 Cobb 2179 City of Elizabethnew charter 10- 6-64 Not certified Dooly 2052 City of Byromvillecorporate limits Not held Fulton 2342 City of Alpharettacorporate limits 8-22-64 For 57 Agn 104 Troup 2256 City of Hogansville(Ad valorem tax for school purposes) 9- 2-64 For 200 Agn 410 Troup 2350 Small Claims and Committal Courtestablishment of LaGrange 11- 3-64 ** ** Troup County: Vote not known; Ordinary advises that Act was not ratified. Worth 2116 City of Sylvesternew charter 12- 2-64 For 216 Agn 32 This is a summary of the results of referendum elections which are of file and record in the office of Secretary of State. Referral to the page number, indicated in the second column, will enable the reader to determine the results of the individual referendum elections.

Page 1327

Georgia Laws, 1965: County Page No. SUBJECT Date of Election Result Appling 3142 Compensation of secretary of sheriff, tax commissions, etc. 11- 8-66 For 589 Agn 556 Appling 3361 Providing for an annual audit, etc. 11- 8-66 For 733 Agn 326 Baldwin 2306 City of Milledgevillecharter amendment 6- 2-65 For 544 Agn 462 Baldwin 2316 Board of County Commissionersamended 4- 7-65 For 801 Agn1878 Brooks 3226 City of Quitmancharter amendment Status unknown Chatham 3181 Isle of Hopeprovide certain facilities Status unknown Crisp 2167 City of Cordelecharter amendment 4-28-65 Status unknown Decatur 2819 City of Bainbridgecharter amendment 4- 7-65 For1148 Agn 688 Decatur 3245 Small Claims Court of Decatur Countycreated 6-16-65 For 447 Agn 472 Dooly 2582 City of Unadillacharter amendment 7-20-65 For 56 Agn 115 Echols 3160 City of Statenvillecharter amendment 7-14-65 For 72 Agn 75 Fulton 3391 City of College Parkcharter amendments Status unknown Habersham 2727 City of Corneliacharter amendment 5-12-65 For 92 Agn 123 Houston 2650 City Court of Warner Robinscreation of, etc 6-22-65 For1847 Agn1657 Jackson 3408 City of Jeffersoncharter amendments Status unknown Liberty 3342 Town of Allenhurstcreation of 5-10-65 For 51 For 0 Madison 3068 Compensation of certain county officers 6-16-65 * * Creating Act provides that this Act shall become effective on the date which receives more than one half of the votes cast in such election. Eff. 1-1-66 For1384 Eff. 1-1-67 For 422 McDuffie 2480 Changes compensation of coroner 5-12-65 For 105 Agn 58 Putnam 2862 Compensation of county commissioners 6-16-65 For 183 Agn 199 Thomas 2680 Creation of fire protection districts 6-16-65 ** ** Creating Act provides that the votes shall be tabulated separately for each respective Fire District. If more than one half of the votes cast in any Fire District, are for approval of the Act the Act shall become of full force in Fire District. Otherwise it shall be void and of no such effect in Fire District. Fire Dist. No. 1 For 226 Agn 49 Fire Dist. No. 2 For 116 Agn 46 Fire Dist. No. 3 For 364 Agn 535 Tift 2541 Change compensation of ordinary 6-16-65 For 953 Agn 353 Tift 2608 Compensation of clerk superior court 6-16-65 For 952 Agn 381 Tift 2705 Compensation of tax commissioner 6-16-65 For 943 Agn 361 This is a summary of the results of referendum elections which are of file and record in the office of the Secretary of State. Referral to the page number, indicated in the second column, will enable the reader to determine the results of the individual referendum elections.

Page 1329

Georgia Laws, 1966: County Page No. SUBJECT Election Date of Result Appling 2754 Board of County Commissioners 11-8-66 For 728 Agn 479 Atkinson 2107 County Court of Atkinson County 11-8-66 For 1004 Agn 704 Bartow 2144 City of Adairsville 4-2-66 For 167 Agn 48 Bartow 2454 City of Adairsville 4-2-66 For 210 Agn 105 Bryan 2466 City Court of Pembroke 9-14-66 For 368 Agn 1148 Bulloch 2316 City of Statesboro 11-8-66 For 265 Agn 183 Fulton 3337 City of Atlanta 5-11-66 Sandy Springs For-2504 Agn-5173 Adamsville For-198 Agn- 151 Floyd 3129 Floyd School District 4-12-66 For 1459 Agn 3759 Habersham 2404 City of Cornelia 4-27-66 For 150 Agn 115 Habersham 2625 City of Cornelia 4-27-66 For 149 Agn 114 Habersham 3102 City of Cornelia 4-27-66 For 144 Agn 118 Habersham 3144 City of Cornelia 4-27-66 For 157 Agn 105 Hall 3305 Recreating the Board of County Commissioners 11-8-66 For4842 Agn4335 Irwin 2472 Office of Tax Commissioner 4-27-66 For 184 Agn 387 Jackson 3025 City of Jefferson Not held Jeff Davis 2352 Creation of the City of Denton 4-6-66 For 162 Agn 58 Meriwether 2266 Compensation - Certain County Officers 11-8-66 For1495 Agn2994 Meriwether 2521 Town of Luthersville 5-7-66 For 40 Agn 19 Meriwether 3318 City of Woodbury 5-11-66 For 27 Agn 6 Meriwether 3403 City of Greenville 5-4-66 For 24 Agn 19 Miller 2867 City of Colquitt Not held Miller 3372 Small Claims Court of Miller Co. 5-4-66 For 180 Agn 153 Pike 3170 City of Zebulon 4-30-66 For 89 Agn 14 Stephens 2628 County Commissioners 11-8-66 For1443 Agn1554 Wayne 3099 City of Jesup 5-25-66 For1083 Agn 603 This is a summary of the results of referendum elections which are of file and record in the office of the Secretary of State. Referral to the page number, indicated in the second column, will enable the reader to determine the results of the individual referendum elections.

Page 1331

Georgia Laws 1967: County Page No. SUBJECT Date of Election Result Banks 2538 Election of county board of education members 6-28-67 For 333 Agn 219 Banks Habersham 2610 Town of Baldwincharter amendment Not held Barrow 3326 City of Stathamnew charter 5-19-67 For 185 Agn 93 Ben Hill 2987 Election of city board of education members, etc. 6-13-67 For 179 Agn 507 Bulloch 3483 City of Statesborocharter amendment 7-28-67 For 490 Agn 111 Bulloch 2997 Town of Brookletcharter amendment 9- 1-67 For 33 Agn 3 Catoosa 2207 Creation of Board of County Commissioners 4-15-67 For1139 Agn3373 Catoosa 2225 Election of members of county board of education 4-15-67 For1426 Agn2993 Chattahoochee 2530 Election of county board of education members Not held Clarke 2929 Board of Educationelection of members 6- 7-67 For 663 Agn 570 Clarke 3215 City of Athenseducational tax 11- 5-68 * * Date of General Election in 1968. For8480 Agn3398 Cook 2507 Election of county board of education members 8-16-67 For 584 Agn 135 Crisp 2691 Election of county board of education members 9-14-67 For 266 Agn 32 Dooly 2467 City of Viennacharter amendment 6-20-67 For 12 Agn 9 Dooly 2922 Election of board of education members, etc. 6-20-67 For 807 Agn 173 Echols 3491 City of Statenvillecharter amendment 5-15-67 For 62 Agn 106 Floyd 2163 City of Romecharter amendment 4-26-67 For 333 Agn 794 Gordon 2898 Fire protection services 6-21-67 For 286 Agn 111 Henry 2595 City of Stockbridgecharter amendment 5-13-67 Inside City For 101 Agn 87 Outside City For 43 Agn 475 Houston 2606 City of Warner Robinscharter amendment 4-25-67 For2292 Agn 680 Houston 3241 Appointment of county school superintendent 11- 7-67 For 1001 Agn2317 Houston 3244 Election of members of county board of education 11- 7-67 For2559 Agn 757 Lowndes 2118 Creation of the Town of Dasher 4-11-67 For 59 Agn 5 McDuffie 2169 Deputy sheriffcompensation 4-26-67 For1069 Agn 539 Meriwether 2011 City of Greenvillenew charter 4- 3-67 For 41 Agn 0 Murray 2458 City of Chatsworthcharter amendment 5-31-67 For 154 Agn 19 Newton 2405 Creation of new county board of education 5- 3-67 For1258 Agn 598 Newton 2784 Board of County Commissionerscreation of 5- 3-67 For1301 Agn 540 Pike 2448 Create office of Tax Commissioner 9- 6-67 For 454 Agn 52 Pike 3152 Election of members of county board of education, etc. 9- 6-67 For 441 Agn 65 Polk 2718 Election of members of county board of education 11- 5-68 * For3306 Agn1245 Pulaski 3463 Pulaski County and City of Hawkinsville school merger 11- 7-67 Pulaski County For 249 Agn 482 City of Hawkinsville For 466 Agn 236 Randolph 2243 Tax Commissionerchange compensation, etc. 4-26-67 Proposition #1 For1109 Proposition #2 For 782 Stephens 3005 Election of members of county board of education 5- 2-67 For 709 Agn1016 Stewart 3227 Clerk Superior Courtcompensation 11- 5-68 * For1097 Agn 88 Thomas 2115 City of Thomasvilletax rate for schools 3-28-67 For 841 Agn 398 Turner 2694 City of Sycamorecharter amendment 5-26-67 For 162 Agn 51 Union 3064 Sheriff's salary 6-28-67 For 235 Agn 790 Whitfield 2277 City of Daltoncharter amendment 4-19-67 For 516 Agn 607 This is a summary of the results of referendum elections which are of file and record in the office of the Secretary of State. Referral to the page number, indicated in the second column, will enable the reader to determine the results of the individual referendum elections.

Page 1334

Georgia Laws, 1968: County Page No. SUBJECT Date of Election Result Atkinson 2882 Board of county commissioners created 4-17-68 For 591 Agn 216 Bacon 3542 Office of Tax Commissioner created 6-11-68 For 400 Agn 321 Banks and Habersham 2400 Town of Baldwincharter amendment Status Unknown Berrien 2241 Board of County Commissionersmembership Not Held Bibb 2835 Board of Educationselection of members 11- 5-68 * * Date of General Election in year 1968. For14,736 Agn 7,193 Bleckley 2278 City of Cochranchange corporate limits 6-19-68 For 351 Agn 781 Candler 2446 County Board of Educationcreated 5- 7-68 For 296 Agn 467 Carroll 2256 County School Superintendentappointment of 4-24-68 For 250 Agn 1,341 Carroll 2841 County Board of Educationelection of members 4-24-68 For 547 Agn 1,087 Charlton 2342 City of Folkstoncharter amendment 9-11-68 For 118 Agn 145 Charlton 2984 Town of Homelandnew charter Status Unknown Chatham 2636 Board of Education of City of Savannah and Chatham County 11- 5-68 * For11,874 Agn11,276 Chattahoochee 2717 County Board of Educationelection of members 7-12-68 For 4 Agn 20 Cherokee 3751 Cherokee County School Systemchange districts 11- 5-68 * For 2,042 Agn 1,755 Coffee 2177 County Board of Educationcreation of new board 4-24-68 For 546 Agn 1,101 Coffee 2181 County Commissionerscreation of new board 4-24-68 For 508 Agn 1,100 Colquitt 2130 City of Moultriecharter amendment 4-23-68 For 540 Agn 715 Columbia 2708 County Board of Educationelection of members 9-11-68 For 2,048 Agn 320 Decatur 2565 County Board of Educationelection of members 5- 1-68 For 971 Agn 1,104 Decatur 2735 City of Bainbridgecharter amendment 6- 5-68 For 292 Agn 137 Douglas 2262 Appointment of county school superintendent 5-21-68 For 189 Agn 1,025 Douglas 3764 County Board of Educationelection members 5-21-68 For 498 Agn 686 Echols 3514 County Board of Educationelection members 11- 5-68 * For 457 Agn 38 Emanuel 2487 County Board of Educationelection members 4-24-68 For 405 Agn 633 Evans 3722 City of Daisyincorporation of City Status Unknown Glynn 2914 Brunswick-Glynn County Charter Commission Not held to date Gordon 2030 Board of County Commissionerscreation of 5-15-68 For 723 Agn 1,212 Grady 2120 County Board of Educationelection members 5-14-68 For 2,249 Agn 717 Gwinnett 2003 Board of County Commissionerscreation of 4-10-68 For Part I4,315 For Part II1,413 Henry 3375 Board of County Commissionerselection of 5-28-68 For 756 Agn 1,272 Irwin 2822 Office of Tax Commissioner created 5-28-68 For 191 Agn 547 Jefferson 3421 County Board of Educationadditional members 11- 5-68 * For 3,029 Agn 1,420 Jenkins 2960 Board of County Commissionersincrease membership 6-10-68 For 559 Agn 179 Jenkins 2965 County Board of Educationelection of 6-10-68 For 448 Agn 298 Macon 2663 Creation of Office of Tax Commissioner 5- 1-68 For 189 Agn 261 Miller 2529 County Board of Educationelection members 5-14-68 For 667 Agn 345 Paulding 2381 County Board of Educationelection members 7- 3-68 For 233 Agn 19 Pierce 2761 County Board of Educationelection members 11- 5-68 * For 812 Agn 1,377 Rabun 2272 Board of County Commissionerscreation of 4- 9-68 For 1,205 Agn 1,144 Sumter 2065 County Board of Educationelection members 5-21-68 For 626 Agn 483 Tift 2023 City of Tiftoncharter amendment 4- 3-68 For 408 Agn 310 Toombs 3424 County Board of Educationelection members 5-29-68 For 65 Agn 772 Walker 2152 City of Lookout Mountain created 5- 9-68 For 299 Agn 252 Walker 2235 County Board of Educationelection members 5- 9-68 For 1,155 Agn 887 Walton 2974 County Board of Educationelection members 6-18-68 For 1,709 Agn 265 Wayne 3361 County Board of Educationelection members 9-11-68 For 1,140 Agn 614 Whitfield 3065 City of Varnellincorporation of 5-23-68 For 41 Agn 5 Wilkes 3462 Town of Raylecharter created 5-17-68 For 43 Agn 4 This is a summary of the results of referendum elections which are of file and record in the office of Secretary of State. Referral to the page number, indicated in the second column, will enable the reader to determine the results of the individual referendum elections.

Page 1338

A PROCLAMATION BY THE GOVERNOR: WHEREAS: The following proposed amendments to the Constitution of Georgia of 1945, as amended, having been proposed by Resolutions in the Senate or the House of Representatives of the State of Georgia, and each having been agreed to by two-thirds of the members elected to each branch of the General Assembly and entered on the Journals of each of said branches with the Ayes and Nays taken thereon; and WHEREAS: The Governor, the Attorney General and the Secretary of State met and determined that the following proposed amendments to the Constitution were general; and WHEREAS: Said proposed amendments were published and submitted to the people (electors) of the entire State as required by Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended; and WHEREAS: The vote of the people (electors) of the entire State voting in favor of ratifying and against ratifying said proposed amendments have been counted, tabulated, computed and canvassed by the Secretary of State of the State of Georgia, and the results thereof certified to the Governor of the State of Georgia; and WHEREAS: The votes in favor of ratifying and the votes against ratifying the following proposed amendments are as follows: FOR AGAINST 1. (Ga. L. 1968 P. 1558) Proposed amendment to the Constitution to provide that the Lieutenant Governor-Elect shall succeed to the Governorship in the event of the death of the Governor-Elect. 686,680 107,195 2. (Ga. L. 1968 P. 1562) Proposed amendment to the Constitution to provide for a runoff election for Governor in the event no candidate received a majority of the votes cast in the general election. 698,345 90,625 3. (Ga. L. 1967 P. 913) Proposed amendment to the Constitution to provide for the apportionment of the Senate. 473,442 244,963 4. (Ga. L. 1967 P. 940) Proposed amendment to the Constitution to authorize the expenditure of State funds for school lunch purposes. 682,015 180,654 5. (Ga. L. 1968 P. 1560) Proposed amendment to the Constitution to provide that the Secretary of State, Attorney General, State School Superintendent, Comptroller General, Treasurer, Commissioner of Agriculture, and Commissioner of Labor shall be elected in the same manner as the Governor and the procedures relating to the election of the Governor shall apply to said officers and to provide that in the event of the death or withdrawal of any person elected to any such office prior to his taking office the Governor shall be authorized to fill such office. 549,289 179,996 6. (Ga. L. 1968 P. 1567) Proposed amendment to the Constitution to change the name and designation of the office of solicitor general to district attorney. 491,256 223,334 7. (Ga. L. 1968 P. 1573) Proposed amendment to the Constitution to authorize the General Assembly to provide by law for a program to grant scholarships or other assistance to the children of law enforcement officers, firemen and prison guards, who are permanently disabled or killed in the line of duty, to enable such children to acquire an education beyond the twelfth grade, or to enable such children to attend a vocational-technical school. 516,753 222,198 8. (Ga. L. 1968 P. 1597) Proposed amendment to the Constitution to authorize the General Assembly to provide by law for the issuance of revenue bonds for the purpose of making direct loans to students in order to allow such students to acquire an education beyond the twelfth grade. 461,108 273,969 9. (Ga. L. 1968 P. 1632) Proposed amendment to the Constitution to extend the homestead exemption for disabled veterans, to those veterans suffering from loss, or loss of use, of both lower extremities, such as to preclude locomotion without the aid of braces, crutches, canes or a wheelchair. 632,234 123,417 10. (Ga. L. 1968 P. 1686) Proposed amendment to the Constitution to increase the amount of loans and scholarships for medical students and to change the provisions relative to the repayment of such loans and scholarships, the State Medical Education Board and the Secretary of said Board. 473,576 255,399 11. (Ga. L. 1968 P. 1690) Proposed amendment to the Constitution to provide for an exemption of $4,000.00 from all State and county ad valorem taxes on the homestead of owners sixty-five (65) years of age or older whose net income as defined by Georgia law for income tax purposes when added to that of his spouse does not exceed $4,000.00 for the immediately preceding taxable year. 632,550 126,687 * * Please note that in Paragraph 2 proposed general amendments numbered 12, 13, 14 and 18 WERE DECLARED NOT TO BE A PART OF THE CONSTITUTION OF GEORGIA. 12. (Ga. L. 1968 P. 1565) Proposed amendment to the Constitution to provide for an independent General Assembly by electing the members thereof for four year terms at a different General Election from the one at which the Governor is elected. 291,603 440,198 * 13. (Ga. L. 1968 P. 1594) Proposed amendment to the Constitution to change the jurisdiction of justice of the peace in civil cases. 302,287 391,192 * 14. (Ga. L. 1968 P. 1627) Proposed amendment to the Constitution to provide for the creation of a new Game and Fish Commission. 274,833 449,258 15. (Ga. L. 1968 P. 1882) Proposed amendment to the Constitution to authorize the General Assembly to provide by law for reimbursing the employees of the Game and Fish Commission who received a retroactive pay raise in 1966 and were subsequently required to remit the amount of said raise to the State Treasurer. 381,164 317,809 16. (Ga. L. 1968 P. 1886) Proposed amendment to the Constitution to authorize the Department of Industry and Trade, in order to make Georgia competitive with other states in securing new business, industry and tourism, to expend available funds for the business meals and incidental expenses of bona fide industrial prospects and other persons who attend any meeting at the request of the Department to discuss the location or development of new business, in-industry and tourism, to expend available provide that all such expenditures shall be verified by vouchers showing the date, place, purpose and persons for whom such expenditures were made, and further provide that the State Auditor shall conduct an audit of such expenditures at least every six months. 404,067 298,616 17. (Ga. L. 1968 P. 1576) Proposed amendment to the Constitution to provide that the General Assembly may submit for ratification proposals to provide for a new Constitution as well as to submit proposed amendments to the Constitution and to provide that such proposals may not be vetoed by the Governor. 396,651 294,546 * 18. (Ga. L. 1968 P. 1588) Proposed amendment to the Constitution to provide that the marketing of milk and milk substitutes is in the public interest and may be regulated by the General Assembly. 370,628 391,554 19. (Ga. L. 1968 P. 1707) Proposed amendment to the Constitution to authorize the General Assembly to provide that programs for the promotion of agricultural products including provisions for quality and/or product control may be instituted, continued or terminated in accordance with the results of a referendum conducted among the producers of the product or products affected and to provide that the General Assembly may delegate to instrumentalities, public corporations, authorities and commissions created by it the right to impose, raise, lower or repeal assessments, fees or other charges upon the sale or processing of affected products and to collect the same after approval by the producers of such products in a referendum. 425,009 316,238 20. (Ga. L. 1968 P. 1606) Proposed amendment to the Constitution to provide that the General Assembly may create Development Authorities or authorize any county or municipal corporation or combinations thereof to create Development Authorities and authorize such authorities to issue revenue obligations for the purpose of developing industry, trade and employment opportunities. 362,314 319,541 21. (Ga. L. 1967 P. 935) Proposed amendment to the Constitution to remove the provisions freezing civil service preference for honorably discharged veterans of the State of Georgia as of a certain date, and to authorize the General Assembly to accord such veterans preference, point or otherwise, in any civil service program established in the state government or any political subdivision thereof. 423,045 262,432 22. (Ga. L. 1968 P. 1595) Proposed amendment to the Constitution to authorize the General Assembly to provide by law for the creation of an actuarially sound, participation retirement system for all employees of public schools who are not covered by the Teachers' Retirement System, including, but not limited to, school bus drivers, school lunchroom personnel, school maintenance personnel and school custodial personnel, and for the expenditure of State funds and the funds of county and independent boards of education for the support of said retirement system. 489,494 232,784 23. (Ga. L. 1967 P. 963) Proposed amendment to the Constitution to authorize the General Assembly, in its discretion, to create a new court or system of courts in and for each city of this State having a population of more than 300,000 according to the United States Decennial Census of 1960, and any future such United States Census; and to provide jurisdiction of such court or system of courts. 412,414 255,068

Page 1343

THEREFORE: I, Lester Maddox, Governor of the State of Georgia, do hereby proclaim that the proposed general amendments numbered 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 15, 16, 17, 19, 20, 21, 22 and 23, having been ratified according to the Constitution of the State of Georgia, according to the results of the November 1968 General Election held on Tuesday, November 5, 1968, and according to the certification delivered to me by the Secretary of State of the State of Georgia, are declared to be a part of the Constitution of the State of Georgia, effective this date. I, Lester Maddox, Governor of the State of Georgia, do hereby further proclaim that the proposed general amendments numbered 12, 13, 14 and 18, not having been ratified according to the Constitution of this State, according to the results of the November 1968 General Election held on Tuesday, November 5, 1968, and according to the certification delivered to me by the Secretary of State of the State of Georgia, are hereby declared not to be a part of the Constitution of Georgia. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of Georgia to be affixed hereto, at the State Capitol, in the City of Atlanta, on this the 2nd day of December, 1968, and of the Independence of the United States of America, the One Hundred and Ninety-Third.

Page 1344

Page 1345

A PROCLAMATION BY THE GOVERNOR: WHEREAS: The following proposed amendments to the Constitution of Georgia of 1945, as amended, having been proposed by Resolutions in the Senate or the House of Representatives of the State of Georgia, and each having been agreed to by two-thirds of the members elected to each branch of the General Assembly and entered on the Journals of each of said branches with the Ayes and Nays taken thereon; and WHEREAS: The Governor, the Attorney General and the Secretary of State met and determined that the following proposed amendments to the Constitution were not general and have determined the political subdivision or subdivisions directly affected by each of said proposed amendments; and WHEREAS: Each of said proposed amendments were published and submitted to the people (electors) of the political subdivision or subdivisions directly affected as required by Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended; and WHEREAS: The vote of the people (electors) of each of said subdivisions voting in favor of ratifying and voting against ratifying said proposed amendments have been counted, tabulated, computed and canvassed by the Secretary of State of the State of Georgia, and the results thereof certified to the Governor of the State of Georgia; and WHEREAS: The votes in favor of ratifying and the votes against ratifying the following proposed amendments are as follows: FOR AGAINST BALDWIN COUNTY 2,559 2,016 24. (Ga. L. 1968 P. 1841) Proposed amendment to the Constitution to provide that the governing authority of Baldwin County shall be authorized to levy an annual registration tax on no more than two motor vehicles in the county owned by any individual or firm; to provide for the payment of such tax no later than April 1 of each year; to provide for a penalty for delinquent registrations; and to provide that the tax collector of Baldwin County shall collect such taxes. BALDWIN COUNTY 3,935 1,375 25. (Ga. L. 1968 P. 1490) Proposed amendment to the Constitution to create the City of Milledgeville and Baldwin County Industrial Development Authority. BARTOW COUNTY 3,208 2,304 26. (Ga. L. 1968 P. 1852) Proposed amendment to the Constitution to authorize the governing authority of Bartow County to provide water, sewage, garbage disposal or fire protection services and to levy a tax for the purpose of constructing and maintaining facilities for such service. BLECKLEY COUNTY Bleckley County School District 779 846 Independent School District of City of Cochran 808 239 * * Please note that in Paragraph 2 proposed local amendments numbered 27, 32, 33, 38, 53, 59, 70, 79, 83, 93, 94, 114, 115 and 126 WERE DECLARED NOT TO BE A PART OF THE CONSTITUTION OF GEORGIA. 27. (Ga. L. 1968 P. 1795) Proposed amendment to the Constitution to create the Cochran-Bleckley School System by merging the independent School System of the City of Cochran and the county school system of Bleckley County. BRANTLEY COUNTY 932 129 28. (Ga. L. 1968 P. 1731) Proposed amendment to the Constitution to create the Brantley County Development Authority. BRYAN COUNTY 1,008 443 29. (Ga. L. 1968 P. 1680) Proposed amendment to the Constitution to create the Bryan County Industrial Development Authority. BUTTS COUNTY 1,355 607 30. (Ga. L. 1968 P. 1614) Proposed amendment to the Constitution to create the Butts County Industrial Development Authority. CALHOUN COUNTY 602 130 31. (Ga. L. 1968 P. 1672) Proposed amendment to the Constitution to create the Calhoun County Industrial Development Authority and to provide for powers, authority, funds, purposes and procedures connected therewith. CAMDEN COUNTY 479 660 * 32. (Ga. L. 1967 P. 920) Proposed amendment to the Constitution to authorize the governing authority of Camden County in the unincorporated areas thereof to adopt building, electrical, plumbing and other similar codes, to adopt planning and zoning ordinances, and to regulate construction of all types by requiring building permits. CHARLTON COUNTY 261 878 * 33. (Ga. L. 1967 P. 944) Proposed amendment to the Constitution to authorize the governing authority of Charlton County in the unincorporated areas thereof to adopt building, electrical, plumbing, and other similar codes, to adopt planning and zoning ordinances, and to regulate construction of all types by requiring building permits. CHATHAM COUNTY City of Savannah 10,094 3,284 34. (Ga. L. 1968 P. 1591) Proposed amendment to the Constitution to authorize the governing authority of the City of Savannah to establish historic zones within a designated area of the city of Savannah and enact appropriate planning and zoning ordinances applicable thereto. CHATHAM COUNTY City of Savannah 8,231 2,998 35. (Ga. L. 1967 P. 953) Proposed amendment to the Constitution to provide the procedure whereby taxes other than ad valorem property taxes may be levied in the City of Savannah and to provide for a subsequent reduction of ad valorem taxes on real and personal property based upon the amount of funds received from such additional tax levies. CHATHAM COUNTY 13,884 5,064 36. (Ga. L. 1968 P. 1745) Proposed amendment to the Constitution to provide the procedure whereby taxes other than ad valorem property taxes may be levied in Chatham County and to provide for a subsequent reduction of ad valorem taxes on real and personal property based upon the amount of funds received from such additional tax levies. CHATTAHOOCHEE COUNTY 118 112 37. (Ga. L. 1968 P. 1640) Proposed amendment to the Constitution to create the Chattahoochee County Industrial Development Authority. CHATTAHOOCHEE COUNTY Chattahoochee County School District 124 218 * 38. (Ga. L. 1967 P. 966) Proposed amendment to the Constitution to provide that the homestead exemption shall not apply to taxes which are assessed and collected by the taxing authorities of Chattahoochee County for the support and maintenance of education as recommended by the Chattahoochee County Board of Education. CHATTOOGA COUNTY Chattooga County School District 2,014 417 39. (Ga. L. 1968 P. 1764) Proposed amendment to the Constitution to provide staggered terms for the members of the Board of Education of Chattooga County. CHATTOOGA COUNTY 2,052 579 40. (Ga. L. 1968 P. 1766) Proposed amendment to the Constitution to provide that the proceeds of ad valorem taxes collected on motor vehicles by Chattooga County may be used by the governing authority of said county in the same calendar year in which such taxes are collected. CHEROKEE COUNTY 3,320 1,338 41. (Ga. L. 1968 P. 1545) Proposed amendment to the Constitution to create the Cherokee County Airport Authority. CHEROKEE COUNTY 3,701 1,121 42. (Ga. L. 1968 P. 1743) Proposed amendment to the Constitution to authorize the governing authority of Cherokee County to establish and administer fire protection districts in the unincorporated areas of said county and to levy a tax not to exceed five mills conditioned upon approval of the qualified voters of any such district voting in a special election on such question. CLARKE COUNTY Clarke County School District 9,506 2,541 44. (Ga. L. 1968 P. 1530) Proposed amendment to the Constitution to authorize the General Assembly to provide for the election of the members of the Clarke County Board of Education by the people from election districts within said county. CLAY COUNTY 367 56 45. (Ga. L. 1968 P. 1634) Proposed amendment to the Constitution to create the Clay County Industrial Development Authority and to provide for powers, authority, funds, purposes and procedures connected therewith. COBB COUNTY City of Acworth 714 121 46. (Ga. L. 1968 P. 1524) Proposed amendment to the Constitution to provide that residents of the City of Acworth who are 62 years of age or over, or who are totally disabled, and who have an income from all sources, including the income of certain members of the family, not exceeding $5,000.00 per annum, shall be granted a homestead exemption of $2,000.00 from ad valorem taxation by said City. COBB COUNTY Cobb County School District 13,908 9,735 47. (Ga. L. 1968 P. 1529) Proposed amendment to the Constitution to change the composition of Education District No. 2 in Cobb County. COBB COUNTY City of Marietta 4,437 649 48. (Ga. L. 1968 P. 1678) Proposed amendment to the Constitution to provide that residents of the City of Marietta who are 62 years of age or over, or who are totally disabled, and who have an income from all sources, including the income of certain members of the family, not exceeding $5,000.00 per annum, shall be granted a homestead exemption of $2,000.00 from ad valorem taxation by said City. COBB COUNTY 15,963 15,667 49. (Ga. L. 1967 P. 918) Proposed amendment to the Constitution to authorize the governing authority of Cobb County to district Cobb County into districts for the purpose of establishing and maintaining street light systems and to authorize such authority to levy a tax within such districts for the purpose of supporting such systems. COBB COUNTY 19,553 11,037 50. (Ga. L. 1967 P. 914) Proposed amendment to the Constitution to authorize the General Assembly to empower the governing authority of Cobb County to enact ordinances for the policing and governing of said county and the enforcement of all duties and powers now or hereafter vested in said governing authority and to provide penalties for violation of such ordinances; to authorize the enforcement of such ordinances by civil or criminal proceedsings in the Superior Court or Civil and Criminal Court of Cobb County or other courts established by the General Assembly. COBB COUNTY 18,907 13,157 51. (Ga. L. 1967 P. 927) Proposed amendment to the Constitution to provide that a sewerage district may encompass the entire County of Cobb and to authorize the issuance of general obligation bonds of the county to construct, maintain and operate a sewerage system therein. COWETA COUNTY 3,504 3,563 * 53. (Ga. L. 1968 P. 1449) Proposed amendment to the Constitution to repeal the local amendment to Article II, Section I, Paragraph I of the Constitution captioned Coweta CountyFire, Water, Etc. Districts, Georgia Laws, 1964, Vol. 1, page 906, et seq, and so as to authorize Coweta County to issue its general obligation water and sewerage bonds and to incur an additional bonded indebtedness for such purpose not to exceed seven per centum (7%) of the assessed value of taxable property therein subject to taxation for bond purposes, which debt limitation shall be in addition to the seven per centum (7%) debt limitation now imposed by this Constitution and to levy taxes without limitation as to rate or amount sufficient to pay the principal of and interest on said bonds as same mature and to levy taxes to pay the cost of operating, maintaining, repairing and improving the water and sewerage system of said County. COWETA COUNTY Coweta County School District 2,520 2,063 Independent School District of The City of Newnan 2,236 638 54. (Ga. L. 1968 P. 1452) Proposed amendment to the Constitution to create the Coweta County School System by merging the county school system of Coweta County and the independent school system of the City of Newnan. CRISP COUNTY City of Cordele 840 644 55. (Ga. L. 1968 P. 1715) Proposed amendment to the Constitution to create the Cordele Office Building Authority. CRISP COUNTY 1,564 881 56. (Ga. L. 1968 P. 1757) Proposed amendment to the Constitution to create the Crisp County-Cordele Industrial Development Authority. DADE COUNTY 1,532 389 57. (Ga. L. 1967 P. 907) Proposed amendment to the Constitution to create the Dade County Industrial Development Authority; to provide for powers, authority, funds, purposes and procedure connected therewith; to provide for issuing revenue bonds and for validation of such bonds. DECATUR COUNTY 4,303 499 58. (Ga. L. 1968 P. 1780) Proposed amendment to the Constitution to create the Decatur County-Bainbridge Industrial Development Authority. DECATUR COUNTY 1,851 1,980 * 59. (Ga. L. 1968 P. 1539) Proposed amendment to the Constitution to increase the jurisdiction of the justices of the peace in Decatur County. DEKALB COUNTY City of Decatur 3,879 1,176 60. (Ga. L. 1968 P. 1515) Proposed amendment to the Constitution to authorize the City of Decatur to construct and maintain off-street parking facilities. DOOLY COUNTY 1,083 744 62. (Ga. L. 1968 P. 1768) Proposed amendment to the Constitution to create the Dooly County Industrial Development Authority; to provide for powers, authority, funds, purposes and procedure connected therewith; to provide for issuing revenue bonds and for the validation of such bonds. DOUGLAS COUNTY 3,283 1,606 64. (Ga. L. 1968 P. 1791) Proposed amendment to the Constitution to authorize the governing authority of Douglas County to establish water, sanitation, sewerage and fire protection districts within the unincorporated areas of Douglas County and within the corporate limits of the municipalities located in said County with the approval of the governing authorities of said municipalities to provide that said governing authority may administer water, sanitation, sewerage and fire protection systems in said districts; to provide that said governing authority may levy taxes, issue bonds and revenue bonds to operate, maintain and administer such districts and systems; to provide what property shall be taxed for such purposes; to provide for the right of eminent domain. DOUGLAS COUNTY 3,060 1,718 65. (Ga. L. 1967 P. 916) Proposed amendment to the Constitution to authorize the General Assembly to provide for the creation of a Civil Service System and a Retirement System for all present and future officers and employees of Douglas County. EARLY COUNTY 2,160 164 66. (Ga. L. 1968 P. 1608) Proposed amendment to the Constitution to create the Early County Industrial Development Authority and to provide for powers, authority, funds, purposes and procedures connected therewith. EFFINGHAM COUNTY 1,873 289 67. (Ga. L. 1968 P. 1733) Proposed amendment to the Constitution to create the Effingham County Industrial Development Authority. ELBERT COUNTY 2,488 1,127 68. (Ga. L. 1968 P. 1600) Proposed amendment to the Constitution to create the Elbert County Industrial Building Authority. EVANS COUNTY 674 131 69. (Ga. L. 1968 P. 1556) Proposed amendment to the Constitution to create the Evans County Industrial Development Authority. FANNIN COUNTY City of Blue Ridge 224 364 * 70. (Ga. L. 1968 P. 1828) Proposed amendment to the Constitution to create the City of Blue Ridge Industrial Development Authority; to provide for powers, authority, funds, purposes and procedure connected therewith; to provide for issuing revenue bonds and for the validation of such bonds. FAYETTE COUNTY 1,345 1,122 71. (Ga. L. 1968 P. 1517) Proposed amendment to the Constitution to authorize and empower the governing authority of the County of Fayette to establish and administer water, sewerage and fire protection districts, and to levy taxes, to issue bonds and have the power of eminent domain in connection therewith. FLOYD COUNTY 10,292 3,700 72. (Ga. L. 1967 P. 930) Proposed amendment to the Constitution to authorize the creation of a Merit System of employment for any or all present and future employees of Floyd County. FLOYD COUNTY Floyd County School District 5,742 2,524 73. (Ga. L. 1968 P. 1584) Proposed amendment to the Constitution to authorize the Board of Education of Floyd County to establish and participate in the cost of maintaining insurance, workmen's compensation and hospital programs for its employees. FLOYD COUNTY Floyd County School District 5,663 2,569 74. (Ga. L. 1968 P. 1798) Proposed amendment to the Constitution to provide for staggered terms for the members of the County Board of Education of Floyd County. FULTON COUNTYCity of Atlanta 45,980 22,804 DEKALB COUNTYCity of Atlanta 2,852 1,711 75. (Ga. L. 1968 P. 1826) Proposed amendment to the Constitution to authorize the governing authority of the City of Atlanta to establish historic zones within a designated area of the City of Atlanta and enact appropriate planning and zoning ordinances applicable thereto. FULTON COUNTYCity of Atlanta 39,117 35,737 DEKALB COUNTYCity of Atlanta 2,270 2,525 76. (Ga. L. 1968 P. 1586) Proposed amendment to the Constitution to authorize the City of Atlanta to issue in any one year not in excess of $4,000,000 in principal amount of general obligation bonds for any lawful public purpose other than school purposes without a referendum but subject to certain limitations. FULTON COUNTYCity of Atlanta 44,093 31,606 DEKALB COUNTYCity of Atlanta 2,598 2,268 77. (Ga. L. 1968 P. 1589). Proposed amendment to the Constitution to authorize the City of Atlanta to incur bonded indebtedness to the extent of 45 million dollars in addition to any other indebtedness which the City is now or may hereafter be authorized to incur, for the purpose of providing funds to acquire, construct, equip and improve school buildings and facilities of the City school system without a referendum. FULTON COUNTYCity of Atlanta 42,877 32,846 DEKALB COUNTYCity of Atlanta 2,578 2,242 78. (Ga. L. 1968 P. 1582) Proposed amendment to the Constitution to authorize the City of Atlanta to issue in any one year not in excess of $4,000,000 in principal amount of general obligation bonds for school purposes without a referendum but subject to certain limitations. FULTON COUNTYCity of Atlanta 34,607 37,021 DEKALB COUNTYCity of Atlanta 2,057 2,673 * 79. (Ga. L. 1968 P. 1579) Proposed amendment to the Constitution to authorize the City of Atlanta to incur debt to the extent of fifteen per centum (15%) of the assessed value of all the taxable property therein, of which debt, eight per centum (8%) shall be for indebtedness incurred for all lawful corporate purposes prior to November 6, 1956, and existing indebtedness incurred since November 6, 1956 and indebtedness hereafter incurred, for all lawful corporate purposes other than school purposes, and seven per centum (7%) shall be for existing indebtedness incurred since November 6, 1956 and indebtedness hereafter incurred, for school purposes. FULTON COUNTY 58,485 42,552 80. (Ga. L. 1968 P. 1571) Proposed amendment to the Constitution to authorize Fulton County to idemnify the Tax Commissioner and his bondsman from loss by reason of acceptance of uncertified checks in payment of automobile license fees. FULTON COUNTY 66,000 34,864 81. (Ga. L. 1967 P. 969) Proposed amendment to the Constitution authorizing Fulton County, within the unincorporated areas of said County, to regulate traffic and parking, and to provide for misdemeanor punishment for violation of such regulations. FULTON COUNTY 71,788 24,254 82. (Ga. L. 1967 P. 941) Proposed amendment to the Constitution to provide for a direct method of appeal from the Criminal Court of Fulton County to the Supreme Court and the Court of Appeals of Georgia so that said Appellate Courts shall have original jurisdiction to try and correct errors of law from the Criminal Court of Fulton County. FULTON COUNTY 35,632 62,092 * 83. (Ga. L. 1967 P. 938) Proposed amendment to the Constitution to authorize Fulton County to issue general obligation bonds without a referendum but subject to certain limitations. GILMER COUNTY 1,126 690 84. (Ga. L. 1968 P. 1488) Proposed amendment to the Constitution to authorize the tax commissioner of Gilmer County to collect tax fi. fas. issued by the tax commissioner. GILMER COUNTY 1,341 464 85. (Ga. L. 1967 P. 958) Proposed amendment to the Constitution to create the Gilmer County Industrial Developmental Authority. GLASCOCK COUNTY 300 72 86. (Ga. L. 1968 P. 1866) Proposed amendment to the Constitution to create the Glascock County Industrial Development Authority. GWINNETT COUNTY Gwinnett County School District 9,947 3,726 87. (Ga. L. 1968 P. 1887) Proposed amendment to the Constitution to change the provisions relating to the filling of vacancies on the Board of Education of Gwinnett County. GWINNETT COUNTY 10,633 3,418 88. (Ga. L. 1968 P. 1884) Proposed amendment to the Constitution to authorize the creation of a Merit System of employment for any or all present and future employees of Gwinnett County. HALL COUNTY 7,266 3,097 89. (Ga. L. 1967 P. 968) Proposed amendment to the Constitution to authorize the General Assembly to provide by law for the creation of a civil service system of personnel administration for all persons, other than elected officials, whose salaries are paid out of the funds of Hall County. HARRIS COUNTY Town of Waverly Hall 117 42 90. (Ga. L. 1968 P. 1844) Proposed amendment to the Constitution to create the Town of Waverly Hall Development Authority. HENRY COUNTY 4,056 1,956 91. (Ga. L. 1968 P. 1774) Proposed amendment to the Constitution to authorize Henry County to issue its general obligation water and sewerage bonds and to incur an additional bonded indebtedness for such purpose not to exceed seven per centum (7%) of the assessed value of taxable property therein subject to taxation for bond purposes, which debt limitation shall be in addition to the seven per centum (7%) debt limitation now imposed by this Constitution and to levy taxes without limitation as to rate or amount sufficient to pay the principal of and interest on said bonds as same mature and to levy taxes to pay the cost of operating, maintaining, repairing and improving the water and sewerage system of said county. HENRY COUNTY 4,000 1,978 92. (Ga. L. 1968 P. 1739) Proposed amendment to the Constitution to authorize the governing authority of Henry County to levy a tax not to exceed two mills per dollar on all taxable property located in Henry County for water and water and sewerage purposes and to guarantee payment, in whole or in part, of water or water and sewerage revenue bonds issued, from time to time, by the County and the Henry County Water Authority and to otherwise support and maintain the operations of a water or water and sewerage system of Henry County. HENRY COUNTY 1,998 3,537 * 93. (Ga. L. 1968 P. 1741) Proposed amendment to the Constitution to authorize the General Assembly to change the form of government of Henry County and to provide for a county manager and to provide for all matters relative to the foregoing by local law. HOUSTON COUNTY 4,828 4,976 * 94. (Ga. L. 1968 P. 1807) Proposed amendment to the Constitution to create the Houston County Building Commission and to provide for powers, authority, limitations, funds, purposes, and procedures connected therewith and to authorize the Commission to issue its bonds and to provide the method and manner of such issuance and validation and the effect thereof. HOUSTON COUNTY 5,721 4,260 95. (Ga. L. 1968 P. 1805) Proposed amendment to the Constitution to authorize the General Assembly to create a special court in Houston County. JACKSON COUNTY 2,760 1,234 96. (Ga. L. 1968 P. 1800) Proposed amendment to the Constitution to create the Jackson County Industrial Development Authority. JASPER COUNTY 1,747 150 97. (Ga. L. 1968 P. 1550) Proposed amendment to the Constitution to create the Jasper County Industrial Development Authority. McINTOSH COUNTY 1,445 236 101. (Ga. L. 1968 P. 1834) Proposed amendment to the Constitution to create the McIntosh County Industrial Development Authority. MERIWETHER COUNTY 3,085 621 102. (Ga. L. 1967 P. 901) Proposed amendment to the Constitution to create the Meriwether County Industrial Development Authority and to provide for powers, authority, funds, purposes and procedures connected therewith. MILLER COUNTY 712 332 103. (Ga. L. 1968 P. 1543) Proposed amendment to the Constitution to create the Colquitt and Miller County Development Authority. MUSCOGEE COUNTY 17,426 3,923 104. (Ga. L. 1968 P. 1526) Proposed amendment to the Constitution to authorize the General Assembly to empower Muscogee County to adopt ordinances for policing the public property, roads and streets, of Muscogee County, and the Muscogee County Airport; to provide for the enforcement of County ordinances; to authorize the creation of a recorder's court, or authorize the use of the Municipal Court of Columbus; and to authorize the regulation and licensing of businesses in the unincorporated area of Muscogee County. MUSCOGEE COUNTY 13,148 8,194 105. (Ga. L. 1968 P. 1540) Proposed amendment to the Constitution to provide for the establishment of sanitary districts and service charges for garbage disposal facilities within Muscogee County. MUSCOGEE COUNTY 17,037 4,141 City of Columbus 12,352 2,241 106. (Ga. L. 1968 P. 1508) Proposed amendment to the Constitution to authorize the General Assembly to provide by local Act for the creation of a charter commission to study all matters relating to the consolidation of the government of the City of Columbus and the County of Muscogee and for the establishment of successor government with powers and jurisdiction throughout the territorial limits of Muscogee County and to draft a charter to create such successor government, which proposed charter shall be submitted to the voters of Muscogee County, and the voters of the City of Columbus, and which charter shall be required to receive a majority vote of the qualified voters voting in each of said agencies of government. MUSCOGEE COUNTY 17,245 4,156 107. (Ga. L. 1968 P. 1655) Proposed amendment to the Constitution to create the Muscogee County Airport Commission. MUSCOGEE COUNTY 17,757 3,737 108. (Ga. L. 1967 P. 947) Proposed amendment to the Constitution to create the Muscogee County Industrial Development Authority. PUTNAM COUNTY 1,028 344 110. (Ga. L. 1968 P. 1860) Proposed amendment to the Constitution to create the Putnam County Development Authority. QUITMAN COUNTY 350 11 111. (Ga. L. 1968 P. 1620) Proposed amendment to the Constitution to create the Quitman County Industrial Development Authority. RICHMOND COUNTY 8,896 3,984 113. (Ga. L. 1968 P. 1506) Proposed amendment to the Constitution to authorize the General Assembly to empower the governing authority of Richmond County to adopt ordinances for the policing of Richmond County and to provide penalties for violations of such ordinances. ROCKDALE COUNTY Rockdale County School District 1,455 1,705 * 114. (Ga. L. 1968 P. 1878) Proposed amendment to the Constitution to increase the debt limitation in the Rockdale County School District from Seven (7%) Per Cent to Ten (10%) Per Cent of assessed values of all taxable property therein. SCREVEN COUNTY 1,064 1,157 * 115. (Ga. L. 1968 P. 1755) Proposed amendment to the Constitution to authorize the governing authority of Screven County to levy a tax not to exceed one mill for the purpose of securing a fund to be set aside and used by the Sylvania-Screven Airport Authority. SPALDING COUNTY 4,502 2,386 116. (Ga. L. 1968 P. 1704) Proposed amendment to the Constitution to authorize the General Assembly of Georgia to empower the governing authority of Spalding County to establish and administer fire protection districts and levy taxes on the property in such districts, without the allowance of any exemptions from taxation, after the assent of a majority of the qualified voters voting in an election held thereon in the affected area. STEPHENS COUNTY 2,104 786 117. (Ga. L. 1968 P. 1854) Proposed amendment to the Constitution to create the Stephens County Industrial Development Authority; to provide for powers, authority, funds, purposes and procedure connected therewith; to provide for issuing revenue bonds and for the validation of such bonds. STEPHENS COUNTY 2,841 447 118. (Ga. L. 1967 P. 925) Proposed amendment to the Constitution to authorize the General Assembly to empower the governing authority of Stephens County to establish and administer fire protection districts after a favorable vote by a majority of the qualified voters voting in an election held thereon in the affected area. STEWART COUNTY 1,097 88 119. (Ga. L. 1968 P. 1647) Proposed amendment to the Constitution to create the Stewart County Industrial Development Authority. TALBOT COUNTY City of Woodland 148 23 120. (Ga. L. 1968 P. 1699) Proposed amendment to the Constitution to create the City of Woodland Development Authority. TATTNALL COUNTY 1,522 642 121. (Ga. L. 1968 P. 1662) Proposed amendment to the Constitution to create the Tattnall County Industrial Development Authority and to provide for powers, authority, funds, purposes and procedures connected therewith. TAYLOR COUNTY 1,647 246 122. (Ga. L. 1968 P. 1709) Proposed amendment to the Constitution to create the Taylor County Industrial Development Authority. WARE COUNTY 2,960 2,547 125. (Ga. L. 1968 P. 1880) Proposed amendment to the Constitution to provide that the powers, duties and responsibilities of the sheriff of Ware County, as they relate to the enforcement of criminal laws of the United States, this State and any political subdivision thereof, shall be exercised by a county police force which shall be established by the governing authority of Ware County. WARREN COUNTY 441 572 * 126. (Ga. L. 1968 P. 1872) Proposed amendment to the Constitution to create the Warren County Industrial Development Authority. WEBSTER COUNTY 522 42 127. (Ga. L. 1968 P. 1748) Proposed amendment to the Constitution to create the Webster County Industrial Development Authority. WHITFIELD COUNTY 4,816 1,754 128. (Ga. L. 1968 P. 1482) Proposed amendment to the Constitution to create the Whitfield County Development Authority. WHITFIELD COUNTY 4,475 2,082 129. (Ga. L. 1958 P. 1466) Proposed amendment to the Constitution to create The City of Dalton Building Authority and provide for powers, authority, limitations, funds, purposes and procedures connected therewith and to authorize the Authority to issue its revenue bonds and to provide the method and manner of such issuance and the validation and effect thereof.

"GA1969.1.1366">

THEREFORE: I, Lester Maddox, Governor of the State of Georgia, do hereby proclaim that the proposed amendments which are not general numbered 24, 25, 26, 28, 29, 30, 31, 34, 35, 36, 37, 39, 40, 41, 42, 44, 45, 46, 47, 48, 49, 50, 51, 54, 55, 56, 57, 58, 60, 62, 64, 65, 66, 67, 68, 69, 71, 72, 73, 74, 75, 76, 77, 78, 80, 81, 82, 84, 85, 86, 87, 88, 89, 90, 91, 92, 95, 96, 97, 101, 102, 103, 104, 105, 106, 107, 108, 110, 111, 113, 116, 117, 118, 119, 120, 121, 122, 125, 127, 128 and 129, having been ratified according to the Constitution of the State of Georgia, according to the results of the November 1968 General Election held on Tuesday, November 5, 1968, and according to the certification delivered to me by the Secretary of State of the State of Georgia, are declared to be a part of the Constitution of the State of Georgia. I, Lester Maddox, Governor of the State of Georgia, do hereby further proclaim that the proposed amendments which are not general numbered 27, 32, 33, 38, 53, 59, 70, 79, 83, 93, 94, 114, 115 and 126, not having been ratified according to the Constitution of this State, according to the results of the November 1968 General Election held on Tuesday, November 5, 1968, and according to the certification delivered to me by the Secretary of State of the State of Georgia, are hereby declared not to be a part of the Constitution of Georgia.

"GA1969.1.1367">

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of Georgia to be affixed hereto, at the State Capitol, in the City of Atlanta, on this the 13th day of December, 1968, and of the Independence of the United States of America, the One Hundred and Ninety-Third.

"GA1969.1.1368">

A PROCLAMATION BY THE GOVERNOR: WHEREAS: The following proposed amendment to the Constitution of Georgia of 1945 as amended, having been proposed by Resolution in the House of Representatives of the State of Georgia, and having been agreed to by two-thirds of the members elected to each branch of the General Assembly and entered on the Journals of each of said branches with the Ayes and Nays taken thereon; and WHEREAS: The Governor, the Attorney General and the Secretary of State met and determined that the following proposed amendment to the Constitution was not general and have determined the political subdivision or subdivisions directly affected by said proposed amendment; and WHEREAS: Said proposed amendment was published and submitted to the people (electors) of the political subdivision or subdivisions directly affected as required by Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended; and WHEREAS: The vote of the people (electors) of each of said subdivisions voting in favor of ratifying and voting against ratifying said proposed amendment have been counted, tabulated, computed and canvassed by the Secretary of State of the State of Georgia, and the results thereof certified to the Governor of the State of Georgia; and WHEREAS: The votes in favor of ratifying and the votes against ratifying the following proposed amendment are as follows: BALLOT NUMBER PROPOSED AMENDMENT AND POLITICAL SUBDIVISION OR SUBDIVISIONS AFFECTED FOR AGAINST RICHMOND COUNTY 11,505 5,180 112. (Ga. L. 1968 P. 1787) CITY OF AUGUSTA 4,721 1,332 CITY OF HEPHZIBAH 71 57 Proposed amendment to the Constitution to provide that the General Assembly shall have the power, by local act, to create, designate, vest powers and duties, set terms and compensation, establish functions, combine and consolidate municipal and county public agencies, departments, boards, bureaus, commissions, and governing authorities within Richmond County.

"GA1969.1.1369">

THEREFORE: I, Lester Maddox, Governor of the State of Georgia, do hereby proclaim that the proposed amendment which is not general numbered 112, having been ratified according to the Constitution of the State of Georgia, according to the results of the November 1968 General Election held on Tuesday, November 5, 1968, and according to the certification delivered to me by the Secretary of State of the State of Georgia, is declared to be a part of the Constitution of the State of Georgia. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of Georgia to be affixed hereto, at the State Capitol, in the City of Atlanta, on this the 12th day of February, 1969, and of the Independence of the United States of America, the One Hundred and Ninety-Third.

"GA1969.1.1370">

A PROCLAMATION BY THE GOVERNOR: WHEREAS: The following proposed amendments to the Constitution of Georgia of 1945, as amended, having been proposed by Resolutions in the Senate or the House of Representatives of the State of Georgia, and each having been agreed to by two-thirds of the members elected to each branch of the General Assembly and entered on the Journals of each of said branches with the Ayes and Nays taken thereon; and WHEREAS: The Governor, the Attorney General and the Secretary of State met and determined that the following proposed amendments to the Constitution were not general and have determined the political subdivision or subdivisions directly affected by each of said proposed amendments; and WHEREAS: Each of said proposed amendments were published and submitted to the people (electors) of the political subdivision or subdivisions directly affected as required by Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended; and WHEREAS: The vote of the people (electors) of each of said subdivisions voting in favor of ratifying and voting against ratifying said proposed amendments have been counted, tabulated, computed and canvassed by the Secretary of State of the State of Georgia, and the results thereof certified to the Governor of the State of Georgia; and WHEREAS: The votes in favor of ratifying and the votes against ratifying the following proposed amendments are as follows: BALLOT NUMBER PROPOSED AMENDMENT AND POLITICAL SUBDIVISION OR SUBDIVISIONS AFFECTED FOR AGAINST CLARKE COUNTY 8,480 3,398 43. (Ga. L. 1968 P. 1822) CITY OF ATHENS 6,403 2,297 Proposed amendment to the Constitution to provide the procedure whereby taxes other than ad valorem property taxes may be levied by Clarke County and the City of Athens and to provide for a subsequent reduction of ad valorem taxes on real and personal property based upon the amount of funds received from such additional tax levies. COBB COUNTY 18,724 12,960 CITY OF ACWORTH 770 366 CITY OF BIG SHANTY 753 392 CITY OF AUSTELL 914 687 CITY OF ELIZABETH 1,270 879 CITY OF CLARKDALE 112 52 CITY OF MARIETTA 2,821 1,575 CITY OF SMYRNA 2,806 1,835 CITY OF POWDER SPRINGS 872 543 52. (Ga. L. 1967 P. 927 Proposed amendment to the Constitution to authorize the governing authority of Cobb County to create indebtedness and issue general obligation bonds for the construction, maintenance and operation of sanitary and storm sewers and sewage disposal plants within the unincorporated areas of said county and within incorporated municipalities of said county only upon the approval of the issuance of such bonds by the voters affected by such issuance. DODGE COUNTY 3,592 378 61. (Ga. L. 1968 P. 1693) CITY OF EASTMAN 1,811 162 Proposed amendment to the Constitution to provide for the creation of the Dodge County-Eastman Development Authority. LOWNDES COUNTY 2,357 2,578 * * Please note that in Paragraph 2 proposed local amendment numbered 100 WAS DECLARED NOT TO BE A PART OF THE CONSTITUTION OF GEORGIA. 100. (Ga. L. 1968 P. 1777) CITY OF VALDOSTA 2,122 1,845 Proposed amendment to the Constitution to delegate to the respective governing authorities of the City of Valdosta and County of Lowndes authority to merge and consolidate by joint resolution, and with or without an enabling act of the General Assembly of Georgia, the offices, officers and functions of the City of Valdosta and the County of Lowndes relating to the time, manner and method for the return, collection, property assessment, notice of property assessment, hearing, appeal, arbitration or review of property assessment, lien, priority of lien and collection of ad valorem taxes levied by the City of Valdosta, County of Lowndes and State of Georgia and respecting any and all other matters relating or incident to the same. WARE COUNTY 3,115 2,342 124. (Ga. L. 1968 P. 1846) CITY OF WAYCROSS 2,160 797 Proposed amendment to the Constitution to authorize the General Assembly to provide by law for the modification or for the abolishment and consolidation into a single county-wide government of the existing governments of Ware County and the City of Waycross and for all matters relative thereto, provided any law enacted pursuant to such authority is submitted to the people for approval or rejection.

"GA1969.1.1372">

THEREFORE: I, Lester Maddox, Governor of the State of Georgia, do hereby proclaim that the proposed amendments which are not general numbered 43, 52, 61 and 124, having been ratified according to the Constitution of the State of Georgia, according to the results of the November 1968 General Election held on Tuesday, November 5, 1968, and according to the certification delivered to me by the Secretary of State of the State of Georgia, are declared to be a part of the Constitution of the State of Georgia. I, Lester Maddox, Governor of the State of Georgia, do hereby further proclaim that the proposed amendment which is not general numbered 100, not having been ratified according to the Constitution of this State, according to the results of the November 1968 General Election held on Tuesday, November 5, 1968, and according to the certification delivered to me by the Secretary of State of the State of Georgia, is hereby declared not to be a part of the Constitution of Georgia.

"GA1969.1.1373">

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of Georgia to be affixed hereto, at the State Capitol, in the City of Atlanta, on this the 9th day of April, 1969, and of the Independence of the United States of America, the One Hundred and Ninety-Third.

"GA1969.1.1374">

A PROCLAMATION BY THE GOVERNOR: WHEREAS: The following proposed amendments to the Constitution of Georgia of 1945, as amended, having been proposed by Resolution in the House of Representatives of the State of Georgia, and having been agreed to by two-thirds of the members elected to each branch of the General Assembly and entered on the Journals of each of said branches with the Ayes and Nays taken thereon; and WHEREAS: The Governor, the Attorney General and the Secretary of State met and determined that the following proposed amendments to the Constitution were not general and have determined the political subdivision or subdivisions directly affected by said proposed amendments; and WHEREAS: Said proposed amendments were published as required by Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended; and WHEREAS: Said proposed amendments were not submitted to the people (electors) of the political subdivision or subdivisions directly affected as required by Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended; and WHEREAS: The votes that were certified in favor of ratifying and the votes against ratifying the following proposed amendments are as follows: BALLOT NUMBER PROPOSED AMENDMENT AND POLITICAL SUBDIVISION OR SUBDIVISIONS AFFECTED FOR AGAINST DOUGHERTY COUNTY 7,254 5,467 * * Please note that in Paragraph I proposed local amendments numberred 63, 99, and 123 WERE DECLARED NOT TO BE A PART OF THE CONSTITUTION OF GEORGIA. 63. (Ga. L. 1968 P. 1520) CITY OF ALBANY No Votes Certified Proposed amendment to the Constitution to delegate to the respective governing authorities of the City of Albany and County of Dougherty authority to merge and consolidate by resolutions of said respective bodies, and without an enabling act of the General Assembly of Georgia, the Boards of Tax Assessors and the departments, offices, officers and functions of the City of Albany and of the County of Dougherty relating to the return and assessment of property for taxation, notice of property assessment, hearings, appeals, arbitrations and reviews of property assessments, liens, priority of liens, and enforcement and collection of ad valorem taxes levied by the City of Albany. County of Dougherty and State of Georgia, and other matters relating to or incident to the same. LINCOLN COUNTY 1,390 92 * 99. (Ga. L. 1968 P. 1702) CITY OF LINCOLNTON No Votes Certified Proposed amendment to the Constitution to create the Lincolnton and Lincoln County Development Authority. UPSON COUNTY 3,003 808 * 123. (Ga. L. 1968 P. 1503) CITY OF THOMASTON No Vote Certified Proposed amendment to the Constitution to authorize the General Assembly to consolidate and combine the Board of Tax Assessors of the City of Thomaston and of the County of Upson into a single board of tax assessors for said city and county and to require that all taxable property in said city and county be returned to the Tax Commissioner of Upson County and the city and county taxes due thereon paid to said Tax Commissioner.

"GA1969.1.1375">

THEREFORE : I, Lester Maddox. Governor of the State of Georgia, do hereby proclaim that the proposed amendments which are not general numbered 63, 99 and 123, having not been submitted to the people (electors) of the political subdivision or subdivisions directly affected as required by Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended, are declared not to be a part of the Constitution of the State of Georgia.

"GA1969.1.1376">

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of Georgia to be affixed hereto, at the State Capitol, in the City of Atlanta, on this the 9th day of April, 1969, and of the Independence of the United States of America, the One Hundred and Ninety-Third.

"GA1969.1.1377">

A PROCLAMATION BY THE GOVERNOR: WHEREAS: The following proposed amendment to the Constitution of Georgia of 1945, as amended, having been proposed by Resolution in the House of Representatives of the State of Georgia, and having been agreed to by two-thirds of the members elected to each branch of the General Assembly and entered on the Journals of each of said branches with the Ayes and Nays taken thereon; and WHEREAS: The Governor, the Attorney General and the Secretary of State met and determined that the following proposed amendment to the Constitution was not general and have determined the political subdivision or subdivisions directly affected by said proposed amendment; and WHEREAS: Said proposed amendment was not published as required by Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended; and WHEREAS: Said proposed amendment was submitted to the people (electors) of the political subdivision or subdivisions directly affected as required by Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended; and WHEREAS: The vote of the people (electors) of each of said subdivisions voting in favor of ratifying and voting against ratifying said proposed amendment have been counted, tabulated, computed and canvassed by the Secretary of State of the State of Georgia, and the results thereof certified to the Governor of the State of Georgia; and WHEREAS: The votes in favor of ratifying and the votes against ratifying the following proposed amendment are as follows: BALLOT NUMBER PROPOSED AMENDMENT AND POLITICAL SUBDIVISION OR SUBDIVISIONS AFFECTED FOR AGAINST LEE COUNTY 736 252 * * Please note that in Paragraph 2 proposed local amendment numbered 98 WAS DECLARED NOT TO BE A PART OF THE CONSTITUTION OF GEORGIA. 98. (Ga. L. 1968 P. 1532) Proposed amendment to the Constitution to create the Lee County Development Authority, and to provide for powers, authority, funds, purposes and procedures connected therewith.

"GA1969.1.1378">

THEREFORE: I, Lester Maddox, Governor of the State of Georgia, do hereby proclaim that the proposed amendment which is not general numbered 98 was ratified according to the Constitution of the State of Georgia, according to the results of the November 1968 General Election held on Tuesday, November 5, 1968, and according to the certification delivered to me by the Secretary of State of the State of Georgia. FURTHER: I, Lester Maddox, Governor of the State of Georgia, do hereby proclaim that the proposed amendment which is not general numbered 98, having not been advertised according to Article XIII, Section I, Paragraph I, as amended, is declared not to be a part of the Constitution of the State of Georgia. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of Georgia to be affixed hereto, at the State Capitol, in the City of Atlanta, on this the 9th day of April, 1969, and of the Independence of the United States of America, the One Hundred and Ninety-Third.

"GA1969.1.1379">

A PROCLAMATION BY THE GOVERNOR: WHEREAS: The following proposed amendment to the Constitution of Georgia of 1945, as amended, having been proposed by Resolution in the Senate or the House of Representatives of the State of Georgia, and having been agreed to by two-thirds of the members elected to each branch of the General Assembly and entered on the Journals of each of said branches with the Ayes and Nays taken thereon; and WHEREAS: The Governor, the Attorney General and the Secretary of State met and determined that the following proposed amendment to the Constitution was not general and have determined the political subdivision or subdivisions directly affected by said proposed amendment; and WHEREAS: Said proposed amendment was published and submitted to the people (electors) of the political subdivision or subdivisions directly affected as required by Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended; and WHEREAS: The vote of the people (electors) of each of said subdivisions voting in favor of ratifying and voting against ratifying said proposed amendment have been counted, tabulated, computed and canvassed by the Secretary of State of the State of Georgia, and the results thereof certified to the Governor of the State of Georgia; and WHEREAS: The votes in favor of ratifying and the votes against ratifying the following proposed amendment are as follows: BALLOT NUMBER PROPOSED AMENDMENT AND POLITICAL SUBDIVISION OR SUBDIVISIONS AFFECTED FOR AGAINST PULASKI COUNTY 910 610 109. (Ga. L. 1968 P. 1496) CITY OF HAWKINSVILLE 568 228 Proposed amendment to the Constitution to create the Pulaski County-Hawkinsville Development Authority.

"GA1969.1.1380">

THEREFORE: I, Lester Maddox, Governor of the State of Georgia, do hereby proclaim that the proposed amendment which is not general numbered 109, having been ratified according to the Constitution of the State of Georgia, according to the results of the November 1968 General Election held on Tuesday, November 5, 1968, and according to the certification delivered to me by the Secretary of State of the State of Georgia, is declared to be a part of the Constitution of the State of Georgia. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of Georgia to be affixed hereto, at the State Capitol, in the City of Atlanta, on this the 9th day of April, 1969, and of the Independence of the United States of America, the One Hundred and Ninety-Third.

"GA1969.1.1381">

For any information regarding these ACTS and RESOLUTIONS please contact: BEN W. FORTSON, JR. Secretary of State or JOE N. BURTON Assistant to Secretary of State